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01-17-0641, South Miami zl m?g 4 Ali- America City J � City Commission Meeting Meeting dates January 17, 2006 6130 Sunset Drive, 'South Miami, FL Next Regular Meeting Date: February 7, 2006 °Phone: (305) 663 -6340 Time: 730 PM � City of South Miami Ordinance =No. 10 -00 -1712 requires all lobbyists before „ engaging in any lobbying activities to .register with the City Clerk and pay an annual fee of $125.Q0. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "pity" action. "City" action is broadly described to include the ranking and,, selection of professional consultants, and virtually all - legislative, quasi- judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. W CALL TO ORDER: A Roll Call: B Invocation: C. Pledge of Allegiances D. Presentations) 7:00 p.m. 1) Proclamation to be presented to the Kiwani's Club on its 50th Annual Pancake Day. 2) Proclamation for "Arbor Day." ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: December 6, 2005 REGULAR CITY COMMISSION 1 AGENDA - January 17, 2006 2. City Manager's Reports -a) Expenditure Report for Hurricane Wilma 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $17,536.57; CHARGING $17,536.57 TO ACCOUNT NO. 001- 1500 - 514 -3410, LEGAL SERVICES, NON- RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5 A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $17,536.57 CHARGING THE 'LEGAL SERVICES NON - RETAINER ACCT W /CURRENT BAL$88,287.21) (City Attorney) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION: OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANTS, AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $50,000 FROM THE CODE ENFORCEMENT SETTLEMENTS ACCOUNT NUMBER 001.0000.219.8210 AS THE CITY'S 50% MATCH FOR A "GRANT FROM THE NATIONAL FOOTBALL LEAGUE FOR THE CONSTRUCTION OF A CONCESSION /RESTROOM BUILDING AT SOUTH MIAMI PARK; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION' AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMT NOT TO EXCEED $50,000 FROM THE CODE" ENFORCEMENT SETTLEMENTS ACCT WITH A CURRENT BAL$150,000 AS THE CITY'S 504 MATCH FOR A GRANT FROM THE NAT'L FOOTBALL LEAGUE FOR THE CONSTRUCTION OF A CONCESSIONIRESTROOM BUILDING AT SO MIAMI PARK) (City Manager) 6. A:RESOLUTI'ON OF THE MAYOR' AND CITY COMMISSION OF THE CITY OF SOUTH` MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SHARON KENDRICK - JOHNSON TO SERVE 'ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING JANUARY'` 16, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING SHARON KENDRICK - JOHNSON TO SERVE ON THE CRB FORA 2 -YR TERM ENDING 1116108) (Mayor Russell) _ REGULAR CITY COMMISSION 2 AGENDA - January 17, 2006 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 7. AN ORDINANCE OF THE MAYOR AND CITY'' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH MIAMI CHILDREN'S' CLINIC FOR THE LEASE OF THE PHASE I BUILDING AT MURRAY PARK LOCATED 6701 SW 58" PLACE, 'SOUTH MIAMI FLORIDA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO; LOCAL 3294; (HEREINAFTER REFERRED TO AS AFSCME; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR 'COLLECTIVE' BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY` OF SOUTH` MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A: THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION SUPERVISORY UNIT (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; ',ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) REGULAR CITY COMMISSION 3 AGENDA - January 17, 2006 i RESOLUTION (S) 11. A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $1779.93; TO BE CHARGED TO ACCOUNT NO. 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN EFFECTIVE DATE. (Deferred 01111106) 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMT OF $1779.93; TO BE CHARGED TO THE CONSULTANT LABOR ATTY ACCT WITH A CURRENT BAL$19287) (City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 12. AN ORDINANCE OF MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' OPTING' OUT OF SECTION 101.657(2) FLORIDA STATUTES, WHICH REQUIRES THAT THE SUPERVISOR OF ELECTIONS' PREPARE AN ELECTRONIC DATA FILE FOR EARLY VOTING; PROVIDING FOR DIRECTIONS` TO CLERK;' PROVIDING FOR °ADOPTION. OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVER.ABILITY CLAUSE; PROVIDING FOR INCLITSION IN CODE; PROVIDING AN EFFECTIVE DATE 3/5 (City Attorney) 13`. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; REGISTRATION_ AND REPORTING, EXEMPTIONS," OF THE CITY OF SOUTH MIAMI CODE; REQUIRING` REGISTRATION AND DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION :,8A -6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER," PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Attorney) THE CITY' HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY CObMXSSION MEETINGS. REGULAR CITY COIMMISSION 4 AGENDA January 17, 2006 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 =2.1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO `CONTINUE. COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, -THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO 'APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR REARING, 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 CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION rj AGENDA - :January 17, 2006 Cit y of South Miami Hurricane Wilma Estimated Recovery Expenses as of 1/9/06 II a►wai►�r►r City of South' Mis No. - = 1134 3unwt Drive, South Miami, Florida 33143 (345) 663 -6339 Fax: (305) 667 -7846 REQUISITION For Check E3 For PurrImme Omer V +f,I+tDC)R; (X)DM (W M RUNTS APPROM DATE: ` �C L. HEAD OP DBPARTM)4T MT KANAO U l Z L-' r 'ADDRESS; CONMIVIATION. Telephone: fax: Coenaot Rune: . __ THEREBY MRTUN THAT Tiff. ABOVE MATEWAI„ f ret: W..N'f, OR SPRVICE L5 ESSENTLAL, AND A PROPER R AG(A T THE CODES CHARGED. (X)DM (W M RUNTS APPROM iKRIC HASU AS ABOVE APPROVRD ANI>ISSL)ANCF OF PURMWE ARDER AUTHORMD SUPPIM) CY OF 00R�'RiA71* A LLeIWU VIRII�D (B71CIT AS OTHIRWNX NOZ'Sp.) L. HEAD OP DBPARTM)4T MT KANAO U RECEIVFEM A QQQ' FfN GE nC PT�. I'le...rmm .e i INVOICE 11/30/2005 Native Tree Service, Inc. 15733 SW 117th Avenue Miami, Florida 33177 (305) 238 -1178 (305) 238 -8878 CITY OF SOUTH MIAMI City Of South Miami 6130 SW 72 ST Varied addresses MIAMI, FL 33143- 33143 •• # i Terms to Tax Total Credits Storm Clean -up 136028 11/21/2005 $5,896.80 ; $0.00 $5,896.80 DANTE FASCELL PARK Hurricane Wilma repair Miami -Dade County Bid No. 7661 -4/09 11/17/05 1 Crew @,8 hours 11/19/05 1 Crew @ 4 hours + 1 Crew @ 6 hours = 10 hours 11/21/05 1 Crew @ 8 hours + 1 Crew @ 4 hours = 12 hours Total: 30 Crew hours x $196.56 PLEASE REMIT: NAT ....._ 1 �`:� az `175 TREE SMIRVICE 15733 SW 117th Avenue Miami, Florida 33177 (305) 238 -1178 _ Please complete THIS portion and return with payment. Thank you. Service: Storm Clean -up JA Account Key: 11903 Invoice Number: 136028IAttE�l7EPTe Please Remit: $5,896.80 I'�III'III�I VIII (IIII VIII VIII IIIIII' II IIII I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 5 FEES; ;`APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 6 FIGUEREDO, P.A. IN THE AMOUNT OF $17,536.57; 'CHARGING 7 $17,536.57 TO ACCOUNT NO. 001 - 1500 -514- 3410, LEGAL SERVICES, 8 NON- RETAINER; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of South Miami approved Resolution I I No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of 12 City Attorney non - retainer attorneys' fees and costs; and, 13 14 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal 15 services' rendered, and costs advanced, for the period ending 16 December 31, 2005, in the amount of $17,536.57; and, 17 18 WHEREAS, as of January 09, 2006, the existing balance on city attorney account 19 no. 001 - 1500 - 514 -3410, legal services, non - retainer; is $88,287.21. 20 21 WHEREAS, the office of the City Attorney recommends payment of the attached 22 invoices. 23 24 , NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. _ The invoices for attorneys' _ fees and costs received from Nagin 28 Gallop Figueredo, P.A., in the total amount of $17,356.57 are approved for payment; 29 charging $17,356.57 to account no. 001 - 1500 - 514 -3410, legal, non - retainer. 30 31 Section 2. This resolution shall take effect immediately upon approval. 32 33 PASSED AND ADOPTED this day of January2006. 34 3`5 ATTEST: APPROVED: 36 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 READ AND APPROVED AS TO FORM: Mayor Russell: 43 Vice Mayor Palmer: 44 Commissioner Birts - Cooper: 45 CITY ATTORNEY Commissioner Sherar: 46 Commissioner Wiscombe CITY' OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Adriana Hussein, Interim Finance Director Date: January 9, 2006 From: Luis R. Figueredo, city attorney's office Re: Invoice from Certified Shorthand Reporters Re: Attorney Client Session Transmitted are the original invoices from Certified Shorthand Reporters, Inca pertaining to the attorney client session held on various dates concerning the matter, Mark Richman Properties v. City of South Miami. In review of the file in June it was disclosed that a majority of the attorney - client sessions held during the time period of April 200 through June 2005 had not been transcribed, per the City policy all attorney- client sessions I should be transcribed with the original retained at the City Attorney's office. in late August, early September the transcripts were completed and sent to the City Attorney's office. As an oversight the invoices were included within the transcripts and not sent separately. Therefore they were inadvertently miss -filed with the original transcripts causing an untimely delay in forwarding the invoices to your attention. Certified has been notified of the delay. Requisition No. 5 is attached. Please process the invoices for payment directly to Certified Shorthand Reporters, Inc. Thank you. j cc: Certified Shorthand Reporters, Inc. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Certified Shorthand Reporters, Inc. Req. No. 5, FY 2005-06 Date: December 28, 2005 Finance Depart Item Description and No. Quantity Specifications Account Number Unit Price Total 1 1 Other Contractual Service 001- 1500 -514 -3451 $21.8.50 $218.50 — Court Reporter, Original Transcript & Copy 2 1 Other Contractual Service 001- 1500- 514 - 3451`' $350.00 $350.00 — Court Reporter, Original Transcript & Copy 3 1 Other Contractual Service 001- 1500- 514 -3451 $432,00 $432.00 Court Reporter, Original Transcript & Copy 4 1 Other Contractual Service 001- 1500- 514 -3451. $294.00 $294.00 — Court Reporter, Original Transcript & CoRy S 1 Other Contractual Service 001- 1500- 514 -3451` $550.00 $550.00 — Court Reporter; Original Transcri t & Co 6 1 Other Contractual Service 001- 1500 - 514 -3451 $340.00 $340.00 — Court Reporter, Original Transcri pt & Copy 7 1 Other Contractual Service 001 -1500- 514 -3451 $357.00 $357.00 - Court Reporter, Original Transcript & Copy 8 1 Other Contractual Service 001 -1500- 514 -3451 $624.00 $624.00 — Court Reporter, Original Transcript & Copy 9 1 Other Contractual Service 001- 1500 - 514 -3451 $701.00 $701.00 -- Court Reporter, Original Transcript & Copy Purchase I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved F Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes C Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) He a artrnent' Finance Department City Manager Certified Shorthand Reporters, Inc. 19 W. Nagler Street Suite M-101 Miami, FL 33130 Phone #. (305)374- +6545 Fax # (305)374 -0616 Employer I.D. No. 594603299- Acct: 25 Involve bate �vE �o�rTSls . s/3orzaa NAGIN, GALLOP & F�G�iEREDO, , 3225 AViATIQN AVENUE SUITE 301 • ce'IVo Invd iVIIAMI, FL 33133 85,993 RE: CITY OF SOUTH MIAMI . PLEASE WEEK WHEN lNViHCE NUMBER WNEN aEMIrrING Hearing: ATTORNEY - CLIENT SESSION Date Taken: 11/04/2003 Reporter: PAUL LEVERITT Code Ucscnption °��' arges Ch t AF Attendance Fee (6:00 - 7.30) F 154.00 01 Original and one copy of transeript 25 200.00 TERMS: NET 30 DAYS` Please enclose a copy of this invoice with payment. No credit is extended to attorneys' clients or other third Total: 350.00 parties. In accepting performance of our services, attorney agrees to be responsible for payment. ...TOTAL B�1LA�CE . . �-.�n - � r—r+r .,rrn,-- -... - ^.mot . .. , sr�h r � 3rv,.,, "r'"�` .. '4�2 . mq�"`ld-0':• '^. "�'P`a£z„� #. � F �'� Aa —3"' .r- ��a„^` s3'': -: P" Certified Shorthand Reporters, Inc. 19 W. Hagler Street Suite M-101 Miami, FL 33130 Phone #: (3115)374 -6545 Fax #: (305)374 -0616 Acct: - 25 Employer I.D. No. 59-1603299 Xuyoice,l3a�e. �v� s ©uTSIs ]!iAGIN, GALLOP & FIGUEREDO, 8/3012005 3225 AVIATION AVENI7E SUITE 301, lievmce No MIAMI, 33133 Wd :. 85,993 RE: CITY OF SOUTH MIAMI PLEASE REVERNCE TNI5 RavOiCr, NUMBER. WHEN ,. REMITTING Bearing: ATTORNEY - CLIENT SESSION Date Taken: 11/04/2003 Reporter: PAUL LEVERITT , ;: Certified Shorthand Reporters, .Inc. 19 W. Flagler;Street Suite M -101 Miami, FL 33130 'Phone #: (345)374 -6545 Fax #: (305)374 -0614 Acct: 25 Employer LD. No 59-1603299 'invoice irate 8/30/2005 InvaiCO No 85,942 Certified Shorthand Reporters, Inc. 19 W. Flagler Street Suite M -10I Miami, FL 33130 Phone #;' {305)374 -6545 Fax #: (305)374 -0616 Employer I.D. No. 59-1603299 Acct: 25 Tnvoxcsi0!ate Vi�B(2UTSIS NAGIN,.GALLQI' �8c F,IG1ERED0, im 8/30/200$ 325 AVIAN ION AVENUE SUI EE 801 xnva iccNo 1VIIAMI ti L 33133 z: la% RE: CITY OF SOUTH MIAMI PLEASE REFERNCEra1s INV0ICE NUMBER WHIN . . REMrMNC Hearing: ATTORNEY - CLIENT SESSION Date Taken: 9/23/2003 Reporter: ` PAUL LEVERITT f Code Descry txon Qty Charges AF Attendance Fee (6;00 -7:30) 1 150.00 41 Original and one copy of transcript 18 144.00 TERMS: NET 30 DAYS Please enclose a copy of this invoice with payment. No credit is extended to attorneys' clients or other third Total 294.00 parties. In accepting performance of our services, attorney agrees to be responsible for payment. �`OTAL �iALA1�CE • �94.�0 Certified Shorthand Reporters, Inc. Code 19 W. Flagler Street Suite M -101 Qty Miami, FL 33130 Phone #• (305)374 -6545 Fax #. (305)374-0616 ,...:. Acct: 25 Employer I.D. No. 59- 1603299 inv oice 1}ate • AF Attendance Fee (6:00-7:30) EYE BQUTSIS l 150.00 ;NAGIN,'GALLOP & FIGUEI2EI)Q, , s/3a2oos 144.00 3225 AViATiONAi'RNiiE SUITE 301 ,lavolce No TERMS: NET 30 DAYS MIAMI,FL 33133 Please enclose a copy of this invoice with payment. 85,991 RE: CITY OF SOUTH MIAMI MASS REPEMCE Tws INVOICE NUMBER WHEN RPAIMING Hearing: ATTORNEY- CLIENT SESSION 294.00 Date Taken: 9/23/2003 Reporter: -PAUL LEVERITT Code Aescription Qty Cb axges ,...:. .. AF Attendance Fee (6:00-7:30) l 150.00 OI Original and one copy of transcript 18 144.00 TERMS: NET 30 DAYS Please enclose a copy of this invoice with payment. No credit is extended to attorneys' clients or other third Total: 294.00 parties. In accepting, performance of our services, attorney agrees to be responsible for payment. TOTAL.BALANCE , nuE , Certified Shorthand Reporters, Inc. 19 W Flagler Street Suite M-101 Miami, .FL 33130 Phone #:(305)374-6545 Fax #: (305)374 -061 6 Employer I.D. No. 59-1603299 Acct: 25 Tuvolca Rate �� BouTSIS 8/30/2005 NAGIN i�AL�UP & FIGUEREI)O, ; 3225 AIATION.AVEIVL?E SUITE 30] Iavolce No: iVlL4MI,FL 33133 85,994 RE: CITY OF SOUTH MIAMI PLEASE REFEMCB T1313 AMVOICE MtrMSEIR WHEW l REMITMG Hearing: ATTORNEY- CLIENT SESSION Date Taken: 1/2012004 Reporter: PAUL LEVERITT oilCode Descrapt�on rge AF Attendance Fee (6:00 -7:30) 1 150.00 O1 Original and one copy of transcript 50 400.00 TERMS: NET 30 DAYS Please enclose a copy of this invoice with payment. No credit is extended to attorneys' clients or other third Total: 550.00 parties. In accepting performance of our services, attorney agrees to be responsible for payment. TOTAL, BALANCE 550.00 Certified Shorthand Reporters, Inc. 19 W. Flugler Street Suite M -101 Miami, FL 33130 Phone i#.- (345)374 -6545 Fax #: (305)374 -0616 Employer I.A. No. 59- 2603299 Acct: 25 2nwAlce i7�ate• Ir�E soliTSTS 8/30/2005 i,�GiN, GALLOP & FTG>7EREDb, 3225 AVIATION AVENUE SUITE 301 IRlVA IF c hlo.r 1VIXAAiVII FTa 33133 ` 85,995 RE: CITY OF SOUTH MIAMI INVOICE NUMBER WHEN PW01C NUMBER WHEN REMITrING Hearing: ATTORNEY- CLIENT SESSION Date Taken: 4/06/2004 ' Reporter: -PAUL LEVERITT Cade DescrJption QtY Cha ;ges AF Attendance Fee (6,00 -7:00) 1 100.00 Ol Original and one copy of transcript 34 240.00 TERMS:, NET 30 DAYS Please enclose a copy of this invoice with payment. No credit is extended to attorneys' clients or other third Total: 340.00 parties. In accepting performance of our services, attorney agrees to be responsible for payment. TOTAL BALANCE 340.00 DUE. .. erI as THIS CITY OF SOUTH MIAMI avVOCE vmIUR W1en _UMUTING Hearing: ATTORNEY /CLIENT SESSION Date Taken: 12/22/2004 Reporter: PAUL LEVERITT RE: CITY OF SOUTH MIAMI PLEAD IWERNCE MIS WVQ=mmBER WHEN Hearing: ATTORNEY- CLIENT SESSION Date Taken: 6/07/2004 Reporter: PAUL LEVERITT +�--- , -�-� -„ � ^;� �nY-.a°m�rr �-.s.�u „ + �:F �#'4= +"'�P�:.h``, =` :�.x; :.��r�-�rrF�7��'r ". �,, ,.'�' k��: ,. Via„ F: ">^. n r�r^�=.°@ RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE` CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $17,536.57; CHARGING $17,536.57 TO ACCOUNT NO`. 001 - 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved' Resolution No. 99 -94 -9500, as amended by Resolution 'No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending December 31, 2005, in the amount of $17,536''.57; and, WHEREAS, as of January 09, 2006, the existing balance on city attorney account no. 001- 1500 -514 -3410, legal services, non retainer, is $88,287.21: WHEREAS, the office of the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and casts received from Nagin Gallop Figueredo, P.A., in the total amount of $17,356.57 are approved for payment; charging $17,356.57 to account no. 001- 1500 -514 -3410, legal, non- retainer. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of January 2006. ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APP ED AS TO EORM: Mayor Russell: Vice Mayor Palmer: Commissioner Birts- Cooper: C TTORNEY Commissioner Sherar: Commissioner Wiscombe: Item No. Quantity Description and Specifications Account Number Unit Price Total 1 10 Legal, Non- Retainer 001 -1500- 514 -341.0 $17,536.57 $17,536.57 I 1 1 ToTax, I $17,5367.57 Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As - Otherwise Noted) Hea a aPme Finance Department I City Manager NA.IrALLp`GIT��.�DOP. ttnr�tes...:ounse� ors 18001 Old Cutler Road - Fifth Floor City Attorney Account No. 001 - 1500 - 514 -3414, Legal Services, Non - Retainer Account balance as of January 09, 2006, $88,287.21 0022 -068 Telecommunications Contracts Statement No. 18180 dated 12131105 Prof'l Services Disburesments Total Due $ 3,320.00 0.00 3,320.00 0022 -129 Mark Richman Properties v. CSM Statement No. 18181 dated 12131105 Prof'I Services Disbursements Total Due $ 0.00 82.11 82.11 0022 -136 Rosenbaum v. CSM Statement No. 18080 dated 11128105 Prof'I Services Disbursements Total Due $ 0.00 2.48 2.48 0022 -137 Special Master Statement No. 18183 dated 12131105 Prof'1 Services Disbursements Total Due $ 1,300.00 5.97- 1,305.97 0022 -152 YMCA Matter Statement No. 18184 dated 12131105 Prof' 1 Services Disbursements Total Due $ 0.00 32.55` 32.55 ` 0022 -162 Mohammed Abdulla Alhumoud Statement No. 18185 dated 12131105 Prof'l Services Disbursements Total Due $ 2,796.00- 666.91 3,462.91 0022 -171 Forfeiture of Currency Statement No. 18186 dated 12131105 Prof'1 Services Disbursements Total Due $ 4,740.00 321.88 5,061.88 0022 -172 Forfeiture of 1997 Black Mitsubishi Eclipse Statement No. 18187 dated 12131105 Prrof'1 Services Disbursements Total Due $ 0.00 346.09 346.09 0022 -173 Forfeiture of Currency Statement No. 18188 dated 12131105 Prof'l Services Disbursements Total Due $ 2,720.00 42.5$ 2,762.58 0022 -174 Hall, Doris v. CSM Statement No. 18189 dated 12131105 Prof'l Services Disbursements Total Due 1,160.00 0.00 1,160.00 Total $ 17,536.57 Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAMI' January 9, 2006 Do not hesitate to call me if you have any questions regarding these statements. 'fiery truly yours, Ltlifis R. Figuereda LRF.reh Enclosures cc; Mayor and City Commission Page 3 of 3 I i I I NAGIN GALLOPFIGUEREDOPA, Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -.5351 December 31, 2005 Adriana Hussein Matter ID: 0022 -068 Interim Finance Director Telecommunications Contracts City of South Miami 6130 Sunset }rive Invoice Number 18180 City of South Miami, FL. 33143 Hours ` Amount 11/17/2005 NDH' Continued research re: contribution limits for campaign Jaws; 4.50 900.00 conferred with Ms. Boutsis re: the Atlantic Cable; Franchising Agreement; located previously prepared memorandum re: termination, revocation, and renewal re: Atlantic Broadband; and provided analysis re: same. 11/21/2005 NDH' Attention to the Federal Telecommunications Act and the 0.20 40.00 memorandum re: the same. 11/28/2005 NDH: Attention to renewal requirements under Federal 2.20 440.00 Telecommunications Act and research re: a city's right to cables within the right of way. 12/5/2005 EAB' Analyzed responses by Audio Video and chief Orlando Martinez; 0.50 100.00 and provided comments to staff regarding same. 12/6/2005 NDH', Researched and analyzed case law re: renewals and a 3.50 700.00 municipalities rights to cables in the rights of ways; conferred with experts re: the same; coordinated future teleconference re: the same. 12/7/2005 EAB' Telephone conference with cable expert regarding Atlantic Cable 0.50 100.00 Franchise options.` 120712005 NDH Researched non - renewal case law; drafted and prepared 4.20 840.00 non- renewal memorandum and packets for Mr. Luis Figueredo and Ms. Eve Boutsis; teleconference with renewal experts; and prepared memorandum re: the same. 12/15/2005 L.RF' Conference with Ms. Eve Boutsis re: remaining matters to be 0.50 100.00 addressed prior to finalizing agreement: 12/15/2005 NDH Attention to letter re: Atlantic Broadband, 0.20 40.00 12/19/2005 EAB, Attention to Mr. Gremaf Reyes's letter; email communications with 0.30 60.00 chief Orlando Martinez and staff; and email communications with Mr. Todd Wells. Payment is due upon receipt. Please notify us within '10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -068 Statement No.: 18180 Page: 2 Total Professional Services 3,320.00 Rate Summary Luis R. Figueredo 0.50 hours at $200.00/hr 100.00 Eve A. Boutsis 1.30 hours at $200.00 /hr 260.00 Nakia D. Henry 14.80 hours at $200.00 /hr 2,960.00 Total hours: 16.60 Payments 12/7/2005 Payment Check No. 51182 580.00 12/28/2005 Payment Check No. 051573 620.00 Sub -total Payments: 1,200..00 For Professional Services 3,320.00 For Disbursements Incurred 0.00 Current Balance: 3,320.00 Previous Balance: 1,200.00 i Payments - Thank you 1,200.00 Total Due 3,320.00 Invoice Number: 18180 To be properly credited, please indicate Invoice Number above on your remittance check. I' i Payment Is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding, this Invoice. Interest at a rate of 1.50% per month will be charged if payment Is not received within 30 days. NAGIN GALLQP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 331 57 Telephone: '(305) 854 -5353 Facsimile: (305) 854 -5351 December 31, 2005 Adriana Hussein Matter ID: 0022 -129 Interim Finance Director Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Invoice Number 18181 City of South Miami, FL 33143 Expenses Database Legal research 81.37 12/30/2005 Postage Charge for the month of December 2005. 0.74 Sub -total Expenses: 82.11 Payments 12/7/2005 Payment Check No. 51182 1,640.63 12/2$12005 Payment Check No. 051573 99.37 Sub -total Payments: 1,740.00 For Professional Services 0.00 For Disbursements Incurred 82.11 Current Balance: 82.11 Previous Balance: 1,740.00 Payments -Thank you 1,740.00 Total Due 82.11 Invoice Number: 18181 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FI GUEREDCIPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Adriana Hussein December 31, 2005 Interim Finance Director Matter ID: 0022 -136 City of South Miami Rosenbaum v. CSM 6130 Sunset Drive Invoice Number 18182 City of South Miami, F1.33143 Expenses Photocopies 1.00 12/30/2005 Postage Charge for the month of December 2005. 1.48 Sub -total Expenses: 2.48 Payments 1217/2005 Payment Check No. 51182 1,524.58 12/28/2005 Payment Check No. 051573 137.25 Sub -total Payments: 1,661.83 For Professional Services 0.00 For Disbursements Incurred 2.48 Current Balance: .2.48 Previous Balance: 1,661.83 Payments -Thank you 1,661.83 Total Due 2.48 Invoice Number: 18182 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.6% per month viii be charged if payment is not received within 30 days.` NAGIN GALLOP FIGUEREDO PA, Attorneys Fr Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 31, 2005 Adriana Hussein Matter ID: 0022 -137 , Interim Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Invoice Number 18183 City of South Miami, FL 33143 Hours Amount 12/2/2005 EAB Attention to code enforcement issue; email communications with 0.40 80.00 Mr. Mike Sprovero regarding same; and drafted letter to Attorney Waico regarding liens against Stavros residence. 12/13/2005 NDH Conferred with Ms. Eva Rosa re: agenda; and reviewed the 1.00 200.00 agenda for the upcoming meeting. 12/15/2005 NDH Attended special master hearing. 2.80 560.00 12/16/2005 EAB Attention to Shields Bowden liens and possible foreclosure action 0.20 40.00 12/20/2005 EAB Attention to Shields Bowden property; and Drummond subpoena 0.40 80.00 matter. 12/20/2005 NDH Conferred with Ms. Figueredo re pediatric clinic lease;; reviewed 0.50 100.00 lease agreement. 12/20/2005 NDH Attention to the Shields Bowden property e-mail from Ms. Boutsis. 0.20 40.00 12/21/2005 NDH Visited probate office to obtain probate documents for the Shields 1.00 200.00 Bowden property. Total Professional Services 1,300.00 Rate Summary Eve A. Boutsis 1.00 hours at $200.00/hr 200.00 Nakia D. Henry 5.50 hours at $200.00/hr 1,100.00 Total hours: ` 5.50 Expenses Database Legal research 5.97 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a late of 1.5% per month will be charged if payment is not received within 30 days. Nagin'Gallop Figueredo P.A. Matter ID: 0022 -137 Statement No.: 18183 Page: 2 Sub -total Expenses: 5.97 Payments 12/7/2005 Payment Check No. 51182 3,112.39 12/28/2005 Payment Check No. 051573 2,740.16 Sub -total Payments: 5,852.55 For Professional Services 1,300.00 For Disbursements Incurred 5.97 Current Balance: 1,305:97 Previous Balance: 5,852.55 Payments -Thank you 5,852.55 Total lD€ a 1,305.97 Invoice Number: 18183 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 60 days. NAGIN GALLOPFIGUEREDOPA, Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 31, 2005 Adriana Hussein Matter ID: 0022 -152 Interim Finance Director YMCA Matter City of South Miami 6130 Sunset Drive Invoice Number 18184 City of South Miami, FL. 33143 Expenses Photocopies 28.00 12/30/2005 Postage Charge for the month of December. 4.55 Sub -total Expenses: 32.55 Payments 12/7/2005 Payment Check No. 51182 3,326.78 12/28/2005 Payment Check No. 051573 1,160.00 Sub -total Payments: 4,486.78 For Professional Services 0.00 For Disbursements Incurred 32.55 Current Balance: 32.55 Previous Balance: 4,486.78 Payments - Thank you 4,486.78 Total Due 32.55 Invoice Number: 18184 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify, us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.50/6 per month will be charged if payment is not received within 30 days. NAGIN GALLOPFIGUEREDOP& Attorneys & Counselors' 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 654 -5353 Facsimile: (305) 854 -5351 December 31, 2005' Adriana Hussein Matter ID: 0022 -162 j Interim Finance Director Mohammed Abdulla Alhumoud City of South Miami 6130 Sunset Drive Invoice Number 18185 City of South Miami, FL 33143 Hours Amount 11/14/2005 NDH Reviewed and prepared documents for upcoming Abdulla hearing; 1.60 296.00 and prepared final order. 11/15/2005 NDH Attended Abdulla hearing re: motion for final default judgment 4.50 900.00 against Abdulla and motion for final summary judgment against George L.. Knight 11/2112005 NDH Attention to Abdulla foreclosure; brief attention to obtaining 0.60 120.00 property appraisal; report. 11/21/2005 NDH Attention to notice issues; prepared e-mail re: publication to my 0.40 80.00 assistant; and reviewed foreclosure procedures. 11/28/2005 NDH Attention to the Abdulla attorney- client session [no charge]. 0.30 0.00 11/29/2005 NDH Attention to e-mail to Mr. Figueredo re: follow -up for the Abdulla 0.30 60.00 attorney client session, including research. 11/29/2005 NDH Attention to research re: whether a city may sell its judgment prior 1.00 200.00 to aforeclosure sale. 11129/2005 NDH Attention to Abdulla foreclosure sale. 0.30 60.00 11/30/2005 NDH Research re-.whether the city may sell its default final judgment of 4.30 860.00 foreclosure; prepared e-mail to Mr. Figueredo re: the same. 1212/2005 NDH Attention to total taxes due; teleconference with Mr. George Lott re: 0.90 180.00 the same; ;attention to research re: whether the city may sell or assign its default final judgment of foreclosure against Abdulla. 12/5/2005 NDH Attention to status of the Abdulla matter. 0.20, 40.00 Total Professional Services 2,796.00 Rate Summary Nakia D. Henry 0.30 hours at $ 0.00/hr 0.00 Payment is due' upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. -,�-fi ,, m , rte..;- �_r- �,-- -� , f.- =- -��-�, �x. � ,��.� .� w� -��, �� .» • Nagin Gallop Figueredo P.A. Matter ID: 0022 -162 Statement No,: 18185 Page: 2 Nakia D. Henry 1.60 hours at $185.00/hr 296.00 Nakla D. Henry 12.50 hours at $200.00 /hr 2,500.00 Total hours: 14.40 Expenses Database Legal research 183.31 12/14/2005 Court reporter 397.00 12/22/2005 Advertisement for Forfeiture 86.00 12/30/2005 Postage Charge for the month of December 2005. 0.60 Sub -total Expenses: 666.91 Payments 1217/2005 Payment Check No. 51182 1,950.72 12/28/2005 Payment Check No. 051573 346.15 Sub-,total Payments: 2,296.87 For Professional Services 2,796.00 For Disbursements Incurred 666.91 Current Balance: 3,462.91 Previous Balance: 2,296.87 Payments - Thank you 2,296.87 Total Due 3,462.91 Invoice ` Number: 18185 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5o per month will be charged if payment is not received within 30 days: NAGIN GALLGPFIGUEREDUp"- Attorneys Fa Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 31, 2005 Adriana Hussein Matter ID: 0022.171 Interim Finance Director Forfeiture of Currency City of South Miami 6130 Sunset Drive Invoice Number 18186 City of South Miami, F'L 33143 Hours Amount 11/15/2005 NDH Attention to motion to compel discovery against Alvina Solomon 0.60 120.00 and Hattie Mathis Brown. 11/17 /2005' NDH Attention to Bruce Townsend motion for default and Tina White 0.70 140.00 default final judgment. 11/2112005` NDH' Attention to notice issues; prepared e-mail re: publication to my 0.50` 100.00 assistant; and reviewed forfeiture statutes. 11/21/2005 NDH Attention to reply and motion to strike for Bruce Townsend, ` 2.00 400.00 including research, and analysis re; unlawful search and seizure. 11/22/2005 NDH Attention to reply and motion to strike against Bruce Townsend; 5.00 1,000.00 researched and analyzed case law to refute the affirmative defense re: warrantless search; attention to relevant deadlines. 11/2812005 NDH Attention to Sanchez forfeiture matter and the publication 1.00 200.00 requirement; reviewed case law re: warrantless searches and probable cause definitions for the Bruce Townsend reply and motion to strike. 11/29/2005 NDH Conferred with Ms. Boutsis re: the Sanchez iorf eiture, other 0.30 0.00 outstanding forfeiture deadlines, and notice requirements [no charge]. 11/30/2005 NDH Attention to publication in the Sanchez matter. 0.20 40.00 12/2/2005 NDH Reviewed research re: proper notice requirements for titled items 3:00 600.00 that have been seized; e- mailed Ms. Boutsis re: the same; reviewed complaint and accompanying documents, notice of - action, and affidavit of due diligence for filing, publication, and - serving; teleconference with TGK officer to determine when Bruce Townsend was released from the facilities. 12/5/2005 NDH Attention to the reply and motion to strike; attention to motion for 2.00 400.00 default. [4 hours no charge]. 12/6/2005 NDH Completed Reply for Townsend; contacted Mr. Droese re: potential 1.00 200.00 settlement; reviewed pleadings to prepare for upcoming motion to Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1,60% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter 11): 0022 -171 Statement No.: 18186 Page: 2 strike hearings 11.30 no charge]. 12/7/2005 NDH Attention to preparation for upcoming hearing on the motion to 1.50 300.00 strike affirmative defenses. against Mr. Townsend and Ms. Mathis; prepared order that grants default judgment against Ms. Solomon; conferred with Mr. Drosese re: the same [1.70 no charge]. 12/8/2005 NDH'; Attended hearings for motion for default and reply and motion to 4.50 900.00 strife against Aivina Solomon and Hattie Mathis. 12/8/2005 NDH Attention to order on reply and motion to strike to Fred Droese; 1.50 300.00 prepared e-mail re: status of matter and estimate of time to complete forfeiture matters; conferred with Ms. Boutsis re: the same. 12/9/2005 NDH Received e-mail from Ms.Boutsis re: Townsend order from Mr. 0.20 40.00 Droese, reviewed order and accompanying motions; left message for Mr. Droese re: the same [0.6 no charge]. 12/14/2005 NDH' Attention to notice requirements for forfeiture, including 1.80 0.00 independent research. [no charge] 12/16/2005 NDH' Reviewed 12/8/05 order and left second message for Mr.Droese 0150 0.00 re: his original message; instructed assistant to prepare notices of unavailability for all matters [no charge]. 12/20/2005 NDH Conferred with Ms. Judith Secher generally re: forfeitures, notice, 2.00 0.00 nexus, and felony requirements; conferred with Ms. Boutsis re: the same [no charge]. Total Professional Services 4,740.00 Rate Summary Nakia D. Henry 4.60 hours at $ 0.00 /hr 0.00 Nakia D. Henry 23.70 hours at $200.001hr 4,740.00 Total hours: 28.30 Expenses Photocopies 19.75 Database Legal research 225.67' 11/17/2005 Service of Process 70.00 12/30/2005 Postage Charge for the month of December 2005. 6.46 Sub' -total Expenses: 321.88 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at rate of 1.50% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -171 Statement No.: 18186 Page: 3 Payments 1217/2005 Payment Check No. 51182 3,565.08 12/2812005 Payment Check No. 051573 1,631.80 Sub -total Payments: 5,196.88 For Professional Services 4,740.00 For Disbursements incurred 321.88 Current Balance: 5,061.88 Previous Balance: 5,196.88 Payments - Thank you 5,196.88 Total Due 5,061.88 Invoice Number: 18186 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of reeelpt of any questions you have regarding this invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. �� NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 31, 2005 Adriana Hussein Matter ID: 0022 -172 Interim Finance Director Forfeiture of 1997 Black City of South Miami 6130 Sunset Drive Invoice Number 18187 City of South Miami, FL 33143 Expenses Filing fee 256.00 Photocopies , 29.00 12/2/2005 Federal Express 17.84 12/5/2005 Service of Process 35.00 12/30/2005 Postage Charge for the month of December 2005. 1 8.25 Sub -total Expenses: 346.09 For Professional Services 0.00 For Disbursements Incurred 346.09 Current Balance: 346.09 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 346.09 Invoice Number: 18187 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged If payment is not received within 30 days.' i r NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33151 Telephone: (305) 854 -5353 Facsimile: (305) 854- 5351 December 31, 2005 Adriana Hussein Matter ID: 0022 -173 Interim Finance Director Forfeiture in Re: US Currency City of South Miami 6130 Sunset Drive Invoice Number 18188 City of South Miami, F'L. 33143 Hours Amount 12/13/2005 NDH Prepared notice of seizure; attention to memorandum for probable 4.50 900.00 cause and researched felony requirement re: the same. 12/15/2005 NDH Attention to new forfeiture matter. 0.60 120.00 12/15/2005 NDH Attention to notices of seizure and accompanying documents; 2.00 400.00 teleconferences with chief Orlando Martinez, Detective Richard Munoz, Lt. Bruce Ross, Officer Mendez, and Ms. Boutsis re: the underlying facts the matters 12.0 no charge]. 12/16/2005 NDH Attention to money laundering provisions and Fla. Stat. 896 1.50 300.00 offenses re financial transactions statute; and attention to notice of seizure for Leonard Garcia [ 2.0 no charge]. 12/19/2005 NDH Attention to Morrow forfeiture and drafted accompanying 4.40 880.00 documents,, including complaint, memorandum of probable cause, and discovery documents [ 4.0 no charge]. 12/20/2005 NCH Attention to motion and memorandum of law; left message for Ms. 0.60 120.00 Judith Secher re: the same; attention to the Mendez verified affidavit 11.0 no charge]. Total Professional Services 2,720.00 Rate Summary Nakia D. Henry 13.60 hours at $200.00/hr 2,720.00 Total hours: 13.60 Expenses 12/15/2005 f=ederal Express 33.74 12/30/2005 Postage Charge for the month of December 2005. 8.84 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID. 0022.173 Statement No.: 18188 Page: 2 Sub -total Expenses: 42.58 For Professional Services 2,720.00 For Disbursements Incurred 42.58 Current Balance: 2,762.5$ Previous Balance: 0.00 Payments Thank you 0.00 Total Due 2,762.58 Invoice ' Number: 18188 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of recelpt'of any questions you have regarding this invoice. Interest at a rate of 450% per month will be charged if payment is not received within 30 days. NAGIN GALLOPFIGUEREDOp Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December $1 2005 Adriana Hussein Matter ID: 0022 -174 Interim Finance Director Hall, Doris v. CSM & City of South Miami 6130 Sunset Drive Invoice Number 18189 City of South Miami, FL 33143 Hours Amount 12/13/2005 EAB Telephone conference with HUD regarding Hall complaint; 1.50 300.00' analyzed state of Florida licensing records for Ms. Nall; drafted email communication to HUD investigator; and follow up with staff regarding back up information. 12/14/2005 EAB Attention to grant and federal funding related item; email 0.60 120.00 communications with staff members regarding obtaining all documents requested. 12/20/2005 EAB E -mail communications with HUD investigator; obtained extension 3.00 600.00 until possible re- filing of Hall complaint; analyzed city federal grant funding; prepared memorandum regarding same and drafted e -mail to staff regarding funding; e-mail communications regarding grant funding; analyzed all funding provisions and applicable law; meeting with Mr. Figueredo regarding same; and drafted e- mall 'to HUD investigator regarding Hall complaint and grant funding. 12/21/2005 LRF Conference with Ms. Eve Boutsis re: documents that will need to 0.70 140.00 be submitted to HUD. Total Professional Services 1,160.00 Rate Summary Luis R. Figueredo 0.70 hours at $200.00/hr 140.00 Eve A. Boutsis 5.10 hours at $200.00 /hr 1,020.00 Total hours: 5.80 Payment is due; upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.50% per month will be charged if payment is not received within 30 days. Nagiin Gallop Figueredo P.A. Matter ID: 0022 -174 Statement No.: 18189 Page: 2 For Professional Services 1,160.00 For Disbursements Incurred 0.00 Current Balance: 1,160.00 Previous Balance; 0.00 Payments - Thank you 0.00 Total Due 1,160.00 Invoice Number: 18189 To be properly credited, please indicate Invoice Number above on your remittance check: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.60% per month will be charged if payment is not received within 30 days. :. ,,. .. r .., '` W,,, .r� ,, .. ,f, .x.Au�;'F�: <'^?s'�Y T`M�;.,. .. PM1;r3'."'•v7, A At�-�rr��ys, �Gou�tse�a�s 18001 Old Cutler Road - Fifth Floor 'v 1 ✓V'UUl.WW41✓11Y V, VVLLiI.i LYlilill2l,l.'1Vi3�1Q J.11'?J Vendor: NAGIN GALLOP FIGUEREDO, P.A. Req. No. 6, FY 2005 -06 Date: January 9, 2006 - Finance Department ....Item Description and No. Quantity S ecifications Account Number Unit Price Total 1 1 ` Other Contractual 001 -1500 -514 -3410 $1,329.78 $1,329.78 Services— Consulting Legal TOTAL $1,329.78 Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Char r,e Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Heg-of De admen ' Finance Department City Manager NAGIN GALLOP FIGUEREDOP& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Interim Finance Director December 31, 2005 Adriana Hussein Matter ID: 0022 -001 City of South Miami General Municipal; 6130 Sunset Drive Invoice Number 18179 " City of South Miami, FL 33143 Hours Amount 11/14/2005 NDH Research re: contribution limits for campaign laws. 1.00 200.00 11/15/2005 NDH Continued research re: contribution limits for campaign laws. 1.00 200.00 11/16/2005 NDH Received assignment from Mr. Luis Figueredo re: the proper starting 4.20 840.00 point to measure the 50 feet distance in polling offices, etc. during an election; researched the same; reviewed and prepared documents to Mr. Figueredo; researched and analyzed any available case law re, competitive negotiation; and continued researching contribution limits for campaign laws. 11/29/2005 EAB Analyzed draft resolutions for agenda; attention to pending 1.10 220.00 forfeitures; and telephone conference with Mr. Robert Meyers. 11/30/2005 EAB Telephone conference with Mr. Meyers and coordinated meeting 0.40 80.00 with him; and telephone conference with Ms. Davis regarding copier contract. 11/30/2005 EAB Attended M -D League of Cities attorney's; meeting regarding eminent 2.00 400.00 domaine. 12/2/2005 EAB Attention to S.A. interlocal agreement; analyzed same; email 0.50 100.00 communications with Ms. Rothstein regarding same; and drafted resolution for the interiocal agreement. 12/2/2005 EAB Legal research on concurrency, capacity reservation, and public 3.50 700.00 purpose reservations. 12/5/2005 EAB Attention to inquiry made by vice - mayor Palmer; attention to code 0.40 80.00 enforcement and forfeiture matters. 12/5/2005 NDH Attention to research assignment from Vice -mayor re: lnsuranee, 1.00 200.00 deductibles and bidding on the Abdulla property; e-mail to Vice -mayor re: the same. 12/7)2005 NDH Briefly conferred with Vice -mayor re: new research assignment 0.20 40.00 about deductibles and legislation. 12/8/2005 EAB Follow up with Mr. Robert Meyers; and attention to forfeiture matters. 0.30 60.00 12/8/2005 NDH Conferred with Ms. Boutsis re: independent research for the 0.20 40.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i i Nagin Gallop Figueredo P.A. Matter ID: 0022.001 Statement Number Page:, 2 vice- mayor. 12/9/2005 EAB Meeting with Mr. Figueredo, Mr. Meyers, and Dr. Edward Diaz. 2.50 500.00 12/13/2005 EAB Attention to new forfeiture matter. 0.40 80.00 12/14/2005 EAB Attention to abandoned property inquiry by SM PD; and attention to 0.40 80.00 subpoena inquiry by Ms. Rita Garcia re Kenneth Drummond. 12/15/2005 EAB Telephone conference with chief Orlando Martinez regarding 0.40 80.00 forfeitures; telephone conference with Detective Richard Munoz regarding same. 12/16/2005 EAB Telephone conference with Ms. Lama regarding subpoena; and 0.30 60.00 drafted letter to counsel regarding subpoena. 12/19/2005 LRF Prepared for the city commission agreement. 2.90 580.00 12/19/2005 EAB Telephone conference with Mr. Marco Salizar, counsel in Felici v. 0.30 60.00 Lopez; and email communications with Ms. Lama regarding same. 12/21/2005 EAB Telephone conference with Jeanette Ent izo- Navarro regarding 0.30 60.00 Drummond matter and drafted letter to Ms Rita Garcia regarding subpoena. 12/21/2005 NDH Attention to and drafted pediatric lease agreement. 1.80 860.00 12/22/2005 LRF Prepared opinion letter for lease agreements; responded to the 1.60 320.00 general questions from the staff. 12/22/2005 LRF Reviewed and revised draft lease prepared by Ms. Nakia 0. Henry 0.90 180.00 re: the Pediatric Lease matter. Total Professional Services 5,520.00 Fees Reduced Due to Retainer - 5,520.00 Rate Summary Luis R. 5.40 "Hours at 200.00/hr 1,080.00 Eve A. Boutsis 12.80 Hours at 200.00/hr 2,560.00 Nakia D. Henry 9.40 Hours at 200.00/hr 1,880.00 Total hours: 27.60 Expenses 11/4/2005 Database Legal research 90.86 11/9/2005 Database Legal research 144.83 11/9/2005 Database Legal research 3.05 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -001 Statement Number Page; 3 11/17/2005 Database legal research 151.46 11/18/2005 Database legal research 106.07 11/21/2005_ Mileage 5.76 11/28/2005 Database legal research 103.19 11/28/2005 Database legal research 56.57 11/28/2005 Database legal research 415.10 11/3012005 Parking Charge 1.80 12/2/2005 Mileage 2.88 12/6/2005 Mileage 5.76 12/12/2005 Mileage 2.88 12/13/2005 Mileage 2.88 12/14/2005 Mileage 2.88 12/1512005 Mileage 2.88 12/1612005 Mileage 2.88 12/21/2005 Courier charge 19.79 12/30/2005 Postage Charge for the rnonth of December 2005. 1.66 12/30/2005 7elefacsimile charge for the month of December 2005. 19.00 12/30/2005 Outside copy job 170.10 12/30/2005 Photocopies for the month of December. 17.50 Payment is due upon receipt, Please notify us within 10 stays of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagn Gallop Figueredo P.A. Matter 10: 0022 -001 Statement; Number page: 4 For Professional Services 0,00 For Disbursements incurred 1,329.78 Current Balance: 1,329.78 To be properly credited, please Indicate Invoice Number on your remittance check. Payment is due upon receipt Please notify us within 14 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged If payment is not received within 30 days. ` i South Miami gOUp� t4 � CITY OF SOUTH MIAMI � r N� Z - OFFICE OF THE CITY MANAGER L a ivo INTER- OFFICE MEMORANDUM 2001 To Honorable Mayor, Vice Mayor Date: January 17, 2006 and City Commission e From: Maria V. Davis Agenda Item # City Manager Re. Authorizing the Expenditure of Matching Funds for a Grant From the National Football League RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANTS, AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $50,000 FROM THE CODE ENFORCEMENT SETTLEMENTS ACCOUNT NUMBER 001.0000.219.8210 AS THE CITY'S 50% MATCH FOR A ''GRANT FROM THE NATIONAL, FOOTBALL LEAGUE FOR THE CONSTRUCTION OF A CONCESSION/RESTROOM BUILDING AT SOUTH MIAMI PARK; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: In August 2005, the City, in collaboration with the YMCA of Greater Miami, submitted an application to the National Football League's 2005 Grass Roots Program. This program provides funding for "General Field Support' to non - profit organizations located within the geographic boundaries of NFL teams. The YMCAICity joint application specifically` requested funding to be used for the construction of a concession /restroom building for the new fields at South Miami Park We were recently notified by representatives of the Miami Dolphins organization that the YMCA/City application has been accepted by the NFL for funding in the amount of $50,000.00. The grant program requires matching funds on a dollar for dollar basis. The City recently settled a long standing Code Enforcement Lawsuit' in which we received $150,000 to cover liens levied against a property. It is recommended` that the City's $50,000 match requirement be funded with the recently received settlement dollars in lieu of utilizing cash reserves_ If approved, the funds will be provided from the Code Enforcement Settlements account code 001.0000. 219.8210, which has a current balance of $150,000.' RECOMMENDATION: The Administration recommends approval of this expenditure and adoption of the attached resolution. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANTS, 5 AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMOUNT NOT 6 TO EXCEED $50,000 FROM THE CODE ENFORCEMENT SETTLEMENTS 7 ACCOUNT NUMBER 001 .0000.219.8210 AS THE CITY'S 50 % MATCH FOR 8 A GRANT FROM THE NATIONAL FOOTBALL LEAGUE FOR THE 9 CONSTRUCTION OF A CONCESSIONIRESTROOM BUILDING AT 10 SOUTH MIAMI PARK; PROVIDING AN EFFECTIVE DATE. 12 12 WHEREAS, the City of South Miami and the YMCA of Greater Miami jointly applied 13 for "General Field Support» funding from the National Football League's 2065 Grass Roots 14 Program; and 15 16 WHEREAS, the National Football League has notified the City and the YMCA. that the 17 joint application has been funded in the amount of $50,000.00, and 18 19 WHEREAS, it is in the best interest of the City to provide the necessary matching 20 funding to optimize the funding provided through the NFL Grass Roots Program. 21 22 NOW, THEREFORE, BE IT MOLVED BY THE MAYOR AND CITY COM ISSION 23 OF THE CITY OF SOUTH MIAMI, FLORIDA. THAT: 24 25 Section 1. The City Manager is authorized to disburse an amount not to exceed $50,000 26 as the required dollar for dollar matching funds. 27 28 Section 2 The matching funds will be provided from the Code Enforcement Settlements 29 account number 001 -0000 -219 -8210 that has a current balance of $150,000_00. 30 31 Section 3. This Resolution shall be effective immediately upon adoption. 32 33' PASSED AND ADOPTED this day of 2006. 34 35 APPROVED: ATTEST: 36 37 38 39 CITY CLERK MAYOR 40 41 42 READ AND APPROVED AS TO FORM:; COMMISSION VOTE: 43 Mayor Russell: 44 Vice Mayor Palmer: 45 Commissioner Wiscombe: 46 Commissioner Rirt& Cooper; 47 CITY` ATTORNEY Commissioner Sherar. 48 c: omneft wd swpxA..kewy tw dY ►m $�x a a I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO S BOARDS AND COMMITTEES; APPOINTING SHARON KENDRICK - 6 JOHNSON TO SERVE ON THE COMMUNITY RELATIONS BOARD 7 FOR A TWO YEAR TERM ENDING JANUARY 16, 2008; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and Commission' recognize the important 11 contributions made by those who serve on the various city boards and 12' committees, and wish to appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to appoint Sharon Kendrick- 16 Johnson to serve for a two year term on the Community Relations Board. 17 Appointment shall expire January 16, 2008 or until a successor is duly 18 appointed and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The City Commission hereby appoints Sharon Kendrick- 24 Johnson to the Community Relations Board. 25 26 Section 2. The expiration date of this appointment shall be 27 January 16, %2008'or until' a successor is duly appointed and qualified. 28 29 Section 3. This resolution shall take effect immediately ;upon 30 approval. 31 32 PASSED AND ADOPTED THIS DAY OF 2005 33 34 ATTEST APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 COMMISSION VOTE: 40 Mayor Russell: 41 Vice Mayor Palmer: 42 Commissioner Wiscombe: 43 Commissioner Birts- Cooper: 44 Commissioner Sherar: 45 READ AND APPROVED AS TO FORM: 46 47 48 CITY ATTORNEY 4.0i ti Fvl o,r•i d s tA ^' ' w "•C.:S:Ck^iy.N: JAN ,a 4 200 2001 C /TY OF SOUT AUTTEEAPPL /CAT /ON 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: �l� Ke-A ol r) i(�_ J 0� ,YS © N (Please print) D l 2. Home Address: 1/11 Z ! 1 3. Business Address: 4. Home Phone No. LO(O Business Phone No. %,145 7,7o? ��So•c lJsa � e 5. E -mail Address: - 6. Educalion Background- Ad I S, - s e , es_ o' 7. C om unity Service: C. ! � / te A/" -,N/¢g Gv "'- a b S d OKiless lid ZZA0 'L esl:, nA Z 8. Are you a_registered voter? Yes No 9. Are you a resident of the City? Yes -Z No 10. Do you have a business in the City? Yes �� No 11. Ethnic Origin? White Non - Hispanic jUi ))KAmerican Y His anic American Other 12. I am interested in serving on the following board(s) /committee(s): dot,* r a soaRo� F t choice Second choice l T ' choice Fourth choice I Signature Date J_64,6 Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 j z 4 y i -- ,__..... ,,- - - -*—.�. . ,� .;. . , .6. -,: r -- ,..— ,-=�- ...,.,; — .: .;, v,: `T'^r°��^�•';,�.;, �; , ' .,s:r:�:F .`°,— ,s.T.,r „�;+,—�r,?� -- ,- ;ter.,, ,,...�,. >. South Miami Aid- nmerica c-di 2001 INTER- OFFICE MEMORANDUM CITY CLERK'S OFFICE L,t��Tr: Please be advised of Mayor Russell's intent, with your advice and consent, to appoint at the February 17 2006 City Commission meeting the following individual: 1. Sharon Kendrick- Johnson Community Relations Board If I can be of any further assistance please advise. C: Maria V. Davis, City Manager; J: \xy Documents \boards and committees \Memo city commission Bd'appt.01.17.06.doc i Sou South Miami bcftd � � RBan�aCi�► CITY OF SOUTH MIAMi t OFFICE OF THE CITY MANAGER c O eta INTER-OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor & Date: January 11`, 2006 City Commission a From: Maria V. Davis Agenda Item # City Manager Authorizing a Lease; Agreement with The South Miami Children's Clinic for the Phase I building at Murray Park located at 6701 SW 58 Place ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND SOUTH ''MIAMI PEDIATRIC CLINIC, INC. FOR THE LEASE OF THE PHASE t BUILDING AT MURRAY PARK LOCATED AT 6701 SW 5e PLACE, SOUTH MIAMI, FLORIDA; PROVIDING' FOR`SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE'. BACKGROUND AND ANALYSIS: During the course of discussions with South Miami Hospital CEO Wayne Brackin relating to the variety of contributions that the hospital has made to the City over the past 20 years, the need for a pediatric clinic was identified. This is partly due to the fact that many of our residents feel that the Rosie Lee Wesley Clinic does not adequately serve their health care needs.' As a result, they commute to the Helen Bentley clinic in Coconut Grove. A committee comprised of hospital personnel, health care professionals experienced in developing and managing free clinics, community leaders and City Administration has been meeting on a regular basis to develop the framework and guidelines for the clinic. The clinic will be operated as a not-for-profit, 501:C3 corporation. One of the most important criteria established is to limit service to indigent children residing in the City of South Miami geographic boundary. If approved by the commission, it is anticipated that the clinic will be open with a nurse practitioner by the end of May or beginning of June 2006 to begin community outreach activities and facilitate basic health care services. The goal is to hire a medical director to coordinate physician services by July. This timeline I will coincide with required school' and athletic program physicals. Mr. Brackin successfully engaged the University of Miami and several private donors to fund the day -to-day operation of the clinic; however, a proper location to serve` the community is required I The Phase I building located at Murray Park has been identified as an ideal location. in order to make room for the pediatric clinic within the Phase I building, an alternate location had to be found for the recreation equipment that is presently located in the Phase I building. As you are all aware, the 2005 -06 Community Redevelopment Agency (CRA) budget includes funding for the total renovation of the "Mobley" Building located adjacent to Murray Park. The CRA Board approved the proposed floor plan of the Mobley Building, which included a bay for a recreation room. It is our intent to relocate the existing recreation equipment from the Phase ;I building to one of the bays within the Mobley Building, as was discussed during budget proceedings. This will become the new "Recreation Room" where children will be able to enjoy pool, ping pong, air hockey, foosball" and other table games under the supervision of Recreation Division staff. The open floor plan of the space in the Mobley Building provides a more suitable layout for this equipment as well as unproved supervision by having all of the equipment in one room. The attached lease agreement has been drafted to provide for a children's pediatric clinic within the Phase I building at Murray Park. The facility Will be operated by South Miami Pediatric Clinic, Inc. through funding provided by the hospital, the University of Miami and private donors. There is absolutely no cost to the City. Under the terms of the Lease Agreement, South Miami Pediatric Clinic, Inc. will be responsible for the renovation, maintenance and upkeep of the building, including paying for all utilities. RECOMMENDATION: We recommend that the City Manager be authorized to enter into the Lease Agreement to allow South Miami Pediatric Clinic, Inc. to lease the Phase I building at Murray Park for a period of 10 years. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAIV% FLORIDA, RELATING TO CONTRACTS; 5 APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND 6 SOUTH NIIAIVII PEDIATRIC CLINIC, INC. FOR THE LEASE OF THE 7 PHASE I BUILDING AT MURRAY PARK LOCATED AT 6741 SW 5e 8 PLACE, SOUTH MIAMI, FLORIDA; PROVIDING FOR SEVERABILITY, 9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 10 ll 12 WHEREAS, the Mayor and City Commission have determined that it is in the best 13 interest of the City of South Miami to establish a free pediatric clinic for indigent children 14 residing in South Miami; and 15 16 WHEREAS, as part of the Community Redevelopment Agency's 2005 -06 Budget, 17 funding has been appropriated to convert a portion of the "Mobley" Building adjacent to Murray 18 Park to accommodate the recreation equipment currently in place in the Phase I Building at 19 ` Murray Park, and 20 21 WHEREAS, the Mayor and City Commission desire to enter into a ten -year lease 22 agreement with South Miami Pediatric Clinic, Inc. to operate a free pediatric clinic in the Phase I 23 Building at Murray Park 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 27 28 Section 1. The Lease Agreement between the City of :South Miami and The South 29 Miami Children's Clinic, dated January _ 2006, which is annexed to this ordinance, is 30 approved. 31 32 Section 2. The City Manager is authorized to execute the Lease Agreement on behalf" 33. of the City of South Miami. 34' 35 Section 3. If any ,section, clause, sentence, or phrase of this ordinance is for any 36 reason held invalid or, unconstitutional by a court of competent jurisdiction, the holding shall not 37 affect the validity of the remaining portions of this ordinance. 38 39 Section 4. All ordinances or parts of ordinances' in conflict with the provisions of this 40 ordinance are repealed. 41' 42 Section 5. This ordinance shall take effect immediately upon on enactment. 43 44' PASSED AND ADOPTED this day of January 2006. 45 46 SIGNATURE PAGE TO FOLLOW Ordinance Children's Clinic Lease Page l of 2 I ATTEST: APPROVED: 2 3 4 CITY CLERK MAYOR 5 6 7 1't Reading — 8 Td Reading 9 10 READ AND APPROVED AS TO FORM COMMISSION VOTE: 11 Mayor Russell 12 Vice Mayor Palmer: 13 Commissioner A iscombe: 14 CITY ATTORNEY Commissioner Birts- Cooper: 15 Commissioner Sherar: 16 17 18 19 eADommots wd SeWnpXMkcWy no=nwft%'.d DmemftWk �HwMLweI..r ac Ordinance Children's Clinic Lease Page 2 of 1 2 LEASE AGREEMENT 3 4 5 This Lease Agreement is entered into as of , 2006, by and between The City 6 of South Miami, a political subdivision of the state of Florida ( "Landlord ") and South Miami 7 Pediatric Clinic, Inc., a Florida not - for -profit corporation ("Tenant"). 8 9 Upon the terms and subject to the conditions hereinafter set forth, Landlord leases to 10 Tenant and Tenant leases from Landlord, the real property designated in the attached Exhibit 11 "A" which is located at 6701 SW 58th Place, South Miami, Florida, 33143, and which has a legal 12 description as follows: Larkins Townsite'PB 2 -105 Lots 10 thru 18 Blk I> & Lots 1 thru 9 Blk 8 13 Lot size irregular, together with all existing and future improvements and all appurtenances and 14 privileges, all of which is hereinafter referred to as the "Premises. "' 15 16 Section 1. Lease Term. The lease term shall be 10 years and shall commence on 17 2006,` and terminate on 52016. 18 19 Section 2. Rent. The annual rent for the lease term shall be $1.00, payable in full on 20 the commencement date and on February l of each successive year of the lease. Tenant shall 21 pay the first month's rent to Landlord at the time of the parties' execution of this Lease. 22 23 Section 3. Use of the Premises. Tenant shall exclusively use the Premises to operate 24 a charitable health care clinic, with an emphasis on pediatric care. The Tenant shall operate the 25 health care clinic a minimum of twenty (20) hours per week. The hours of operation will be 26 standardized and conspicuously posted to ensure that South Miami residents are aware of the 27 clinics hour's of operations. Tenant's use shall be in a lawful, careful, safe, and proper manner, 28 and Tenant shall carefully preserve, protect, control and guard the same from damage. Subject to 29 the Landlord's rights and as long as no default shall have occurred and is continuing, Tenant 30 shall peaceably and quietly have, hold, and enjoy each the Property for the applicable term, free 31 of any claim or other action by Tenant with respect to any matters that arise from and after the 32 lease agreement commencement date. 33 34 Section 4. Taxes and Assessments.: Tenant shall pay all real . estate taxes and 35 assessments becoming due and payable with respect to the Premises during the lease term and 36 any extension and all taxes or other charges imposed during the lease term or any extension with 37 respect to any business conducted on the Premises by Tenant or any personal property used by 38 Tenant in connection with the Premises, provided, however, that `Landlord acknowledges that 39 Tenant is a Florida not for -profit corporation and that Tenant shall be eligible for such property 40 and other, tax exemptions as are granted to other not - for -profit corporations providing healthcare 41 services. Taxes, assessments or other charges which Tenant' is obligated' to pay or cause to be 42 paid` hereunder and which relate ` to any fraction of a tax year at the commencement or 43 termination of this Lease shall be prorated. Landlord is entitled to all tax benefits that ordinarily 44 are available to property owners similar to'this property. 45 1 of 10 „ 7 r m= h.. 1 Section 5. Utilities. Tenant shall 'promptly pay or cause to be paid all charges 2 incurred for all utility services furnished to the Premises, including without limitation, telephone 3 service, sanitary sewer, water, natural gas, and electricity. Tenant . shall also pay for all 4 maintenance of all utilities during the lease term and any extension thereof. New services that 5 are not specifically included herein, must be authorized in writing by the Landlord. 6 7 Section 6. Compliance with Laws. If any law, ordinance, order, rule or regulation is 8 passed or enacted by any governmental agency or department having jurisdiction over the 9 Premises or Tenant's use of the same which requires Tenant to modify or alter its operations or 10 use of the Premises, this Lease shall in no way be affected and Tenant shall, at its sole cost and 11 expense, promptly comply with such law, ordinance, order, rule, or regulation. 12 13 Section 7. Maintenance and Repair. ,` Tenant shall, at dwif its sole cost and expense, 14 within a reasonable time, keep and maintain the Premises and incur all renovation expenses. 15 Replacement and repair parts, materials, and equipment used by Tenant to fulfill its obligations 16 hereunder shall be of an equivalent quality to those initially installed within the Premises. When 17 at all possible, new materials shall be used for all maintenance and repair. All repair and 18 maintenance work shall be done in accordance with the then existing federal, state, and local' 19 laws, regulations and ordinances pertaining thereto, which includes permit requirements. Copies 20 of all permits must be provided to the Landlord, immediately' upon issuance. Except as 21 otherwise provided in Sections 12 and 13, below, Landlord shall have no obligation whatsoever 22 with respect to the maintenance and repair of the Premises. 23 24 Section 8. Environmental. Tenant shall not cause or permit any Hazardous Material 25 to be brought upon, kept or used in or about the Premises; by Tenant, ' its agents, employees, 26 contractors or invitees, other than such Hazardous Materials as may be necessary or useful to 27 Tenant's business and will be used, kept' and stored' in a manner that complies with all laws 28 regulating any such Hazardous Material so brought upon or used or kept in or about the 29 Premises. - As used in this Lease, the term "Hazardous Material" means any hazardous or toxic 30 substance, „material or waste which is or becomes regulated by any local governmental' authority, 31 the State of Florida,, or the United States. Tenant is responsible for the costs of any 32 environmental t! esting or remediation work undertaken for this property. 33 34 Section 9. Indemnity and Insurance. In addition to the insurance coverage provided, 35 the Tenant shall hold the City, including its officials,' employees and representatives, harmless 36 and indemnify it against all claims, demands, damages, actions, causes of actions, liability, costs, 37 expenses, and attorney's fees arising out of, or resulting from, injury to or death of persons, or 38 damage to or loss of property, arising from the negligent acts, actions, omissions or failures to 39 act which are riot protected under Federal' law or the Florida Volunteer Protection Act. Except 40 where an y loss; cost, injury or damage is the result of Landlord's sole fault or gross negligence, 41 Landlord shall have no liability for any loss, cost, injury or damage to the Premises, to Tenant or 42 Tenant's employees, agents, licensees, invitees or guests or to any property of such persons. 43 44 At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force and 45 effect, at all times during the lease term and any extension thereof, the following insurance with 46 respect to the Premises.' 2 of 10 1 2 (a) comprehensive public liability insurance having limits of not less than 3 $1,000,000, for bodily injury or death to one person $2,000,000 for bodily 4 injuries or death arising out of one occurrence; 5 6 (b) $400, 000 for property damage; and 7 8 (c) $500, 000 for worker's compensation insurance. 9 10 11 Each insurance policy furnished under this Section 9 shall be issued by a responsible insurance 12 company acceptable to Landlord. Landlord must be given at least 10 days to review and accept 13 the proposed insurance company in writing. The insurance company shall be authorized to do 14 business in Florida, and the insurance coverage may be written under a blanket policy or policies 15'_ obtained by Tenant, which policy or policies may include other real estate owned or leased by 16 Tenant. Landlord shall be named as insured party in each such insurance policy, and each policy 17 shall provide for written notice to Landlord at least 10 days prior to any cancellation,' 18 modification, or lapse thereof. Tenant shall furnish Landlord with memorandum copies of such 19 insurance policies prior to the commencement of the lease term. 20 21 Section 10. Alterations and Improvements. Tenant shall have the right to make, at no 22 expense to Landlord, improvements, alterations, or additions (hereinafter collectively referred to 23 as "Alteration ") to the Premises, whether structural or nonstructural, interior or exterior, 24 provided that: (a) no Alteration shall be made without the prior written consent of 'Landlord,' 25 which consent shall not be unreasonably withheld; (b) no Alteration shall reduce or otherwise 26 impair the value of the Premises; (c) no Alteration shall be commenced until Tenant has first' 27 obtained and paid for all required' permits and authorizations of all governmental authorities' 28 having jurisdiction with respect to such Alteration; (d) any Alteration shall be made in a good 29 workmanlike manner and in compliance with all laws, ordinances, regulations, codes, ' and 30 permits; (e) Tenant shall hold` Landlord harmless from and against any liens and claims for work,' 31 labor, or materials supplied to the Premises at the direction of Tenant, and in the event that any 32 such liens or claims shall be filed for work, labor or materials supplied to the Premises at the 33 direction of Tenant. Tenant shall, at Landlord's option, either escrow an amount equal to the 34 amount of'the lien or claim being filed, or obtain a bond for the protection of Landlord in an 35 amount not less than the amount of the lien or claim being' filed; and (f) any Alteration shall 36 become and remain the property of Landlord unless Landlord :otherwise agrees in writing. 37 38 Section 1' 1. Signs. Tenant shall have the right to install and operate, at its sole cost 39 and expense, any sign or signs on the Premises which shall not be in violation of any law, statute 40 or ordinance, and Tenant shall have the right to remove the same, provided that Tenant must 41 repair any damage to the Premises caused by such removal. 42 43 Section 12. Damage to Premises. If by fire or other casualty the Premises are 44 destroyed or damaged to the extent that Tenant is deprived of occupancy or use of the Premises 45 (meaning such de' struction cannot be repaired or restored within 120 days of the occurrence of 46 the fire or other. casualty), Landlord may elect to: (a) cause the restoration of the Premises to 3 of 10 1 substantially the same condition as existed before such damage or destruction; or (b) cancel this 2 Lease as of the date of such fire or casualty by giving written notice to Tenant not more than 30 3 days thereafter. Should Landlord elect to proceed under (a) Tenant shall fully cooperate with 4 Landlord in making available to Landlord for the purpose of so restoring the Premises all 5 insurance proceeds payable under Section 9 as a result of fire or other casualty damage to the 6 Premises. 7 8 Section 13. Condemnation. If: all or materially all of the 'Premises are taken in 9 appropriation proceedings or by right of eminent domain or by the threat of the same, then this 10 Lease shall terminate as of the date Tenant is deprived or occupancy thereof, and Tenant's 11 obligations under this Lease, except obligations for rent and other ;charges herein to be paid by 12 Tenant up to the date thereof, shall terminate. For purposes of this Lease, "materially all of the 13 Premises" shall be considered as having been taken if the portion of the Premises taken, due 14 either to the area so taken or the location of the portion taken, would leave the remaining portion 15 not so taken insufficient to enable Tenant to effectively operate a charitable health care clinic on 16 the Premises. 17 18 If less than materially all the Premises are taken in appropriation proceedings or by right 19 of eminent domain or by the threat thereof, then this Lease shall not terminate as a result of such 20 taking, but Landlord shall promptly repair and restore the Premises to substantially the same 21 condition as existed immediately before such taking. - Damages awarded for any such taking 22 shall belong to and be the property of Landlord, whether such damages shall be awarded as 23 compensation for diminution in value to the leasehold or to the fee of the Premises, or otherwise, 24 provided, however, that Tenant shall be entitled to any portion of the award made to Tenant for 25 removal and reinstallation of Tenant's fixtures or for the cost of Tenant's immovable fixtures, if 26 any. 27 28 Section 14. Default. If Tenant 'fails to observe and perform any other provision, 29 covenant, or condition of this Lease required under this Lease to be observed and performed by 30 Tenant within 3'0 days after Landlord shall have given notice to Tenant of the failure of Tenant to 31 observe and perform the same, or if Tenant abandons or vacates the Premises during the 32 continuance of this Lease, or if Tenant makes any assignment, including an assignment for the 33 benefit of creditors, or enters into a composition agreement with its creditors, or if the interest of 34 Tenant in the Premises is attached, levied upon, or seized by legal process, or if this Lease is 35 assigned in violation of the terms hereof or is terminated by operation of law, then, in any such 36 event, I immediately or at any I time thereafter, at the option of Landlord, Landlord may term! inate 37 this Lease. 38 39 40 Section 15. Bankruptcy. In the event that a bankruptcy or insolvency proceeding is filed 41 by or against Tenant, or if a court of competent jurisdiction or other governmental authority 42 approves a petition seeking a reorganization, arrangement, composition of other similar relief 43 with respect to Tenant, or appoints a trustee, receiver or liquidator of Tenant, or of all, or 44 substantially all, of Tenant's property or affairs, or assumes custody or control- of all, or 45 substantially all, of the property or affairs of Tenant, Landlord shall have the right to terminate 46 this Lease. 4 of 10 1 . 2 Section 16. Non - Waiver and Right to Cure Defaults. Neither a failure by Landlord to 3 exercise any of its options hereunder, nor a failure to enforce its right or seek its remedies upon 4 any default, nor an acceptance by Landlord of any rent accruing before or after any default, shall 5 affect or constitute a waiver of Landlord's right to exercise such option, to enforce such right, or 6 to seek such remedy with respect to that default or to any prior or subsequent default. The 7 remedies provided in this Lease shall be cumulative and shall not in any way abridge, modify or 8 preclude any other rights or remedies to which Landlord is entitled, either at law or in equity.: 9 10 Section 17. Termination. Any violation of the lease agreement terms, in 11 accordance with the relevant notice requirements, shall constitute grounds for termination. The 12 parties may mutually agree, in writing, to terminate the lease agreement, at any time. Neither the 13 termination of the lease pursuant to this section or section 14 shall relieve Tenant of its liabilities 14 and obligations hereunder, all of which survive any defaults. If a default shall have occurred and 15 is continuing, and whether or not this Lease shall have been terminated pursuant to this section, 16 Tenant shall upon Landlord's demand immediately assign, transfer and set over to Landlord all 17 of Tenant's right, title and interest in this agreement executed by Tenant in connection with 18 development and use or operation of all Properties (including, without limitation, all right, 19 title and interest'` of Tenant with respect to all warranty, performance, .,service and indemnity 20 provisions). 21 22 Section 18. Prohibited Activities. Tenant shall only use the Leased Property for those 23 activities contemplated by this Agreement. Tenant represents and warrants that it will not use 24 the Premises for any unlawful purpose and shall comply with all laws and permitting 25 requirements applicable now, or in the future, to''the operation of the Premises. Tenant shall not 26 permit any offensive, or dangerous' activity, nor any nuisance or other conduct in violation of the 27 public policy of the City, county or state on the approved premises. 28' 29 Section 19. Entry by Landlord. Landlord shall have the right to enter upon the Premises 30 at all reasonable times for the purpose of inspecting the same, and during the last year of the 31 lease term, or any renewal or extension thereof, Landlord may exhibit the same for sale E) rent; 32 provided, however, that Landlord shall not unreasonably interfere with Tenant's use of the 33 Premises. No such entry shall be deemed an eviction of the Tenant. 34 35 Section 20. Assignment, <Subletting, and Subleases. Tenant shall not assign, sublet, 36 sublease, mortgage, pledge, nor encumber this lease, or any of its rights obligations hereunder, in 37 who: le or in part, without the prior written approval of the Landlord, which may granted upon 38 the sole discretion of the Landlord. 39 40 Section 21. Time. Time is of the essence in the performance and observance of each 41 and every term, covenant and condition of this Lease by both Landlord and Tenant. All notice 42 requirements shall be calculated based upon calendar days. 43 44 Section 22. Notices. Any notice, communication, request or other document or 45 demand required or desired to be given to Landlord or Tenant shall be in writing and shall be 46 deemed given: (a) to Tenant when delivered in person to an officer of Tenant or when deposited 5 of 10 q. 1 in the United States mail, first- class, postage prepaid, addressed to Tenant at its address set 'forth 2 below. Either party may, from time to time, change the address at which such written notices, 3 exercised of options or elections, communications, requests, or other documents or demands are 4 to be mailed, by giving the other party written notice of such changed address. 5 6 7 8' 9 IF TO CITY OF SOUTH MIAMI: IF TO TENANT: 10 11 The City of South Miami 12 6130 Sunset Drive 13 South Miami, Florida 33143 14 15 Section 23. Governing Law. This Lease shall be subject to and governed by the laws 16 of the State of Florida even though one or more of the parties may be or may become a resident 17 of a different state. Proper venue is in Miami -Dade County. The prevailing party is entitled to 18 reasonable attorney's fees and costs. 19 20 Section 24. Amendments. No amendment to this Lease shall be valid or binding 21 unless such amendment is in writing, agreed, and executed by the parties hereto. 22 23 Section 25. Captions. The captions of the several sections of the Lease are not a part 24 of the context hereof and shall be ignored in construing this Lease. They are intended only as 25 aids in locating and reading the various provisions hereof. 26 27 Section 26. Severability of Provisions. The invalidity or unenforceability of any 28 particular provision of this Lease shall not affect the other provisions hereof and this Lease shall 29 be construed in all respect as if such invalid or unenforceable provision were omitted. 30 31 Section 27. Construction of this Lease. The parties agree that this Lease; Agreement 32 is a product of all of their efforts, that it expresses their mutual understandings, and that it should 33` not be interpreted in favor of either party or against either of them. 34 35 Section 28. Approval of Landlord. Nothing in this Agreement, shall be construed to 36 waive or limit the City's governmental authority as a municipal corporation and political 37 subdivision of the State of Florida. Where approval or consent of Landlord is required under this 38 Agreement, such consent or approval shall be deemed to refer to the City's consent of approval 39 as a property owner, and such consent of approval shall be contractual in nature and shall not be 40 in lieu of any required governmental approval of the City. 41' 42 Section 29. Holdover. If a Default shall have occurred and is continuing, 43 notwithstanding whether the lease is terminated, pursuant to section 14 and 18, Tenant shall, 44 upon 30 days written notice, surrender to Landlord possession of the premises. Landlord may 45 enter upon and repossess the premises by such means as are available at law or in equity, and 46 may remove Tenant and all other personal property, which includes Tenant's equipment and 6of10 1 personalty, alterations and /or modifications. Landlord shall have no liability by reason of such 2 entry, repossession or removal that is performed in accordance with applicable laws. Upon 3 Landlord's written demand, Tenant shall return the premises immediately to Landlord, in the 4 manner and condition required by, and in accordance with this lease. In addition, if Tenant does 5 not relinquish possession of the property, the Landlord is entitled to seek an injunction before the 6 appropriate court to obtain all costs Landlord has occurred due the holdover, to be immediately 7 paid to the Landlord by the Tenant and require the Tenant to immediately exit the premises. 8 9 Section 30. Force Majeure. Neither party shall have any liability to the other 10 hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or 11 failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, 12 unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national 13 emergency, act of Government, act of public enemy, or other cause of similar or dissimilar 14 nature beyond its control. 15 16 Section 31. Additional Reporting Requirements. Upon the Landlord's 'reasonable 17 request, the Tenant will deliver, or will cause to be delivered to the Landlord: 18 19 (i)' documents relevant to the financial condition or and, to the extent permitted by 20 Federal law, detailed reports regarding the charitable health care services 21 provided to the community. 22 23 Section 32. Non- Discriminatory Practices. In the operation of the charitable 24 health care, clinic, Tenant shall not discriminate in any manner based upon race, color, creed, 25 religion, ancestry, national origin, gender, age, physical /mental handicap or in any other manner. 26 27 Section 33. Warranty of Authority. The signatories to this Agreement warrant that they 28 are duly authorized by action of their respective City; commission, board of directors or other 29 authority to execute this Agreement and to bind the parties to the promises, terms, conditions and 30 warranties contained in this Agreement. 31 32 33 34 IN WITNESS WHEREOF, ,Landlord and Tenant have executed this Lease Agreement as 35 of the date first set forth above. 36 37 Signed and acknowledged LANDLORD: 38 39 Attest For the City: 40 41 42 CITY CLERK` CITY MANAGER 43 44 7of10 South Miami 'Pediatric Clinic, Inc.,: a Florida 2 not-for-profit corporation 3 4 5 By: 6 President 8 of 10 1 2 3 STATE OF FLORIDA ) 4 )SS: 5 COUNTY OF MIAMI -DADS ) 6 7 SWORN TO (or affirmed) and subscribed before me by ( )who 8 is personally known to me,, or (` ) who produced as 9 identification, this day of , 2006: 10 11 12 Notary Public 13 My Commission Expires: Print Name: 14 15 16 STATE OF FLORIDA ) 17 )SS: 18 COUNTY OF MIAMI -DADS ) 19 20 21 SWORN TO (or affirmed) and subscribed before me by , as 22 President of South Miami Pediatric Clinic, Inc., a Florida not- for- profit corporation, who is 23 personally'' known to me, or who produced as identification, 24 this day of 52006. 25 26 27 28 29 Notary Public' 30 Print Name: 34! My Commission Expires: 9 of 10 Sovr South Miami a� �r " CITY OF SOUTH MIAMI to 27 OFFICE OF THE CITY MANAGER INTER - OFFICE: MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor & Date: January /1, 2006 City Commission From: Maria V. Davis L Agenda Item # City Manager S Re_ Collective Bargaining Agreement for AFSCME Bargaining Unit Employees ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER REFERRED TO AS'AFSCME); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: After several months of negotiations between City Administration and the leadership of the American Federation of State, County and Municipal Employees - AFL- CIO/Local 3294, a new three-year collective bargaining agreement has been completed. The new agreement covers fiscal years 2004 -2005, 2005 -2006 and 2006 -2007. This Agreement was ratified by the bargaining unit membership on December 8, 2005. RECOMMENDATION: We recommended that the City Manager be authorized to enter into the attached Collective Bargaining Agreement. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAML FLORIDA, APPROVING AND 5 AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE 6 YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE 7 CITY OF SOUTH MIAMI AND THE AMERICAN FEDERATION OF 8 STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO; LOCAL 9 3294; (HEREINAFTER REFERRED TO AS AFSCME); PROVIDING 10 FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City;Administration and AFSCME have successfully concluded 14 negotiations on a three -year contract, and 15 16 WHEREAS, the City Manager and AFSCME, have reached a three -year Collective 17 Bargaining Agreement effective from 2004 to 2007; and 18 - 19 WHEREAS, the Agreement was ratified by the union rank and file on December 8, 20 2005. Z1 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT. 24 25 Section 1. The Collective Bargaining Agreement for 2004 -2007 between the City of 26 South Miami and AFCSME, which is attached and herein incorporated by reference, is approved 27 and the City Manager is authorized to execute said contract on behalf of the City. 28 29 Section 2. If any section clause, sentence,, or phrase of this resolution is for any reason 30 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 31 the validity of the remaining portions of this resolution 32 33 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 34 ordinance are repealed. 35 36 Section 4. This ordinance shall be effective as of October 1, 2004. 37 38 39 PASSED AND ADOPTED this day of , 2006. 40 41 ATTEST: APPROVED: 42 43 44 CITY CLERK MAYOR 45 46 AFSCNIE Ordinance Page 1 of 2 1 I" Reading Vd Reading 3 4 5 6 READ AND APPROVED AS TO FORM COMMISSION VOTE: 7 Mayor Russell: $ Vice Mayor Palmer: 4 Commissioner Wiscombe: 10 CITY ATTORNEY Commissioner Birts- Cooper: 11 Commissioner Sherar: 12 13 CAD,=mcmU and SettinpXMcke\My Documeflts \Word DocumeatsiordinaaceAFSCM EConhraadoc AFSCl/E Ordinance 'age 2 of 2 TABLE OF CONTENTS ARTICLES PAGE ARTICLE 1 AGREEMENT 4 ARTICLE 2 RECOGNITION 4 ARTICLE 3 MANAGEMENT RIGHTS 4 -5 ARTICLE 4 NON - DISCRIMINATION 6 ARTICLE 5 NO STRIKES OR LOCKOUTS 6 ARTICLE 6 DUES CHECK -OFF 7 ARTICLE T UNION STEWARD 7 ARTICLE 8 MAINTENANCE OF DISCIPLINE 8 ARTICLE 9 ' GRIEVANCE AND ARBITRATION PROCEDURE 8 -11 ARTICLE 10 SICK LEAVE 11 -12 ARTICLE 11 ANNUAL LEAVE 12 -13 ARTICLE 12 FUNERAL LEAVE 13 ARTICLE 13 HOLIDAYS 13-14 ARTICLE 14 HEALTH INSURANCE 14 ARTICLE 15 HEALTH AND SAFETY 14 ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT 15 ARTICLE 17 WAGES 15 ARTICLE 18 LONGEVITY BONUS 15-16 ARTICLE 19 PERFORMANCE EVALUATION 16 ARTICLE 20 CLASSIFICATION APPEAL 17 ARTICLE 24 SERVICES TO THE UNION 17 -18 ARTICLE 22 CALL BACK 18` ARTICLE 23 SEVERABILITY CLAUSE 18 ARTICLE 24 PERSONNEL AND REGULATIONS 18 ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING 18 ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS 19 ARTICLE 27 RULES AND REGULATIONS 19 ARTICLE 28 EMPLOYEE AND UINlON COOPERATION 19' ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE 20 ARTICLE 30 OFF DUTY EMPLOYMENT 20 ARTICLE 31 DRUG AND ALCOHOL TESTING 20 ARTICLE 32 COURT TIME 21 ARTICLE 33 LAYOFF AND RECALL 21 =22 ARTICLE 34 REPRESENTIATION DURING NEGOTIATIONS 22 -23 ARTICLE TABLE OF CONTENTS PAGE ARTICLE 35 EMERGENCIES 23 ARTICLE 36 LABOR MANAGEMENT COMMITTEE 23 ARTICLE 37 PENSION BENEFITS 23-25 ARTICLE 38 WORK IN HIGHER CLASSIFICATION 25 ARTICLE 39 TERM OF AGREEMENT 25-26 ARTICLE 1 AGREEMENT Section 1 This Agreement is entered ` into by the City of South Miami, - hereinafter referred to as the City, and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, hereinafter referred to as the Union. Section 2: It is the purpose and intention of this Agreement to provide for salaries, fringe benefits and other terms and conditions of employment except as otherwise provided by Constitution, Statute, Charter, Ordinance, Administrative Order or Personnel Rules. It is further the intention of this Agreement to prevent interruption of work and - -, interference with the efficient operation of the City of South Miami and to provide an orderly, prompt, peaceful and equitable procedure for the resolution of grievances and the promotion of harmonious relations between the City of South Miami and the Union. Upon ratification, the provisions of this Agreement will supersede Personnel Rules, or Administrative Orders, and/or other rules and regulations in conflict herewith. ARTICLE 2 -RECOGNITION The City hereby recognizes the union as the exclusive bargaining; representative of all regular, full time employees employed as equipment operators, laborers, sanitation engineers and supervisors, custodial workers, parks and grounds workers and supervisors, maintenance workers and supervisors, paint and body workers, building maintenance workers and supervisors, maintenance mechanics and supervisors, carpenters, and motor equipment operators and code enforcement officers employed by the City of South Miami, but excluding all secretarial employees, professional employees, managerial employees, and confidential employees. ARTICLE 3 MANAGEMENT RIGHTS Section 1: The Union recognizes that management: possesses the sole right, duty and responsibility to operate and manage the City and direct the work force; and the rights, authority, and discretion which the City deems necessary to carry out its responsibilities` and missions shall be exercised consistently with these terms. Any tern and condition of employment other than wages and benefits not specifically established or modified by this Agreement shall remain solely with the discretion of the employer to modify, establish or 4 eliminate, provided such are exercised consistently with the provisions of Prevailing Benefits, as provided in the current Personnel Rules and Regulations, adopted September 6, 1977. Section 2: These rights and powers include, but are not limited to the authority to: a. determine the missions and objectives of the City; b. determine the methods, means and number of personnel needed to carry out departmental responsibilities; C. direct the work of the employees, determine the amount and type of work needed, and in accordance with such determination relieve from duty because of lack of funds or lack of work; d. discipline or discharge employees for cause; e: schedule operations and shins; f. introduce new or improved methods, operations and facilities; g. hire, examine, classify, promote,` train, transfer and assign employees; h. schedule and assign overtime work as required; L determine the utilization of technology j. merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City, makes in good business judgment such curtailment or discontinuance advisable; k. contract or subcontract any existing or future work. I. the City will make every effort to notify the union of the contracting out or privatization of service involving; classes within the bargaining unit within i 60 days after the City decides to contract out or privatize services.' The City shall furnish the union a copy of any Request for Proposal (RFP) to contract or privatize services. M. reduce, assign, or cease any existing job covered in the current Personnel Rules and Regulations; n. determine whether and to what extent the work required in its operation shall be performed by the employees covered by this Agreement. 5 ARTICLE 4 NON - DISCRIMINATION Section 1: it is agreed that there shalt be no discrimination against any employee covered by this Agreement, by either the Union or the City because of race, color, sex, age, national origin, religion, disability, membership in the Union, or non- membership in the Union. The parties further'agree that the City may take any and all action in order to fully comply with the Americans with Disabilities Act. Section 2: All employees covered by this Agreement shalt have the right to join the Union as well as the right not to join the Union. Neither the Union nor its members or, agents shall interfere with, restrain, or coerce employees into membership in the Union. The Union and the City shall not discriminate against any employee because of that employee's membership or lack of membership in the Union or by virtue of the employee holding office or not holding office in the Union! ARTICLE 5 NO STRIKES OR LOCKOUTS Section 1: There will be no strikes, work stoppages, picketing while working or while in City uniforms, slowdowns, boycotts, or concerted failure, or refusal to perform assigned work by the employees covered' under this Agreement for any reason whatsoever, and there will be no lockout by the City for the duration of this Agreement. The Union supports the City fully` in maintaining efficient operations. Section 2 It is recognized by the parties: that the City is responsible for and engaged in activities which are the basis of the health and welfare of the citizens of the City and that any violation of this Article would give rise to irreparable damage to the City and the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain immediate injunctive relief. Section 3: Informational picketing is that picketing permitted solely for the ;purpose of conveying to the general public the Unions position in the labor dispute. Section 4: in the event of a strike, work stoppage or interference with the operation and/or accomplishment of the mission of the City, the Union shall promptly and publicly order the employees to return to work and attempt to bring about a prompt resumption of normal operations. ARTICLE 6 DUES CHECK -OFF Section 1: Upon receipt of a lawfully executed written authorization from an employee, the City agrees to deduct the regular Union dues of such employee from his regular pay and remit such deduction to the duly elected Treasurer of the Union within thirty (30) days from the date of deduction. The Union will notify the City in writing thirty (30) days prior to any change in the regular Union dues structure. Section 2 An employee may revoke his/her Union dues deduction in accordance with Florida Law 447.303. Section 3: The Union agrees to indemnify and hold the City and any of its agents or Commission members harmless against any and all claims, suits, :orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 7 UNION STEWARD Section 1: The Union has the right to select an employee from within the Bargaining Unit, as herein defined, to act as Union Steward. The name of the Union Steward and alternate designee shall be certified, in writing, to the City Manager by the Union. It is agreed and understood by the parties to this Agreement, that the Union Steward may, without loss of pay, with prior approval of his supervisor, process grievances. The supervisor's approval shall not be unreasonably withheld. It is agreed to and understood by the parties to this Agreement that there' shall not be more than one (1) Steward and one (1) Alternate Steward within the Bargaining Unit, as herein defined. It is agreed to and understood by the Union that the Union Steward shall process grievances and conduct his/her other duties in such a manner that :does not :,disrupt normal City activities, work production and services. Section 2: Every effort will be made, by both the City of South Miami and the Union, to allow the Union Steward to investigate grievances as rapidly as possible, preferably on the same date as the grievance becomes known, and within at least twenty -four (24) hours. The investigation of a pending grievance or personal contact of the employee during work time by the Union Steward shall not be done without first receiving prior approval from both employees' supervisors. Approval shall not be unreasonably withheld. Section 3: In no event shall the department layoff, discharge, or discriminate against a Steward for action taken In the performance of his/her duty as a Stev:,ard. ARTICLE 8 MAINTENANCE OF DISCIPLINE Section 'I : Whenever it is alleged that an employee has violated any rule, regulation or policy, or upon the discovery of the violation, the employee shall be immediately notified by his/her supervisor of said violation. Every effort shall be made to have an informal discussion with the employee prior to the issuance of any disciplinary action. Section 2: There shall be no Performance Report, Evaluation Statement, or Reprimand placed in an employees personnel folder unless the employee has been given a copy at the same time it is placed in the file. Section 3: All matters, concerning discharge and discipline are to be resolved only in accordance with the procedures set forth below. It is specifically agreed and understood that probationary employees shall have no right to challenge disciplinary action. Section 4:' Employees desirous of contesting disciplinary action may appeal such action through the Rules and Regulations of the Personnel Board. Alternatively, the employee may choose to appeal the discipline as provided in Section Five (5) only one '(1) procedure is applicable. If within five (5) working days of receiving the discipline the employee does not notify the City Manager in writing that the employee is choosing the grievance procedure, then` the Personnel Board procedure will be used. Section 5: If the grievance procedure is chosen, the grievance steps contained in Article X shall be utilized first! employee organization may then appeal any decision of the City Manager by submitting a written request to arbitrate within five (5) working days after receipt of the City Manager's written decision. ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 1 in a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Section 2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his/her grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. 8 Section 3: Grievances shall be presented in the following manner. 1. The employee shall first take up his/her grievance with his immediate supervisor (i.e., supervisor excluded from the Bargaining Unit) within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. This first step (between the employee and his immediate supervisor) shall` be on an informal and oral basis, and may involve the Employee Organization or any other representative of the employee; 2. Any grievance, which cannot be satisfactorily settled with the immediate supervisor, shall be reduced to writing by the employee and shall next be taken up with his Department Head. Such grievance shall be presented to the Department Head, in writing, within ten (10) business days of the deadline date for the completion of step 1. The Department Head shall, within ten '(10) business days after presentation of the grievance (or such longer period of time as is mutually agreed upon), render his decision on the grievance in writing; 3. In the event the employee is not satisfied with the disposition of the grievance in j step 2, he shall have the right to appeal the Department Head's decision to the City Manager, or his designee, within ten (10) business days of the issuance of the Department Head's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee. The employee may also opt to have the representative of the Employee organization to request that the Department Head's decision be reversed or modified. The City Manager, or his designee, shall within ten (10) business days of the appeal (or some longer period as is 'mutually agreed upon) render his decision in writing, with a copy to the Employee Organization. 4: Where a grievance is general in nature in that it applies to a 'number of employees rather than a single employee, or if the grievance is directly between the Employee Organization and the City, such grievance shall be presented in writing directly to the Department Head within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. The grievance shall be signed by ' the aggrieved employees or the President or representative of the Employee Organization. Thereafter, the grievance steall be processed in accordance with the procedures set' forth in step, 2 and step 3. _ 5: Grievances or complaints involy n discharge, suspension, demotion or other disciplinary action invoked by the City, shall be appealable only through the procedures set forth in the Maintenance of Discipline Article IX. 9 j s 6: In the event a grievance processed through the grievance procedure has not been resolved at step 3, either party may request that the grievance be submitted to arbitration within fifteen (15) business days after the City Manager, or his designee, renders a written decision on the grievance. The arbitrator shall be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to furnish a panel of five (5) names from which each party shall have the option of striking two (2) names in alternating fashion, thus leaving the fifth (5th) which will give a neutral or impartial arbitrator. 7: The City and the employee (or the Employee organization) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fait to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement, or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supercede applicable laws in , existence at the time of signing of this Agreement, except to the extent as specifically provided herein. a: Consistent with the provision of the Florida Public Employees Relations Act, Chapter 447, at seig., it is mutually acknowledged and agreed that this collective bargaining agreement shall be administered within the amounts appropriated by the City Commission for funding of the collective' bargaining agreement. Accordingly, and not withstanding any, other provisions of this collective bargaining agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provisions of law, statute, ordinance, resolution, rule or regulation, or provision of this collective bargaining agreement to result in, obligate, or cause the City to have to bear any expense, debt, cost or liability except for the expense of arbitration, by both parties, and the economic benefits; provided by this Agreement, which result directly or indirectly, in the City exceeding the amounts appropria ted and approved by the City Commission for the funding of this collective bargaining . agreement as agreed upon by the 10 parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. 9: Each party shall bear the expense of its own witness (es) and of its own representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any panty desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. 10: The parties shall make their choice of the impartial arbitrator within ten (10) business days after the receipt of the panel from the American Arbitration Association. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award S' hall be final and binding on the parties. 11: No probationary employee shall be entitled to utilize the Personnel Board (or the grievance /arbitration procedure herein) on any matter involving discharge, suspension, demotion or other disciplinary action. ARTICLE 10 SICK LEAVE Section 1: The City agrees to institute a sick leave reimbursement plan, which would reimburse employees for unused sick leave when they retire or resign, in accordance with the following schedule: Date of hire to five (5) years of service ............................. ............................0 %0 Five (5) years to ten (10) years of service.......... ....... ...........................25 %` Ten (10) years to fifteen (15) years of service ..........' ....... ............................50% Fifteen (15) to twenty (20) years of service. . .. ... .. .75% Over twenty (20) years of service .... ............................... ...........................100% Section 2: Sick Ieave is a protection to be used by employees when needed for illness. Sick leave is not a benefit to be used at the employee's discretion as though it were. annual leave; rather, sick leave is a privilege, which shall be allowed only in a case of illness. The employee must specifically request sick leave -use. Section 3: Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout. 1i ,- �-F,� _ .. - -�•�, ,ate �: ;._��.T �, Section 4 Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. ` Nevertheless, the sick leave payout will be governed by section 3 of this Article. Section 5: All current employees, as of October 1, 1995, will retain current payout provision upon termination of employment and will have no cap on sick accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "no -cap" maximum on sick leave accrual. All employees who have attained a sick leave balance of a minimum of 36 days`' (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual unused sick leave balance in excess of 288 hours to vacation leave. An employee who uses in excess of 32 fours of sick leave during a one -year period will not be eligible for this benefit. Section 6: Effective -October 1, 2001, employees covered under this Agreement shall be eligible to receive an additional day off for not using sick leave during that calendar year. ARTICLE 11 ANNUAL LEAVE Section 1 Employees shall earn and receive annual leave at their respective classified rate of pay in accordance with the following schedule: Years of Uninterrupted Service Amount of Vacation Leave One to five years inclusive 12 working days Six to fourteen years inclusive 15 working days Fifteen to nineteen years inclusive 18 working days Twenty years and over 21 working days Section 2: No vacation pay shall be allowed until an employee has worked at least one (1) continuous 12 month period. At the end of the 12 -month period, the: shall be entitled to twelve (12) working days. Section 3: It shall be mandatory for each employee to use all earned vacation time each year, on or before his next anniversary date. Everything over that will be cancelled. Under exceptional circumstances and upon written request within the year in which the vacation is due, and with the approval of the City manager, vacation time may be extended for one year only. Section 4: Vacation leave may be taken to the extent that it is earned by an employee, only with the prior approval of the department head, upon written application by the employee in advance, and at the convenience of the City. 12 Section 5: Any earned and credited vacation leave to the credit of an employee when terminating employment with the city will be paid pro -rata at the employees current rate of pay with the last paycheck received. Section 6: Any employee covered by this Agreement who has over twenty years of uninterrupted service shall accumulate one additional day of annual leave per year of service. ARTICLE 12 FUNERAL LEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a maximum of four (4) work days in the event of a death in the employee's family. Two (2) additional days of leave may be granted if travel is out of state. 2. The immediate family shall be defined as wife or husband, domestic partner, grandparents, parents, children, grandchildren, brothers, sisters, father -in -law, mother -in -laws, brother-in- law and sister4n -law. 3. Proof of death in the immediate' family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. ARTICLE 13' HOLIDAYS Paid Holidays are: January 1 New Years Day 3rd Monday in January Martin Luther King Day 3'd Monday in February Presidents Day Last Monday in May Memorial Day July 4 Independence Day 1 st Monday in September Labor Day November 11 Veteran's Day Last Thursday in November Thanksgiving Day Friday following Thanksgiving Day 1/2 December 24 Christmas Eve December 25 ' ` Christmas Birthday . After one year of service Floating holiday After one year of service When a' holiday falls on a regularly assigned day off for an employee, such employee shall be compensated by another day off. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the proceeding Friday shall be observed Each employee shall be entitled to a day, off, with pay, for his birthday each year, following one year of continuous employment. The day off is to be taken within a reasonable 13 .� . time and will be_determined by the supervisor and employee. Approval /denial of the requested day off shall not he made in an arbitrary and capricious mariner_ Each employee shall be entitled to a day off, with pay, as a floating holiday each year, following one year of continuous employment. The supervisor must approve the day off. In order to be eligible for holiday pay, the employee must work the scheduled workday before and the scheduled workday after the holiday. ARTICLE 14 HEALTH INSURANCE The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health Insurance will pay the difference between the two plans. The City will also continue the current levels of ` coverage for dental, life and disability insurance. The employee agrees to pay for 100 % of dependent coverage for health and dental insurance. ARTICLE 15 HEALTH AND SAFETY Section 1: The parties agree that it is in the best interests of the City and its employees to provide safe and sanitary working conditions. The City and the Union insist on the observation of safe rules and safe procedures by employees. Failure of employees to comply may result in disciplinary action. If an employee believes he is being required to work under life threatening unsafe conditions or in a situation where a serious safety violation exists, he shall immediately notify his supervisor who will investigate the condition and take appropriate action, if necessary. Section 2: Safe Driving Awards. Any employee covered by this Agreement who drives or operates motor equipment twenty -five percent of the time in the performance of their duties shall` be eligible to receive a safe driving certificate and ` a $25 bonus in ' December if the following criteria is met: Must have no preventable accidents/violations or chargeable accidents within that calendar year. Employees shall be held accountable for accidents that are found to be preventable. The City Manager or designee shall determine whether accidents were preventable. Section 3: An employee shall receive a copy of the on the Job Injury Report after the report has been read to the employee and after the employee has signed the report. Neither the City, Union nor any individual employee refuse to report an injury nor dissuade an employee from reporting an injury. 14 of , ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT Section 1: Safety Equipment. Employees of the Public Works Department shall be issued two (2) pairs of safety shoes per man for use at work each year. In addition to safety shoes, the following safety equipment shall also be used by unit employees: safety; gloves, eye goggles, safety vests, life vests (boat), hard hats, safety harnesses, and safety belts (vehicle). Employees who sign for and receive safety equipment shall use it in a safe manner,, as directed by the Public Works Director. Employees are responsible for using safety equipment properly. if an injury occurs because an employee did not use safety equipment properly, the employee may be disciplined. Section 2 Uniforms: Each employee shall receive four (4) pair of pants, ten (10) work shirts, per person each year: Section 3: Gloves: Each employee shall receive two (2) pairs of gloves per year. In extreme circumstances, the Public Works Director will determine if the employee, requires an additional pair during the year. Section 4 The City shall issue a jacket of quality comparable to that used by the Police Department to each employee covered by this Agreement. f=urthermore, safety shoes will be replaced as necessary to maintain safety` standards of the Department. ARTICLE 17 WAGES All bargaining unit employees who are employed in positions covered by the unit on the date this Agreement is ratified by the City Commission shall receive the following: Year COLA 14/01/04 2.00 10/01/05 2.50 10/01/06 3.00 Effective upon ratification of this Agreement by the parties, bargaining unit employees shall receive a one time only $500 stipend, not added to base pay and not pensionable. I ARTICLE 18 LONGEVITY BONUS Employees covered by this Agreement with 10 years of continuous satisfactory full time service shall receive a longevity bonus of 3% of the employee's base salary on their anniversary date (Longevity 1). After 15 years of continuous satisfactory full time service an 15 additional 3% will be compounded (Longevity 2). lifter 20 years of continuous satisfactory full time service an additional 31% will be compounded (Longevity 3). After 25 years of continuous service with the City, all bargaining unit employees who are employed in positions covered by this unit shall receive an additional longevity step, which is 3% of their salary compounded (Longevity 4). ARTICLE 19 PERFORMANCE EVALUATION During the term of this Agreement, all employees shall be evaluated on their anniversary date (or as close thereto as possible it is understood and agreed that no employee covered hereunder shall receive a merit wage adjustment; which would bring him above the top of the salary range in his/her job classification. All newly hired employees will have a one year probationary period. Should an employee covered hereunder reach the top of the salary range in his job classification, he shall be "red - lined" and shall not be eligible for a merit increase. Ail employees who are eligible to receive a merit increase (i.e., who are not at the top; step of their classification) and who receive a satisfactory (or above) evaluation on their anniversary date shall receive a merit increase of five percent (one - step). Any employee receiving an overall evaluation of improvement needed or unsatisfactory shall not, at that time, receive a merit increase. Said employee shall be reevaluated within no more than ninety (90) days from the first evaluation. If the employee is found to be satisfactory at that time, the employee shall receive the merit increase as of the date of the second evaluation. All newly hired employees will be given an interim evaluation after six (6) months. The anniversary date for future evaluations shall be changed to the date of the second evaluation. In the event that the employee remains unsatisfactory after the second evaluation, the City Manager may take such further action, as it deems appropriate to,improve the' evaluation,' in the event that an employee is dissatisfied with a below satisfactory evaluation, the employee may, within five (5) working days of receiving his evaluation, file a written appeal to the City Manager. The City Manager shall hold' a meeting,, with the employee and a union representative if desired anal shall thereafter issue his decision. The City Manager's decision shall be Tina! and binding and, shall not be subject to review. i 16 ARTICLE 20 CLASSIFICATION APPEAL Section 1: Whenever an employee has reason to believe that he /she is misclassified, he /she may apply for a review of his/her classification by submitting such a request in writing to his/her department head. The request shall include proposed job description. Within 20 calendar days of receipt of the request, the department head shall forward the request, with any comments that the department head wishes to make, to the City Manager: Section 2: Within <30 days of receipt of the request for "reclassification, the City Manager shall meet with the employee (and, if the employee ` requests, a representative of his/her choosing). At the meeting, the employee may produce any documents to support his/her request for reclassification. Within 30 calendar days of such meeting, the City Manager shall render his decision in writing. Section 3: If the City Manager determines that an employee is misclassified, the employee shall be placed in a current appropriate ` classification (as determined by the City Manager), unless the City Manager determines that there is no existing appropriate classification. In such cases, the City Manager shall recommend to the City Commission that a new classification, job description, and pay range be adopted. In the event that a request for reclassification is granted, the employee shall receive the new compensation ;beginning with the date' of the City Manager's decision. Section 4: The City Manager's decision shall be final and is not grievable. Section' 5: Employees may not submit a request for reclassification more than once every twelve (12) months. ARTICLE 21 SERVICES TO THE UNION Section 1: The City agrees to furnish the Union, once a year, one copy of the following regarding employees in the bargaining unit: a) Names, addresses, classifications, and social security numbers; and b) List of employees by occupation. Section 2: The City will furnish the Union with sufficient bulletin board space for up to four (4) Union notices, size 8-1/2 X 14 at the following two (2) locations: Public Works and the employee lounge. It is intended for the purpose of interpretation that the bulletin boards shall be provided primarily for employee information and internal communications and not for the 17 :.V ,71 primary purpose of communicating with the general public. The Public Works Director must first approve anything that the Union wishes to post on the bulletin board_ ARTICLE 22 CALL BACK Employees called back to work shall be guaranteed a minimum of three (3) hours pay, of which shall be considered hours worked for the purpose of determining overtime compensation, providing such work does not immediately precede or "immediately extend the employees regularly assigned work shift. ARTICLE 23 SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement, or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE 24 PERSONNEL RULES AND REGULATIONS The Personnel Rules and Regulations of the City of South Miami as published in the City's Handbook dated and revised September 6, 1977 are hereby incorporated into this contract in its entirety. ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING Section 1: It is agreed and understood that this Agreement constitutes the complete understanding between the parties, concluding all collective bargaining during its term, except as may otherwise be specifically provided herein. The entire Agreement may be reopened for negotiations in the event any portion of it is not approved by the City Commission of South Miami, or funds are not available for its implementation. Section 2: It is understood and agreed that if any part of this Agreement is in conflict with mandatory Federal or State Laws or mandatory provisions of the City Charter or Ordinances, such parts shall be re- negotiated and the appropriate mandatory provisions shall prevail. I8 ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen or renegotiate this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters, which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. ARTICLE 27 RULES AND REGULATIONS Section 1: It is agreed and understood that the City has Rules and Regulations governing employment. Said Rules and Regulations shall be formulated, amended, revised and implemented in the sole and exclusive discretion of the City, provided, however, that said new, 'amended, revised, and implemented rules or regulations will be neither arbitrary nor capricious. Section 2: The City shall provide a copy of any new rule or regulation, as well as any amendment or revision to a rule or regulation to the Union. Said rules or regulations will be provided prior to their effective date, if possible. As provided in Section 1, the Rules and Regulations will be formulated, amended, revised and implemented in the sole and exclusive discretion of the City. However, the Union may submit a written request to bargain over the impact of the new and /or revised rule or regulation within fourteen (14) calendar days from receipt of the rule or regulation. The City agrees that it will immediately participate in requested impact bargaining, provided that the effective date of the and /or revised rule or regulation will not be delayed until after the complication of impact bargaining. ARTICLE 23 EMPLOYEE AND UNION COOPERATION The Union agrees that it and all of the members of the bargaining unit will, at all times, work in the best interests of the City and further, will perform efficient work and put forth their best efforts toward obtaining lowest possible operating' costs' to protect the properties and serve the best interests of the City and its residents. ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE If an employee abuses vehicles or equipment, the employee will be subject to discipline in accordance with the Discipline policy. ARTICLE 30 OFF DUTY EMPLOYMENT Employees shall be permitted to work off duty jobs with the prior approval of the City Manager. Off duty jobs that have hours that conflict with the employee's regular; shift, that present conflicts of interest, etc. ;shall not be approved. However, approval of off -duty employment shall not be unreasonably withheld. ARTICLE 31 DRUG AND ALCOHOL TESTING Section- 1: The City and the Union recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testing. Section 2: Using, selling, possessing or being under the influence of drugs or controlled substances while at work is prohibited.' Employees are further prohibited from consuming alcohol and drugs on duty and/or abusing alcohol and drugs off duty to the extent that such use and /or abuse tends to have an effect upon the performance of their job functions. Section 3: The City may require any employee to submit to a blood analysis, urine analysis, and/or intoxalyzer, when it !,has a reasonable suspicion that an employee is under the influence of or using alcohol, 'drugs' or narcotics and/or when an employee is involved in an accident (i.e, automobile or other injury). Section 4: All bargaining unit employees covered by this Agreement have agreed to submit to random drug tests. Employees will be selected at random and without prior notification for alcohol and drug testing. Random drug testing may occur not more than twice per employee per year. Section 5 The parties agree that an employees refusal to submit to ,drag or alcohol testing in accordance with the provision of this Article may result in disciplinary action being taken against the employee up to and including dismissal: Section 6 At the conclusion of the drug and alcohol testing, the City may take whatever action, if any, it deems appropriate. In the event that said action is in the form of 20 w F. .. discipline, the employee may grieve said disciplinary action through the contractual grievance /arbitration procedure. Section 7: It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and Work Rules implemented on March 1, 2004. ARTICLE 32 COURT TIME Any employee who is subpoenaed to testify at a court trial in a matter arising out of the performance of his/her official job duties, or who is required to serve on a State of Florida or federal court jury, will be paid his/her straight time rate for each scheduled work day lost, minus any compensation received from the court or witness fees. Employees released by the court shall report back' to work, unless they are relieved within two (2) hours of the end of the employee's shift. Upon return to work, employees shall furnish evidence of time release to the Finance Department. ARTICLE 33 LAYOFF AND RECALL Section 1: A layoff shall be deemed to have occurred when the City, within its sole discretion, announces that it is laying off employees for lack of work, or lack of funds. Section 2: The City agrees to notify the Union of the names of employees being laid- off at the same time notice is provided to the affected employees or immediately thereafter. Section 3: Employees to be laid off shall be given at least fourteen (14) calendar days notice of the layoff, or shall be given wages in lieu of notice, or a combination thereof. Section 4: The City Manager or his designee shall' designate the job classifications in which the layoffs shall occur and the number of employees within each classification to be laid off. Employees shall be laid off < by job classification and, within each classification, by bargaining unit seniority. However, no regular employee shall be separated from his/her classification while there are emergency, provisional, probationary, or temporary employees in the classification in which the layoff(s) is occurring. Section 5: Any employee covered by this Agreement who is affected' by a layoff shall have the right to displace any employee with less bargaining unit seniority in any lower rated classification covered by this Agreement, provided that said employee is immediately qualified to perform the necessary services' to be performed in that lower rated classification. The City manager and/or Department Director shall determine lower rated classifications and whether 21 a � e _d..s ?:, ' .�t�b F'F_ 'f aF°✓ marr� -'3 the affected employee is immediately qualified to perform the necessary services to be performed in that lower rated classification. Such determinations shall be made in the sole discretion of the City Manager and/or Department Director and shall be final and binding. When an employee elects to "bump" into a lower rated classification, said employee will be paid the rate of pay of that lower rated classification. Section 6: Employees who have been laid off will have the recall rights specified in this section for a period of time not to exceed twelve (12) months. (A) Employees shall be recalled according to bargaining unit seniority into the classification from which the employee was laid off or into a lower rated classification covered by this Agreement, provided that the employee is immediately qualified ' to perform the necessary services to be performed in the employees classification or in the _lower rated classification. Determinations as to lower rated classifications and qualifications to perform necessary services S '; hall be made in the same manner as set forth in section 5 (above). All employees who are recalled shall be required to pass a physical examination and a drug test. (B) Employees on layoff shall be responsible to keep on file with the City Manager's office the employee's current address. If an employee on layoff fails to keep his/her current address on file as provided herein, the employee shall forfeit all recall rights. Employees entitled to recall shall be notified of a vacancy by certified mail not less than seven (7) calendar days prior to the date the employee is to report to work. A copy of the retail notice shall be sent to the Union. A recalled' employee shall be considered to have voluntarily resigned if he /she fails to accept employment within fourteen (14) calendai days after the notification. is mailed by the City or fails to report to work as instructed. Thereafter, the provisions of this Agreement notwithstanding, the City will owe no further obligation to the employee. Section 7: An employee on layoff status does not accrue seniority' but does retain' his/her accumulated seniority until recall. If recalled, the 'employee again begins to accrue seniority. ARTICLE 34 REPRESENTATION DURING` NEGOTIATIONS Section 1: The bargaining team for each party shall consist of not more than four (4) persons. The Union will furnish the City with a written list of its bargaining team prior to the first negotiation meeting. 22 -� = Section 2: Prior to the first negotiation meeting, the Union shall designate up to two (2) unit employees who will be paid their regular rate of pay for attending negotiations during work hours. Such pay shall not exceed twenty (20) hours in each fiscal year. ARTICLE 35 EMERGENCIES Section 1: The City Manager shall have the right, in his sole and exclusive discretion, to determine if and to what extent an emergency situation exists with respect to City property andior to the citizens of the City. immediately after making such determination, the City Manager's office shall notify the Union of the decision, arid, to the extent possible, the length of time the emergency condition is expected to continue. Section 2: Curing the declared emergency, all provisions of this Agreement may be suspended. Any provision so suspended will be reinstated upon order of the City Manager after the emergency has ended. Section 3: Disputes concerning the Agreement arising during the declared emergency shalt not be subject to the 'grievance and arbitration procedure' except disputes concerning salary and wages. ARTICLE 36 LABOR- MANAGEMENT COMMITTEE There shall be a Labor- Management` Committee, consisting of no more than two management representatives designated by the City Manager and no more than two bargaining unit employees appointed by the President of the Union. The Labor-Management Committee shall meet as mutually agreed upon by the participants, but not less than quarterly. The sole function of the Committee shall be to discuss general matters pertaining to employee relations (e.g., safety issues). Thus, the parties agree that the purpose of the Committee shall not be to discuss grievances or, matters' which have been the subject of collective bargaining. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. ARTICLE 37 PENSION BENEFITS Section 1. The parties will form a joint Pension Committee to study the current pension plan for bargaining unit employees and to suggest amendments, if any, to the City Commission 23 for consideration regarding changes to said ;plan. The parries may appoint up to three members each to the ` Committee however, one of the City's members shall be the City Manager and one of the Union's members shall be the Staff Representative from AFSCME Florida Council 79. If the parties are not able to reach agreement on recommendations to the City Commission, both sides of the Committee may issue separate recommendations. ' The recommendations are not binding on the City Commission. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. Section 2: The following changes in the pension are as follows a Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.6 t61.8%. b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 1.8 to 2.0 % c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.0 to 2.25 %. d. Effective October 1, 1998, the benefit accrual rate ( muttiplier) shall be increased from' rom, 2.25 to 2.5 %. e. 'Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased from 2.5 to 2.75%. Section 3: All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement shall receive the following pension plan improvements: a. The pension multiplier shall be increased to 2.125 % effective October 1, 2000, for all bargaining unit members, as part of pension plan improvements, from their pension participation date through September 30, 1996, b. The pension multiplier shall be increased to 2.250 % effective October 1, 2001, for all bargaining unit members as part of pension plan improvements, from their participation date through September 30, 1`997 c. The pension multiplier shall be increased to 2.50 % effective October 1, 2002, for all bargaining unit members as part' of the pension plan improvements, from their participation date through September 30, 1998. d. For the first year of this collective bargaining agreement, the employee contribution to the retirement plan will be 7 %. Upon commencement of the second year of the collective bargaining 'agreement and thereafter, should the total 24 contribution be actuariaily determined to exceed 14 %, both the _City ` and the employees will share equally the excess amount (e.g., should the total contribution be actuarially determined to be 16 %, the City shall contribute a total of 8.00% and the employees shall contribute a total of 8.00 %). ARTICLE 3$ WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department Head to temporarily assume the duties of a higher pay status classification for three (3) consecutive work days will receive the pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is higher) for all consecutive hours worked in the higher classification after the above- referenced three (3) consecutive work ;days. ARTICLE 39 TERM uF t�rctEME dT AND REOPENING H I Section 1: This Agreement, having been ratified b the City Commission of the City of �. 9 9 Y Y Y South Miami and Local 3294, American Federation of State, County, and Municipal Employees, AFL -CIO, shall be operative and effective as of its date of execution, and shall continue until September 30, 200_ Se_ ction 2: Either party may require, by written notice to the other, between April 1 st and not later than June 1 st discussions concerning modifications of this Agreement on non - financial issues, one issue chosen by the Union, and one issue chosen by the City. If neither party shall submit such written notice during the indicated period, this Agreement shall automatically be renewed, in its entirety, for the following fiscal years thereafter. THIS AGREEMENT signed this day of 2005. AMERICAN FEDERATION OF STATE, CITY OF SOUTH MIAMI LOCAL 3294 By: Date: Maria V Davis, City Manager By Date: John Maresca, AFSCME Staff Representative By: By Doug Baker, Union President George Greene, Treasurer Attest: Date: City Clerk 25 "n�Tn.,. CITY OF SOUTH MIAMI CITY COMMISSION By: Cate: Mary Scott Russell, Mayor By: Gate: Velma Palmer, Vice Mayor By: Date: Marie Birts- Cooper, Commissioner By: Date: Randy G Wiscombe, Commissioner By: Date: Craig Z Sherar, Commissioner 4 Attest: City Clerk r f I! 26 c'i�',a„.'%'^", ,,'es; — ,- �-- .-- �i�^y°k` �, �?:.� Hn�-•r., .r - . �";s�,�a. _ o f , ,� ,....�. 3. ;�'.� ^',�T^l�c" �." t�t,�E,� MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF'MIAMI -DADE: Before the undersigned authority personally appeared 0. V. FERBEYRE, who on oath says`that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement' of Notice in the matter of CITY OF SOUTH MIAMI NOTICE TO PUBLIC HEARING - JANUARY 17, 2006' in the XXXX Court, was published in said newspaper in the issues of 01/06/2006 Affiant further says that the said Miami Daily Business Review is ainewspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County,' Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither, paid nor promised any person, firm or corporation any discount, rate, commission or refund for the purpose of securing Vs adverti e o publication in the said newspaper Sworn to and subscribed before me this 06 d NUARY 2006 G (SEAL) Gov ft. Maria 1 Mesa O. V. FERBEYRE personally I my Commission DD293855 me otr Expires march 04, 2 098 7 -- as € -,.r-- ,r'�€,- ,,.� -. ."�;+.; ._c�,wr�?€,,?a'. ,, --t- mag.,., �s,-=:;�•, ^.,°,-- o� sdury.� South Miami EY 7 � r ,H. • CITY OF SOUTH MIAMI 1927 OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2 001 To: Honorable Mayor, Vice Mayor and Date: January /T 2006 Members of the City Commission 1 From: Maria V. Davis C Agenda Item # 91 City Manager Re: PBA Collective Bargaining Agreement ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association and the City of South Miami for fiscal years 2004 -2005, 2005 -2006 and 2006. -2007. This Agreement was ratified by the unit on June 23, 2005. The Agreement was presented to the Commission and approved via resolution at the July 19, 2005 Commission meeting. It is being brought back to the City Commission as an ordinance because at the December 20, 2005 ` Commission meeting staff was informed that multi -year contracts must be adopted as ordinances, not resolutions, RECOMMENDATION: Since the Collective Bargaining Agreement has already been executed by the City Manager 'based upon approval of the resolution, it is requested that this ordinance be approved'. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND 'CITY COMMISSION OF THE 4 CITY OF SOUTH MIAl % FLORIDA, APPROVING AND AUTHORIZING 5 THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE 6 BARGAINING AGREEMENT BETWEEN THE M1AMI -DADE COUNTY 7 POLICE BENEVOLENT ASSOCIATION AND '" THE CITY OF SOUTH AIIAMI; PROVIDING FOR SEVERABI LITY, ORDINANCES IN 9 CONFLICT AND AN EFFECTIVE DATE. 10 11 WHEREAS, the Mayor and City Commission of the city of South Miami seek to provide 12 the highest levels of law enforcement protection and services for the citizens, residents, businesses 13 and visitors of the City of South Miami; and 14 15 WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police 16 Benevolent Association (PBA), representing the sworn officers of the South Miami Police 17 Department, is an integral component of this effort; and 18 19 WHEREAS, the City Administration and the PBA have successfully concluded 20 negotiations on a new three -year contract which achieves these objectives; and 21 22 WHF�REAS, the PBA has ratified the proposed contract. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 26 27 Section 1. The Collective Bargaining Agreement for 20042007 between the Miami- 28 Dade County Police Benevolent Association and the City of South Miami, which is attached and 29 herein incorporated by reference, is approved and the City Manager is authorized to execute said 30 contract on behalf of the City; 31 32 Section 2. 1f any section, clause, sentence, or phrase of this resolution is for any reason 33 held invalid' or unconstitutional by a court of competent jurisdiction, the holding shall not affect the 34 validity of the remaining portions of this resolution. 35 36 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 37 ordinance are repealed. 38 39 Section 4. This ordinance shall be effective as of July 19, 2005. 40 41 PASSED AND ADOPTED this day of , 2006. 42 43 ATTEST: APPROVED: 44 45 46 CITY CLERK MAYOR 47 PBA Ordinance Page I of .,, . . .. T -_ .n..^ r... �— „.,rm-r.?'.s- 'cam -:gym- ,,,. ,•.- ,--•rry y "�'"r' a"�i,a °i'I+'s'+'F„ €”. ,F .'cam'.!-- xf"."r� -..'^°.�, "�,'i'�''�„5 r 1 Is' Reading 2 2 d Reading 3 4 5 READ AND APPROVED AS TO FORM COMMISSION VOTE: 6 Mayor Russell: 7 Vice Mayor Palmer: $ Commissioner Wiscombe: 9 CITY ATTORNEY Commissioner Birts- Cooper. 10 - Commissioner Sherar: �1 12 C:oocu .0 and seainp\Ad k.\My Do....t.\w..d D..entslordin .pBAAg....t.d. !I ! PBA Orditmce Page 2 of 2 r , CITY OFrOU H M1 MI�" NOTICE OF PUBLIC IiIEARINU � I, MIAMI DAILY BUSINESS REVIEW � � he C-1 F NOTICE IS HEREBY given That the Ctty Co�tmission of the fit of South Published Deily except Saturday, Sunday and Miami Florida will conduct PLbhc Hearin at is re ufarC Commission !� 9 Legal Holidays meeting sc}tedule'd foi Tuesday January i 4� beginn ng at 7 30=p m Miami, Miami -Dade County, Florida m the Ctiy Comrrusston Chambers Bi30 Sunset rive to considerj -h following items 4� } STATE OF FLORIDA x COUNTY OF MIAMI- DADE:� AN ORDINANCE�,OFIE 1ulAYORIIDCIIYOMMISSION# OF t HE CITY, OF S OUTj-IMI%1MI FLORID; APPROVING #4ND Before the undersigned authority personally appeared AUTHORIZING THE #CANAGERfiO XECUTE Ak{REE ' O. V. FERBEYRE, who on oath says that he or she is the YEAR COLLECTI�/EAAINING AGREEMENT t3ETWEEI SUPERVISOR, Legal Notices of the Miami Daily Business THE iCITY30F. SOUTH I I AND AMERICAN FEDERA bI I Review f /k/a Miami Review, a daily (except Saturday, Sunday QFTWTE,,OUNT�f ��11 MUNICIPAL EMPLOYEES AFL and Legal Holidays), newspaper, published at Miami in Miami -Dade CIO NLOOAL 329 (HEREINAFTER REFERRED 10 �15� County, Florida; that the attached copy of advertisement, AFSCMiE�tOVIDING QR tSEVERABILITY 1?ROUIDING r being a Legal Advertisement of Notice in the matter of FOR %ORDIh1ANCES �N CONFLICT,g D P OVIDING N a EFFECTIVE DATE" r AN OF�,pit V CE OFjTHE MAYOR }1ND CITY OOf IRAISSION r j 1, CITY OF SOUTH MIAMI OF THE CITyOFSOIJTftMI�MI, FLORIDA APP,RQVINGND NOTICE TO PUBLIC HEARING JANUARY 17, 2006 AUTHORIZING THECITYMANAGERTOEXECUTEATkiREE 9 YEAR COLrECTlVE BARGAININ AG EEMENIBETWI =EN t T' in the XXXX Court, THE= MIAMI DADS A QUNTX�'OL CIE $ENEVOCENT t was published in said newspaper in the issues of ASSQCIATIQN AND TFE CITY OFSOUTH MIAMI J. PROVIDING 'FQR $E�{EFIABILITY�ROVIDING�FOA 01/06/2006 ORDI,f+�ANCES IN CONFLICT} AI�D.PROVIDING AN Affiant further says that the said Miami Daily Business AN QRDINANCE OF 7t lE MAYOR AND CITY C ©MMISSION Review is a newspaper published at Miami in said Miami -Dade OF THE CITY OF SOUTH MIAMI' FLORIDA APPROVING ANDS ' AUTHORIZINGIE CITY MANAGER TO EXECUTE ATHREE County, Florida and that the said newspaper has YEAR'- COLLECTl1%E BARGAINING AGREEMENT BETWEENs heretofore been continuously published in said Miami -Dade County, THEE MIAMIDADECQUtVTY POUCEt"BENEVOLENT Florida, each day (except Saturday, Sunday and Legal Holidays) A$SOCTION SUPERVJSORYUN }T jLiEUTENANTS SAND and has been entered as second class mail matter at the post CAPTAINS) AI D THE, CIZY OF SOUTH M1 1I PROVIDING �' •' office in Miami in said Miami -Dade County, Florida, fora FOR SEVERA JB LITY, ORDINANCES IN CONFLICT, AND AN s -0 period of one year next preceding the first publication of the EFFECT)V DATE } attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation AN ORDINANCE OF THE MAYOR ANDITY COMMISSION any discount, r ate, commission or refund for the purpose OF THE CITY OF SOUTH'IMIAMI FLORIDA RELATINW, 0 1'" ofsecuring;t s adverti e o publication in the said CONTRACTS;! APPROVING A QIEASE RAGREEMENT`� BETWEEN THE CITY AND THE "SOUTH ;MIAMI CHIL ®_EN'S s newspaper CLINIC xFOR THE LEASE & THE fRASE BUILflING 1T} AAURFIAY PARK IOCATED 6701 SW 58th PLACESQUTH MIAMI FLORIDA PROVIDING `""=F SEVERABIY ITY ORDINANCES`IN CONFLICT AND/�N EFFECTIVE DATE Sworn to and subscribed before me this Above items can be inspected h the City Clerks Office Mon ay €�Fnday.; during regular office hours'_ 06 d NUARY 2006 > . �� t � If you have any ingwnes ion the above hems pleasi,c; act�the Ciiy Clerk's office at 305 663 6340 � � s ALL interested parties are courted to attend an� will be)�,eard €,. W A + SEAL _ Mana t� Men{ fez C C� (SEAL) �. " Maria) Mesa on M O. V. FERBEYRE personally' rMii a ommission DD293855 CdyClerk Wel Pursuant to Florida Statutes 286 0 05'the Ci hereb advises the ubhc or P" s Marsh Ost' % ®c@ that if a person cieades to` appeal, any 1ppision made b� this` Board, l Agency or Commission wth respec# to any Mafter considered at its ;. meeting or hearing he or she will need a record of the proceedings' and that fortsuch purpose affected parson may heed to ensure that a t%rbatim: record of the proceedings is;made which record includes the testimony,' and evidence upon which the appeal is to be base d 3 25425M :1/6 _ sour�fr South Miami AMOMCRY 1 f� CITY OF SOUTH MIAMI C a 27 OFFICE OF THE CITY MANAGER INTER- OFIfICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor & Date: January 11, 2006 City Commission r From: Maria V. Davis Agenda Item # to City Manager C Re: PBA Police Lieutenants and Police Captains Collective Bargaining Agreement ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO 'EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION SUPERVISORY UNIT (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND - AN EFFECTIVE DATE; BACKGROUND AND ANALYSIS Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association for Lieutenants and Captains and the City ` of South Miami for fiscal years 2004 -2005/ 2005-2006 and 2006-2007. This agreement had been ratified by the unit on June 23, 2005. The agreement was presented to the Commission and approved via resolution at the November 1, 2005 Commission meeting_ It is being 'brought bade to the City Commission as an ordinance because at the December 20, 2005 Commission meeting staff was informed that multi -year contracts must be adopted as ordinances, not resolutions. RECOMMENDATION: We recommended that the City Manager be authorized to enter into the attached Collective Bargaining, Agreement. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAM 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING 6- AGREEMENT BETWEEN THE MIAMI --DADE COUNTY POLICE 7 BENEVOLENT ASSOCIATION SUPERVISORY UNIT (LIEUTENANTS AND 8 CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR 9 SEVERABILITY ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the 12 highest levels of law enforcement protection and services for the citizens, residents, businesses and 13 visitors of the City of South Miami; and 14 15 WHEREAS, ;a Collective Bargaining Agreement with the Miami Dade County Police Benevolent 16 Association (PBA), representing the Supervisory Collective Bargaining unit (Lieutenants and Captains) of 17 the South Miami Police Department is an integral component of this effort; and 18 19 WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a 20 new three -year contract which achieves these objectives; and 21 22 WHEREAS, the Supervisory Collective Bargaining unit of the South Miami Police ]Department 23 has ratified the Collective Bargaining Agreement. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 26 THE CITY OF SOUTH MAN% FLORIDA THAT: 27 28 Section 1. The Collective Bargaining .Agreement for 2004 - 2007 between the Miami Dade 29 County Police Benevolent Association and the City of South Miami, which is attached and herein 30 incorporated by reference, is approved and the City Manager is authorized to execute said contract on 31 behalf of the City. 32 33 Section 2. If any section clause, sentence, or phrase of this 'resolution is for any reason held 34 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of 35 the remaining portions of this resolution 36 37 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 38 are repealed. 39 40 Section 4. This ordinance shall be effective as of November 1, 2005. 41 42 43 PASSED AND ADOPTED this day of 2006. 44 45 ATTEST: APPROVED: 46 47 48 CITY CLERK MAYOR PBA Lieutenants & Captains Ordinance Page 4 of 2 I I" Reading 2 2nd Reading 3 4 READ AND APPROVED AS TO FORM: COMIVIISSION VOTE: 5 Mayor Russell: 6 Vice Mayor Palmer: 7 Commissioner Wiscombe: 8 CITY ATTORNEY Commissioner Birts-Cooper: g Commissioner Sherar: 10 1 C_1Docu and Stinps\Aricke4� iy BslWord Docum�islCkdinaeL" doc PBA Lieuten mts & Captains Ordinance Page 2 of 2 f' CITY O� SOUTH O mi J _ NOTICE OF PUBLIC N RIN® MIAMI DAILY BUSINESS REVIEW � NOTICE IS HEREBY groan that the City Corte► misslonQf the City of out Published Daily except Saturday, Sunday and Miami, Florida will`conduct Pbhe Hearing atts regular GW Contmtss4on Legal Holidays meeting scheduled for Tuesday January 17 006 beginn n at 7.3p p [n Miami, Miami -Dade County, Florida in the Gtty Commission Chambers 8130 SUt>Sei �?nVe t e onslder the;' STATE OF FLORIDA following Items M COUNTY OF MIAMI -DADE: AN ORDINANCE OFT 77 E MAYOR ANA CIT)(COMMISSION OF THE CITY OF SOUTMIAMI FLORIb1PPROVING`%)D Before the undersigned authority personally appeared AUTHORIZING THE CIT MANAGER TO F_'X' TE l(Tf'REE O. V. FERBEYRE, who on oath says that he or she is the YEAR COLLECTIVE�ARGAINING AGREEMENT BETWEEN SUPERVISOR, Legal Notices of the Miami Daily Business 1HE CITY OF SQUTH AND AMERICAN RA 04 Review f /k/a Miami Review, a daily (except Saturday, Sunday .OF T TEt OUN I t1AUNICIPAL` EIuPLO EES Ff_ gk and Legal Holidays) newspaper, published at Miami in Miami -Dade GIO LOCAL29 HEREINAFTERREF>ERRED TO 1jS County, Florida; that the attached copy of advertisement, AFSCME PROVIDINCi�OR' SEVERABILITY 5PROVIDIN being a Legal Advertisement of Notice in the matter of FOR ORDINANCES ONFLICT, AND_PROVIDINa NW,, i EFFECTI/E DATE ' R. ME �M44424 0-M : AN ORDINANCE 01 1`HE MAYOR AND.-:Cl TY pMMISSlO l CITY OF SOUTH MIAMI OF THE CITYOFSO(iT( MIIMI FLORIDA APPROVING ,. NOTICE TO PUBLIC HEARING - JANUARY .17, 2006 AUTHORIZING THECITYf1�l_NAGER'COEXEGt)TEA ( EE YEAR COLLECTIVE BAFtC�AINING A ( EEMENT BETWEEN�� in the XXXX Court, _ THE= MIAMI =BADE COUNTY POICE BENEVOLENTs was published in said newspaper in the issues of - ASSOCIATION AI D ATHE� CITY SOUTH MIAMI PROVIDING OR SEVEE�?ABILITYROIDING OA ;l 01/06/2006 ORDINANCES _ CONFLICT. 'SAND NPROVIDING � 4 EFFECTNE )ATE' :. � � 5 ,AN ORDINANCE OF THE MAYOR ANb CITY COMMISSION Affiant further says that the said Miami Dally Business OF THE CI{ Review Is a newspaper published at Miami in said Miami -Dade TYOF SOU tH MIAMf, FLORIDA APPROVING ANR County, Florida and that the said newspaper has AUTHORIZING THE CITY MANAGER TO'EXECUTE A TI TREE ; YEAR COLLECTIVE BARGAINING AGREEMENT; BETWEEN heretofore been continuously published in said Miami -Dade County, THE MlAlup E`D COUNTY s POLICE BENEVOL NTH Florida, each day (except Saturday, Sunday and Legal Holidays) ASSOC IATION SUPER /)SORY UNIT (LIEU tENANTS 'A D ; and has been entered as second class mail matter at the post CAPTAINS) AND THEITYOF SOUTH :MIAMI, "PROVIDING] office in Miami in said Miami -Dade County, Florida, fora FOR SEVERABILITY ORDINANCES IN CONFLICT AND AN> period of one year next preceding the first publication of the EFFECTIV€)JATE a attached copy of advertisement; and affiant further says that he or max¢ � x� t she has neither paid nor promised any person, firm or corporation AN ORDINANCE OF THE uIAYOR,,; CITY COMMISSION t � any discount, r ate, commission or refund for the purpose OF THE CITY OF SOUTH MIAMI FLORIDAREtATING`O of securing j s adverb e o publication in the said CONTRACTS, APPROVING��A LEASE - AGREEMENT BETWEEN THE CITY`ANDTIfE "SOUTH MIAMI CHILDREN'S newspaper .CLINIC FAR THE LEASE bF TI1E P� IASE I �,Bl1iLDING ATr ; MURRAY PARK LOCATED'Q7,d SW 58th PLACE SOUTH' MIAMI FLORIDA lROVIDING MFOR SEVERABILITY 0- RDINANCES IN CONFLICT AND /�NEFFECIVE °DATE v x Sworn to and subscribed before me this Above 'items can be inspected in the City Clerks Office Monday .Ida)'. during regular office hours sF k ° 06 d NUARY 2006 If you have any in - he lotpae n ac tCi)} Clerk's office at 305 663 6340 x {�� ALL interested parties are invited to attend and will beieard� SEAL' ( ) Maria I Mesa Maria M Menendez CMC�n O. V. FERBEYRE personally rt Commission DD293855 CltyClerk �,a�� e use y Pursuant to Flonda`Statutes 286 0105', the CI hereby advises the_publlc gExpiresd�darch 04 2008 V, r that if a person decides to appeal any zleasiontlade' byhisBoard, Agency or Commission with rpect to any es 'rriattef considere, ,14 d Its meeting or hearing he orshe will need a record of the �roceecJmgsndj ;that for such purpose affected person mayreed to ensure that a�verbatim accord of the proceedingsismade which record inc(u�c es therteirpony' and evidence u on which the a cal isto be based fis' :1/6 ','T s` ,.�c :' ' "'. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE _CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; 5 APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE 6 AMOUNT OF $1779.93; TO BE CHARGED TO ACCOUNT NO. 7 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami approved the retention I I of labor counsel James C. Crossland of Akerman Senterfitt at the recommendation of the city attorney, to 12 represent the city in addressing employment claims; and 13 14 WHEREAS, Akerman Senterfitt submitted its invoices to the City for legal services rendered, and 15 costs advanced, for the period ending November 30, 2005, totaling $1779.93; and 16 17 WHEREAS, the fees and costs on the attached invoice are reasonable' and necessary. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 20 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 21 22 Section 1. The invoices for attorneys' fees and costs received from Akerman Senterfitt, 23 in the total amount of $1779.93 are approved for payment; charging $1779.93 to account no. 24 001. 2100.519.3440 Consultant Labor' Attorney, with a current balance of $19,786. 25 26 Section 2. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED this day of , 2006._ 29 30 ATTEST: APPROVED: 31 32 33 CITY CLERK MAYOR 34 35 36 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 37 Mayor Russell: 38 Vice Mayor Palmer: 39 Commissioner Wiscombe: 40 CITY ATTORNEY' Commissioner Birts- Cooper: 41 Commissioner Sherar: 42 43 44 45 Senterfitt ATTORNEYS AT LAW Post Office Box 4906 Bill Date 14- Dec -05 Orlando, FL 32802 Bill No. 8047036 Tel: 407-843-7860 Fax: 407 -419 -8593 MS. MARIA DAVIS CITY MANAGER CITY OF SOUTH MIAMI' CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: AFSCME Matter Number: 0151000 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in the narrative statement: SERVICES $ 536.50 DISBURSEMENTS $ 0.00 TOTAL THIS INVOICE $ 536.50 To ensure proper credit to the above account, please indicate matter no. 0151000 and return remittance sheet with payment in U S funds. Wired funds accepted: Akerman, en terfitt' & Eidson Operating Account S c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215- 252207533 Reference your invoice number and matter number IRS EIN 59. 3117860 AKERMAN SENTERFITT TALLAHASSEE • TAMPA • WASHINGTON DC FT LAUDERDALE JACKSONVILLE MIAMI ORLANDO WEST PALM BEACH Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0151000 AFSCME , Bill Number 8047036 Date Services A Hours 15- Nov -05 CONFERENCE CLIENT AND ATTEND EXECUTIVE SESSION. JCC 2.60 29- Nov -05 REVIEW AFSCME''DOCUMENTS. JCC .30 Total Services .... ..... .. .. ........ ... ..... $536.50 I i I i S ATTORNEYS AT LAW Post Office Box 4906 Bill Date 14- Dec -05 Orlando, FL 32802 Bill No. 8047037 Tel: 407-843-7860 Fax: 407 -419 -8593 MS. MARIA DAVIS CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAAH Matter Name: ALEXANDER HECHAVARRIA - ONE DAY SUSPENSION Matter Number: 0152276 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in the narrative statement: SERVICES $ 129.50 DISBURSEMENTS $ 0c37 TOTAL THIS INVOICE $ 129.87 PREVIOUS BALANCE 2,667.41 (includes payments received through 12 /14/05) TOTAL NOW DUE AND PAYABLE $ 2,797.28 To ensure proper credit to the above account, please indicate matter no. 0152276 and return remittance sheet with payment in US funds. Wired funds accepted: Akerman, Senterfitt & Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215- 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE JACKSONVILLE Mum - ORLANDO • TALLAHASSEE • TAMPA • WASHINGTON DC WEST PALM BEACH eq—, Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0152276 ALEXANDER HECHAVARRIA -ONE DAY SUSPENSION Bill Number 8047037 Date Services Ate Hours 30- Nov -05 ANALYZE ARBITRATION AWARD DCM .70 Total Services . .. ... ....... ..... .... .. ...... $129.50 Date Disbursements Value Total for POSTAGE 0.37 Total Disbursements s......... ... ............................... ............................................... ............................... $0.37 Akerman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0152276 ALEXANDER HECHAVARRIA -ONE DAY SUSPENSION Bill Number 8047037 Initials Name Hours Rate Amount DCM D. C. MILLER 0.70 185.00 129.50 Total 0.70 ; $129.50 I i i x. -)m >,, ,' S,.- ;a'�x —' e'T. -:':;' r =. "'^ �,d.�=,rc'�i'• lfr:d sz,.�. +a°d.W�k,"'k�c.'si�, _, .=mil. ?` -f:=s, _,+ -"re�� *�tP.' -.,?F n:"+-- I^fii3' °.'l :rv.';. 1 :.. Senterfitt ATTORNEYS AT LAW Post Office Box 4906 Bill Date 14- Dec -05 Orlando, FL 32802 Bill No. 8047039 Tel: 407-843-7860 Fax: 407 -419 -8593 MS. MARIA DAVIS" CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MANII Matter Name: OSCAR SUAREZ, 3 DAY SUSPENSION Matter Number: 0174419 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in ' the narrative statement: SERVICES $ 555.00 DISBURSEMENTS $ 3.87 TOTAL THIS INVOICE $ 558.87 PREVIOUS BALANCE 4,882.32 (includes payments received through 12114/05)' TOTAL NOW DUE AND PAYABLE $ 5,441.19 To ensure proper credit to the above account, please indicate matter no. 0174419 and return remittance sheet with payment in US funds. Wired funds accepted: Akerman, Senterfitt & Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215- 252207533 Reference your invoice number and matter number IRS ETV 59-3117860 AKERMAN SENTERFITT FT LAUDERDALE JACKSONVILLE MIAMI ORLANDO TALLAHASSEE • TAMPA WASHINGTON DC WEST PALM BEACH j -„ ---ten— .•— �,�.,. -R.. ., r.�-; .. ,E� ,-.�. ,-.4 <� -ate=- �,.-� ;.�, � -� �,� ,. <-•-- y >-_ ..;� - � - �� ,Y;�,� s.; Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30-Nov-05 0174419 OSCAR SUAREZ, 3 DAY SUSPENSION Bill Number 8047039 Date Services Ate Hours 2- Nov -05 REVIEW CORRESPONDENCE. JCC .20 'i 3- Nov -05 TELEPHONE CONFERENCE LABRADOR. JCC .30 �L 8- Nov -05 REVIEW PBA CORRESPONDENCE RE: O. SUAREZ. JCC .30` 9- Nov -05 LEGAL RESEARCH RE: ARBITRABILITY. JCC .80 9- Nov -05 DRAFT CORRESPONDENCE RE: SUAREZ. JCC .40 18- Nov -05 TELEPHONE CONFERENCE S. LABRADOR RE: SUAREZ JCC .30 ARBITRATION. 18- Nov -05 TELEPHONE CONFERENCE NAVARRO RE: SUAREZ; JCC .40 MONIES OWED; AT -WILL EMPLOYEES. 28- Nov -05 TELEPHONE CONFERENCE CHIEF RE: SETTLEMENT. JCC .30 Total Services ........ ... ....... .... .. ...... .. .......................... i ..o ........ $555.00 Date Disbursements j i Value Total for POSTAGE 0.37 11110105 TELECOPY 2.00 Total for TELECOPY 2.00 11/07/05- DUPLICATING 1.25 11 110 105 DUPLICATING 0.25 Total for DUPLICATING 1.50 Total Disbursements ................... .................. .............. ............................... ...... ............................... $3.57 Akerman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 01`74419 OSCAR SUAREZ, 3 DAY SUSPENSION Bill Number 8047039 Initials Name Hours Rate Amount JCC J. C. CROSLAND 3.00 185.00 555.00 Total 3.00 $555.00 MT171, 7- i I Senterfitt 1 DEC 15 2005 ATTORNEYS AT LAW L� Post Office Box 4906 U RESOU'r� °-'�6c -05 Orlando, FL 32802 Bill No. 8047038 Tel: 407-843-7860 Fax: 407-419-8593 MS. MARIA DAVIS CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAIVII Matter Name: JOSEPH DURAN, V. CITY OF SOUTH MIAAH Matter Number: 0171988 Senterfitt ATTORNEYS AT LAW Post Office Box 4906 Bill Date 14- Dec -05 Orlando, FL 32802 Bill No. 8047038 Tel: 407- 843 -7860 Fax: 407 - 419 -8593 MS. MARIA DAVIS CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: JOSEPH DURAN V. CITY OF SOUTH MIAMI Matter Number: 0171988 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in the narrative statement: SERVICES $ 573.50 DISBURSEMENTS $ 0.00 TOTAL THIS INVOICE S 573.50 :PREVIOUS BALANCE 1,165.50 (includes payments received through 12 /14/05) TOTAL NOW DUE AND PAYABLE S 1,739.00 To ensure proper credit to the above account, please indicate matter no. 0171988 and return remittance sheet with payment in US funds. Wired funds accepted. Akerman, Senterfitt & Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215 - 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE - JACKSONVILLE MIAMI. ORLANDO • TALLAHASSEE TAMPA >• WASHINGTON DC • WEST PALM BEACH �-.: ....;?. Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0171988 JOSEPH DURAN V. CITY OF SOUTH MIAMI Bill Number 8047038 Date Services Atty Hours 7- Nov -05 REVIEW AND REPLY TO EMAIL FROM CLIENT. DMH .20 7- Nov -05 DRAFT EMAIL TO OPPOSING COUNSEL RE: SETTLEMENT. DMH .10 10- Nov -05 REVIEW CORRESPONDENCE RE: SETTLEMENT. DMH .20 10- Nov -05 DRAFT EMAIL TO CLIENT RE: SETTLEMENT. DMH .10 10- Nov -05 TELEPHONE' CONFERENCE NAVARRO RE: PLAINTIFFS' JCC .30 SETTLEMENT OFFER. 11- Nov -05 DRAFT EMAIL TO CLIENT RE: DEMAND. DMH .10 I 1- Nov -05 ANALYZE SETTLEMENT ISSUES: DMH .30 15- Nov -05 REVIEW AND REPLY TO E -MAILS RE: SETTLEMENT DMH .20 DEMAND. 15- Nov -05 DRAFT E -MAIL TO CLIENT. DMH .50 15- Nov -05 TELEPHONE CONFERENCE WITH CLIENT RE: DMH .10 SETTLEMENT. 18- Nov -05 CONFERENCE NAVARRO. 7CC .50 29- Nov -05 ANALYZE SETTLEMENT ISSUES. DMH .30 29- Nov -05 TELEPHONE' CONFERENCE WITH OPPOSING COUNSEL RE: DMH .20 SETTLEMENT. Total Services ... ......... .. .......... .. .. .......................... $573.50 A�erman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0171988 JOSEPH DURAN V. CITY OF SOUTH MIAMI Bill Number 8047038 Initials Name Hours _ Rate Amount DMH D. M. HEEKIN 2.30 185.00 425.50 JCC J. C. CROSLAND 0.80 185.00 148.00 Total 3.10 $573.50 ORDINANCE No. AN ORDINANCE OF MAYOR AND CITY COMMISSION. OF THE CITY OF SOUTH MIAMI, FLORIDA, OPTING OUT ° OF SECTION 101.657(2), FLORIDA STATUTES, WHICH REQUIRES THAT THE SUPERVISOR OF ELECTIONS PREPARE AN ELECTRONIC DATA FILE FOR EARLY VOTING; PROVIDING FOR DIRECTIONS TO CLERK; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE PROVIDING AN EFFECTIVE DATE. l 2 WHEREAS, pursuant to Florida Statutes Section 100.3605 (1), municipalities may by 3 Ordinance, exempt themselves from provisions of the State Election Code which do not 4 ` expressly apply to municipalities; and, 5 6 WHEREAS, pursuant to Section 101.657(2), during early voting periods, the Supervisor of 7 Elections is required to make available electronic data files listing all voters who are eligible to vote 8 during the early voting period,; and is required to update the electronic file on a daily basis, and 9 10 WHEREAS, the Supervisor of Elections from Miami -Dade County has informed the City 11 of South Miami that if the Supervisor has to comply with Section 101.657(2), Florida Statutes, it 12 will increase the cost of the City's elections, and 13 14 WHEREAS, the City Commission of the City of South Miami has determined that this 15 requirement would increase the complexity and the cost of municipal elections and therefore, it is 16 both appropriate and proper to exempt all municipal elections, commencing with the February 17 2006 election from the early voting reporting requirements contained in Florida' Statutes Section 18 101.657 (2) 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24 Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific 25 part of this Ordinance. 26 27 _SECTION 2.' OPTING OUT: The City Commission for the City of South Miami 28 hereby opts out of Section 101.657(2), Florida Statutes: Page 1 29 30 SECTION 3. DIRECTIONS TO THE CITY CLERK: The City Clerk of the City of 31 South Miami is hereby directed to send certified copies of this Ordinance to the Supervisor of 32 Elections for Miami -Dade County. 33 1 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are 2 hereby repealed: 3 4 SECTION 5. SEVERABILI TY: If any section, subsection, sentence, clause, phrase or 5 portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 6 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision 7 and such holding shall not affect the validity of the remaining portions of this Ordinance: 8 9 SECTION 6. INCLUSION IN CODE: It is the intention of the City Commission of 10 the City of South Miami that the provisions of this Ordinance shall become and be made apart of 11 the Code of Ordinances of the City of South Miami and that the sections of this Ordinance may be 12 renumbered or re- lettered and the word "Ordinance" may be changed to "Chapter, "Section," 13 "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions 14 herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby 15 shall not be codified. 16 17 SECTION 7. EFFECTIVE DATE': This Ordinance shall become effective 18 immediately upon its final passage. 19 PASSED AND ADOPTED this day of , 2006. ATTEST: APPROVED: CITY CLERK MAYOR 1st Reading 2"d Reading _ COMMISSION VOTE: READ AND APPROVED AS TO FORM: Mayor Russell Vi ce Mayor Palmer: , Commissioner Wiscombe: i CITY ATTORNEY Commissioner Birts- Cooper: Commissioner Sherar: Page '2 However, statute now gives you the option of designating different early voting hours for municipal elections that are not on a Countywide election date; you no longer need to opt out of these provisions via ordinance. Additionally, Florida Statutes 101.657(l)(e) explicitly specifies that municipalities may, but are not required to, hold early voting, and that they may designate as many sites as necessary. At the same time, that provision does say that municipalities choosing to hold early; voting must do so in accordance with paragraphs (a) through (c) of 101.657, which incorporate a few important changes. Among them are: • Early voting sites 'must 'be designated by no later than the 30th day prior to an election • All early voting sites must be open on the same days for the same amount of time. I also want to remind you that for the purpose of scheduling your elections, please remember that the Elections Department requires a minimum of two weeks between primary and general, or general and run -off elections in order to prepare the ballot, program our equipment and print and mail absentee ballots to voters with enough time for them to return those ballots. If your charter specifies a turnaround time of less than two weeks, please remember to change this in the interim via ordinance. Prospectively, during your next charter review, you might want to consider including this as an amendment in your charter if this issue applies to your municipality. want to thank you again for your continued cooperation. I genuinely appreciate the relationship our Department has with our municipal partners and your important role in administering successful elections for our residents. If you have any questions or require any additional information, please do not hesitate to contact me. Lestkr Sola f/ Supervisor o lections car- ^a'Rn'n �r? I ORDINANCE NO. 2 3 AN ORDINANCE OF THE 'MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; 6 REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY 7 OF SOUTH MIAMI CODE; PROVIDING FOR CONSULTANT 8 DISCLOSURE AND REGISTRATION; CREATING ENFORCEMENT 9 PROCEDURES; PROVIDING FOR SEVERABILITY, ORDINANCES IN 10 CONFLICT, AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami seek to 14 protect the elected and appointed city officials and city employees from the appearance 15 of, or actual, favoritism, corruption,' or other impropriety in their consideration of 16 ordinances and resolutions, decisions in quasi-judicial proceedings, selection of 17 consultants, awarding of contracts and other city business; and 18 19 WHEREAS, the Mayor and City Commission have enacted legislation relating to 20 conflict of interest, ethics and limitations on campaign financing to strengthen the 21 standards of conduct' pertaining to actions by city; officials, candidates for public office, 22 city employees and persons doing business with the city and 23 24 WHEREAS, the city finds it is in the best interest of the residents of the city to 25 make fully informed decisions about city actions and policies; and, 26 27 WHEREAS, the city code presently ;provides for the registration of all lobbyists 28 who appear before the village council in support of or against an item; and, 29 30 WHEREAS, persons who are paid a fee to serve as consultants in support of or 31 against any item, but who do not physically appear before the city commission or staff 32 are not required to register; and, 33 34 WHEREAS, the city finds that a requirement of entities to register their 35 consultants is in the best interest of the city and therefore, the city seeks to amend its 36' lobbying ordinance accordingly. 37 38 NOW, THEREFORE, BE IT` ORDAINED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section 1. Section 8A -5, entitled "Lobbyists; registration and reporting, 42 exemptions" of the City of South Miami code is amended to read: 43 Additions shown by underlining and deletions shown by eveig. I Sec. 8A =5. Lobbyists; registration, reporting, fees, exemptions, expenditures, 2 and penalties. 3 4 (a) This section shall be known as the City of South Miami Lobbyist 5 Registration Ordinance. 6 7 (b) Definitions. For the purposes of this section, the following terms shall have 8 the definitions contained herein: 9 10 (1) Lobbyist means all natural persons, unincorporated associations, or business 11 entities firms, corporations, principals employed or retained, whether paid 12 or not, by a principal who seeks to encourage the passage, defeat, or 13 modification of any of the following: (i) ordinance, resolution, action, or 14 decision of the city commission, the mayor, or any commissioner; (ii) 15 action, decision, or recommendation of any city board, committee, or 16 agency, including without limitation, the governing and advisory boards of 17 the South Miami Community Redevelopment Agency and the Health 18 Facility Authority; or (iii) action, decision or recommendation of the city 19 manager, deputy, assistant, or assistant to the city manager, department 20 heads, division heads, city attorney, assistant city attorney (except when 21 such personnel are acting in connection with quasi-judicial or 22 administrative hearings) during the time period of the entire decision- 23 < making process on an action, decision or recommendation which 24 foreseeably will be heard or reviewed by the city commission, or a city 25 board, committee, or agency. "Lobbyists" specifically includes the 26 principal, as well as any agent, attorney, officer or employee of a principal, 27 regardless of whether lobbying activities fall within the normal scope of 28 employment of the agent, attorney, officer or employee. Lobbyist shall 29 exclude those identified in subsection (e). 30 i l Vll nl o o, esentafiye e f a not for p N UL e fit eer- pef• ffh at 31 , 32 33 assec-iatien, o en), Witho, ,eial eompensation of 34 , to 35 express smappeft of ef opposition to any it 36 37 (2) Principal means the natural person, firm, corporation or other entity that 38 has employed or retained 'a lobbyist. 39 40 (3) Consultant means an individual, corporation, partnership or business entity 41 that has been retained, for financial compensation, which includes non- monetary 42 compensation of similar value, to assist or provide any professional services to an Additions shown by underlininir and deletions shown by ever- "'€ .,:F �z a..u, .-�-r. ,'P:'•.= �. ,.-- �,�- -r .,;4, - ;'�,se's-r*;s p'�r' .n.,re"i .fr+''I'M 771 1 entity in seeking approval of an item from the city commission or staff, or to 2 obtain a contract with the city. 3 4 (c) O Registration and filing requirements. All lobbyists, including all 5 entities and consultants, shall, before engaging in any lobbying activities, 6 register with the clerk. Every person required to register shall register on 7 forms prepared by the clerk, pay a registration fee as specified in appendix 8 A and state under oath: 9 10 (i) name and business address of lobbyist; 11 (ii) name and business address of principal; 12 (iii) the name and business address of each person, consultant, or entity, 13 within the preceding five years, for whom the lobbyist was 14 employed 15 (iv) the commissioner or personnel sought to be lobbied; and 16 (v) the specific issue on which the lobbyist has been employed to lobby. 17 (vi) any consultant shall identify itself and the capacity in which s /he has 18 been retained by an entity. 19 20 (2) Change or modification of information. Any change to any 21 information originally filed, or, any additional city commissioner or 22 personnel who are also sought to be lobbied shall require the lobbyist to file 23 an amendment to the registration forms, although no additional fee shall be 24 required for such amendment. The lobbyist has a continuing duty to supply 25 information and amend the forms filed throughout the period for which the 26 lobbying occurs. 27 28 (3) Disclosure. If the lobbyist represents a, corporation, partnership or 29 trust, the chief officer, partner or beneficiary shall also be identified. 30 Without limiting the foregoing, the lobbyist shall also identify all persons 31 holding` directly or indirectly, a 10% or more ownership interest in the 32- corporation, partnership or trust. And consultant shall identify itself and 33 the capacity in which s /he has been retained. 34 35 (4) Separate registration requirements. Separate registration shall be 36 required for each principal represented on each specific issue. The issue 37 shall be described with as much detail as is practical, including but not 38 limited to a specific description where applicable of a pending request for a 39 proposal, invitation to bid, or public hearing item. The city clerk shall 40 reject any registration statement that does not provide a description of the 41 specific issue on which the lobbyist has been employed. 42 Additions shown by underlining and deletions shown by ever g. 1 (5) Each person who withdraws as a lobbyist for a particular client shall 2 file an appropriate notice of withdrawal. 3 4 (6) Fees. Each lobbyists shall pay a registration fee, as required in 5 subsection (c)(1). In addition, all lobbyist must register prior to October 1 6 of every year; and the fee shall be as specified in appendix A. The 7 registration fees required in this chapter shall be deposited by the city clerk 8 into a separate account and shall be expended only to cover the costs 9 incurred in administering the provisions of this section. There shall be no 10 fee required for filing a notice of withdrawal, and the city manager shall I I waive the registration fee upon a finding of financial hardship, based upon 12 a sworn statement of the applicant. Prior to conducting any lobbying on a 13 matter, all lobbyists must file a form with the city clerk, signed by the 14 principal or the principal's representative, stating that the lobbyist is 15 authorized to represent the principal. Any person who only appears as a 16 representative of a nonprofit corporation or entity (such as a charitable 17 organization, neighborhood or homeowner association, local chamber of 18 commerce and merchant's association, trade association or trade union), 19 without special compensation or reimbursement for the appearance, 20 whether direct, indirect, or contingent, to express support or opposition to 21 any item, shall not be required to register with the city clerk as required by 22 this subsection. Copies of registration forms shall be furnished to each 23 commissioner or other personnel named on the forms. 24 25 (7) Disclosure and appearance of impropriety. In addition to the matters 26 addressed above, every registrant shall be required to state the extent of any 27 business, financial, familial or 'professional relationship, or other 28 relationship giving rise to an appearance of an impropriety, with the mayor, 29 any city commissioner, or personnel who is sought to be lobbied- as 30 identified on the lobbyist registration form filed. 31 32 (8) Duty of the city commission, boards, committees, agencies, and 33 employees. All members of the city commission and all city personnel, 34 including all board, committee and agency members, shall be ` diligent to 35 ascertain whether persons required to register pursuant to this section have 36 complied with the requirements of this division. The mayor, 37 commissioners, board, committee and agency members, and city personnel 38 may not knowingly permit themselves to be lobbied by a person who is not 39 registered pursuant to this section.` 40 41 (9) Lobbyists, including all consultants, shall sign in with the city clerk 42 " before meeting with any city officials. All covered city officials,' personnel, Additions shown by underlining and deletions shown by ^v°r g. 1 and members shall maintain logs of all telephone and electronic 2 communications with lobbyists. 3 4 5 (d) List of expenditures. 6 7 (1) On October 1 of each year, lobbyists, including all consultants, shall 8 submit to the city clerk a signed statement under oath, as provided by the 9 clerk, listing all lobbying expenditures in the city for the preceding calendar 10 year. A statement shall be filed even if there have been no expenditures i l during the reporting period. The statement shall list in detail each 12 expenditure by category, including food and beverage, entertainment, 13 research, communication, media advertising, publications, travel, lodging 14 and special events and shall identify the city officials, personnel, and 15 members upon whom the expenditures were made. 16 17 (2) The city clerk shall notify any lobbyist who fails to timely file an 18 expenditure report. In addition to any other penalties which may be 19 imposed under this chapter, a fine of fifty; dollars ($50.00) per day shall be 20 assessed for reports filed after the October I" due date. 21 22 (3) The city clerk shall notify the 'Miami -Dade County Commission on 23 Ethics and Public Trust of the failure of "a lobbyist to file a report and/or 24 pay the assessed fines after notification. 25 26 (4) A lobbyist may appeal a fine and may request a hearing before the 27 Miami -Dade Commission on Ethics and Public Trust. A request for a 28 hearing on the fine must be filed with the Miami -Dade Commission on 29 Ethics and Public Trust within fifteen (15) calendars days of receipt of the 30 notification of the failure to file the required disclosure form. The Miami- 31 Dade Commission on Ethics and Public Trust shall have the authority to 32 waive the fine, in whole or in part, based on good cause shown. 33 34 (e) Exceptions to registration. The following persons will be exempt from the 35 provisions of this section: 36 37 (1) Any person who only appears in his or her individual capacity at a 38 public hearing before the city commission, board, committee, agency 39 meeting, and has no other' communication with the city personnel, for 40 the purpose of self-representation without compensation or 41 reimbursement, whether direct, indirect, or contingent, to express 42 support of or opposition to any item, shall not be required to register as 43 a lobbyist, including but not limited` to those who are members of Additions shown by underlining and deletions shown by o er- g I homeowners or neighborhood associations. All speakers shall, 2 however, sign -in on forms available at the public hearing or meeting. 3 Additionally, any person or representative of a business entity requested 4 to appear before any city commission, or board, committee, or agency 5 meeting, or any person or representative compelled to answer for or 6 appealing a code violation, or any administrative hearing shall not be 7 required to register, nor shall any agent, attorney, officer or employee of 8 the person. 9 10 (2) Any public officer, employee or appointee or any person' or entity in 11 contractual privity with the city who only appears in his or her official 12 capacity shall not be required to register as a lobbyist. 13 14 (3) Any person appearing as an expert witness called in proceedings 15 before the commission, any board or a committee or the administration of 16 the city who presents testimony in support of a;position or explaining such 17 position. 18 19 (f) Penalties. 20 21 (1) Violations of this section may be determined by the Miami -Dade 22 County Commission on Ethics and Public Trust. A finding by the 23 commission that a person has violated this chapter shall subject the person 24 to a $500.00 civil penalty. to these penalties set fiaFth in § 2 11.1 „r 25 . The Commission on Ethics may 26 additionally provide other penalties such as penalties inel de admonition, 27 and public reprimand, a nes, as well as prohibitions from registering as 28' a lobbyist or engaging in lobbying activities before the city. 29 i 30 (2) Additionally, every lobbyist who is found to be in violation of this 31 chapter shall be prohibited from registering as a lobbyist or lobbying in 32 accordance with the following_ schedule: 33 34 • First violation for a period of one ^year from the date of 35 determination of violation; 36 •> Second violation for a period of two years from the date' of 37 determination of violation; 38 • Third violation for a period of three years from the date of 39 determination of violation. 40 41 A bidder or proposer shall be subject to debarment as if the bidder or 42 proposer were a contractor where the bidder or proposer has violated this 43 section, either directly or indirectly or any combination thereof, on three or Additions shown by underlining and deletions shown by over . I more occasions. 3 eit<> , n or any geney or authority eity when the kidder or pr- epesef 1�. L�7jG11 4 eithef di fee ; or indir -eed , on &ee or ma fe eeeasions has been felfflnd- to . 5 hn.,v violated the lobbyist provisions of this seetio 6 7 As used herein, a "direct violation" shall mean a violation committed by the 8 bidder or proposer and an "indirect violation" shall mean a violation 9 committed by a lobbyist representing said bidder or proposer. A contract 10 entered into in violation of this section shall render the contract voidable. 11 The city manager shall include the provisions of this section in all city bid 12 documents, RFPs and REQs; provided, however, that failure to do so shall 13 not render any contract voidable. 14 15 (3) Except as otherwise provided in subsection (f)(1), the validity of any 16 action or determination of the city commission, board, committee, or 17 agency shall not be affected by the failure of any person to comply with the 18 provisions of this section. 19 20 21 Seefien 2. Seefien 8A , , 22 23 24 Section 2. _ If any section, clause, sentence, or phrase of this ordinance is for any 25 reason held invalid or unconstitutional by a` court of competent jurisdiction, the holding 26 shall not affect validity of the remaining portions of this ordinance. 27 28 Section 3. This ordinance shall be included in the Code of Ordinances. 29 30 Section 4. All ordinances or parts of ordinances in conflict with the provisions 31 of this ordinance are repealed. 32 33 Section 5. This ordinance shall take effect immediately upon approved. 34 35 36 PASSED AND ADOPTED this day of , 2006. 37 38 ATTEST: APPROVED: 39 40 41 CITY CLERK MAYOR 42 43 Additions shown by underlining and deletions shown by o ig. 1 I" Reading 2 2nd Reading 3 _ 4 5 COMMISSION VOTE: 6 READ AND APPROVED AS TO FORM Mayor Russell; 7 Vice Mayor Palmer: 8 Commissioner Wiscombe: 9 Commissioner Birts Cooper: 10 CITY ATTORNEY Commissioner Sherar: 11 12 Additions shown by underlining and deletions shown by ever-striking. 1 Appendix A 2 3 Description Amount 4 5 Annual registration fee due October l st $125.00 6 7 Daily late fee after October 1St deadline $ 50,00 8 Additions shown by underlining and deletions shown by evefstriking. "•,w RRT;' --°^A