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02-07-062. City Manager's Report: 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, AUTHORIZING THE CITY> MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO MILIAN, SWAIN & ASSOCIATES, INC. FOR SURVEYING, ENGINEERING DESIGN, PERMITTING, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITY -WIDE WATER MAIN IMPROVEMENTS IN AN r AMOUNT OF $55,783.00 TO ' BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT` ACCOUNT NUMBERS 106- 1712 -536 -6435 & 106- 1712- 536 - 6436; PROVIDING AN EFFECTIVE DATE, 3/5 A 'RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A 'PROFESSIONAL SERVICE 'WORK TO MILIAN, SWAIN '& ASSOC FOR SURVEYING, ENGINEERING DESIGN, PERMITTING, BID & CONSTRUCTION FOR THE CITYWIDE WATER MAIN IMPROVEMENTS IN AN AMT OF $55,783 TO BE CHARGED TO SO FL WATER MANAGEMENT DISTRICT GRANT ACCT W /CURRENT BAL$35,000 & $190,000 RESPECTIVELY) (City Manager) 5. A, RESOLUTION OF THE MAYOR = AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF $50,000 FOR THE PROVISION OF AFTER SCHOOL PROGRAMMING AND TUTORING SERVICES- FOR THE AFTER SCHOOL HOUSE PROGRAM; PROVIDING AN EFFECTIVE DATE. 3/5 A: RESOLUTION AUTHORIZING THE !CITY MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH MIAMI DADE COUNTY I OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT IN AN AMT UP TO $50,000 FOR THE PROVISION OF AFTER SCHOOL PROGRAMMING AND TUTORING SERVICES FOR THE AFTER SCHOOL HOUSE PROGRAM) (City, Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,- AUTHORIZING THE CI -TY MANAGER TO EXECUTE A FY 2006 GRANT `AGREEMENT WITH THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF $430,000 FOR CHURCH STREET IMPROVEMENTS - PHASE II; PROVIDING AN EFFECTIVE DATE.' 3/5 REGULAR CITY COMMISSION 2 AGENDA - :February 7, 2006 A RESOLUTION AUTHORIZING THE 'CITY 'MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE MIAMI DADE COUNTY OFFICE OF 'COMMUNITY & ECONOMIC DEVELOPMENT IN AN AMOUNT UP TO $430,000 FOR CHURCH ST IMPROVEMENTS) (City Manager) 7. 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 $13,842.86; CHARGING $13,842.86 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 $13,842.86; CHARGING THE LEGAL SERVICES NON- RETAINER ACCT W /CURRENT BAL$88,287.21)' (City Attorney) ORDINANCE (S) SECOND READING PUBLIC NEARING (S) 8. AN ORDINANCE OF THE 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO LOBBYISTS; AMENDING SECTION 8A -51 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) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) REGULAR CITY COMMISSION 3 AGENDA - February 7, 2006 2s RESOLUTION (S) 10. A =RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A POSSIBLE PUBLIC NUISANCE DUE TO A DEAD TREE LOCATED IN THE RIGHT- OF-WAY AT THE SOUTHEAST CORNER OF SW 56TH STREET AND SW 63"D COURT; PLACING MIAMI -DADE COUNTY ON NOTICE OF THE ATTRACTIVE NUISANCE;.: AND PROVIDING AN EFFECTIVE DATE.3 /5 A RESOLUTION RELATING TO A POSSIBLE PUBLIC NUISANCE DUE TO A DEAD TREE LOCATED IN THE ROW AT THE SE CORNER OF SW 56' ST AND SW 63RD CT; PLACING MIAMI -DADE COUNTY ON NOTICE OF THE ATTRACTIVE NUISANCE) (Commissioner Sherar) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A` REQUEST TO REVISE THE SITE PLAN ADOPTED BY ORDINANCE NO. 24 -01 -1755 FOR THE VALENCIA (UNIVERSITY PLACE) BUILDING. LOCATED AT 6001 SW 70t'' STREET BY AMENDING THE FIRST FLOOR PLAN TO PROVIDE' THAT OFFICE USE CAN REPLACE RETAIL USE SPECIFICALLY FOR UNITS CU- 105/106; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COWISSION MEETINGS. 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. REGULAR CITY COMMISSION 4 AGENDA - February 7, 2006 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 HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A`VERBATIM RECORD OF THE PROCEEDINGS IS` MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT 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 - February 7, 2006 Cit, of y South Miami Hurricane Wilma Estimated Recovery Expenses as of 2/1106 VENDORS SUPPLIES /SERVICES /FEES /OVERTIME COST* Miami Dade County Tipping fees (As of 10/30/05) *Estimate $375,257.00' Department of Public Works Overtime (As of 12/04/05) $57,418.41 C?thcr De atents'` Pb ice llepartent;, Ace Lawnmower Service - Overtime (As of 12/04/05) Overtime (As of 12/04/05) $4,116.95 $89;621.94 Chainsaws $5,083.86' Safety Products, Inc. Supplies - gloves, gatorade, medicine) $304.60' Amerilumber Rakes - (for debris removal due to Wilma) $40.47 Best Equipment & Repair, lnc. Water pump rental $186.25: RB Grove ` Electrical Work $628.00 Contractors: T. J. Pavement Citywide debris removal(As of 12/14/05) $541,220.00 Jewett Heavy Equipment ** Citywide debris removal(As of 12/14/05) $55,907.01 Salman Landscape Services Citywide debris removal(As of 12/14/05) $5,750400; South Florida Maintenance . DACA Environmental Citywide debris removal(As of 12 /14/05) $94130:48' Citywide debris removal(As of 12 /14/05) $397,767.50; BFI Citywide debris removal(As of 12 /14/05) $60,745.69 U.S. Lawns of So. Dade Citywide debris 'removal(As of .12/14/05) $20,000.00' Superior Landscaping & Lawn* Citywide' debris removal(As of 12 /14/05) $28,000.00 Native Tree City parks tree trimming and removal /storm clean up $21,031.92' Hooligans Food $4,940.00 Chuck's Coffee Shop Food $264.00' Shorty's Food ` $551.40' Big Cheese Food $378.75 Petty Cash Groceries $1,084.92 Cool Tech Solutions Plumbing for Ice Machine $775.00' Tropic Supply Ice Machine $8,587,00' Able Sanitation Port o -lets $245.95 Martronics Batteries $283.68 Martronics ' Batteries $506.88 Zephyrhills Water $447.50 Tropic Supply Ice Bags; $496.00 Benson Electric Electrical' Work for the Ice Machine *Estimate ,$880.34 Benson Electric Electrical Work for the Ice Machine *Estimate '$150.75 Omar & Sons Repair for power outage $687.75 BV Oil Fuel $13,471.92 Home Depot Refrigerator $129.00'. Iadeland fir Ctanditioning. Replacement of New Trane Package - Police Dept. $3,500.00 Grand Total $1,794,599.92 * Estimated expenses to -date: 2/1/2006 ** New expense HURRICANE WILMA 10/22 - 12/04/05 DEPARTMENT EMER. LEAVE STRAIGHT OT OTLWILMA 131 CRA 269.91 1200 City Clerk 373.38 1310 1,063.81 1320 City Manager 423.47 1330 435.75 1340 488.11 1410 Finance 1,467.86 1,024.20 Total 4,522.29 '1,024.20 1610 Building _ 592.08 202.11 116.93 1620 Planning 1,295.81 115.31 1640 Code Enforcement 334.99 376.85 Total 2,222.88 202.11 609.09 1710 690.37 204.00 9,108.64 1720 1,396.67 541.27 23, 739.23 1730 Public Works 681.67 375.51 8,187.31 1760 615.05 100.04 8,241.49 1770 727.48 3,754.85 1790 535.40 207.61 2,958.46 Total 4,646.64 1,428.43 55,989.98 Police 1910 8,496.88 4,947.52 84,674.42 Total 8,496.88 4,947.52 84,674.42 2000 Parks 1,755.64 278.37 ` 1,755.50 2020 316.48 145.76 101.92 Total 2,072.12 424.13 ' 1,857.42 2100 Grants 227.73 Total 227.73 TOTALS 22,188.541 7,002.19 144,155.11 (Not Reimbursable) REIMBURSABLE FEMA TOTAL 151,157.30 aww� orw,nw sth City of South 1Vliami NoP w o 6914 6130 Swat Drive, South MimW, Florida 33143 (305) 663 -6339 Fax: (305) 667 -7806 REQULSITION For Ch E3 - Far Pardmse Order VENDOR: 4e t 6 �+nDxlwss:� ScR U 'yes - hG c -�- 1q uC - M�A�Mt tl o r� a 3 0 L CUNMMATI01v, ot DEPARIM i t_1 V t DMIVEit TQ: REQUtRBD B4795 SW 75Avww DMIVERY DATE: ASAP 5130 aw 72 swe INFUKMATION TO BE FtTtWISi D BY FAR PURCHASINl3 AGENT TTIwfMO'S' AESCRfM N,WDSPI�JCIF1Ci!?TONS .4 OL'NT 1N1T'PR10E ?ia?AE COST (A RP--Z A "N�. 0?.5, 6 TFn n: (YCh. # for whntn, etc.) — _ '•"'Attach S guotes for as y purchaws -T over 5300,00 and 2gft and Resolution for ' orchxses over $4 IiO' " *� *• *�• +a 1 RFdtY CERT4 Y THAT IM ABOVE MAMP4AL, FjX,,1'• :NT, OR SPXVII LS MEN7IAL AND A PROFER RFIiUEST AGArhtS7 T'H6 GABS C1iARCSELI: - tl� d t� W__ HEAD OP NT X1DINii OF M COUNTS APpROVBp P�AtCliA9P8 AS ABOVE APPROVED AND ISSUANCE OF PUR(?[A3E ORDHR A(I@R)RIZBQ MT b"NAGM S±1p(�KNLNCY OF A14R�lnA'I1�t� RM.AWCU ViQD 1j (EXCBFT AS OTMILWtU N Ol�D.) PINANCE CWAPLTWW SAN 2 7 200F, FINANCE DEPT I South Fiertda ,Nlaintsnan�e S "026 Inc INVOICE # 215 Bill to: City of South Miami November 29a, 2005 4795 SW 7P Ave. South Miami, Fl. 33155 Re: Hunieane Wilma Debris Removal Services: Debris Removal services for City of South Miami as per agreement Date__ Certified Cubic Yards Rate October3l st, 2005 518.03 S 14.00 per Novemberl st,200S 950.86 Novembd2nd2005 978.46 November3rd,2005 320.02 Novernber4th,2005 489.95 November5th2005 630.92 November6th,2005 471.25 November8th2005 131.58 November9th,2005 37.13 Total $63,257.60 OPE'vi PO: _ 1� I )AN 2 7 20406 D 't �;r-3 kitfi �: °ti'�v G�`Fi ? i�r-:�_ DE :t *. ---------- DATL rF I 7N_ �1 �P T. CERVIS or a:necx ror rnrenaw Uroer Es? REQUIRED llATE: : ASAF ►max: c,� lox, 11d al 0 e na'nc DATE: , DA7 q xESS:- 9,"i QD R.W. 19 ' vie,%5cAv is es,sti MU AV D6SCRIPiTONAND SP 1770a AA i It J iu CONF IItMATIt]1V. A COSr t�Ci p na J____._0 5' I ax:_ Contact name. _ DEPART P S l G DELIVER T 4795 S W 75 Avmu © 6130 9W 73 8bret Es? REQUIRED llATE: : ASAF IIMMATION TO BE ItfIiWISHI3U BY DEPARTIGNI FOR PURCHfASINO AOENT' MU AV D6SCRIPiTONAND SP 1770a uNnI RICE A COSr y I C) V � �--- -�-4G�OG'N7 H(t P.e i c. - E `emu 263 6S'D ri riptio (Veh. #, for whom, etc.) • °• ' *•� "" *Attach 3,guotes Eor an' urcham over'SM.00 and uates and Re�aMtion for MUM over :00•10•ax.,.r.. TNT4'Ettl'Il °Y THAI Yt ABGVE MA'MplAL, F4"tF• t dENT OR SFRVtC7s Gti E9SEN7IAL AND A PROPEk RTit{UEST AGAINST THE CODES CKARCBD. fN HEAD OP ARTMO Nr WDM OF AMOUNTS AFMOVBD P'MCHAgn AS ABOVI APPROVED AND ISSUANCE OF "MIME (KtM AUTHORIZED CMttitANAGO SlUR7CffiCY OF A!!'RClWAl= RA1J1liCEi YIRL�D (LXCZRr AS OTMMW&U NO1i'D. PWAWZ AITUD T *; JAN 3 2006 FINANCE DEPT. November 14�. 2005 (7:00am to 4 QQpm) Fours Bate Amount Bucket truck with operator 9 $140.00 $1260.00 Operator with chainsaw 9 $35.00 $315.00 November 15'', 2005 7:00am to 4 00pm) Hours Rate Amount Bucket truck with operator 9 $140.00 $1260.00 Operator with chainsaw 9 $35.00 $315.00 Total: $ 3,650.00 -; n f LJ D E 1 D 'wi OL `-. ID JAN 21O FINANCE ®EPi; r F., South Florida �AtA�Ig10A� Se�iC� IA INVOICE # `2152 Bill to: City of South Miami November 29 2005 4795 SW 7P Ave, South Miami, Fl. 33155 Re: Hurricane Wilma Services: Debris Removal/Removal of dangerous branches blocking right of ways. November 1- 2005(7 :30to 5:OOpm) Hours Rate Amount Bucket truck with operator 09.5 $140,00 $1,330.00 ,Operator with chainsaw 09.5 $35.00 $332.50 Novembex2"d. 2005 ($:OO am to1:00 wn) Hoots Rate Amount Bucket truck with operator 5.00 ` $140.00 $700.00 Operator with chainsaw 5.00 $35.00 $175.00 Nove�ber_3�, 2005,(7:3 0am to5:0Qp -mA Hours < Rate Amount Bucket truck with operator 9.5 $140.00 $1,330.00 Operator with chainsaw 9.5 $35.00 $332.50 November 4`, 2005 (7:30am. to 5 :30pm I�uurs> Rate Amount Bucket truck with operator 10 $140.00 $1,400.00 Operator with chainsaw 10 $35.00 $350.00 November f, 2005 l8:00arm to 4:OOpm} Hours Rate Amount Bucket truck with operator 8 $140.00 $ 1120.00 Operator with *chainsaw S $35.00 $280.00 Noyember:96, 2005 (7:00am to.4:0 ) Hours Rate Amount Bucket truck with operator 9 $140.00 $1260.00 Operator with chainsaw 9 $35.00' $315.00 November lOt' 2005 C7:00arn to 4:0( m) Hau_ zs Rate A�mout�t Bucket truck with'opmator. 9 $140.00 $1260.00 Operator with chainsaw 9 $35.00 $315.00 RECEIVED JAN 412006 FINANCE DEPT. £i""''t`T'•{ .o- S'=.^"M ? y 'e`;'i*:'�'f°?',`kry ;'',"�, .. =i'."FSS'� -.� Fg'i" aeweo mew met City of South Miami No. p.% 6130 Swa d Drive, South Mwii, Florida 33143 (305) 663 -6339 Fax. (305) 667 -7806 xEQu�srr�ox For Check Q' For Purchawn Order VENDW , ell DATE; oy ADDRESS: P ® Y349/O CONEM MATION relephone v S' -6 fax A-6 -W2- Contact name: _ DEP 1�.� BELI TQ: IiEQULRlT3 4793 SW 75 Avenue DELIVERY DATE ASAP 6130 S'W 72 ShvA INFt)FtMATIt�N TO BE ='BY FM PURCHASNO AGENT T f Nl'S E 70AW ACCOCWT UNIT POLE 70TAL COST V R c /art E -- ---- -- - DD• O c7 �D�•p Brief D cription: (Veh. # for wham, etc.) 3 quotes for anX `purchases over $200.00 and Quotes and Resolution for Purchases over '$4 1 HF.REHY (2ATUN THAT Ile ABOVE MATERSAL. Fi jU P WrJM OF AC.COU TrS APPROVED PtAtCHASES AS ABOVE APPROVED AND USSU&WCE OF W NT, OR SERVICE IS ESSENITAL AND A PROPER RF.C_UEST T AMLASE ORDER AMMORIM AGAINST TIM CODES CHARGED, ELWn=NCY OP )Fl9tCfRIATK* MAN YI D (6XSZPT AS OTMRWtU NO=.) -- HEAD 5PFWZffTX&NT MAM M CBPARTLM CS11f IdANA(iM Recelveo i JAN FINANCED -r p W cn I ) p 7o- a- 1�9mp- �� y ?r E wmm9 -ir ;a m mxx mrv< � � Z o O "Mmy�7°� H 1>3 ♦ Z �y m Zmmy�gUm o { �� C") �i 0 mxw,oCrOD ,"�� O : 7o�x: -Z a m ®m > m M ,- ,n � x �o cZ n o 1m=mmVHM �� 0-4 x _am- DO O mm<lozom� Z0C � j�� v Z' oe = N �x=`m��0p ZOO _i,V_� n rt > 2a�za nm <a �CZ �r� x D N h� m ate- z my RILL Q O D J Myp -lpzy, n(0 =0 Z 0 m mOm,m� {�� m W O C- m 0 'MgvD'Dm� ci`� m ZOmmcmm 2n� ® CO) o {mcDnmvva D20m DD�m2zm�,p G) C� m z D am m-0O D m O Z o 8> m -1 z woo --imm0 f �C r -.Z. m O m m m o� 3;a�y Dy- o m ao+ ^�mm v_ s � Ln m y y p C) a m ;0 y O m °p oNd�'', C c = ,0 ws z < °a <0/a my n dN,co> 3 oD O o1DZ r- aZ z 3 1 0 cn z < y j �`°< 2.2 D 0 0 -� D m / 0 0 .� f� z M-' -4 (n to to D U) �..� p 1m > m r I� ^ r n �,Q C o m m z - lode ve m m -� °% v W FNP WO m z ti " W �O o _ O r, Z D T Q m m O O• l�h z x C m p D �1 r No 0 CrQ ODm C >Z m 0 (� N Z v v 3 0 O I m m m D D x0 O m y a 0 9 < m Z z z �i m m O O m O r z _ m Ch � � m n O X W 0 0 m m m 0 v r 1 r v 9 m as D D D m _ t m 7C r ao 7D z px N o r En Mr, I VI e -I r%. m n Z m. Q n n n c.. qj mn J s Y' x X m� Z r A D O y -1 r x,x v z 0 G 0Dy°°Dm 0 t D 'Z 0 tTlN C" soul. South Miami CITY OF SOUTH MIAMI s FNQbRP08At1 • � �® 1927 OFFICE OF THE CITY MANAGER �0 Rev INTER- OFFICE MEMORANDUM 2001 To Honorable Mayor, Vice Mayor & Date: February 7, 2006 City Commission From: Maria V. Davis Agenda Item # City Manager Re Authorizing the 'City Manager to execute a professional service Work Order with MSA for the City- -wide Water Main Improvements RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO MILIAN, SWAIN & ASSOCIATES, INC. {MSA} FOR SURVEYING, ENGINEERING DESIGN, PERMITTING, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITY-WIDE WATER MAIN IMPROVEMENTS IN AN AMOUNT OF $55,783.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106-1712 - 536 -6435 & 106- 1712- 536 - 6436; PROVIDING' AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: As one of the City's professional general engineering consultants, MSA will provide surveying services, design, bid/permitting and construction phase professional services for the city -wide water main improvements within the following streets: • SW 52"d Terrace from SW 65m Road to SW 67 ' Avenue • SW 5r Terrace from SW 6e Road to SW 6r Avenue • SW 65"' Road from SW 52`d Terrace to SW W d Terrace • SW 6e Avenue from Miller Road to 5200 block of SW 6e Avenue • SW 53rd Street from SW 6e Avenue to SW 6e Court • 5200 block of SW 63`d Court In addition to extending main distribution pipes along each street, :service lines will be stubbed -out to each property and fire hydrants will be provided along each street for fire protection. These professional services will be funded through the South; Florida Water Management District grant account numbers 106- 1712- 536-6435 in the amount of $35,000 and 106- 1712 - 536 -6436 in the amount of $20,783, with account balances of $35,000 and $190,000, respectively. RECOMMENDATION: It is recommended that the City Commission approve the resolution. 2 „� Page 2 of 2 Comm. Mtg. Agenda February 7, 2006 l'4L MEN B o Proposed Resolution R • M's' Work Order for Professional Services • General Engineering Services agreement with MSA • Project Location Map 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 PROFESSIONAL SERVICE WORK ORDER TO - MILIAN, SWAIN & ASSOCIATES, 6 INC. (MSA) FOR SURVEYING, ENGINEERING DESIGN, PERMITTING, BID AND 7 CONSTRUCTION PHASE SERVICES FOR THE CITY -WIDE WATER MAIN s IMPROVEMENTS IN AN AMOUNT OF $559783.00 TO BE CHARGER TO SOUTH 9 FLORIDA WATER, MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106 - 10 1712-536-6435 & 106-1712-536-6436; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to provide 13 much needed potable drinking water for City residents; and 14 15 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the 16 professional services of MSA for surveying services, engineering design, bid/permitting and 17 construction phase services for City -wide Water Main Improvements; and 1s 19 WHEREAS, the streets within the boundaries of the improvements are defined as: SW 20 52nd Terrace from SW 65d` Road to SW 67h Avenue; SW 53r4 Terrace from SW 65th Road to 5W 21 67h Avenue, SW Oh Road from SW 52!d Terrace to SW 53rd Terrace; SW 63rd Avenue from 22 Miller Road to 5200 block of SW 63rd Avenue, SW 53rd Street from SW 63rd Avenue to SW 63rd 23 Court and 5200 block of SW 63rd Court; and 24 25 WHEREAS, the City-wide Water Main Improvements professional services will be 26 funded through the South Florida Water Management nt District grant. 27 28 NOW, THE FORE, _ BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 29 OF THE CITY OF SOUTH MIAMI, FLORIDA, T: 30 31 Section 1: The City Manager is authorized to execute a Work Order with MSA in 32 connection with the surveying, engineering design, bid/permitting and construction phase services 33 for City -wide Water Main improvements project, in an amount of $55,783.00. 34 35 Sects The City -wide Water Main Improvements' professional services will be fimded 36 through the South Florida Water Management District grant account numbers 106 -1712 -536 37 6435 in the amount of $35,000 and 106 -1712- 536 -6436 in the amount of $20,783, with account 3$ balances of $35,000 and $190,000, respectively. 39 40 Sects The attached proposed Professional Service Work Order, is made part of the 41 resolution. 42 43 Sects This resolution shall take effect immediately upon execution. 44 45 SIGNATURE PAGE TO FOLLOW i PASSED AND ADOPTED this day of 2006. 2 3 APPROVED: ATTEST: 4 5 6 7 CITY CLERK MAYOR 9 READ AND APPROVED AS TO FORM: Commission Vote: 10 Mayor Russell: 11 Vice Mayor Palmer: 12 Commissioner Wiscombe:, 13 CITY ATTORNEY Commissioner'Birts- Cooper: 14 Commissioner Sherar 15 16 c and settinpxmckewy Docwnents\word Dm mcwsutesolutionwatarMai MsA doc M /ldate, Swaim & Associates, lne. MSA Civil & Environmental Engineers 2025 S W. 32nd,4venue, Miami, Florida 33145 ie& (305) 44l -0123 fwv (30S)441 -4688 City of South Miami PUBLIC WORKS DEPARTMENT "Citywide Water Main Improvements,, City of South Miami, Miami -Dade County, Florida §D9R% OF ERVICFS December 19, 2005 Revised: January 5,;2006 PROJECT DESCRIPTION The project consists of the preparation of construction documents for the construction of water distribution system improvements within the limits depicted in attached Exhibit A: "Project Location Map ". Milian, Swain & Associates, Inc. (Consultant) proposes the following Scope of Services: PHASE 01: SURVEY a. The Consultant will retain the services of a professional land surveyor registered in the State of Florida to perform a specific purpose survey of approximately 3,5oo' .f, of public road rights of way within the limits depicted in attached Exhibit A ( ±200 If). b. The Surveyor will locate all utility castings, existing driveways (identify if asphalt, concrete, etc.), mailboxes, trees (provide trunk diameter), medians, curbs, signs and all other significant above ground features for the entire width and length of the affected road right of way. c. The Surveyor will provide rim /grate, invert elevations, pipe diameters and pipe direction at all accessible drainage structures and 'sanitary sewer manholes. Provide cross- sectional spot elevations @ 100' intervals and at high and low points within the affected roadway, including sidewalk (front and back), swale (top and bottom), edge of Pavement and centerline /baseline. All existing elevations shall be based on NGVD datum. d. The Surveyor will prepare plan view of survey to contain ALL survey information gathered in'the field and baseline of survey stationing proceeding from South to 'North and West to East, as applicable for the project. e. Survey will be prepared by the Surveyor in AutoCAD format using size "D ",(24" x 36 ") sheets and the City's standard sheet title block format. f. The Surveyor will provide two (2) signed and sealed hardcopies and two (2) electronic copies to the Consultant. Consultant will provide One (1) hardeopy and one (1)` electronic copy to the City. ti �''IO.N.Me.. MI OtnInNHmnnwene.MMU.Nd YM16f�4n7'nuY Lknnm ➢Ilalll.f.'14ti4anMMrm.nctl anlY wliAtbl<alw,,.d]In9>�!K PHASE 02: DESIGN AND PERMITTING a. Attend initial coordination (Kick off) meeting with the City of South: Miami. b. The Consultant will obtain a Design Ticket from Sunshine State One Call of Florida, Inc. and request as built information from utility companies listed as having potential utilities within the project area. In addition, the Consultant will request pertinent underground records from the City's department of Public Works and purchase pertinent water and sewer as -built from the Miami Dade Water and Sewer Department. c. Based on review of the topographic survey and record drawings of existing utilities, water and drainage system(s) within the project corridor, the consultant will prepare design drawings (Plan and Profile) for new 8 -inch watermain extensions (Approximately 3,500 I.f.) and related appurtenances (i.e. fire hydrants, water services and water meters) to serve existing residential properties abutting the project area depicted in Exhibit A. The construction drawings will be prepared in conformance <with MDWASD, DERM and Health Department standards. f. Prepare 50% construction documents (PLAN VIEW Drawings and Outline Technical Specifications) for the proposed improvements and preliminary Opinion of Probable Construction Costs. g. Submit two (2) copies of the 50% Design package to the City for review and approval. h. Prepare presentation material and _attend one (1) public meeting with area residents to present the proposed watermain extension routes. The meeting will be attended by the consultant's Project Manager. i. Prepare 100% construction documents incorporating City's 50% review comments, to include all 'proposed water distribution system improvements depicted in Plan & Profile views. The proposed design will address utility crossings and pavement restoration within the affected roadway segments, pertinent water distribution system details (incorporated by reference from MDWASD's Standard Details), pavement restoration and :Updated Opinion of Probable Construction Costs. j. Edit ,sample of Master Front -End and Bid Forms provided by the City as needed to reflect specific conditions of the project. Prepare technical specifications for the proposed improvements following the format established by the City of South Miami. k. The Consultant will assist the City in obtaining approvals from the following agencies: • City of South Miami Public Works Department (DRY RUN & FINAL) • MDWASD (DRY RUN & FINAL) • Miami Dade Co. Fire Department (FINAL) • Miami Dade DERM = Water Supply and Wastewater Sections (FINAL) • Miami Dade Health' Department (FINAL) n, Identify all processing and permit fees required by the regulatory agencies and request fees from the City. All applicable Permit fees are to be paid directly by the City. o. Prepare and submit the DEP Watermain application packages and processing fees as required for review and approval. P:Tr YOF SOUTH MIAMI'S) WATERMAIN MENSION• MILLER AREXFINAL PROPOSAL(T)sc ..fn i... 121905.UOC ^. � -r•�S< <, `e`� .ice+ -. 9:.,.° 5 _ .�. ..:�,�1'"P ':.`.r�.n"'m _ :,. ; m .. p. The Consultant will retrieve the permit package(s), revise the plans if needed and deliver approved drawings to the City. q. The consultant will submit the Final design package to the City containing the following; • Two (2) sets of Opinion of Construction Costs. • One (1) electronic copy of the final drawings, Project Manual and Opinion of Probable Construction Costs. • Twenty Four (24) sets of the FINAL drawings and Project Manual for bidding purposes. • Construction Drawings approved by the regulatory agencies. PHASE 03: BIDDING & CONSTRUCTION PHASE The Consultant will provide assistance during the bidding and construction phases of the project as follows'. a. Attend Pre -Bid Meeting with the City and prospective bidders. b. Respond to bidder's RFI's and issue addenda and clarification of the construction documents, if needed. c. Tabulate and evaluate bids received, check references of responsible lowest bidder and make Consultant's recommendation to the City. d. Attend pre- construction meeting with the City and selected contractor. e. Review shop drawings of the proposed improvements. f. Perform periodic construction observations on a weekly basis (based on a ;16 week construction period) limited to 16 site visits @ 2.0 hrs per visit' = 32 hours max.) to observe the general status and progress of the work. Write and distribute construction observation report after each site visit. NOTE: Construction Observations by the Consultant are limited to observing the work and materials that are to become part of `a completed project in conformance with the approved construction documents. The implementation and monitoring of construction safety programs is the responsibility of the Contractor and is not part of the Consultant's, Scope of Services. The Consultant will not be head responsible for Contractor's construction means, methods, techniques, sequences or 'procedures, or for safety precautions and safety programs connected with the work. g. Review Contractor's monthly payment request(s) and make recommendations as to the requested' payment based on Consultant's opinion of the actual status and progress of the ,work. h. Review request for Change Orders submitted by the Contractor and submit to the City, the Consultant's opinion and recommendations) on said Change Order request(s). i. Perform a Substantial Completion Construction observation of the proposed improvements, to ensure that the work completed meets the minimum requirements' for substantial' completion in accordance with the Contract Documents, including preparation of a Punch List of any defects and discrepancies in the work. P1CffY OF SOUTH MIAMI(3) WATERMAIN EXTENSION- MILLER AREATINAL PROPOSAL`(2)s pcof: A... 121903.DOC j. Perform a Final Construction Observation to ensure satisfactory completion of all items in the Punch List. k. Review As- built drawings prepared and certified by the Contractor's surveyor. 1. Prepare and submit Certification of Watermain Construction Completion to Miami Dade County Health Department. m. Recommend execution of a Certificate of Final Acceptance and final payment to the Contractor upon satisfactory completion of all items in the Punch List and receipt of all necessary close - out - documentation from the Contractor. COMPENSATION Compensation shall be based on a Fixed Fee Basis. The total fixed fee for this project including sub- consultant services is $55,783.00. A breakdown of the work effort required to perform the tasks contained in this proposal is included in attached Exhibits B. The Consultant will submit monthly invoices for services rendered and costs incurred in accordance with the invoice submittal format contained in current Professional 'Services Agreement between the City of South Miami (City) and Milian, Swain & Associates, Inc. (Consultant). WORK AUTHORIZATION "Water Distribution System Improvements" City of South Miami, Miami -Dade County, Florida The City of South Miami (CLIENT) and Milian, Swain & Associates, Inc. (Consultant) agree with the above scope of services and compensation terms. Milian, Swain & Associates, Inc. City of South Miami It te Approved this day of that'(,,, 2006 Approved this day of , 2006 By: C- C�C.t� By: Arsenio Milian, P.E. Name &'Title President -END - P: \CITY OF SOUTH MIAMIY3) WATERMA EXTENSION - MILLER AREA \FINAL PROPOSALI(])..,p of— A-121905.DOC �.. fi d"r'fi"v",+¢z,r•� ry T. s� LL m� _ m ui N pp t? N N er i F Q 4 G cm w :;R ti co °o °o Q 4 Z AS W Q e G o o °o C3 C3 L6 IL 'N lz o z :3 E c ° ° oo co F Z O� a $ O O 06 6 N CID �" Te W� R ° w _ LU LL 401, o m' s o o N o 9 c+1 a g+ r o Q O O ip W eR T h N IL CP m $ a I ° g LU IL LU M a m �L ° CN' D CS °o ° FL } H d a �_ a d, z Q }} o a �, L w p 2i 9 r c a C CL F$A Eo m O W �!p+ W 3 Sea- Vol m -� �s0 0® w.. _. No WF,SD accts - Nov2005 Laken & canals ° - - Existing Water Mains � City Boundary L. Existirg 48" Wa-ler Main 0 100 200 300 400 500 600 70) 800 900 1,000 o Feet 1� D'i CST" 5 J-:1 M D Ts c i, PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this RQ day of &V_eM TQ4 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and MILIAN, SWAIN AND ASSOCIATES, authorized to do business in the State of Florida, referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this agreement, the CTI'Y agrees to employ the CONSULTANT for a period ending on December 1, 2007, and the CONSULTANT agrees to perform all professional services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00 or studies which do not exceed $25,000.00, herein after called the "SERVICES SECTION 1 GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3 Additional Professional Services,, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required.. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CTTY. The CITY reserves, at all times, the right to perform any and all engineering work in -house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK 1;4 The CONSULTANT will submit aproposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. •, 'F."a _ — t".. m �'"" .a""'k �'"'H�', ;Y:°s?T^r ,s ,^'- -''°; _ - _ —`"ms's a'"v rte'; . '' °�'1*' a i 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions , promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CTI Y'S representative advised on the project status at all times. 11.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SERVICES" 2.1 General Engineering eering Services The professional services to be provided by the consultant are as follows: A. Roadway engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic' control devices, striping, lighting, speed reduction devices and incidental landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Water Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Traffic engineering services will include daily volume counts, data analysis, preparation of conceptual improvements plan, present reports and recommendation to stakeholders and preparation of final traffic engineering report. E. Environmental Engineering, to including, site investigation and design needed to prepare remediation; plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. F. Other incidental services associated to the above items. 2,2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which; completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional engineering services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to co-ordinate his effort with that of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by • Professional Services Agreement General Engineering Services December 2004 Page 2 of 16 i ., rnc: v .. �`°`i,`";t °�3'- '':"4'�- ? A, r... n _ s;rw,w?.'"s•; F the CITY shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase I- Preliminary and Schematic Design A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless' advised otherwise) shall consist of a vicinity plan and blow- up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such approval. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPI, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and ■ Professional services Agreement General Engineering services December 2004 Page 3 of 16 Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S -best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CTTY and he shall not proceed with the next Phase until directed by the CITY. 2.2.2 Phase II — Study and Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included: C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3' Phase III — Final Design / Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South `Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36 paper' ( "D" size), on the City's standard sheet format, unless approved otherwise. ■ Professional Services Agreement General Engineering Services December 2004 Page 4 of 16- C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: I. Non- drawing submittals in Microsoft Office format. 2. Drawings in AutoCAD'format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the 50% documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CTTY. F. - A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, ; unless the CITY increases' the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost' reductions sufficient to enable construction within the funds available. ` G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated .Statement of Probable Construction Cost along with two (2) ,copies each of Check Set of drawings, specifications, reports, programs, etc., without additional', charge, for a final review and comments or approvals. H. The "CONSULTANT shall make all the necessary presentations to the appropriate CITY' Boards (such as Environmental Review Board, Historical Preservation' Board etc.) for the final approval. L The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check set shall be returned to the CITY. Upon final approval by the CITY, the CONSULTANT shall = furnish to the CITY a minimum of 24 sets` of drawings and specifications, at no additional cost to the CH Y, for bidding, purposes, unless instructed otherwise. I The CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents ; meet the necessary' requirements to obtain all the necessary permits for construction. CONSULTANT shall ■ Professional Services Agreement General Engineering Services December2004 Page 5 of 16 respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV - Bidding and Negotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre - Qualification of bidders is required as set forth in the - Request for :Qualification,: CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders.' D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:' I approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved' by the CITY and rebid the Project, or 4. suspend or abandon the Project, or 5. exercise all options under the City Charter and State Law. NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re-bids, and awarding the- re-bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is over 15% of the CONSULTANT estimate. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V - General Administration of the Construction Contract: A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. • Professional Services Agreement General Engineering Services December 2004 Page 6 of 16 B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. C. The CONSULTANT shall attend pre - construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CHY against defects and deficiencies in the WORK The CONSULTANT may be required to provide continuous daily on -site observations to check the quality or quantity of the WORK as set forth in this Agreement' and defined by the Scope of WORK issued for the individual project. On the basis of the on-site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK' immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall' ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the - Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend, approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1. an evaluation of the WORK for conformance with the contract documents upon substantial' completion: 2. the results of any subsequent tests required by the contract documents. 3. minor deviations from the contract documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will ■ Professional Services Agreement General Engineering services December 2004 Page 7 of 16 have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. L The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. 1. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor 'shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up' and testing, adjusting and balancing of equipment and systems, and, 3) final clean -up of the project. 2.2.6 Phase' VI - Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY, reproducible record drawings updated based on information furnished by the Contractor, such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guaranteelwarranties for correction. He shall assist the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional' Services ■ Professional Services Agreement General Engineering Services December 2004 Page 8 of 16 t Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fiunished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause' during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause' is found by the CITY to be other than by fault of the CONSULTANT. L Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). I The services of one or more full-time Project Representatives. Y- Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. ■ Professional Services' Agreement General Engineering Services December 2004 Page 9 of 16 M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. SECTION 3 - TEVIE FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. SECTION 4 - BASIS OF COMFENSATION The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK Upon ,agreement of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately, thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY and the CONSULTANT: B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following: Ca Hourly Rate Principal $145 Project Manager $110 Senior Engineer $95 Engineer $85 Construction Manager $95' Construction Inspection $72 Senior Draftsmanfrechmeal/CADD Operator $65 Draftsmen $60 Data Processing / Clerical $50 Hourly rates will include all wages, benefits, overhead and profit. ■ Professional Services Agreement General Engineering Services December 2004 Page 10 of 16 SECTION 5 - PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phases 15% upon completion and approval of Phase I. 35% upon completion and approval of Phase H. 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. 75% upon 100% completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORK Phase V). 100% 1 upon final' completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information:' L The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. d. Amount earned: C. Amount previously billed. f. Due this invoice. g. Balance remaining h. Summary; of work done this billing period. i. Invoice number and date. 3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6 - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and ftilfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable.' In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either party, in accordance with the Industry Arbitration Rules of the American Arbitration' Association. • Professional Services Agreement Geneml Engineering' services December 2004 Page I 1 of 16 SECTION 7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CITY. SECTION S - COURT APPEARANCES: CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9. NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time doling the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11= SUBLETTING The CONSULTANT, shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the,CTI'Y. SECTION 12 - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed; to pay any ,company or person other than a bona 'fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the MY shall have the right to annul this contract without liability. ■ Professional Services Aereement' Generel Engineering Services December 2004 Page 12 of 16 SECTION 13. TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CH Y'S sole obligation to the CONSULTANT shall be payment for those units or sections of the WORK previously authorized in accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 - DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shall remain in fall force and effect for a period ending December 1, 2007, although the actual completion of performance may extend beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at the end of the initial period. SECTION 16 - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other parry in default and notify him in writing. In such event the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable attorneys fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The = does not waive sovereign immunity from awards of prejudgment interest SECTION 17 - INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the C]W. The CONSULTANT shall indemnify and save the C= harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANT'S professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibil ity or liability of the CONSULTANTS or Sub-consultants, the registered professionals under this Agreement. The CONSULTANT shall maintain during the term of this Agreement the following -insurance: ■ Professional Services Agreement General Engineering Services December 2004 Page 13 of 16 A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, ` contractual liability, sevembility of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured and shall reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter. amended. D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that CPTY may have. The Y reserves the right to request a copy of the MY policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. The CONSULTANT shall 'furnish certificates of insurance to the CITY prior - to the commencement of operations; which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CTI'Y. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 - AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. ■ Professional Services Agreement General Engineering Services December 2004 Page 14 of 16 AW SECTION 19 - CODES. ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a) SECTION 20 - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties` hereto, upon appropriate action by the City Commissioners. IN VdTNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.1.3'0q-'llR(oL duly passed and adopted by the City of South Miami City Commission nmr, 6";w0y ATTEST: / CITY OF SOUTH MIAMI a Menendez, City Cler Maria V. vis, City Manager ATTEST- CONSULTANT: STATE OF F A ) ss: Acknowledgement of City of South Miami COUNTY OF DADS The foregoing instrument was acknowledged d be f or e me this � (lay _ , 2004 by MARIA V. DAVIS and MARIA NMSTENDEZ, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CH Y, who are personally known to me. ■ Professional Services Agreement General Engineering Services December 2004 Page 15 of 16 I 1 1 711 Notary Public, State of Florida Print name: RY P& Or AIALGARC L { ' commiss101 ` < DD061636 STATE OF FLORIDA ) rre, ��° MY COMMISSION EXPIRES OF f OCT. 2.2005 ss: Acknowledgement of Consultant t0 COUNTY OF DADS The foregoing instrument was acknowledged before me this day of �� 2004 by Of the CONSULTANT. He is personally known to me or has produced 1 ►� �c rrx/as identification. ez Notary Public, State of Florida Print 4I ~(�a EUNICEM.CHUNG CO �' Nclary Public - Stale of F1Odda ? • �' 5 APPROVED AS TO FORM & CONTENT �' ' °`��''' f om, R DI) nro . sr Sy.'n'•Y •M J• rty�t r� ■ Professional Services Agreement General Engineering Services December 2004 Page 16 of 16 s �''i'"f '�„'cT- `- 5��"1��. �a.s:.,.rv�fi". z;,,- r—��r- :.;•m-.,x^ ..,a'..r ;:�� ..s.- +• UT South Miami U " CITY OF SOUTH MIAMI ISM OFFICE OF THE CITY MANAGER o It .110) INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Date: February 7, 2006 and City Commission le From: Maria V. Davis , � Agenda Rein # SO City Manager Re Authorizing the execution of a FY 2006 grant contract with the Miami- Dade County. Office of Community and Economic Development for The After School House Program RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF $50,000 FOR THE PROVISION OF AFTER SCHOOL PROGRAMMING AND TUTORING SERVICES FOR THE AFTER SCHOOL HOUSE PROGRAM; PROVIDING AN EFFECTIVE DATE_ BACKGROUND & ANALYSIS; Following a grant application submitted to the Miami -Dade County Office of Community and Economic Development (OCED) on August 24, 2005, OCED awarded an initial $15,000 grant to the City for The After School House for after - school tutoring and homework assistance. Notice of the grant amount was sent to the City on December 19, 2005. Following the Public Hearing at the Miami- Dade Board of County Commissioners on January 23, 2006, the $15,000 grant amount was approved. The grant is funded through the Miami -Dade County Community Development Block Grant (CDBG) program for fiscal year 2006. Per the County's recommendation for all CDBG grants, the attached Resolution states that grant funds shall not exceed the amount of the original grant request ($50,000), in the event that additional funds are reallocated or increased during the FY 2006 program year. However, ,the City is guaranteed to receive a minimum of $15,000 as approved at the January 23, 2006 County Commission meeting. RECOMMENDA The Administration recommends approval and adoption of this resolution: 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE 6 MI � DADE COUNTY OFFICE OF COMMUNITY ]ECONOMIC 7 DEVELOPMENT IN AN AMOUNT OF TO THE MAXIMUM AMOUNT OF 8 $50,000 FOR THE PROVISION OF AFTER SCHOOL PROGRAMMING AND 9 TUTORING SERVICES FOR THE AFTER SCHOOL ROUSE PROGRAM; 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission wish to accept FY 2006 grant funds from the 13 Miami -Dade County Office of Community and Economic Development, and 14 15 WHEREAS, the grant will provide funds for after - school tutoring and homework 16 assistance; and 1? 18 WHEREAS, the Mayor and City Commission authorize the City Manager to execute the 19 grant contract for a FY 2006 Community Development Block Grant (CDBG) with the Miami -Dade 20 County Office of Community and Economic Development. 2.1 22 STOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 23 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 24 25 SICAgn 1. The City wishes to accept the FY 2006 CDBG award from the Miami -Dade 26 County ice of Community and Economic Development. 27 28 action . The Mayor and City Commission authorize the City Manager to execute the FY 29 2006 ;grunt contract with the Miami-Dade County Office of Community and Economic 30 Development. 31 32 Section 3. This Resolution shall be effective immediately upon adoption. 33 34 PASSED AND ADOPTED this day of 2006. 35 36 ATTEST: APPROVED: 37` 38 39 40 CITY CLERK MAYOR 41 42 43 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 44 Mayor Russell: 45 Vice Mayor Palmer: 46 Commissioner W scombe: 47 Commissioner Birts- Cooper: 48 CITY ATTORNEY Commissioner Sherar: 49 C :UDoeuments and SetfingsiMckeWy DocumagskWord Downiettt MOSoludonOCEDGrantA$H.doc 3 m m o D a m o D rm H ,ODD mca CHI CD IZ �. O� ro ym ro m n V Z c n n 1 Z (n -1 Z •�D �_� Z > �v n ^ ^ ^ Nm8D -i -� mM\m CQ a N Lin A L71 Z' � S o ,7 v nv m c a€ Q� Zv +T f v $ € o 0 3 A.N. a 3 0 ° W ° T' o w o C { a�P IN a ti+ y a 'n\ � { o o € 0 o c a € { ,5'c (N jw 8 6 O o z O O C OWN'. o o o Z a$ Mi to -N tw o P+ Ss 00 oo P OO South Miami sour9 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER IF c G 11K.I INTER.- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Date: February 7, 2006 and City Commission 1 From: Maria V_ Davis l Agenda Item # City Manager CJ Re Authorizing the execution of a FY 2006 grant contract with the Miami- Dade County Office of Community and Economic Development for Church Street Improvements Phase 11 RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION ' OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT IN AN AMOUNT ;UP TO THE MAXIMUM AMOUNT OF $430,000 FOR CHURCH " STREET IMPROVEMENTS' PHASE II PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: Following a grant application submitted to the Miami -Dade County Office of Community and 'Economic Development (OCED) on August '24, 2005, OCED awarded an initial $140,000 grant to the City for the Church Street Improvements Phase II. Notice of the grant award amount was sent to the City on December '19, 2005. Following the Public Hewing at the Miami -Dade Board of County Commissioners on January 23, 2006, the grant amount was approved. The grant is funded through` the Miami -Dade County Community Development Block Grant (CDBG) program for fiscal year 2006. Per the County's recommendation for all CDBG grants, the attached Resolution states that grant funds shall not exceed the amount of the original grant request ($430,000), in the event that additional funds are reallocated or increased during the FY 2006 ;program year- However, the City is guaranteed to receive a minimum of $140,000 that was initially approved at the January 23, 2006 County Commission meeting. RECOMMENDATION: The Administration recommends approval and adoption of this resolution. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 EXECUTE _A FY 2006 GRANT AGREEMENT WITH THE MIAMI -MADE 6 COUNTY OFFICE OF COMMUNITY ECONOMIC DEVELOPMENT IN 7 AN AMOUNT UP TO THE MAXIMUM AMOUNT OF $430,000 FOR CHURCH 8 STREET IMPROVEMENTS = PHASE II; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission wish to accept FY 2006 grant funds from the I I Miami -Dade County Office of Community and Economic Development and; 12 13 WHEREAS, the grant will partially fund the Church Street Improvements Phase H, and; 14 15 WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant 16 contract for a FY 2006 Community Development Block Grant (CDBG) with the Miami-Dade County 17 Office of Community and Economic Development 1S 19 NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, FLORIDA THAT: 21 22 Section 11. The City wishes to accept the FY 2006 CDBG award from the Miami -Dade County 23 office of Community and Economic Development. 24 25 Section 2. The Mayor and City Commission authorize the City Manager to execute the FY 26 grant co . ct with the `ami Dade County Office of 'Community and Economic Development. 27 28 5ection 3. This Resolution shall be effective immediately' upon adoption. 29 30 PASSED AND ADOPTED this day of 2006. 31 32 APPROVED: ATTEST: 33 34 35 36 CITY CLERK MAYOR 3? 38 READ AND APPROVED AS TO FO COMMIS SION VOTE: 39 Mayor Russell: 40 Vice Mayor Palmer' 41 Commissioner Wiseombe: 42 Commissioner Birts- Cooper. 43 CITY ATTORNEY Commissioner Sherar:; - 44 45 C:W- -menU and SetuinPLkickeWY DocumentAWord Documentst ResolutionOGEDGrantChur ah&teetdoc 1 .• 11-11 :•: -- "T. --,T .—,—a, a., r'�, *"7'.2,i —w ''—" ' Ms. Joanna Revelo Activity ID: 4010 Director Category: Capital City of South Miami Improvement 6130 SUNSET DR S MIAMI, FL 33143 Source: CDBG Subject: FY 2006 RFA Recommendations Activity Title: Reconstruction Of Church Street- Phase II Recommendation: $140,000.00 Dear Ms. Revelo: Thank you for submitting an application for funding through the FY 2006 Consolidated Planning Request for °Applications (RFA) process. The Miami -Dade Office of Community and Economic Development (OCED)'in close coordination with Miami - Dade Housing Agency and the Miami -Dade Homeless Trust has developed a proposed FY 2006 Action Plan as an integral part of the update to FY 2003 -2007 Consolidated Plan.- Staff recommendations have been made for CDBG, HOME, HODAG, Rental Rehabilitation and ESG programs. SHIP and Surtax' funding recommendations are not subject to 30 -day public comment period requirement. Noted above is the ` total ' amount recommended for your funding request. This recommended amount consists of a total of Community Advisory Committee funding (CAC), BCC District fund allocations and staff recommendations. Please note staff recommendations are subject to change by the Board of County Commissioners pursuant to input from the Affordable Housing Advisory Board (AHAB), Task Force on Urban Revitalization (URTF) and Office of the County Manager, at the time of final Commission action. A public hearing to consider the FY 2006 Action Plan funding recommendations and those of the State Housing Initiatives Program (SHIP) and Surtax Program will be held before the Board of Miami -Dade County Commissioners' Community Empowerment & Economic Revitalization Committee, 'tentatively scheduled for 2:00 p.m. on January 17, 2006, in the Commission Chamber located on the 2 "d level of the Stephen P. Clark, 111 N.W. First Street, Miami, Florida. The public is invited to attend and comment. The Board is tentatively scheduled to approve the FY 2006 Action Plan on January; 24, 2006. The Public is also advised that based on previous years of US HUD allocations, this year's allocation process has been faced with the greatest challenges. Nationally, for the last two years, US HUD has faced severe budget cuts, resulting in a 15% cut for 2005 and 2006 (6% and 9 % respectively.) In addition to the overall Entitlement reduction, the new City of Miami Gardens has opted out of the Miami -Dade County Entitlement, thus, reducing the County Entitlement by an estimated $2.5 million. OCED encourages residents of Miami -Dade County to express their comments regarding the proposed FY 2006 Action Plan by writing to Silvia M. Unzueta Acting Director, Miami -Dade County Office of Community and Economic Development at 140 West Flagler Street, Suite 1000, Miami, Florida 33130. Written comments on the FY 2006 Action Plan must be received by and will be accepted until January 19, 2006. Please contact our staff at 305 - 375 -3422, if you should have any questions regarding this item. Sincerely, Silvia M. Unzueta Acting Director SMU /za j OFFICE OF COMMUNITY AND IM MM I .DAD E ECONOMIC DEVELOPMENT Director's Office PHONE: 305- 375 -3848 FAX: 305- 375 -3428 140 W. FLAGLER STREET, SUITE 1000 smWEDmiamidade.gov MIAMI, FL 33130 -1561 www.miamidade.gov /ced/ December 19, 2005 Ms. Joanna Revelo Activity ID: 4010 Director Category: Capital City of South Miami Improvement 6130 SUNSET DR S MIAMI, FL 33143 Source: CDBG Subject: FY 2006 RFA Recommendations Activity Title: Reconstruction Of Church Street- Phase II Recommendation: $140,000.00 Dear Ms. Revelo: Thank you for submitting an application for funding through the FY 2006 Consolidated Planning Request for °Applications (RFA) process. The Miami -Dade Office of Community and Economic Development (OCED)'in close coordination with Miami - Dade Housing Agency and the Miami -Dade Homeless Trust has developed a proposed FY 2006 Action Plan as an integral part of the update to FY 2003 -2007 Consolidated Plan.- Staff recommendations have been made for CDBG, HOME, HODAG, Rental Rehabilitation and ESG programs. SHIP and Surtax' funding recommendations are not subject to 30 -day public comment period requirement. Noted above is the ` total ' amount recommended for your funding request. This recommended amount consists of a total of Community Advisory Committee funding (CAC), BCC District fund allocations and staff recommendations. Please note staff recommendations are subject to change by the Board of County Commissioners pursuant to input from the Affordable Housing Advisory Board (AHAB), Task Force on Urban Revitalization (URTF) and Office of the County Manager, at the time of final Commission action. A public hearing to consider the FY 2006 Action Plan funding recommendations and those of the State Housing Initiatives Program (SHIP) and Surtax Program will be held before the Board of Miami -Dade County Commissioners' Community Empowerment & Economic Revitalization Committee, 'tentatively scheduled for 2:00 p.m. on January 17, 2006, in the Commission Chamber located on the 2 "d level of the Stephen P. Clark, 111 N.W. First Street, Miami, Florida. The public is invited to attend and comment. The Board is tentatively scheduled to approve the FY 2006 Action Plan on January; 24, 2006. The Public is also advised that based on previous years of US HUD allocations, this year's allocation process has been faced with the greatest challenges. Nationally, for the last two years, US HUD has faced severe budget cuts, resulting in a 15% cut for 2005 and 2006 (6% and 9 % respectively.) In addition to the overall Entitlement reduction, the new City of Miami Gardens has opted out of the Miami -Dade County Entitlement, thus, reducing the County Entitlement by an estimated $2.5 million. OCED encourages residents of Miami -Dade County to express their comments regarding the proposed FY 2006 Action Plan by writing to Silvia M. Unzueta Acting Director, Miami -Dade County Office of Community and Economic Development at 140 West Flagler Street, Suite 1000, Miami, Florida 33130. Written comments on the FY 2006 Action Plan must be received by and will be accepted until January 19, 2006. Please contact our staff at 305 - 375 -3422, if you should have any questions regarding this item. Sincerely, Silvia M. Unzueta Acting Director SMU /za j j 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO P.A. IN THE AMOUNT OF 7 $13,842.86; CHARGING $13,842.86' TO ACCOUNT NO. 001 - 1500 -514 8 3410, LEGAL SERVICES, NON- RETAINER; PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of South Miami approved 12 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing 13 payment of City Attorney non- retainer attorneys' fees and costs; and, 14 15 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for 16 legal services rendered, and costs advanced, for the period ending 17 January 27, 2006, in the amount of $13,842.86; and, 18 19 WHEREAS, as of January 23, 2006,` the existing balance on city attorney account 20 no. 001 - 1500 -514 -3410, legal services, non - retainer, is $88,287.21. 21 22 WHEREAS, the office of the City Attorney recommends payment of the attached 23 invoices. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The invoices for attorneys' fees and costs received from Nagin 29 Gallop Figueredo, P.A., in the total amount of $13,842.86 are approved for payment; 30 charging $13,842.86 to account no. 001 -1500- 514- 3410, legal, non- retainer. 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this day of February 2006. 35 36 ATTEST: APPROVED. 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 Additions shown by underlinina and deletions shown by evefstfiking. A�GI� �ALLflP �I��R�DO� Attor�n�ys �� Coz��as�lor 18001 Old Cutler Road - Fifth Floor City Attorney Account No. 001- 1500 - 514 -3410, Legal Services, Non- Retainer Account balance as of January 23, 20469 $88,287.21 0022 -002 Real Estate & Contracts Statement No. 18225 dated 01/27/06 Prof 1 Services Disburesments Total Due 600.00 0.00 600.00 0022 -068 Telecommunications Contracts Statement No. 18226 dated 01/27!06 Prof l. Services Disburesments Total Due $ 420.00 228.33 648.33 0022 -136 Rosenbaum v. CSM Statement No. 18229 dated 01127106 Prof 1 Services Disbursements Total Due 5,400.00 1.00 , 5,401.00 0022 -137 Special Master Statement No. 18230 dated 01/27106 Prof'1 Services Disbursements Total Due 1,200.00 5.76 1,205.76 0022 -162 Mohammed Abdulla Alhumoud Statement No. 18232 dated 01/27/06 Prof 1 Services Disbursements Total Due S 2,240.00 65.22 2,305.22 0022 -166 Kelly v. CSM Statement No. 18233 dated 01127106 Prof l Services Disbursements Total Due 300.00' 0.00 300.00 0022 -167 ERPB Appeal Matter Statement No 18234 dated 01127106 Prof' I Services Disbursements Total Due 100.00 0.00 100.00 0022 -171 Forfeiture of Currency Statement No. 18235 dated 01/27/06 Prof'1 Services Disbursements Total Due $ 500.00 351.65 851.65 0022 -172 Forfeiture of 1997 Black Mitsubishi Eclipse Statement No 18236 dated 01/27/06 Prof'1 Services Disbursements Total Due 100.00 15.56 115.56 0022 -173 Forfeiture of Currency Statement No. 18237 dated 01/27/06 Prof 1 Services Disbursements Total Due 2,020.00 295.34 2,315.34 Total 13,$42'.$6 Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAMI January 31, 2006 Do not hesitate to call me if you have. any questions regarding these statements.' Ve S . Figueredo LRF:reh Enclosures cc: Mayor and City Commission i Page 3' of 3 a Item No. Quantity' Description and Specifications Account Number Unit Price Total 1 - 10 Legal, Non - Retainer 001 -1500 -514 -3410 $13,842.86 $13,842.86 TOTAL $13,842.86' Purchase Order No 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 C arge- -`1 Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of a `artment Finance Department I City Manager NAGIN GALLOP FIGUEREDOP`L Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein ID: 0022 -002 ,Matter Interim Finance Director Real Estate &.Contracts. City of South Miami 6130 Sunset Drive Invoice Number 18225 City of South Miami, FL 33143 Hours Amount 1/4/2006 LRF Pediatric Clinic - made final revisions to the lease agreement. 0.80 160.00 1/12/2006 LRF Pediatric lease - revised lease agreement. 0.50 100.00 1/17/2006 LRF CSM Pediatric lease- exchanged a -mails with Mr. Saxon regarding 1.70 340.00 issues related to insurance coverage for purposes of finalizing draft lease agreement. Responded to Mr. Ricke's query regarding the applicability of County' ordinance governing parks to proposed lease agreement given the clinic's proposed location in Murray Park: 1/24/2006 LRF Incorporated Commission changes to Pediatric lease. 0.30 60.00 Total Professional Services 660.00 Rate Summary Luis R. Figueredo 3.30 hours at $200:00 /hr 660.00 Total hours:' 3.30 Payments 7/8/2005 - Payment Check No. 49633 520.00 Sub -total Payments: 520.00 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. y ., e Nagin Gallop Figueredo P.A. Matter ID: 0022 -002 Statement No.: 18225 Page: 2 For Professional Services 660.00 For Disbursements Incurred . 0.00 Current Balance: 660.00 Previous Balance: 520.00 Payments -Thank you 520.00 Total Due 660.00 Invoice Number: 18225 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 FIGUERED01 Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, ,Florida 33157 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Matter ID: 0022 -068 Interim Finance Director Telecommunications Contracts City of South Miami 6130 Sunset Drive Invoice Number 18226 City of South Miami, FL 33143 Hours Amount 1/18/2006 EAB_ Telephone conference with Mr. Todd Wells regarding Atlantic 020 ` 40.00 Broadband matter.` 1/23/2006 EAB Analyzed Orton and Massel proposal; telephone conference with 1.00 200.00 Mr. Wells; and emal communication with Ms. Davis regarding same. 1/25/2006 LRF Cable Franchise - Telephone conference with Susan Bisano 0.50 100.00 regarding areas in proposed agreement requiring modification; and teleconference with Maria Davis regarding same.` 1/25/2006 EAB Telephone conference with Mr. Wells. 0.40 80.00 Total Professional Services 420.00 Rate Summary Luis R. Figueredo `- 0.50 hours at $200.00 /hr 100.00 Eve A. Boutsis 1.60 hours at $200.00 /hr 320.00 Total hours: 2.10 Expenses Database Legal research 228.33 Sub -total Expenses: 228.33 Payments 12/28/2005 Payment Check No 051573 620.00 Sub -total Payments: 620.00 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. Fes.... .ai&` Nagin Gallop Figueredo P.A. Matter ID: 0022 -068 Statement No.: 18226 Page: 2 For Professional Services 420.00 For Disbursements Incurred 228.33 Current Balance: 648.33 Previous Balancer 3,940.00 Payments - Thank you 620.00 Total Due 3,968.33 Invoice Number: 18226 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 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Interim Finance Director Matter ID: 0022 =083 Planning Board City of South Miami 6130 Sunset Drive Invoice Number 18227 City of South Miami, FL 33143 Hours Amount 1/5/2006 LRF Worked on affordable housing ordinance. 4.80 960.00 1/5/2006 EAB Edited affordable and concurrency reservation ordinance. 2.00 400.00 1/6/2006 EAB Attention to park concurrency and affordable housing reservation 1.00 200.00 ordinance. 1/10/2006 LRF Teleconference with Mayor Russell regarding the same and 0.60 120.00 affordable housing, ordinance; Conference with Eve Boutsis re: Planning and Zoning; and Teleconference with Sandy Youklis re: same. 1/10/2006 EAB Prepared for P &Z meeting; and telephone conference with Mr. 1.50 300.00 Sandy Youkilis, regarding agenda items. 1/10/2006 EAB Continued to prepare for and attended P &Z meeting. 3.00 600.00 1/17/2006 LRF Meeting with Don O'Donniley and Sandy Youkilis regarding the 2.00 400.00 Valencia parking matter, proposed affordable housing and generator ordinances. 1/18/2006 EAB. Attention to affordable housing ordinance revisions. 0.20 40.00 1/19/2006 LRF Worked on affordable housing ordinance. 2.50 500.00 Total Professional Services 3,520.00 Rate Summary Luis R. Figueredo 9.90 hours at $20000/hr 1,980.00 Eve A. Boutsis 7.70 hours at $200.00 /hr 1,540.00 Total hours: 17.60 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 -083 Statement No.: 18227 Page: 2 Payments 12/7/2005 Payment Check No. 51182 700.00 12/28/2005 Payment Check No. 051573 3,760.00 Sub -total Payments: 4,460.00 For Professional Services 3,520.00 For Disbursements Incurred 0.00 Current Balance: 3,520.00 Previous Balance: 4,460.00 Payments - Thank you 4,460.00 Total Due 3,520.00 Invoice 'Number: 18227 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: '"__• _,'-- , -,,. - �T -t'^ °- ;t.G,'- „F'. °- .,,"mss' tnM;,�*;r,' ,��,r„ :?"s .%",'. �;. '�r -�'- — ps'�;P.,;_,.."F"4,, r „r. NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Matter ID: 0022 -136 Interim Finance Director Rosenbaum v. CSM City of South Miami 6130 Sunset Drive Invoice Number 18229 City of South Miami, FL 33143 Hours Amount 1/3/2006 EAB Attention to Rosenbaum litigation. 0.30 60.00 1/3/2006 EAB ' Email communications with Mr. Ed Guedes regarding oral 0.20 40.00 arguments and permits; and email communications with staff regarding same. 1/4/2006 EAB Attention to Rosenbaum litigation and permits. 0.20 40.00 1/6/2006 EAB Prepared for oral argument; and communications withMr. Guedes. 3.00 600.00 1/7/2006 EAB Prepared for Rosenbaum oral argument. 7.00 1,400.00 1/8/2006 EAB Prepared for oral argument; completed site review of 7000 SW 10.00 2,000.00 61st Avenue; analyzed CSM LDC parking section; and analyzed case law in anticipation of hearing. 1/9/2006 EAB Continued to prepare for and attended oral argument. 6.00 1,200.00 1/18/2006 EAB Attention to 3rd DCA opinion on Rosenbaum appeal; and email 0.30 60.00 communications with CSM comm'n and staff regarding success on appeal. Total Professional Services 5,400.00 Rate Summary Eve A.`Boutsis 27.00 hours at $200.00 /hr 5,400.00 Total, hours: 27.00 Expenses Photocopies 1.00 Sub- total Expenses: 1.00 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. Nagin Gallop Figueredo P.A. Matter ID: 0022 -136 Statement No.: 18229 Page: 2 Payments 12/28/2005 Payment Check No. 051573 137.25 Sub- total Payments: 1`37.25 For Professional Services 5,400.00 For Disbursements' Incurred 1.00 Current Balance: ` 5,401.00 Previous Balance: 139.73 Payments - Thank you 137.25 Total Due 5,403.48 Invoice` Number: 18229 To be properly credited, please indicate Invoice Number above on your remittance check. I II 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 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUEREDO P.A. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 331.57 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Matter ID: 0022 -137 Interim Finance Director Special Master Hearings City of South Miami, , 6130 Sunset Drive Invoice Number 18230 City of South Miami, FL 33143 Hours Amount 1/23/2006 EAB ` Prepared for special master hearing; analyzed agenda items; 1.00 200.00 telephone conference with Ms. Eva Rosa, Ms. Kenya Sorto; and email communications with Mr. David Struder regarding same. 1724/2006 EAB Telephone conference with Ms. Carol Bynum regarding code 0.20 40.00 enforcement/special master agenda. 1/25/2006 EAB Prepared for and attended special master hearings; and prepared 4.00 800,00 staff for same. 1726/2006 EAB- Attention to pending code enforcement matters; and drafted letter " 0.50 100.00 to appellant regarding procedures and meeting dates; and other pending zoning items. 1/26/2006 EAB Attention to Abdullah liens; and email communications with Ms. 0.30 60.00 Rosa. Total Professional Services 1,200.00., Rate Summary Eve A. Boutsis 6.00 hours at $200.00 /hr 1,200,00 Total hours: 6.00 Expenses Mileage 5.76 Sub- total Expenses: 5.76 Payments 12/28/2005 Payment Check No. 051573 2,740.16 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. �_- - j q_ „z Nagin Gallop Figueredo P.A. Matter ID: ,0022 -137 Statement No.: 18230 Page: '2 Sub - total: Payments: 2,740.16 For Professional Services 1,200.00 For Disbursements Incurred 5.76 Current Balance: 1,205.76 Previous Balance: 4,046.13 Payments - Thank you 2,740.16 Total Due 2,511.73 Invoice` Number: 18230 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 FIGUEREDOP.A. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Matter ID: 0022 -162 Interim Finance Director Mohammed Abdulla Alhumoud City of South Miami 6130 Sunset Drive Invoice Number 18232 City of South Miami, FL 33143 Hours Amount 1/3/2006 EAB Telephone conference with Mr. George Loft regarding foreclosure 0.40 80.00 update on the property and auction scheduled for 1/5/06 1/3/2006 EAB, Telephone conference with Mr. Brad Chandler regarding Abdullah 0.30 60.00 matter; and email communications with comm'r Craig Sherar regarding same. 1/3/2006 NDH Attention to the proof of publication to compare to filed default 0.40 80,00 judgment; conferred with Ms. Boutsis re: the current taxes owed on the Abdulla' property; received fax and e-mail from Mr. George Lott re: the taxes owed on the Abdulla property [1.1 hours no charge]. 1/4/2006 NDH Attention to the foreclosure sale and assigning interest to a 2.90 580.00 third -parry; conferred with Brad Chandler re: the upcoming Abdulla sale. 1/5/2006 EAB Telephone conferences with Mr. Ken Walton, drafted assignment; 2.00 400.00 coordinated assignment and receipt of $150,000; telephone conference with Ms. Davis regarding same; and telephone conferences with comm'r Craig Sherar regarding same. 1/5/2006 NDH Coordinated sale of City's lien interest to a third - party; attended 5.20 1,040.00 foreclosure sale. Total Professional Services 2,240.00 Rate Summary Eve A. Boutsis 2.70 hours at $200.00/hr' 540.00 Nakia D. Henry 8.50 hours at $200.00 /hr 1,700.00 Total hours: 11.20 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. r Nagin Gallop Figueredo P.A. Matter ID: 0022 -162 Statement No.: 18232 Page: 2 Expenses Telefacsimile charge 2.00 Parking Charge 11.25 Mileage 25.92 Photocopies 0.25 11/15/2005 Outside copy Job 6.00 1/5/2006 Long Distance Telephone Chargable 19.80 Sub -total Expenses: 65.22 Payments 12/28/2005 Payment Check No. 051573 346.15 Sub -total Payments: 346.15' For Professional Services 2,240.00 For Disbursements Incurred 65.22 Current Balance: 2,305.22 Previous Balance: 3,809.06 Payments - Thank you 346.15 Total Due - 5,768.13. Invoice Number: 18232 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 FIGUEREDOP.A Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Interim Finance Director Matter ID: 0022 -166 . Kelly v. CSM City of South Miami 6130 Sunset Drive Invoice Number 18233 City of South Miami, FL 33143 Hours Amount 1/11/2006 EAB Attended attorney client session. 1.50 300.00 Total Professional Services 300.00 Rate Summary Eve A. Boutsis 1.50 hours at $200.00 /hr 300.00 Total hours: 1.50 Payments 11/10/2005 Payment Check No. 50972 120.00 Sub -total Payments: 120.00 - For Professional Services 300.00 For Disbursements Incurred 0.00 Current Balance: 300.00 Previous Balance: 120.00 Payments - Thank you 120.00 Total Due 300.00 Invoice Number: 18233 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. P.A. Attorneys & Counselors - 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Interim Finance Director Matter ID: 0022 -167 E City of South Miami RPB Appeal Matters 6130 Sunset Drive Invoice Number 18234 City of South Miami, FL 33143 Hours Amount 1/27/2006 LRF Teleconference with Don O'Donniley regarding ERPB appeal. 0.50 100.00 Total Professional Services 100.00 Rate Summary Luis R Figueredo 0.50 hours at $200.00/hr 100.00 ` Total hours: 0.50 Payments 10/31/2005 Payment Check No. 50827 840.00 Sub- total Payments: 840.00 For Professional Services 100.00 For Disbursements Incurred 0.00 Current Balance: 100.00 Previous Balance: 840.00 Payments - Thank you 840.00 Total Due 100.00 Invoice Number: 18234 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 %e per month will be charged if payment is not received within 30 days.' NAGIN GALLOP FIGUEREDOP& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Matter ID: 0022 -171 Interim Finance. Director City of South Miami Forfeiture of Currency. 6130 Sunset Drive Invoice Number 18235 City of South Miami, FL 33143 Hours Amount 1/2/2006 -NDH Attention to summary judgment motions against Mr. Bruce 1,20 240.00 Townsend and Ms." Hattie Mathis re: the arrest and the requiste for an underlying felony charge; attention to discovery in the Bruce Townsend matter; prepared letter that confirms contents of the motion strike to Mr. Droese in the Bruce Townsend matter [1.40 hours no charge]. 1/3/2006 NDH Prepared fax to Mr. Droese, counsel to Mr. Townsend and Ms. 0.30 60.00 Mathis; conferred with bailiff re: upcoming hearing; updated fax to reflect coversation with bailiff [0.50 hours no charge]. 1/4/2006 NDH Conferred with Mr. Droese, Mr. Townsend's attorney, re: potential 0.40 80.00 settlement and upcoming hearing and the deposition schedule; prepared letter to Mr. Droese re: the same; conferred with Ms Boutsis re: the same; set motion to compel discovery re: Mr. Townsend and Ms. Mathis [1.40 hours no charge]. 1/15/2006 NDH` Prepared for upcoming motion to strike against Ms. Mathis [1.0 0.40 80.00 hours no charge]. 1118/2006 EAB Attention to clerk error in closing file; revised motion to strike and 0.20 40.00 telephone conference with opposing counsel regarding his attempt to withdraw. Total Professional Services 500.00 Rate Summary Eve A Boutsis 0.20 hours at $200.00 /hr 40.00 Nakia D. Henry 2.30 hours at $200.00/hr 460.00 Total hours: 2.50 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 -171 Statement No.: 18235 Page: 2 Expenses Database Legal; research 233.73 Parking Charge 12.00 Photocopies 18.50 Filing fee 50.00 Mileage 23.04 Telefacsimile charge 10.00 1/26/2006 Postage Charge for the month of January 2006. 4.38 Sub -total Expenses: 351.65 Payments 12/28/2005 Payment Check No. 051573 1,631.80 4 Sub -total Payments: 1,631.80 For Professional Services 500.00 For Disbursements Incurred 351.65 Current Balance: 851.65 Previous Balance: 6,693.68 Payments - Thank you 1,631.80 Total Due 5,913.53 Invoice Number: 18235 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 FIGUEREDOPIL Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 27, 2006 Adriana Hussein Matter ID: 0022 -172 Interim Finance Director Forfeiture of 1997 Black City of South Miami 6130 Sunset Drive Invoice Number 18236 City of South Miami, FL 33143 Hours Amount 1/2/2006 NDH Attention to upcoming deadlines for forfeiture proceeding; and 0.50 100.00 prepared ex -parte order re`. the same. Total Professional Services 100.00 Rate Summary Nakia D. Henry 0.50 hours at $200.00/hr 100.00 Total hours: 0.50 Expenses Photocopies 11.50 1/26/2006 Postage Charge 4.06 Sub -total Expenses: 15.56 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 -172 Statement No.: 18236 Page: 2 For Professional Services 100.00 For Disbursements Incurred 15.56 Current Balance: 115.56 Previous Balance: 346.09 Payments - Thank you 0.00 Total Due 461.65 Invoice Number: 18236 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 FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 Adriana Hussein January 27, 2006 Matter ID: 0022 -173 Interim Finance. Director City of South Miami Forfeiture in Re: US Currency 6130 Sunset Drive Invoice Number 18237 City of South Miami, FL 33143 Hours Amount 1/2/2006 NDH Attention to deadlines in forfeiture matter; prepared ex -parte order; 2.40 480.00 attention to verified affidavit from Officer Mendez; and attention to summary judgment` motion against Ms. Vazquez re: her disclaimed interest in the seized currency. 1/4/2006 NDH Attention to motion for default against Zenaida- Vazquez; received 1.30 260.00 call from Mr. Albert Piantini, counsel for Mr. Morrow; reviewed correspondence from Mr. Piantinini; and reviewed memorandums of law re: probable cause for complaint [1.0 hours no charge].! 1/5/2006 NDH Attention to Morrow complaint and accompanying documents [2.0 0.00 0.00 hours no charge]. 1/6/2006 NDH Attention to Morrow forfeiture. 0.50 100.00 1/9/2006 NDH Attention to complaint and accompanying documents; and drafted 0.20 40.00 letter to counsel [1.30 hours no charge]. 1/10/2006 EAB Attention to and revised discovery, complaint, and pc motion; and 1.50 - 300.00 email communications with CSM PD staff regarding same. 1/10/2006 NDH Conferred with Detective Munoz re; underlying facts; and e- mailed 0.60 120.00 Ms. Boutsis re: the same. 1/11/2006 NDH Attention to Morrow complaint and accompanying documents and; 2.00 400.00 conferred with Mr. Piantini, counsel for Mr. Morrow, prepared letter to Mr. Piantini re: subpoenas and request for adversarial hearing [1.10 hours no charge]: 1/13/2006 NDH Attention to Morrow complaint and accompanying documents; 1.00 200.00 prepared affidavit of service and affidavit of Morrow's whereabouts; prepared notices of filing the same; and briefly conferred with Ms. Boutsis re: the same [2.0 hours no charge]. 1/17/2006 NDH Left message for Albert Piantini, counsel for Mr. Morrow, re: 0.20 40.00 whether he would accept service. 1/24/2006 EAB Telephone conference with Mr. Morrow's counsel; and follow up 0.40 80.00 with chief Martinez regarding same. 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 -173 Statement No.: 18237 Page: 2 Total Professional Services 2,020.00 Rate Summary Eve A. Boutsis 1.90 hours at $200.00 /hr 380.00' Nakia D. Henry 8.20 hours at $200.00 /hr 1,640.00 Total hours: 10.10 Expenses Mileage 11.52 Telefacsimile charge 2.00 Database Legal research 13.82 Filing fee 256.00 1/17/2006 Federal Express 11.13 1/26/2006 Postage Charge for the month. of January 2006. 0.87 Sub -total Expenses: 295.34 For Professional Services 2,020.00 For Disbursements Incurred 295.34 Current Balance: 2,315.34 Previous Balance: 2,762.58 Payments - Thank you 0.00 -Total Due 5,077.92 Invoice Number: 18237 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 GALLOPFIGUERED0 Attorneys Counselors 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854 -5353 'Miami, Florida 33157 -6416 Facsimile: (305) 854 -5351 January 31, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI' 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer Dear Ms. Hussein: Enclosed is our statement for retainer fees and costs advanced for the period ending January 27, 2005. Included is our requisition no. 9, FY 2005-06, pertaining to the costs billed in the amount of $856.87. Costs on the retainer account are charged to city attorney account no. 001 =1500- 514 -3410, other contractual services —consulting legal. As of January 23 2006, the balance is $88,287.21. Please issue a check payable to Nagin Gallop & Figueredo, P.A. representing` payment of these costs. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Ver is R. Figueredo LRF:reh Enclosure cc: Mayor and City Commission .,-„n- Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual 001 -1500- 514 -3410 $856.87 $856.87 Services— Consulting Legal - TOTAL $856.87 Purchase Order No. 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 Ch Sufficiency of Appropriation �-- Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager .. - ;.+�;,- > „. »"�„ NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors I, 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Interim Finance Director January 27, 2006 Adriana Hussein Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Invoice Number 18224 City of South Miami, FL 33143 Hours Amount 1/2/2006 NDH Researched and analyzed case law re: eminent domain to respond ' 1.10 220.00 to Ms. Davis' e-mail re: the pediatric lease; prepared response to Ms. Davis' questions; briefly conferred with Mr. Figueredo re: the same: 1/3/2006 EAB Telephone conference with Ms. Maria Davis regarding energy 0.60 120.00 summit; attention to Kelly litigation and Jones litigation; drafted letter to city's counsel in Jones litigation; attention to John Shubin public record request; telephone conference with Mr: Scott Alexander regarding Kelly litigation; and attention to Kelly subpoenas. 1/3/2006 EAB Telephone conference with Mr. Alexander; telephone conference 0.30 60.00 with Ms. Davis regarding Kelly matter; email communications with CSM comm'n regarding 1/11 a/c session; 1/4/2006 LRF Telephone conference with Ms. Davis and Mr. Don O'Donniley 4.80 960.00 regarding issues pertaining to the EAR Report; Numerous telephone' conferences with Ms. Eve Boutsis regarding research concerning a Writ of Mandamus against the city mandating the changing of zoning for a particular parcel; reviewed judgment and appellate documents; conference with Mr. Don O'Donniley re: same; and telephone conference with Mayor Mary Scott Russell re: status of the affordable housing ordinance.' 1/4/2006 EAB Email communications with Mr. Jerry Proctor regarding EAR; 7.00 1,400.00 telephone conference with Mr. O'Donniley, and Ms. Davis regarding EAR and certain parcels; property records searches and recording searches; searched microfiche and civil dockets for litigaiton on parcels; and provided update to client. 1/4/2006 NDH Briefly conferred with Mr. Weiner Chalvire re: the status of a finance 0.80 160.00 matter [0.50]; reviewed pediatic clinic lease agreement revisions. [0.30] 1/5/2006 LRF Prepared for and attended EAR hearing; telephone conferences with 7.20 1,440.00 Ms. Davis, Mr. O'Donniley, and Commissioner Sherar. 1/5/2006 EAB Analyzed complaint for foreclosure served upon the city; attention to 0.50 100.00 foreclosure action by bank and email communications with Ms. Davis regarding city's inferior position and authorization to proceed; 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. Tti"C'�Ti .3 ^e.°"+?K- �u,'yu `°i'.�''v`'•^�-w, r .e'„,. >. 'S?"rr" v r:T g x.T =i't'u^.v �'•� 'm,.�i R9 f'" Nagin Gallop Figueredo P.A. Matter ID: 0022 -001 Statement Number Page: 2 telephone conference with Mr.Cowen regarding Shields Bowden property and city's proposed foreclosure action. 1/9/2006 EAB < Attention to Shield Bowden title search and possible foreclosure 0.30 60.00 action. I, 1/10/2006 LRF Reviewed the City Commission agenda, teleconference with 5.40 1,080.00 Commissioner Sherar; Reviewed UDB petition for legal sufficiency; and researched county requirements. 1/10/2006 EAB` Attention to referendum issue. 0.20 40.00 1/10/2006 NDH Atention to Do's and Don'ts of Campaign Financing memorandum 1.00 200.00 for Mr. Figueredo. 1/11/2006 LRF Prepared for and attended City commission meeting. 7.00 1,400.00 1/11 /2006 EAB Attention to Shubin and Bass public record request, drafted letter 0.40 80.00 enclosing records. 1/11/2006 EAB Analyzed files and finalized pleadings in forfeitures; drafted letter to 1.00 200.00 opposing counsel, eta 1/12/2006 LRF Research election laws concerning a city's ability to hold campaign 1.80 360.00 events such as candidate debates in city hall. 1/13/2006 EAB Analyzed charter, code, resolutions, county code and state elections . 1.20 240.00 laws regarding public forum and debates; and telephone conference'` with Ms. Victoria Frigo and Mr. Thomas regarding same; and attention to upcoming agenda items. ' 1/13/2006 EAB Telephone conference with Det. Jackson; and attention to forfeiture 0.60 120.00 matters. 1/16/2006 LRF Telephone conference with Commissioner Sherar regarding pending 0.90 180.00 matters and preparation of nuisance ordinance. 1/16/2006 EAB Email communications with Ms. Davis regarding history of lawsuits in 0.40 80.00 city; and prepared resolution for comm'r Craig Sherar regarding nuisance tree in county ROW. 1/17/2006 LRF Prepared for and attended Commission meeting. 5.50 1,100.00 1/18/2006 LRF Followed up and provided' responses to various inquiries from the 1.60 320.00 city clerk. 1/19/2006 LRF Prepared memorandum to Commission addressing prohibitions on 3.00 600.00 Vendor campaign contributions. 1/19/2006 EAB Attention to Shields Bowden property; and discussion with Mr. 0.40 80.00 O'Donniley and Mr. Stephen David regarding Family and Children Services and group home regulations; drafted form; and forwarded same to P&Z staff: 1/19/2006 EAB Edited recreation concurrency reserve ordinance; and edited 2.00 400.00 memorandum on prohibited ventor campaign contributions. 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 1/23/2006 LRF Prepared memorandum on proposed lobbyist ordinance. 1.40 280.00 1/23/2006' EAB Attention to Bowden matter; and communications with attorney for 0.10 20.00 estate of Mr. Bowden. 1/23/2006 EAB Attention to Kelly matter; and attention and revised consultant and 0.40 80.00 lobbying ordinance. 1/24/2006 LRF Finalized memorandum explaining proposed changes to lobbyist 2.00 400.00 ordinance,-reviewed and revised draft ordinance to correct technical issues. 1/24/2006 ` LRF Researched county and municipal ordinances regarding use of 2.40 480.00 discretionary expense accounts; and conferred with Ms. Boutsis regarding same. 1/24/2006 EAB Telephone conference with Mr. Manuel Diaz of the MDCCEPT; and 1.50 300.00 i analyzed request regarding same. 1/25/2006 LRF Reviewed fax advising of the Jay Beckman appeal; and 0.80 160.00 l teleconference with Mr. O'Donniley regarding; same. 1/25/2006 LRF Reviewed fax transmitted by Commission on Ethics and Public Trust; 2.00 400.00 teleconference with Manuel Diaz Investigator; conferred with Ms. Boutsis regarding same and teleconference with Maria Davis. 1/27/2006 LRF Teleconference with Ethics commission' regarding pending matter; 1.20 240.00 reviewed e-mail exhibits. Total Professional Services 13,360.00 Fees Reduced Due to Retainer - 13,360.00 Rate Summary Luis R. 47.00 Hours at 200.00 /hr 9,400.00 Eve A. Boutsis 16.90 Hours at 200.00 /hr 3,380.00- Nakia D. Henry 2.90 Hours at 200.00/hr 580.00 Total hours: 66.80 Expenses 12/7/2005 Database Legal research 123.56 12/13/2005 Long Distance Telephone Chargable 1.13 12/21/2005 Mileage 11.52 12/21/2005 Parking Charge 6.00 12/21/2005 Outside copy Job 2.00 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 �I 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: 4 1/4/2006 Mileage 1.44 1/6/2006 Mileage 5.76' 1/6/2006 I Parking Charge 20.00 1/9/2006 Mileage 2.88 1/10/2006 Mileage 5.76 1/12/2006 Mileage 5.76 1/13/2006 3 Mileage 5.76 1/23/2006 Mileage 2.88 1/24/2006 Mileage 5.76 1/25/2006 Court reporter attendance fee and transcript and delivery 581.50 fee 1126/2006 Telefacsimile charge for the Month of January 2006. 32.00 1/26/2006 Postage Charge 1.41 1/27/2006 Photocopies for the month of January. 41.75 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. ,. --.7: a.5"'^"_ ax,, "FF veF' - ^*t%ga"�•,.'+"�'.. A"V'rm',E.ni. Nagin Gallop 'Figueredo -P.A. Matter ID: 0022-001 Statement Number Page: 5 For Professional Services 0.00 For Disbursements incurred 856.87 Current Balance: 856.87 j i I i To be properly credited, please indicate Invoice Number on your remittance check. j i 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 15% per month will be charged if payment is not received within 30 days. .ate. . CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To. Adriana Husse in Interim finance director Date. January 31 , 2006 Mayor, city commission Maria Davis, city manager From: Luis R. Figueredo, city attorneys office Re: Lott & Levine Invoice No. 7775 —Title Search Property — 6721 SW 62nd Court REQUEST Process; payment of Lott & Levine invoice number 7775 dated January 21, 2006 in the amount of $799.50, for services rendered in connection with the title search of the property located at 6721 S.W. 62nd Court. Requisition No. 10 is included'. BACKGROUND AND ANALYSIS', The invoices are for the title search performed relating to the property at 6721 S.W. 62 nd Court. Mr. Lott was retained by the city to perform the title search and provide a status report of said property. RECOMMENDATION I recommend approval of the invoices for ' payment as the amount of fees and costs are e _ PP . P ym reasonable and necessary. �I I CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: Adriana Hussein, Interim finance director Date: January 31, 2006 Mayor, city commission Maria Davis, city manager From: Luis R. Figueredo, city attorney's office Re: Lott & Levine Invoice No. 7780 — Title Search Property — 6386 S.W. 43rd Street REQUEST Process payment of Lott & Levine invoice number 7780 dated January 21, 2006 in the amount of $1,282.35, for services rendered in connection with the title search of the property located at 6386 S.W. 43rd Street. Requisition No. 10 is included: BACKGROUND AND ANALYSIS The invoices are for the title search performed relating to the property at 6386 S.W. 43 Street. Mr. Lott was retained by the city to perform the title search and provide a status report of said property. RECOMMENDATION I recommend approval of the invoices for payment as the amount of fees and costs are PP P ym reasonable and necessary. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Lott & Levine Req. No. 10, FY 2005 -2006' Dater January 31, 2006 Finance Department` Item Description and No. Quantity S ecifications Account Number Unit Price Total 1 1 Other contractual services, 001- 1500 -514 -3453 $799.50 $799.50 f consulting — real property l 1 Other contractual services, 001- 1500 -514 -3453 $1,282.35 $1,282.35 consulting — real property TOTAL $2,081.85 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) ; He De artmen of Finance Department City Manager f LOTT & LEVINE DADELAND CENTRE, SUITE 1014 9155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 CITY OF SOUTH MIAMI EVE A. BOUTSIS 1 January 21, 2006 18001 OLD CUTLER ROAD Reference No. 7775 ®Q2 SUITE 556 MIAMI, FL 33133 For Professional Services Concerning: Matter Number: CITY4.05055 Title: CSM TITLE SEARCH 6721 SW 62 CT (MOHAMMAD ABDULLA) Hours 09/14/05 RESEARCHED ON -LINE FOR TAX CERTIFICATE; TRANSMITTAL LETTER TO MARY LOU REGARDING 2002 AND 2004 TAX CERTIFICATES. 0.40 12/05/05 RECEIVED AND REVIEWED FAX FROM BOUTSIS - COPY OF DEFAULT FINAL JUDGMENT SIGNED BY JUDGE ON 1111 +5 AND REQUEST` REGARDING TITLE AND TAXES DUE. 0.20 12/16/05 UPDATED TITLE PRINT OUT; ORDERED HARD COPIES; VERIFIED STATUS OF PAYMENT OF 2004 TAXES. 1.00 12/30/05 RESEARCHED WEBSITE TO VERIFY STATUS' OF PAYMENT OF 2004 AND 2005 TAXES; UP -DATED TITLE SEARCH; PREPARED FAX TO BOUTSIS - REPORT (CITY OFFICE CLOSED, NO ANSWER WHEN FAXING); TELEPHONE CALL TO BOUTSIS - LEFT MESSAGE. 1.50 01/03/06 FAXED REPORT TO BOUTSIS AND FOLLOW UP TELEPHONE CONFERENCES WITH ` BOUTSIS, THE FUND - LEFT MESSAGE,' AND OTHER COLLEAGUES WHETHER LEGAL DESCRIPTION NEEDS TO BE AMENDED IN i THE JUDGMENT; TELEPHONE CONFERENCE WITH THE FUND AND FAX TO BOUTSIS. _` 1.00 I Total Hours and Fees: ------------ 4.10 $799.50 Matter Summary: ( Total Fees: $799.50 Total Cost: $0.00 Sub -Total Current Fees and Costs: $799.50 LOTT &'LEVINE DADELAND CENTRE, SUITE 1014 ; 9155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 CITY OF SOUTH MIAMI EVE A. BOUTSIS` January 21, 2006 18001 OLD CUTLER ROAD Reference No. 7780 SUITE 556 MIAMI, FL 33133 For Professional Services Concerning: Matter Number: CITY4.05175 Title: - BOWDEN 6386 SW 43 ST TITLE SEARCH Hours 12/28/05 REVIEWED FAX FROM`BOUTSIS' OFFICE I REGARDING TITLE SEARCH; OBTAINED MAP AND TAX REPORT FROM TAX ASSESSOR'S WEBSITE; ORDERED TSR; ORGANIZED FILE. 1.00 01/04/06 REVIEWED TSR AND HARD COPIES; TELEPHONE CONFERENCE WITH ATTORNEY FOR ESTATE OF BOWDEN, PAUL COWEN, TO DETERMINE IF PERSONAL REPRESENTATIVE YET APPOINTED; RECEIVED AND REVIEWED E -MAIL FROM BOUTSIS. 1.30 01/06/06 BEGAN PREPARATION OF OPINION LETTER. 1.50 01/08/06 COMPLETED, FAXED AND MAILED OPINION LETTER TO BOUTSIS: 2.00 Total Hours and Fees: 5.80 $1,131.00 COSTS ADVANCED Date Description Cost Amount 01/08/0.5 Postage Charge. $1.35 01/14/06 Disbursement to: ATTORNEY'S TITLE INSURANCE: TITLE SEARCH REPORT $150.00 Total Costs: $151.35 Matter Summary: Total Fees: $1,131.00 Total Cost: $151.35 Sub -Total Current Fees and Costs: $1,282.35 Amount Due: $1,282.35 ORDINANCE No, AN ORDINANCE OF THE 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. 1 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 I I 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. Paqe 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. SEVERABILITY: 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 a part 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 I st Reading — 2na Reading COMMISSION VOTE: READ AND APPROVED AS TO FORM: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe CITY ATTORNEY Commissioner Birts - Cooper: Commissioner Sherar: Page 2 Re: EV Opt Out Ordinance F.S. 101.657(2) Page 1 of 2 Menendez, Maria From: Menendez, Maria Sent:' Thursday, January 19, 2006 11:50 AM To: Mayors & Comm Cc: Figueredo, Luis; Payne,'Nkenga Subject: FWi EV Opt Out Ordinance F.S. 101.657(2) Below is additional information from the Supervisor of Elections on the above subject matter. 941aria 9M. 9Vlenendez,C94C City Cferk 6130 Sunset Drive South ami, TL 33143 7eG 305- 663 -6340 xr,.- 305- 663 -6348 I Emaik mmenendez @cityofsouthmiami. net From: Sola, Lester (Elections) [mailto:SOLAL @miamidade.gov] Sent: Wednesday, January 18, 2006' 8:54 PM To: MMenendez @cityofsouthmiami.net Subject: Re: EV Opt Out Ordinance F.S. 101.657(2) Maria, we have spoken to the state and they have not received any reports and have advised that they do not want to receive reports from municipalities. They stated that local reporting was not the intent of the legislation and it was geared to Statewide elections. As for the purpose of the legislation, it was something the political parties wanted to determine where their votes were coming from. Let me know if you need additional information. Lester Sola Supervisor of Elections Miami -Dade County Elections Department 2700 NW 87 Avenue, Miami, FL 33172 305 - 499 -8683 (office) 305- 468 -2507 (fax) 305- 308 -9285 (cell) ` _$ http:Helections.miainidade.gov "Delivering Excellence Every Day" E Miami -Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E -mail messages are covered under such laws and thus subject to disclosure. 1/19/2006 ..k Re: EV Opt Out Ordinance F.S. 101.657(2) Page 2 of 2 - - - -- Original Message---- - From: Menendez, Maria < MMenendez @cityofsouthmiami.net> To: Sola, Lester (Elections) <SOLAL @miamidade.gov> Sent: Wed Jan 18 09:22:03 2006 Subject: EV Opt Out Ordinance F.S. 101.657(2) Dear Mr. Sola: Last night our City Commission approved the above referenced ordinance on first reading. However, they had a few questions that 1 will need to be able to respond to for the second and final reading in a couple of weeks. They want to know why this new legislation was originated. In other words, they feel that there must be a purpose for it and they want to make sure that they will not be missing anything by opting out of the provision. Would it be possible to gather information from other counties that might have gone already through this, either by opting out, or by going along with the law which could give us an idea of the cost that we may anticipate in the event that the Commission decides against opting out. I will appreciate hearing from you at your earliest convenience Sincerely, Maria M. Menendez,CMC City Clerk 6130 Sunset Drive i South Miami, FL 33143 Tel: 305 - 663 -6340 Fax: 305 -663 -6348 I Email: mmenendez @cityofsouthmiami.net 1/19/2006 _, w� F1'-"- r— ,.;�,., �.. –v-�»r ;r „'Y . ,'*.r - -..-y rye T'+^v,M1°:S'c `UU""*�1'T'�i'd pi's X E""2''��R; ��. ,;,.'.'�?'n” - •r- C"t. -•_- ;�.z^.Z"a'�rs�+�^.. :'r:`'iiR�� '£Fk'�- -�`7rss• - -'34 MIAMI DAILY BUSINESS REVIEW' Published Daily except Saturday, Sunday and ` Legal Holidays Miami, Miami -Dade County, Florida XJ STATE OF FLORIDA' COUNTY OF MIAMI ', x CITYOF SOUTH MIAMI Before the undersigned authority personally appeared a :NOTICE OF PUBLIC HEARING O.V. FERBEYRE, who on oath says that he or she is the Y NOTICE IS=HEREBY given that the City£Commission of the Cityof South" SUPERVISOR, Legal Notices of the Miami Daily Business IMiami Flonda will cortdtict Public Heanngs at its regular City Commis Review f /k/a Miami Review, a daily (except Saturday, Sunday Esonmeetinsch duled fox Tuesday February 7 2006 beginning at 7 30 and Legal Holidays) newspaper, published at Miami in Miami-Dade p.m` in theC fY Commission Chambers 6130 Sunse# Drive to consitler ty copy advertisement, the following items County, Florida; that the attached co of advertisem being a Legal Advertisement of Notice in the matter of s s AN ORDINANDF OF THE MANOR AND -CITY COMMISSION r OFTNECITI'OSOf1THMIAMI,FLORIDA OPTING OUT OF SECTfC)N 101.65 (2) FLORIDA' STATUTES WHICH CITY OF SOUTH MIAMI REQUIRES! THAT" TFIE�SUPERVISOR �OF ELECTIONS PUBLIC HEARING 2/7/2006, `.r �REPARe'AN�ELECTRONIC DATA FILE FOR EAFICY in the XXXX Court,VOTING�PROVIDINGlEOR I?IRECTIONS Td CLERK PROVIDIN FOR`ADOPTION' "OF `REPRESENTATIONS, was published in said newspaper in the issues ofPROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES." IN CONFLICT AND PROVIDING AN 01/27/2006 EFFECTIVE DATE ` AORDINANCOF,THE MAYOR AND CITY COMMISSION Affiant further says that the said Miami Daily Business 0�-THE CITY OF SOUTH MIAMI FLORIDA RELATING TO, Review is a newspaper published at Miami in said Miami -Dade LOBBYISTS - AMENDING SECTION ` {'SA 5,, : CITY OF SOUTH MIAMI ©INTER-OFFICE O ICE MEMORANDUM To: Mayor and City Commission Date: January 23, 2006 Maria Davis, City Manager Maria, Menendez, City Clerk From: Luis Figueredo Re: Proposed amendment to lobbyist ordinance Subject: The proposed amendment updates Sec. 8A -5, entitled "Lobbyists; registration and reporting, exemptions, expenditures and penalties " of the city code. Discussion: The city's ordinance regulating lobbyist was adopted in 1969 and last updated in 2000. It is in need of updating. The purpose of the proposed amendment is to strengthen lobbyist reporting and disclosure requirements by requiring consultants retained to 'appear before the city commission to encourage the passage or defeat of a specific item to register so that city officials, candidates, staff and the public may know who is doing business with the city or seeking to influence legislation. This amendment continues the city commission's commitment to strengthening standards of conduct pertaining to actions by city officials and persons seeking to do business with the city. The objective of the proposed amendment is to require disclosures by consultants to identify their clients, the subjects that they have been hired to lobby, city` officials who will be, or have been lobbied, and the amounts and objects of expenditures. The proposed amendment also incorporates a penalty provision for failing to register. The proposed penalties track the penalty schedule contained in section 2- 11.1(s) (9) of the code of Metropolitan Dade County, however the penalties in this proposed amendment are more severe for the first two violations.' Under the county code first' and second violations are punished by prohibiting the violator from lobbying for 90 days for the first offense and one year for the second offense. A first violation under the proposed amendment is punished by prohibiting the lobbyist from lobbying for one year. A second violation is punished by a two year suspension. Where a third violation occurs the county code requires a five year prohibition from lobbying where the proposed amendment' requires a three year p: rohibition. The scope of the ordinance includes city and all city boards, committees and agencies, including the South Miami Community Redevelopment Agency and the Health Facilities Authority. The ordinance applies to everyone who is retained (whether paid or not) to represent a business entity or organization to influence city action. City action is broadly described to include virtually all legislative, quasi-judicial and administrative action by the city, including the ranking and selection of professional consultants. It does not apply to Versons who appear on behalf of not- for- profit organizations (Elks, American Legion), °homeowners associations (CSM HOA), local chamber of commerce and merchants associations (Chamber South, Red Sunset Merchants Ass'n.), and trade associations and unions (PBA, AFSCME). It also excludes persons who speak on their own behalf without compensation, persons who are requested to appear before the commission, or any board, committee or agency, persons who are compelled to appear (under subpoena from code enforcement board) and attorney's hired to represent persons who are requested or compelled to appear, persons who appear in connection with a contract they have with the city. A consultant appearing before the City Commission must file with the city clerk, disclose who they represent, the subject they have been hired to lobby, and the city officials they will contact. They must file an °annual report identifying how much they spent, and on what (meals, etc.,) and the city official on whom they made the expenditure. Violations of requirements of the ordinance will enforced by the Miami - Dade County Commission on Ethics and Public Trust.. Contracts that are entered into with the city where a violation has occurred are voidable. The city commission can debar the principal and the lobbyist for lobbying in the city, and from contracting with the city, when there have been three violations. The Executive Director of the Miami Dade County Commission on Ethics and Public: Trust has received the proposed revision and has indicated that the amendments encourage full disclosure and meets the goal of Government in the Sunshine. Recommendation: Approve the Ordinance on second reading. 1 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 I 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 City Commission 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 eyeing 1 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 1l 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 snaking ' 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). is. sal. --K� 30 31 or- entity eh as a e itable organization, fle hher-keed efs 32 33 34 reimbursement for- the appear-anee, whether- dir-eet, indkeet 35 expfess stippeft 'of of opposition to a" iten+. 36 37 (2) Principal means the natural person, firm, corporation or other entity that 3$ 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 underlining and deletions shown by ever-striking 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) (1) 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. Any 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`everstrking VA gt.4W�� 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 and consultants shall pay a registration fee, as 5 required in subsection (c)(1). In addition, all lobbyist must register prior to 6 October 1 of every year; and the fee shall be as specified in appendix A. 7 The registration fees required in this chapter shall be deposited by the city 8 clerk 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 11 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 lobbyist's and consultants must file a form with the city clerk, 14 signed by the principal or the principal's representative, stating that they are 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, neighborho: o'd 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 i ! any item, shall not be;requ'ired 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. y 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 agenc members, and city personnel : 9 y 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 e�er-stfikiftg. I 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 I 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 11 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 I 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 or consultant who fails to timely 18 file an 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 lst 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) Any person receiving a fine may appeal the fine and may request a 27 hearing before the Miami-Dade Commission on Ethics and Public Trust. A 28 request for a hearing on the fine must be filed with the Miami-Dade 29 Commission on Ethics and Public Trust within fifteen (15) calendars days 30 of receipt of the notification ' of the failure to file the required disclosure 31 form. The Miami-DadeConi'missioa on Ethics and Public Trust shall have 32 the authority to waive the fine, in whole or in part, based on good cause 33 shown. 34 35 (e) Exceptions to registration. The following persons will be exempt from the 36 provisions of this section: 37 38 (1) Any person who only appears in his or her individual capacity at a 39 public hearing before the city commission, board, committee, agency 40 meeting, and has no other communication with the city personnel, for 41 the purpose of self-representation without compensation or 42 reimbursement, whether direct, indirect, or contingent, to express 43 support of or opposition to any item, shall not be required to register as Additions shown by underlining and deletions shown by ever-stfiking. I a lobbyist, including but not limited to those who are members of 2 homeowners or neighborhood associations. All speakers shall, 3 however, sign -in on forms- available at the public hearing or meeting.. 4 Additionally, any person or representative of a business entity requested 5 to appear before any ..city commission, or board, committee, or agency 6 meeting, or any person or representative compelled to answer for or 7 appealing a code violation, or any administrative hearing shall not be 8 required to register, nor shall any agent, attorney, officer or employee of 9 the person: 10 11 (2) Any public officer, employee or appointee or any person or entity in 12 contractual privity with the city who only appears in his or her official 13 capacity shall not be required to register as a lobbyist. 14 15 (3) Any person appearing as an expert witness called in proceedings 16 before the commission, any board or a committee or the administration of 17 the city who presents testimony in support of a position or explaining such 18 position. 19 20 (f) Penalties. 21` 22 (1) Violations of this section may be determined by the Miami -Dade 23 County Commission on Ethics and Public Trust. A finding by the 24 commission that a person has violated this chapter shall subject the person 25 to a $500.00 civil penalty. to the penalties for h in § 2 11.1 rte, 26 Metropolitan Dade Geap y Cede. ' The Commission on Ethics may 27 additionally provide other penalties such as penalties inel de admonition, 28 and public reprimand, and fine as well as prohibitions from registering as 29 a lobbyist or engaging in lobbying activities before the city. 30 31 (2) Additionally, every person who is found to be in violation of this 32 chapter shall be prohibited from registering as a lobbyist or lobbying in 33 accordance with the following schedule: 34 35 • First violation for a period of one year from the date of 36 determination of violation; 37 •` Second violation for a period of two years from the date of 38 determination of violation; 39 • Third violation for a period of three years from the date of 40 determination of violation. 41 42 The city commission may debar a bidder or proposer from lobbying -43 activities in the city, and from entering into contracts with the city, or any Additions shown by underlining and deletions shown by everst iking I agency or authority of the city when the bidder or proposer either directly 2 or indirectly, on three or more occasions, has been found to have violated 3 the lobbyist provisions of this section: 4 5 As used herein, a "direct violation" shall mean a violation committed by the 6 bidder or proposer and an "indirect violation" shall mean a violation 7 committed by a lobbyist representing said bidder or proposer. A contract 8 entered into in violation of this section shall render the contract voidable. 9 The city manager shall include the provisions of this section in all city bid 10 documents, RFPs and RFQs; provided, however; that failure to do so shall 11 not render any contract voidable. 12 13 (3) Except as otherwise provided in subsection (f)(1), the validity of any 14 action or determination of the city commission, board, committee, or 15 agency shall not be affected by the failure of any person to comply with the 16 provisions of this section. 17 18 19 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 20 reason held invalid or unconstitutional by a,court of competent jurisdiction, the holding 21 shall not affect the validity of the remaining portions of this ordinance. 22 23 Section 3. This ordinance shall be included in the Code of Ordinances'. 24 25 Section 4. All ordinances or parts of ordinances in conflict with the provisions 26 of this ordinance are repealed. 27 28 Section 5. This ordinance shall take effect immediately upon approved. 29 30' 31 PASSED AND ADOPTED this day of , 2006. 32 33 ATTEST: APPROVED; 34 35 36 CITY CLERK MAYOR 37 38 39 1st Reading 40 2nd Reading 41 42' 43 COMMISSION VOTE: Additions shown by underlining and deletions shown byeverstriking I READ AND APPROVED AS TO FORM Mayor Russell: 2 Vice Mayor Palmer: 3 Commissioner Wiscombe: 4 Commissioner Birts` Cooper: 5 CITY ATTORNEY Commissioner Sherar: 6 7 Additions shown by underlinine and deletions shown by °T°°o �s*+iking. 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 evefs€fik g § 2 -11.1 MIAMI -DARE COUNTY CODE making process on such action, deci- sion or recommendation which foreseeably will be heard or re- viewed by the County Commission, or a County board or committee. °Lobbyist" specifically includes the principal ` as well as any employee whose normal scope of employment includes lobbying activities. The term "Lobbyist" specifically excludes the following persons: attorneys or other representatives retained or employed solely for the purpose of represent- ing individuals, corporations or other entities during publicly noticed quasi- judicial proceedings where the law prohibits ex -paste communications; expert witnesses who provide only scientific, technical or other special - ized information or testimony in pub- lic meetings; any person who only appears as a representative of a neighborhood association without compensation or reimbursement for the appearance, whether direct, in- direct or contingent, to express sup- port of or opposition to any item; any person who only appears as a repre- sentative of a not - for -profit commu- nity based organization for the pur- (s) Lobbying. pose of requesting a grant without (1) (a) As used in this section, "County per- special compensation or reimburse - sonnel" means those County officers ment for the appearance; and em- and employees specified in Section ployees of a principal whose normal 2- 11.1(i)(2) of the Miami -Dade County scope of employment does ` not in- Conflict of Interest and Code of Eth -' clude lobbying activities. ics Ordinance. (2) All lobbyists shall register with the Clerk (b) As used in this section, "Lobbyist" of the Board of County Commissioners means all persons, firms, or corpora- within five (5) business days of being tions employed or retained by a prin- retained as a lobbyist or before engaging cipal who seeks to encourage the in any lobbying activities, whichever shall passage,' defeat, or modifications of come first. Every person required to so (1) ordinance, resolution, action or register shall:. decision of the County Commission; (a) Register on forms prepared by the (2) any action, decision, recommen- Clerk; dation of the County Manager or any County board or committee ;' or (3) (b) State under oath his or her name," any action, decision or reco mmenda- business address and the name and tion of County personnel during the business address of each person or time period of the entire decision - entity which has employed said ,reg- Supp. No. 39 274 a ADMINISTRATION § 2 -11.1 istrant to lobby. If the lobbyist rep - point in time at which a lobbyist is resents a corporation, the corpora - no longer authorized to represent tion shall also be identified. Without the principal. limiting the foregoing, the lobbyist (3) (a) Any public officer, employee or ap- shall also identify all persons hold- pointee_who only appears in his or ing, directly or indirectly, a five (5) her official capacity shall not be re- percent or more ownership interest quired to register as a lobbyist. in such corporation, partnership, or trust. Registration of all lobbyists (b) Any person who only appears in his shall be required prior to January 15 or her individual capacity for the of each year and each person who purpose of self - representation with- as a lobbyist for a partic- out compensation or reimbursement, ular client shall file an appropriate whether direct, indirect or contin- notice of ; withdrawal. The fee for gent, to express support of or oppo- sition to any item, shall not be re- annual registration shall be four hun- dred and ninety dollars ($490.00).. Every registrant shall be required to (4) Any person who only appears as a repre- state the extent of any business or sentative of a not- for -profit corporation or professional relationship with any entity (such as a charitable organization, current person described in subset- or a trade association or trade union), tion` (b)(1). The registration fees re- without special compensation or reimburse- quired by this subsection shall be ment for the appearance, whether direct, deposited by the Clerk into a sepa- indirect or contingent, to express support rate account and shall be expended of or opposition to any item, shall register for the purpose of recording, tran- with the Clerk as required by this subsec- scrbing,` administration and other re- tion, but, upon request, shall not be re- costs incurred in maintaining, these quired to pay any registration fees. records for availability to the public.. (5) Any person who appears as a rep resenta- There shall be no fee required for tive for an individual or firm for an oral filing a notice of withdrawal and the presentation before a county certification, Board of County `Commissioners may, evaluation, selection, technical review or in its discretion, waive the registea- similar committee, shall list on an affida- tion fee upon a finding of financial vit provided by the County, all individuals who may make a presentation. The affi- hardship. davitshall be filed by,staffwith the Clerk's (c) Prior to conducting any lobbying, all office at the time the proposal is submit- principals must file a form with the ted. For the purpose of this subsection Clerk of the Board of County Come- only, the listed members of the presenta- missioners, signed by the principal tion team shall not be required to pay any or the principal's representative, scat' registration fees. No person shall appear ing` that the lobbyist is authorized to before any committee on behaI f of an represent the principal. Failure of a individual or firm unless he or she has principal to file the form required by been listed as part of the firm's presenta- the preceding sentence may be con - tion team pursuant to this, paragraph or sidered in the evaluation of a bid or unless he or she is registered with the proposal as evidence that a proposer Clerk's office' and has paid all applicable or bidder is not a responsible contras- fees. tor. Each ,principal shall file' a form (6) (a) Commencing July 1, 1986, and on with the Clerk of the Board at the July 1 of each year ,thereafter, the Supp. No. 39 274.1 6 § 2 -11.1 MIAMI -DADE COUNTY CODE lobbyist shall submit to the Clerk of the Board of County Commissioners a signed statement under oath, as provided herein, listing all lobbying expenditures in excess of twenty -five dollars ($25.00) for the preceding calendar ,year. A statement shall be filed even if there have been no ex- penditures during the reporting pe- riod. The statement shall list in de- tail each expenditure by category, including food and beverage, enter tainment, research, communication, media advertising, publications, travel, lodging and special events. (b) The Clerk of the Board of County Commissioners shall notify any lob'- byist who fails to timely file an ex penditure report. In addition to any other penalties which may be im- posed as provided in subsection (s)(9), a fine of fifty dollars ($50.00) per day shall be assessed for reports filed after the due date. Where a fine of fifty dollars ($50.00) per day is as- sessed, the Ethics Commission shall not impose a fine as provided in subsection W. Any lobbyist who fails to file the required expenditure r:e port by September 1st shall be auto- matically suspended from lobbying until all fines are paid unless the fine has been appealed to the Ethics Commission. (c) The Clerk of the Board of County Commissioners shall notify the Com- mission on Ethics and Public Trust of the failure of a lobbyist or princi- pal to file a report and/or pay the assessed fines after notification. (d) A lobbyist or principal may appeal a fine' and may request a hearing be- fore the Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Commission on Ethics and Public Trust within fifteen (15) calendar days of receipt of the notification of the failure to file the required disclo- .,u;;g. No. 39 274.2 sure form. The Commission on Eth- ics and Public Trust shall have the authority to waive the fine, in whole or part, based on good cause; shown. The Commission on Ethics and Pub - lic Trust shall have the authority to adopt rules of .procedure regarding appeals from the Clerk of the Board of County Commissioners. } No person may, in whole or in part, pay, give or agree to pay or give a contingency fee to another' person. No person may, in whole or in part, receive or agree to re- ceive a contingency fee. As used herein, "contingency fee" means a fee, bonus, com- mission, or nonmonetary benefit as com'- pensation which is dependent on or in any way contingent on the passage, defeat, or modification of (1) an ordinance, resolu- tion, action or decision of the County Commission; (2) any action, decision or recommendation of the County Manager or any County board or committee; or (3) any action, decision or recommendation of County personnel during the time period of the entire decision- making process re- garding' such action, decision or recom- mendation which foreseeably will be heard or reviewed by the County Commission, or a County board or committee. ) The Clerk shall publish logs on a quar- terly and an annual basis reflecting the lobbyist registrations which have been filed in accordance with this subsection (s). All logs required by this ordinance shall be prepared in a manner substan- tially similar to the logs prepared for the Florida', Legislature pursuant to Section 11.045, Florida Statutes. ) The Ethics Commission shall investigate any person engaged in lobbying activities who may be in'violation of this subsection (s). In the event that a violation is found to have been committed the Ethics Com- mission may, in addition to the penalties set forth in subsection (z), prohibit such person from lobbying before the County Commission or any committee, board or personnel of the County as provided herein. ADMINISTRATION § 2 -11.1 Every lobbyist who is found to be in vio- or committee shall not be affected by the lation of this section shall be prohibited failure of any person to comply with the from registering as a lobbyist or lobbying' provisions of this subsection(s). in accordance with the following schedule:, (Ord. No. 00 -19, § 1, 2 -8 -00; Ord. No. 01 -93, § 1, 1st violation for a period of 90 days from 5 -22 -01 Ord. No. 01 -162, § 1, 10- 23 -01)' the date of determination of violation; (t) Cone of Silence. 2na violation for a period of one (1) year 1. Contracts for the provision of goods and from the date of determination of viola- service other than audit and independent ton; private sector inspector general (IPSIG) 3' violation for a period of five (5) years contracts. from the date of determination of viola- (a) "Cone of Silence" is hereby defined to tion; mean a prohibition' on: (i) any com- A bidder or proposer shall be subject to municaton regarding a particular the debarment provisions of Section 10 -38 RFP, RFQ or bid between a potential of the Code of Miami - Dade County as if vendor, service provider, bidder, lob - the bidder or proposer were a contractor byist, or consultant and the County's where the bidder or proposer has violated professional staff including, but not this section, either directly or indirectly limited to, the County Manager and or any combination thereof, on three (3) or his or her staff; (ii) any communica- more occasions. As used herein, a - "direct tion regarding a particular RFP, RFQ violation" shall mean a violation commit- or bid between the Mayor, County ted by - the bidder or proposer and an Commissioners or their respective "indirect violation" shall mean a violation staffs and any member of the County's committed by a lobbyist representing said professional staff including, but not bidder or proposer. Acontract entered into limited to, the County Manager and in violation of this section shall also ren- his or her staff; (iii) any communica- der the contract viodable. The County tion regarding a particular RFP, RFQ Manager shall include the provisions of or bid between a potential vendor, this subsection in all County bid docu- service provider, bidder, lobbyist, or ments, RFP, RFQ, CBO and CDBG appli- consultant and any member of the cations; provided, however, the failure to selection committee therefor; (iv) any do so shall not render any contract en- communication regarding a particu- tered into as the result of such failure lar RFP, RFQ: or bid between the illegal per se. Mayor, 'County Commissioners or their respective staffs and any mem- (10) All members of the County Commission, and all County personnel, shall be dili- for; (v) any communication regard- gent to ascertain whether persons re- ing a particular RFP, RFQ or bid quired to register pursuant to this subsec- between a potential vendor, service tion have been complied. Commissioners provider, bidder, lobbyist, or consult - or County personnel may not knowingly ant and the Mayor, 11 County Commis - permit a person who is not registered signers and their respective staffs; pursuant to this subsection to lobby the and (vi) : any communication regard- Commissioner, or the relevant committee, Commissioner, ing a particular RFP, RFQ or bid or County personnel between any member the County's (11) Except as otherwise provided in subsec- professional staff and any member of tion (s)(9), the validity of any action or the selection committee therefore The determination of the Board of County County Manager and the Chairper- Commissioners or County personnel, board son of the selection committee may Supp. No. 39 274.2.1 § 2 -11.1 MIAMI -DADE COUNTY CODE communicate about a particular se- or procedure; (v) duly noticed site lection committee recommendation, visits to determine the competency but only after the committee has of bidders regarding a particular bid submitted an award recommenda- during the time period between the tion to the Manager and provided opening of bids and the time the that should any change occur in the County Manager makes his or her committee recommendation, the con - written recommendation; (vi) any tent of the communication and of the emergency procurement of goods or corresponding ;change shall be de- services pursuant to Administrative scribed in writing and filed by the Order 3 -2; (vii) communications re- Manager with the Clerk of the Board garding a particular RFP, RFQ or and be included in any recommenda- bid between any person and the Ven- tion memorandum submitted by the dor Information Center staff, the pro- Manager to the Board of County curement agent or contracting of- Commissioners Notwithstanding the ficer responsible for administering foregoing, the Cone of Silence shall the procurement process for such not apply to (i) competitive processes RFP, RFQ or bid, provided the com- for the award of CDBG, HOME, SHIP munication is limited' strictly to mat and Surtax Funds administered by ters of process or procedure already the Miami -Dade County Office of contained in the corresponding solic- Community and Economic Develop - itation document; and (viii) commu- ment and the community -based or- ncations regarding a particular RFP, ganization (CBO) competitive grant RFQ or bid between the procure - processes administered by the Park ment agent or contracting officer, or and Recreation, Library, Water and their designated secretarial/clerical Sewer, and Solid Waste Departments, staff responsible for administering Cultural Affairs and Tourist Devel- the procurement process for such opment Councils and the Depart- RFP, RFQ or bid and a member of ment of Environmental Resources the selection committee therefor pro - Management; :(ii) communications vided the communication is limited with the County Attorney and his or strictly to matters of process or pro - her staff; (iii) communications be- cedure already contained in the cor- tween a potential vendor, service pro- responding solicitation document. viler, bidder, consultant or lobbyist (b) Procedure. and employees of the Management and Technical Assistance Unit of the (i) A Cone of Silence shall be im- Department of Business Develop - posed upon each RFP, RFQ and ment regarding small business and/or bid after the advertisement of minority business programs, the Com- said RFP, RFQ or bid. At the munity Business Enterprise and Eq- time of 'imposition of the Cone uitable Distribution Programs; (iv) of Silence, the County Manager communications between a potential or his or her designee shall vendor, service provider, bidder, con - provide for public notice of the sultant or lobbyist and employees Cone of Silence. The County responsible for administering disad- Manager shall issue a written vantaged business enterprise pro- notice thereof to the affected grams in County departments receiv- departments, file a copy of such ins federal funds, 'provided the notice with the Clerk of the communications are limited strictly Board, with a copy thereof to to matters of programmatic process each Commissioner, and shall Supp. No. 39 274.2.2 i MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Rorida STATE OF FLORIDA i COUNTY OF MIAMI -DADE: i z ;_ CITY OF SOUTH MIAMI:° 'NOTICE OF PUBLIC HEARIN® Before the undersigned authority personally appeared Y O.V. FERBEYRE, who on oath says that he or she is the I' `" tyr f ` ` Y fVOTICE -it, HER giv50j, hat the City Commission of the City of South+ SUPERVISOR, Legal Notices of the Miami Daily Business :Miami Florida willconduot ublic Hearings at its regular City Commis Review f /k/a Miami Review, a daily (except Saturday, Sunday €slon meeting schedlJle for Tuesday "February T 2006 beginning at 7: 30: and Legal Holidays) newspaper, published at Miami in Miami -Dade p m , in the City Commission Chambers, 6130 Sunset Drive to consider' County, Florida; that the attached copy of advertisement, the following items being a Legal Advertisement of Notice in the matter of SAN ORDLNANCEOF THE M AYOR AND CITY COMMISSION F OF THE CITY'OF SOUTH MIAMI', f 4W OPTING OUT OF' CITY OF SOUTH MIAMI SECTION , 101 6y7(2) „,FLORIDA °STATUTES 1NFlICH REQUIRES THAT TFIE SUPERVISOR ' ELECTIONS= PUBLIC HEARING 2/7 /2006 PREPARE AN.tELECTRONIGi DATA FILE FOR EARLY , VOT�IG�� PROVIDING %FOf DIRECTIONS ,TO CLERK " in the XXXX Court, = PRO�%IDING FOR AOPTIOt3 OF REPRESENTATIONS ` was published in said newspaper in the issues of PRO (DING FOR - SEVERABILITY� PROVIDMG FOR ORDWANCES IN CONFLICT-- AND PROVIDING AN 01/27/2006 EFFECTIVE DATE ` j- -at, ��7t �., as x ` AN`ORDINANCE:OF THE myok-mor CITY COMMISSION Affiant further says that the said Miami Daily Business OF THE CITY OF SOUTFI MIAMI FLORIDA RELATING, TO Review is a newspaper published at Miami in said Miami -Dada LOBBYISTS AMENDING' SECTION' 8A 5,'" ENTITLED'' County, Florida and that the said newspaper has LOBBYISTS, REGISTRATION', AND REPORTING EXEIvIP " heretofore been continuously published in said Miami -Dade County,: TIONS OF THE CITY OF SOUTH MIAML CODE, REQUIRING Florida, each day ;(exce t Saturday, Sunday and Legal Holidays) REGISTRATION AND'DISCLOSURES;,PROVIDING PENAL P g TIEb` REPEALING SECTION 8A 6 iENTITLEl7; "PENALTYK ' and has been entered as second class mail matter at the post FOR`VIOL,ATION OF CHAPTER, PROVIDING FOR SEVERA ' office in Miami in said Miami -Dade County, Florida, fora E BlLITY ORDINANCES° !N CONFLICT AND AN EFFECTIVE" , period of one year, next preceding the first publication of the DATE r attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation ;Above items can be inspected in the city ClerWs�Office, Monday Friday i 11 , any discount, rebate, commission or refund for the purpose during regular officehours r of securing adve ' men for publication in the said f - p P If you have any' inquiries on tha`above items pleased contact the, City; news pap office at: 30 Cl6rlei 5- 663 -6340. , �� BALL interestetl partied are invited to attend ancjwill be heard Maria M Menendez, CMC Sworn to and subscribed before me this GityClerkr s F; M 27 day of JANUARY A.D. 2006 Pursuant, "to Florida Statutes 286 Ot05 the City hereby advises thel Public that if a person decitles to appeal eny4 decision made by this Board "Agency or Commission with respect to an attar considered at ;its meeting or, hearing heor she will need a record of the proceedings, ° arid ttiat,for such "purpose; affected °[person may need to ensure that a (SEAL)'' verbatim'record ` of he proceedings is mada'which record includes the Chen, H Maier testimony. and evidence upon which the appeal is to be based + VV'o 1/27... 06 340/634071M O.V. FERBEYRE person n9pimission DI)339559 VW a J�a,$18, 2008 z `w a s i tn I 'CS 1 9002= �A2iynd833 "Avq$d ]Hl j alVH3H IWVIW 3H1 ,j1 woY'pTPHiweiw i 7. >. co \ - 4 N }Q co � 3 3 ml�� _/W ua � Od iimod jd C1 � . o .0 --b _ poi! z� x fl a°'o > >o ma>0w CC 5 i .o� x � : 46z m w � _ e.:. E � I.ciYt•.'d L� 'O,S� 1. mlw o Z�..LU o M C CC cig y mN r e; C• i 05 wm0 .'M nN 0 IQ O 95-o "'nm �mW��(� i _ C ;W Ocr ` y O.� - a v a z� �o Q0 _c*y, ~ z OA$ gMkNgOi i+ C ¢ k 4� ,u...EtiZ N ua a°i P d �aGY N CL ? ' F-.— p tC C g o s k.. _! W W I ID , 4 f '% W j o z =,z /ny LL qi CZ z E5 �E{ c4 a }Y�y ¢ 0 qN i >n 6 Z U C p y v C Ca Fj y i7 IL o G] cz�pIa Y O�C Cz Q�a�o CD :..E �LL� ce �1 TC ✓w Q¢pc>� A. C V .ao.m .moo z000 ZCC, ¢— u y rie o z `w a s tn LU 4 N _/W CL x fl E /0 1 RESOLUTION NO 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A 6 POSSIBLE PUBLIC NUISANCE DUE TO A DEAD TREE 7 - LOCATED IN THE RIGHT -OF -WAY AT THE SOUTHEAST 8 CORNER OF SW 56TH STREET AND SW 63RD COURT; 9 " PLACING MIAMI -DADS COUNTY ON NOTICE OF THE to ATTRACTIVE NUISANCE; AND PROVIDING AN EFFECTIVE I 1 DATE. 112 1,3 1'4 WHEREAS, the Mayor and City `Commission of the City of South Miami 15 are concerned with a possible attractive nuisance, which nuisance is located in the 1'6 Miami -Dade County right -of -way at the SE corner of SW 56th Street and SW 63rd 17 Court; and, 18 19 WHEREAS, due to the various hurricane events over the past year, the city 20 recognizes that Miami -Dade County has concentrated on hurricane clean -up of 21 streets, roadways, and right -of -ways and may not have concentrated on all other 22 types of roadway cleanup; and 23 24 WHEREAS, the' dead tree located at the SE corner of SW 56th Street and 25 SW 63rdCourt is blocking the triangle of visibility at that intersection; and 26 27 WHEREAS, numerous concerns regarding the limited line of sight and 28 perilous nature of the right -of -way has been conveyed to the city; and 29 30 WHERAS, the dead tree may contribute to future accidents and may act as 31 an attractive nuisance in the area; and 32 33 WHEREAS, the Mayor and City Commission desire to place the county ; 34 n notice of the attractive nuisance request the count commission to - commissiono 9 Y 35 direct public works to remove the tree; and direct the city manager to take any 36 other action necessary to remove the public nuisance. 37 38 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 40 41 Section -1. The above Whereas clauses are incorporated by reference into 42 this resolution. Additions shown by underlining and deletions; shown by evffstfild I Section 2. The mayor and city commission direct that a copy of this 2 resolution be provided to Mr. George Burgess, the county manager, and to the 3 entire county commission, so that action can be taken by the county to remove the 4 dead tree, which is a possible public nuisance, from the right-of-way of the SE 5 comer of SW 56 Street and SW 63rd Court. 6 7 Section 3. Should the nuisance not be removed within a reasonable 8 amount of time of the city's transmission of the request, the city shall initiate .a 9 nuisance abatement action. 10 11 Section 4. This resolution shall take effect immediately upon approval. 12 13 PASSED AND ADOPTED this day of February, 2006. 14 15 ATTEST: APPROVED: 16 17 18 CITY CLERK MAYOR 19 20 21 COMMISSION VOTE: 22 READ AND APPROVED AS TO FORM: Mayor Russell: 23 Vice Mayor Palmer: 24 Commissioner Birts-Cooper: 25 Luis R. Figueredo, Office of City Attorney, Commissioner Sherar: 26 Nagin, Gallop & Figueredo,.P.A. Commissioner Wiscombe: 27 Page 2 of 2 Mt' s ° U Try South Miami AlAmedeaChy INCORPORATED 1927.- ,O R110 2001 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor Date: February 7, 2006 Commission Members 1 ITEM No. From: Maria Davis Re;; Site Plan Amendment, Valencia Apts. City Manager 6001 SW 70 Street ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO REVISE THE SITE PLAN ADOPTED BY ORDINANCE NO. 24 -01 -1755 FOR THE VALENCIA (UNIVERSITY PLACE) BUILDING LOCATED AT 6001 SW 70t` STREET BY AMENDING THE FIRST FLOOR PLAN TO PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE SPECIFICALLY FOR UNITS CU- 105/106; PROVIDING FOR SEVERABILTTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND An applicant, Mr. Isidro Guillama, has filed application PB -05 -029 requesting that the adopted Site Plan for the Valencia Apartment Building at 6001 SW 70th Street be amended to permit a portion of the first floor commercial space to be used as office space (insurance business).' In 2001 the City Commission approved a Comprehensive Plan land use category amendment and a zoning change to permit construction of the Valencia Apartment Building (University Place), a six story multi- family residential development containing 294 dwelling units and 6812 square feet of commercial space. City commission Ordinance No. 24 -01 -1755 approving the zone change (MO to TODD -MU -5) was adopted on October 2, 2001. That ordinance stated that the zone change was subject to a number of conditions, one of which read: (1) The proposed development shall be as shown on the Site Plan submitted to the City on September 28, 2001, as may be modified by revisions required by conditions set forth in this section; The adopted Site Plan indicated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail ". STAFF OBSERVATIONS The Valencia property is in the process of converting from rental to condominium. All residential units and commercial units are being sold. In August, 2005 the property owner sold two of the commercial spaces (CU -105, CU -106) to the applicant. Site Plan Amendment February 7, 2005 Page 2 of 2 During the review and approval process in 2001 it was mentioned on several occasions that the commercial uses will be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. This led to the designation of the space as retail on the final site plan. (3) In 2001 the developer also received approval of a special exception allowing for overall G required parking to be reduced from 585 spaces to 550 spaces. One of the explanations was that retail establishments located as part of the project would be used by residents and reduce to some degree the number of spaces needed to service the businesses. The final site plan indicated that there were 28 spaces allocated to the commercial uses. Although the space is designated as retail (one space for each 300 sq.ft.) the required space provided was based upon the higher office use formula of one space for every 250 square; feet. Despite having insufficient parking, the applicant explains in his letter of intent that he has purchased two designated parking spaces from the developer. Staff is concerned about j the legality of allowing purchase and designation of spaces in a project which must use all existing spaces as required. (The LDC prohibits sale of required spaces, Sec. 20 -4.4Q. Staff has j concluded that all parking in the existing structure is required to be part of a common j element and can not be sold. i Staff is concerned that the substitution of office space in place of retail is an abandonment of the concept that this area of the building would benefit the neighborhood and would encourage a mixing of building and community residents. PLANNING BOARD ACTION The Planning Board at its January 10, 2006 meeting adopted a motion by a vote of 3 ayes 2 nays (Mr. Comendeiro, Ms. Yates) recommending that the site plan amendment application be denied. i RECOMMENDATION It is recommended that the application to amend the Site Plan (9- 28 -01) for the Valencia (University Place) Development be denied. Attachments: Draft Ordinance (if application is to be approved) Location Map Application Letter, of Intent Ord. No. 24 -01- 1755 Site P lan (Adopted 9-28- 01 Planning Board Meeting Excerpt 1 -10 -06 Public Notice's MD/DOD /SAY E: \Comm Items \2006\2 -7 -0� Plan Amend 600170 St Report.doc 1 2' 3 ORDINANCE NO. 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 6 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO REVISE 7 THE SITE PLAN ADOPTED BY ORDINANCE NO. 24 -01 -1755 FOR THE 8 VALENCIA (UNIVERSITY PLACE) BUILDING LOCATED AT 6001 SW 70a' 9 STREET BY AMENDING THE FIRST FLOOR PLAN TO PROVIDE THAT 10 OFFICE USE CAN REPLACE RETAIL USE SPECIFICALLY FOR UNITS CU 11 105/106; PROVIDING FOR SEVERABILITY; PROVIDING FOR 12 ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE' 13 DATE 14 15 WHEREAS, the City Commission at its October 2, 2001 meeting adopted Ordinance No. 24 -01- 16 1755 which' approved a zoning change amending the official zoning map of the City of South Miami by 17 changing the zoning use district for property then known as University Place and legally described as Lots 18 1 through 25, Block 15, Larkins Townsite Subdivision, said site now known as the Valencia Building, 19 6001 SW 70`h Street from "MO" Medium - Intensity Office Use District to "TODD (MU-5)", Transit 20 Oriented Development District (Mixed -Use 5) Use District.; and 21 22 WHEREAS, the purpose of the change of zoning was to permit the construction of a six story 23 residential apartment building with 294 dwelling units and 6,812 square feet of commercial space; and 24 25 WHEREAS, Section 2 of adopted Ordinance No. 24 -01 -1755 provided that the zoning change 26 was subject to a number of conditions; and 27 28 WHEREAS Condition No. (1) stated that "the proposed development shall be as shown on the 29 Site Plan submitted to the City on September 28, 2001; and 30 31 WHEREAS, the adopted Site Plan dated Sextember 28, 2001 indicated that all of the commercial 32 space on the first floor of the building facing SW 59 Place was to be "Retail"; and 33 34 WHEREAS, Application No. PB -05 -029 was submitted to the Planning Department by Mr. 35 Isidro Guillama requesting that the adopted Site Plan dated September 28, 2001 be amended to permit an 36 office use in Commercial Units 105/106 which space is designated retail use; and 37 38 WHEREAS, the Planning Board at its January 10, 2006 meeting after a public hearing, adopted a 39 motion by a vote of 3 ayes 2 nays recommending denial of the proposed revision to the adopted Site 40 Plan dated September 28,'200 1. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 4'S Section 1 That the adopted Site Plan dated September 28, 2001 for the site now known as the Valencia 46 Building, 6001 SW 70th Street, is hereby amended to permit office use in Commercial Units 105/106 on A,7 +t,_ n_+ 1-1a' :,.. cxar cnth n1 -- l (2) 2 3 4 5 Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or 6 unconstitutional by a court of competent jurisdiction, this holding shall not affect validity of the 7 remaining portions of this ordinance. 8 9 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 10 hereby repealed. 11 12 Section 4 This ordinance shall be effective immediately after the adoption hereof. 13 14 15 PASSED AND ADOPTED this day of 2006 16 17 ATTEST: APPROVED: 18 19 20 21 CITY CLERK MAYOR 22 23 1" Reading — 24 2nd Reading — 25 COMMISSION VOTE: 26 READ AND APPROVED AS TO FORM: Mayor Russell: 27 Vice Mayor Palmer: 28 Commissioner Wiscombe: 29 Commissioner Birts - Cooper: 30 CITY ATTORNEY Commissioner Sherar 31 32 33 34 35. 36 37 38 39 40 41', 42; 43 44 45 46 47 48 49 E: \Comm Items\2006\2 -7 -06 \Site Plan Amend` 6001 SW 70 St Orddoc 50 51 52' �,+k�� ooui 1- 6600 6 6611 6601 60 6621 w �$` SW 66TH TER a 6631 z N 6601 N N O 1 R � 5 7 6600- .. 0 � `O � 5977 in � 009 96 5963 6601 N N O 7000 R 6647 � n L � in � SUBJECT PROPERTY 0 yg 5 00 5 � m CD m ° ° N N "' o rn o r� 6669 rn rn rn a) �L co oo Lo ao Lo co io� c M c co I � co 6701 6701 co SW 67TH ST 6701 6711 0 96� a z 6721 6718 5949 0 i Lo w � 7051 v 7090 7171 0 6201 6101 N 30 W g o ao s �� 5 y °h o co L co SUNSET DR 93 0 7000 7001 0 �— o °° 1 r6180 o n F7 6110 7040 71 no o rn o 7o1s �' L; `o 0 SUBJECT PROPERTY 7051 v 7090 7171 0 6201 6101 N 30 W g o ao s �� 5 y °h o co L co SUNSET DR 93 SW 72ND ST r6180 F!-p 0 yg 5 00 5 � m CD m ° ° o � U 0 1 0 CD U 800 � cn �y 929 t=- N.� 930 7230 I� N c cli o co 0�� o 6 Lo 5859 to 5829 o cli o° co° 7311 7340 5958 5940 3 7310 5850 7331 I 5824 0 300 600 900 1,200 1,500 Feet City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663- 6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board && City Commission Address of Subject Property: 6001 S.W. 70 Street Lot(s) Block Subdivision Towns it of La kips Unit CU 105/106, Miami, Florida 33143 PB 2----L05, Meets & Bounds: Applicant: Isidro Guillama Phone:(305) . 992- 6316 Representative: Rosario Kennedy Organization: Rosario Kennedy & Associates Address: 2645 South Bayshore Drive Ste 2002 Phone, .(305) 58 -0 2 (305) 458 -3176 Miami Florida 33133 Property Owner. Isidro Guillama Signatur%��.7-1�/ Mailing Address: 532`9 Granada Blvd. Phone: /305) 99 -6316 Architect/Engineer Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative _Contract to purchase _Option to purchase _TenantlLessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: fLBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: EASE CHECK ALL THAT APPLY: _Text Amendment to LDC _Variance Letter of intent Zoning Map Amendment _Special Use Justifications for change PUD Approval Special Exception Statement of hardship PUD Major Change other _ Proof of ownership or letter from owner Power of attorney Briefly explain application and cite specific Code sections: Contract to purchase Current survey (1 original sealed and l signed/1 reduced copy @ 11" x 17') 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" _ 20% Property owner signatures Section: Subsection: Page #: Amended Date: _ Mailing labels (3 sets) and map Required Fee(s) The un ersign d as r d this completed application and represents that the inform co ec o the of applicant's knowledge and belief. ation and all submitted materials are true and O�QS f jt{ pplicant's i ature and title Date pon receipt, application and all submitted materials will be reviewed for compliance with the Land` Development Code and other° applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: date Filed Date of PB Hearing Date of Commission 'etition Required Petition Accepted Method of Payment 3/2/00 i Isidro Guillama Pro Corn Insurance Agency 5329 Granada Boulevard Coral Gables, Florida 33133 October 12, 2005 LETTER OF INTENT VIA HAND DELIVERY Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: Application to obtain a Special Exception for the Zoning and Land Use for Ordinance 24-0101755 and Amend the Site Plan from Retail Use to Office Use for the property located at 6001 S.W. 70 Street, Units CU 105/106, Miami, Florida 133143 TO WHOM IT MAY CONCERN: As the owner of the property located at 6001 S.W. 70 Street, Units CU 105/106, `am filing an Application for Public Hearing before the Planning Board` and the City Commission, requesting a Special Exception for the Zoning and Land Use and an Amendment to the Site Plan from Retail Use to Office Use for the above - referenced property. This designation would allow me to operate an insurance office at the subject property. Unit 105 has 1,129 sq. ft. and Unit 1`06 has 1,140 sq.ft. In addition to purchasing the office units, I have purchased two designated parking spaces from the developer. As such, the proposed use would not be an imposition on the residents of the adjacent area. S' rely, idro Guil ma Owner i ..� -.. - t ..;.. f ORDINANCE NO. 24 -01- 1755 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE DISTRICT TO "TODD(MU -5) TRANSIT ORIENTED :DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON' THE WEST BY SW 61ST AVENUE PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No; PB -01 -015 was submitted to the Planning and Zoning' Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for property legally described as Lots I through' 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70`x' Street, on the east by S.W. 59`b Place, on the north by S.W. 69th Street, and on the west by S.W. 61' Avenue from "MO" Medium - Intensity Office Use District to "TODD (MU -5) ",' Transit Oriented Development District (Mixed -Use 5) Use District.; and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units and 6,812 square feet of commercial space; and WHEREAS, the proposed rezoning is consistent with the Amended Future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed rezoning application, the: Planning Board "recommended approval with conditions by a vote of (5 -0); and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties for property legally described as Lots 1 through 25, Block 15 Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70th Street, on the east by S.W. 59th Place, on the north by S.W. 694' Street, and on the west by S.W. 61' Avenue from "MO" Medium- Intensity Office Use District to "TODD (MU-5') " ' 'Transit Oriented' Development District (Mixed -Use' 5) Use District, said rezoning to be subject to the Iconditions specified in Section 2 of this ordinance. Section :2 That the above change of zoning is subject to the following conditions: Scriber's error corrected 10/22/01 2 Section 2 That the above change of zoning is subject to the following conditions: (1) The proposed development shall be as shown on the Site Plan submitted to the City on September 28, 2001, as may be modified by revisions required by conditions set forth in this section; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth in the Land Development Code; (3) Applicant to submit a Unity of Title document as required by LDC Section 20 -8.16; (4) Applicant shall provide a minimum three -foot buffer between the garage (north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59th Place and the driveway entrance to the Lee.Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28,`2001; (6) Storefront delivery / service, to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape elements in order to conform to the City's street tree requirements and the Community Redevelopment Area Streetscape Plans for the area, as follows: • Along SW 59th Place, SW 69th Street, and SW 61St Avenue, the triangular "bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self - contained landscape islands. • For the portion of 701h Street between SW 61st Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on- street parking and the`required street trees. • For the portion of 70th Street between the building entrance and SW 59th Place, the sidewalk shall be widened to provide eight (8) feet of sidewalk, said sidewalk to incorporate street trees in tree grates, thereby providing the street trees required by the Land Development Code while allowing a minimum five (5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act'(ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20 -8:17 of the Land Development Code. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a,court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6 This ordinance shall be effective on the date when the Comprehensive Plan Future Land Use Map amendment application for the same, property is effective. PASSED AND ADOPTED this 2 n1 day of October, 2001 ATTEST: APPROVED: ti i y CITY CLERK MAYOR I' 'Reading —September 18, 2001 2 °d Reading — October 2, 2001 (As amended) COMMISSION VOTE: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel; Yea Commissioner Wiscombe: Yea CITY ATTORNEY i f (M &W • I N" p. 1927 �+t 0 R -t 9 CITY OF SOUTH MIAMI PLANNING BOARD` Regular Meeting Action Summary Minutes Tuesday, January 10, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, and Mr. Comendeiro. Board members absent: Michael Davis City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Eve A. Boutsis, Esq. (City Attorney), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings PB -05 -029 Applicant: Isidro Guillama Location: 6001 SW 70th Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO REVISE THE SITE PLAN ADOPTED BY ORDINANCE NO. 24 -01 -.1755 FOR THE VALENCIA (UNIVERSITY PLACE) BUILDING LOCATED AT 6001 SW *h STREET BY AMENDING THE FIRST FLOOR PLAN TO PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE SPECIFICALLY FOR UNITS CU- 105/106; "PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR _ AN EFFECTIVE DATE. Action: Mr. Comendeiro read the item into the record. Mr. O'Donniley stated that the current applicant is requesting that the adopted Site Plan ' be amended to permit a portion of Planning Board Meeting Excerpt January 10, 2006 Page 2 of 4 the commercial space as office space (insurance business). He also explained that the adopted Site Plan indicated that all of the commercial space on the first floor of the building facing SW 59 Place was to be "Retail Mr. O'Donniley then provided some background information about the building. He indicated that in 2001 the City Commission approved a Comprehensive Plan land use category amendment and a zoning change to permit construction of the Valencia Apartment Building (University Place), a six -story multi- family residential development containing 294 dwelling units and 6,812 square feet of commercial space. City Commission Ordinance No. 24 -01 -1755 approving the zone change (MO to TODD -MU -5) was adopted on October 2, 2001. That ordinance stated that the zone change was subject to a number of conditions, one of which read: "The proposed development shall be shown on the Site Plan submitted to the City on September 28, 2001, as may modified by revisions required by condition set forth in this section." In addition, Mr. O'Donniley provided the following staff observations: 1) The Valencia property is in the process of converting from rental to condominium. All residential units and commercial units are being sold. In August, 2005` the property owner sold two of the commercial spaces (CU -5, CU -6) to the applicant. 2) « During the . review and approval process in 2001 it was mentioned on several occasions that the commercial uses will be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. This led to the designation of the space as retail on the final site plan. 3) In 2001 the developer also received_ approval of a special exception allowing for overall required parking to be reduced from 585 spaces to 550 spaces. One of the explanations was that retail establishments located as part of the project would be used by residents and reduce to some degree the number of spaces needed to service the businesses. 4) The final site plan indicated that there were 28 spaces allocated to the commercial uses.: Although the space is designated as retail (one space for each 300 sq.ft.) the required space provided was based upon the higher office use formula of one space for every 250 square feet. Despite having insufficient parking, the applicant explains in his letter of intent that he has purchased two designated parking spaces from the developer. Staff is concerned about the legality of allowing purchase and designation of spaces in a project which must use all existing spaces as required. (The LDC prohibits sale of required spaces, Sec. 20- 4.4L). Staff has concluded that all parking in the existing structure is required to be part ' of a common element and can not be sold. 5) Staff is concerned that the substitution of office space in place of retail is an abandonment of the concept that this area of the building would benefit the neighborhood and would encourage a mixing of building and community residents. M Planning Board Meeting Excerpt January 10, 2006 Page 3 of 4 Recommendation Staff indicated that the application to amend the Site Plan (9- 28 -01) for the Valencia (University Place) Development be denied. Applicant: Isidro Guillama Applicant's representative: Rosario Kennedy and Odalys Mon Mr. Guillama stated that granting this request would allow him to operate an insurance office at the subject property. He indicated to the Board that he became aware too late in the process of purchasing the units that ani insurance agency is not one of the approved uses in the building. He noted he has been serving this community for 17 years and wishes to stay close by, since most of his clients live in the area. "Additionally, he explained that he purchased two designated parking spaces from the developer and that the proposed use he seeks would not be an imposition on the residents of the adjacent area. Furthermore, Ms. Mon stated that this proposed use will not ,create additional traffic and the business will serve the community for this reason Mr. Guillama is requesting an amendment to the site plan. Chairman Mr. Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker, Sr. Opposed Mr. Tucker empathized with the applicant however; the applicant must realize the City must uphold the conditions set forth by the ordinance. Jose Plazos Supported Mr. Plazos indicated that converting the units from retail to office would not affect the traffic flow negatively. He disclosed he is the realtor that sold the units to the applicant. Delores Flowers ; Supported Mr. Flowers explained that she had bought three units in the building and is content with the way her business is doing. However, if tonight's applicant gets approved she would want to be entitled to the same exception. Jay Beckman Opposed Mr. Beckman indicated that the Board must follow the LDC and the conditions'that.were approved back in 2001. He also commented that at the time of the request for the amendment the applicant should have requested a parking variance. Mr. Morton closed the hearing. The Board, staff and applicant discussed the request.; x. -T.r, m Planning Board Meeting Excerpt January 10, 2006 Page 4 of 4 Motion: Ms. Yates moved to approve the application. Mr. Comendeiro seconded the motion. Vote: ` Ayes 2 Nays 3 (Mr. Morton, Mr. Beilman, Ms. Lahiff) Motion Failed Motion: Mr. Beilman moved to deny the application. Ms. Lahiff seconded the motion. Vote: Ayes 3 Nays 2 (Mr. Comendeiro, Ms. Yates) Motion Anbroved E: \Comm Items\2006\2- 7- 06\Excerpt Plan Bd Minutes Valencia 1- 10- 06.doa SOUS O H � °I • INCORPORATED ` 1927 X019 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 10, 2006 City Commission Chambers i 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, and Mr. Comendeiro. Board members absent: Michael Davis City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Eve A. Boutsis, Esq. (City Attorney), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings PB -05 -029 Applicant: Isidro Guillama Location: 6001 SW 70th Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO REVISE THE SITE PLAN ADOPTED BY ORDINANCE NO. 24 -01 -1755 FOR THE VALENCIA (UNIVERSITY PLACE) BUILDING LOCATED AT 6001 SW 70tb STREET BY AMENDING THE FIRST FLOOR PLAN TO PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE SPECIFICALLY FOR UNITS CU- 105/106; PROVIDING FOR SEVERABILITY' PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Comendeiro read the item into the record. Mr. O'Donniley stated that the current applicant is requesting that the adopted Site Plan be amended to permit a portion of I Planning Board Meeting Excerpt January 10 2006 Page 2 of 4 the commercial space as ' office space (insurance business). He also explained that the adopted Site Plan indicated that all of the commercial space on the first floor of the building facing SW 59 Place was to be "Retail ". Mr. O'Donniley then provided some background information about the building. He indicated that in 2001 the City Commission approved a Comprehensive Plan land use category amendment and a zoning change to permit construction of the Valencia Apartment Building (University Place), a six -story multi- family residential development containing 294 dwelling units and 6,812 square feet of commercial space. City Commission Ordinance No. 24 -01 -1755 approving the zone change (MO to TODD -MU -5) was adopted on October 2 2001. That ordinance stated that the zone change was subject to a number of conditions, one of which read: "The proposed development shall be shown on the Site Plan submitted to the City on September 28, 2001, as may be modified by revisions required by condition set forth in this section." In addition, Mr. O'Donniley provided the following staff observations: 1) The Valencia property is in the process of converting from rental to condominium. All residential units and commercial units are being sold. In August, 2005 the property owner sold two of the commercial spaces (CU -5, CU -6) to the applicant. 2) During the review and approval process in 2001 it was mentioned on 'several occasions that the commercial uses will be neighborhood oriented with local area residents encouraged to establish businesses in the ,spaces available. This led to the designation of the space as retail on the final site plan. 3) In 2001 the developer also received approval of a special exception allowing for overall required parking to be reduced from 585 spaces to 550 spaces. One of the explanations was that retail establishments located as part of the project would be used by I residents and reduce to some degree the number of spaces needed to service the businesses. 4) The final site plan indicated that there were 28 spaces allocated to the commercial uses. Although the space is designated as retail (one space for each 300 sq.ft.) the required space provided was based upon the higher office use formula of one space for every 250 square feet. Despite having insufficient parking, the applicant explains in his letter of intent that he has purchased two designated parking spaces from the developer. Staff is concerned abouti the legality of allowing purchase and designation of spaces in a project which must use all existing spaces as required. (The LDC prohibits sale of required spaces, Sec. 20- 4.4L). Staff has concluded that all parking in the existing, structure is required to be part of a common element and can not be sold, 5) Staff, is concerned that the substitution of office space in place of retail is an abandonment of the concept that this area of the building would benefit the neighborhood and would encourage a mixing of building and community residents. Planning Board Meeting Excerpt January 10, 2006 Page 3 of 4 Recommendation Staff indicated that the application to amend the Site Plan (9- 28 -01) for the Valencia (University Place) Development be denied. Applicant: Isidro Guillama Applicant's representative: Rosario Kennedy and Odalys Mon Mr. Guillama stated + that granting this 'request would allow him to operate an insurance office at the subject property. He indicated to the Board that he became aware too late in the process of purchasing the units that an insurance agency is not one of the approved uses in the building. He noted he has been serving this community for 17 years and wishes to stay close by, since most of his clients live in the area. Additionally, he explained that he purchased two designated parking spaces from the developer and that the proposed use he seeks would not be an imposition on the residents of the adjacent area. Furthermore, Ms. Mon stated that this proposed use will not create additional traffic and the business will serve the community for this reason Mr. Guillama is requesting - an amendment to the site plan. Chairman Mr. Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker, Sr. Opposed Mr. Tucker empathized with the applicant however; the applicant must realize the City must uphold the conditions set forth by the ordinance. Jose Plazos Supported Mr. Plazos indicated that converting the units from retail to office would not affect the traffic flow negatively. He disclosed he is the realtor that sold the units to the applicant. Delores. Flowers Supported Mr. Flowers explained that she had bought three units in the building and is content with the way her business is doing. However, if tonight's applicant gets approved she would want to be entitled to the same exception. Jay Beckman Opposed Mr. Beckman indicated that the Board must follow the LDC and the conditions that were approved back in 2001. He also commented that at the time of the request for the amendment the applicant should have requested a parking variance. Mr. Morton closed the hearing. The Board, staff and applicant discussed the request Planning Board Meeting Excerpt January 10, 2006 Page 4 of 4 Motion: Ms. Yates moved to approve the application. Mr. Comendeiro seconded the motion. Vote: Ayes 2 Nays 3 (Mr. Morton, Mr. Beilman, Ms. Lahiff) Motion Failed Motion: Mr. Beilman moved to deny the application. Ms. 'Lahiff seconded the motion. 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