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07-25-06CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 25, 2006 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: August 1, 2006 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. 1) Ulises Martinez, Outreach Coordinator with the State Attorney's Office will be making a presentation regarding their Outreach Program. 2) Agustin Barrera with the School Board will be addressing the Commission regarding various public schools issues. REGULAR CITY COMMISSION 1 AGENDA - JULY 25, 2006 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes (NONE) (Not sufficient time to prepare) 2. City Manager's Report a) Mobley Building refurbishing plans 3. City Attorney's Report PUBLIC REMARKS (UNFINISHED BUSINESS) ORDINANCE (S) FIRST READING 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING REGULATIONS RETAINING TO PARKING REDUCTIONS IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (Deferred 06113106 1carried over from 7118106) 3/5 (Commissioner Beckman) 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING CHAPTER 11 (GARBAGE & TRASH), SECTION 11 -21(b) ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION - DOMESTIC TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN YARD CLIPPINGS AT THE CURB FOR COLLECTION NO MORE THAN SEVENTY -TWO (72) HOURS PRIOR TO THE SCHEDULED PICKUP DAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REGULAR CITY COMMISSION 2 AGENDA - JULY 25, 2006 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Carried over from 7118106) 3/5 (Commissioner Palmer) CONSENT 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC. IN AN AMOUNT NOT TO EXCEED $23,000.00 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE CHARGED TO THE SENIOR MEALS PROGRAM ACCOUNT NUMBER 114 - 2041 - 572 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING AN AMT NOT TO EXCEED $16,051.50 FOR THE PROVISION OF WEEKEND MEALS TO SO MIAMI SENIORS; CHARGING THE SENIOR MEALS PGM ACCT W /CURRENT BAL$23,000) (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $14,365 TO J.E.M. INSPECTIONS & ENGINEERING SERVICES, INC. FROM ACCOUNT NO.1610- 524 -3450 FOR BUILDING AND ROOFING INSPECTIONS, AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $14,365 TO J.E.M. INSPECTIONS & ENGINEERING SERVICES FOR BUILDING AND ROOFING INSPECTIONS FROM THE CONTRACTUAL SERVICES ACCT W /CURRENT BAL$50,652) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW ONE YEAR LEASE AND MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH FT. LAUDERDALE HARLEY- DAVIDSON, DISBURSEMENT OF THE FUNDS FROM ACCOUNT NUMBER 1910- 521 -4450 (PURCHASE /LEASE- POLICE VEHICLES) . 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW 1 -YR LEASE AND MAINTENANCE CONTRACT FOR (2) POLICE MOTORCYCLES WITH FT. LAUDERDALE HARLEY- DAVIDSON, DISBURSEMENT OF THE FUNDS FROM THE LEASE /PURCHASE- POLICE VEHICLE ACCT W /CURRENT BAL$3,100) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $54,960.00 FROM ACCOUNT NUMBER 001 -1340- 513 -4634 TO SUNGARD HTE INC., FOR THE REGULAR CITY COMMISSION 3 AGENDA - JULY 25, 2006 SUPPORT & UPGRADE OF THE CITY'S AS400; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $54,960.00 TO SUNGARD HTE FOR THE SUPPORT & UPGRADE OF THE CITY'S AS400 FROM THE MAINTENANCE INTERNET SOFTWARE ACCT W /CURRENT BAL$81,000) (City Manager) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT PROJECT AGREEMENT OF $200,000.00 WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE ACQUISITION OF THE DISON PROPERTY; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT PROJECT AGREEMENT OF $200,.000 WITH THE FLA RECREATION DEVELOPMENT ASSISTANCE PGM FOR THE ACQUISITION OF THE DISON PROPERTY) (City Manager) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A $600,000 GRANT AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOURCE CONSERVATION SERVICE (NRCS) BROAD CANAL DEBRIS REMOVAL & EMBANKMENT RESTORATION; PROVINDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A $600,000 GRANT AGREEMENT WITH US DEPT OF AGRICULTURE, NATURAL (NRCS) BROAD CANAL DEBRIS REMOVAL & EMBANKMENT RESTORATION) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (NONE) RESOLUTION (S) /PUBLIC HEARING (S) 12. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.2, 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A 'JOINT PRIVATE - PUBLIC DEVELOPMENT WITHIN IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58' COURT); SPECIAL REGULAR CITY COMMISSION 4 AGENDA - JULY 25, 2006 EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR SPECIAL EXCEPTIONS FROM THE LDC TO ALLOW FOR THE CONSTRUCTION THE SO MIAMI MUNICIPAL PKG FACILITY LOCATED AT THE NE CORNER OF SW 73rd ST AND SW 58" CT; SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH) (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE THREE GENERAL RESTAURANTS AS PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A PRIVATE - PUBLIC DEVELOPMENT WITHIN THE "SR (HD -OV) " SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58' COURT); AND PROVIDING AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR SPECIAL USE APPROVAL TO LOCATE (3) GENERAL RESTAURANTS AS PART OF THE SO MIAMI MUNICIPAL PKG FACILITY LOCATED AT THE NE CORNER OF SW 73rd ST AND SW 58th CT) (City Manager) RESOLUTION (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ACCRISOFT CORPORATION TO PROVIDE WEBSITE DESIGN AND HOSTING FOR THE CITY OF SOUTH MIAMI WEBSITE FOR A ONE -TIME FEE AMOUNT NOT TO EXCEED $8,000 AND A MONTHLY FEE AMOUNT NOT TO EXCEED $395.00 FOR SERVICE AND MAINTENANCE AND CHARGING THE DISBURSEMENT TO THE M.T.S. CONTRACTUAL SERVICES ACCOUNT NUMBER 001 - 1340- 513 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ACCRISOFT CORP TO PROVIDE WEBSITE DESIGN AND HOSTING FOR THE CITY'S WEBSITE FOR A ONE -TIME FEE AMT NOT TO EXCEED $8,000 AND A MONTHLY FEE AMT NOT TO EXCEED $395.00 FOR SERVICE AND MAINTENANCE; AND CHARGING THE DISBURSEMENT TO THE M.I.S. CONTRACTUAL SERVICES ACCT W /CURRENT BAL$45,084) (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING A REGULAR CITY COMMISSION AGENDA - JULY 25, 2006 FINANCIAL MANAGEMENT CONSULTING FIRM; DIRECTING ADMINISTRATION TO INITIATE A REQUEST FOR PROPOSALS FOR PROFESSIONAL ACCOUNTING AND OPERATIONAL REVIEW AND PERFORMANCE MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO HIRING A FINANCIAL MANAGEMENT CONSULTING FIRM; DIRECTING ADMINISTRATION TO INITIATE A RFP FOR PROFESSIONAL ACCOUNTING AND OPERATIONAL REVIEW AND PERFORMANCE MANAGEMENT SERVICES) (Vice Mayor Wiscombe) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING (CONT'd) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF SOUTH MIAMI AND THE CITY MANAGER; PROVIDING FOR TERMS AND CONDITIONS AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION 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 TEE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMISSION. " 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 CONSTITUTE 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 6 AGENDA - JULY 25, 2006 South Miami e®-MWcaM CITY OF SOUTH MIAMI 11111.F OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: Don O'Donniley, Planning Director Date: July 25, 2006 Subject: Mobley. Building Utilization Background: On June 5, 2001 the South Miami City Commission approved an interlocal agreement between the City of South Miami and South Miami CRA authorizing a loan of up to $400,000 to purchase the Mobley Building located at 5825 SW 68th Street. Purchase approval was based on the increased likelihood that the City of South Miami would implement the Murray Park Master Plan. The 2004 Murray Park Master Plan Update provided options for construction of a public swimming pool on the Murray Park site. The stated benefits of acquiring the property also included the eventual relocation of the Community Redevelopment Agency offices to the Mobley Building facility. On October 18, 2005, the City Commission approved the SMCRA's FY 05/06 Budget including a spatial use plan for the Mobley Building. The plan involved allocation of the following four building uses: A) Business Incubator /Community Service Provider Office Space; B) Apprenticeship Program Office Space; C) Parks & Recreation/Storage Space; and D) Parks & Recreation/Recreation Room. Specific building uses including the provision of business incubator space, offices for social services and job training programs were also identified in the approved 2005 SMCRA "Plan Update" On December 12, 2005 the SMCRA Board authorized the Executive Director to advertise an RFP to renovate the Mobley Building based upon the previously proposed building utilization plan. Prior to the RFP submittal deadline, the Russell Partnership Group submitted a proposal to provide design services to renovate the Mobley Building for an estimated cost of $54,000. Following the RFP deadline, staff received a second proposal from the Elias Brothers involving a fifty -year lease by the City to the Elias Brothers at a cost of $1.00 per year. Included in the proposal, the Elias Brothers agreed to renovate the Mobley Building at their cost and to construct an additional building bay on the north end of the structure. Once building renovations are completed, the Elias Brothers have proposed to lease three of the building bays to the City of South Miami at triple net cost and retain two of the bays for use by the Elias Brothers. Based on an analysis of each proposal (See Exhibit 1), staff has determined that the Russell Partnership Group proposal best facilitates the goals and objectives identified in the Murray Park Master Plan Update, the SMCRA Building Utilization Plan and the SMCRA "Plan Update ". Recommendation: Staff recommends acceptance of the Russell Partnership Group proposal to provide design services to renovate the Mobley Building. Backup Documentation: Mobley Building Proposal Analysis YSM/DOD /SD /JM E: \CC \SMCRA Mobley Building .doc _" A EXHIBIT 1 MOBLEY BUILDING RENOVATION PROPOSAL AND UTILIZATION ANALYSIS BACKGROUND • In June 2004, the Mobley Building was identified in the Murray Park Master Plan Update and Public Pool Feasibility Study (See Exhibit A). • In November 2005 the City Commission approved the SMCRA FY 05/06 Budget including a Building Utilization Plan for the Mobley Building (See Exhibit B). • In January 2006, the SMCRA issued an RFP to renovate the Mobley Building based on SMCRA Building Utilization Plan. • In February 2006, the SMCRA received a proposal (Proposal #1) from the Russell Partnership Group to renovate the Mobley Building (See Exhibit Q. • In May 2006, the SMCRA received a proposal (Proposal #2) from the Elias Brothers to renovate and lease the Mobley Building (See Exhibit D). ALTERNATIVES Proposal #1 (The Russell Partnership Group) ➢ The SMCRA provides funding for design services to renovate the Mobley Building for a cost of $54,000. ➢ The preliminary statement of construction costs would be $400,000 to be paid through the City and SMCRA TIF funding contributions. Proposal #2 — (The Elias Brother's) ➢ The City of South Miami provides a fifty -year building lease to the Elias Brothers at a cost of $1.00 per year. ➢ The Elias Brothers will renovate the Mobley Building at their costs for a savings to the City of approximately $400,000. ➢ The Elias Brothers will construct an additional bay on the north end of the building at an estimated construction cost of $120,000. ➢ The Elias Brothers will agree to lease three (3) bays to the City at triple net cost and retain two (2) of the bays for use by the Elias Brothers. ➢ The City would be responsible for all future property taxes associated with the property. ANALYSIS: Proposal #1 (Russell Partnership Group) ➢ The Russell Partnership Group proposal is consistent with the stated objectives identified in the January 2006 Request For Proposals issued by the SMCRA and with the proposed construction of an on -site public pool identified in the 2004 Murray Park Master Plan Update. ➢ The Russell Partnership Group proposal provides the required space needed by the City for the Parks and Recreation Department previously moved to provide space for a Pediatric Clinic. ➢ The Russell Partnership Group proposal provides for business incubator space and net space available to the City would be four (4) out of four (4) bays. ➢ The Mobley Building is owned by the SMCRA and all uses are identified in the SMCRA "Plan Update ". Proposal #2 (The Elias Brothers) ➢ The Elias Brothers proposal requires that the City provide a fifty -year building lease to the Elias Brothers which may prohibit construction of a public pool as identified in the 2004 Murray Park Master Plan Update. ➢ The Elias Brothers proposal provides for the construction of an additional building bay on the north end of the Mobley Building which may prohibit construction of a public pool. ➢ The Elias Brothers proposal provides building upgrade and an addition to the existing building. Net space available to the City would be three (3) out of five (5) bays. ➢ The Elias Brothers proposal involves a legal question regarding whether an asset acquired for SMCRA use can be leased for a private purpose which was not identified in the SMCRA "Plan Update ". EXHIBIT A El City of South Miami 0 2001 Public Swimming Pool Feasibility Study Murray Park Master Plan Update Study Funded By: Miami -Dade County Office of Community and Economic Development FY 2003 Community Development Block Grant June 1, 2004 MCHARRYASSOCIATES ARCHITECTURE / ENGINEERING / PLANNING 2780 SW DOUGLAS RD. SUITE 302 MIAMI, FLORIDA 33133 (305) 445 -3765 James W. Piersol, AIA Thomas M. Carlson, AIA AAC000988 EB0003663 C Special thanks to the City Commission & Administration members who p Y participated in our one -on -one planning sessions to explore the numerous pool site option variations City of South Miami Administration Maria V. Davis - City Manager Earl Gallop - City Attorney Maria M. Menendez - City Clerk Alan Ricke - Parks & Recreation Director Joe Gibson - Community Redevelopment Agency Director Ajibola Balogun - Public Works Director Rudy De La Torre - Building superintendent We also wish to recognize the contributions from the Following Consultants: Aquatic Design & Engineering, Inc. - Pool Design Kimley -Horn & Associates, Inc. - Civil Engineering -1 - City of South Miami Commission . Mary Scott Russell - Mayor Velma Palmer - Vice Mayor Craig Z. Sherar - Commissioner Marie Birts= Cooper - Commissioner Randy G. Wiscombe - Commissioner City of South Miami Administration Maria V. Davis - City Manager Earl Gallop - City Attorney Maria M. Menendez - City Clerk Alan Ricke - Parks & Recreation Director Joe Gibson - Community Redevelopment Agency Director Ajibola Balogun - Public Works Director Rudy De La Torre - Building superintendent We also wish to recognize the contributions from the Following Consultants: Aquatic Design & Engineering, Inc. - Pool Design Kimley -Horn & Associates, Inc. - Civil Engineering -1 - With these interests in mind, the city engaged the services of MCHarry Associates to analyze the feasibility and implications of constructing a public pool on the Murray Park property. Initially, the study focused on broad -brush scope issues including tentative city interest in an enclosed pool; interactive water play facilities; an infant pool; and a public pool capable of hosting competitive swimming events. Over the course of several meetings with the city, and a public workshop, the scope of study was refined to a public pool and infant pool, only, to meet the City's commitment to offer a safe and secure public swimming pool environment for city residents and the community at large. The following graphic exhibits delineate four separate alternatives to the Murray Park master plan, adding a public pool facility and making related changes to both public parking and basketball hard- court locations. The proposed alternatives are the product of more than a dozen meetings conducted over several months with a variety of individuals representing neighborhood interests, the city commission, the community redevelopment agency, and the city's public works and parks and recreation departments. Each proposed alternative is organized, in part, around the city's interest in recapturing a meaningful playing field capable of hosting youth oriented field games at Murray Park. The options for siting the pool have, therefore, been limited to the northwest and southwest'corners of the site, preserving the largest possible open green space for this purpose. It is important to recognize that the full build out of Murray Park, as. proposed, is significantly constrained by the limited amount of park property available. Presentation and review of the various alternatives culminated with an April 29th Commission Workshop convened to solicit meaningful public comment and critique, and to achieve a consensus on which alternative best meets the City's goals and objectives. No definitive direction was identified in the workshop for implementing a Phase 3 Aquatic Center at Murray Park. A forthcoming commission meeting will be the venue in which the direction, necessary to initiate the City's process to solicit project funding, will be established. Murray Park Master Plan Update City of South Miami Public Swimming Pool Feasibility Study Final Report_ Executive Summary May 10, 2004 The City of South Miami has, for many years, had a strong interest in making a public swimming pool part of the phased master plan for Murray Park. When added to the Phase 1 Hope Butler Center completed in 2001, and the Phase 2 Community Center completed in 2003, the proposed Phase 3 Aquatic Center would complete the build out of Murray Park, and provide the City with a consolidated community /recreation center combining a range of athletic and recreational activities with educational opportunities for South Miami's youth and adult population. With these interests in mind, the city engaged the services of MCHarry Associates to analyze the feasibility and implications of constructing a public pool on the Murray Park property. Initially, the study focused on broad -brush scope issues including tentative city interest in an enclosed pool; interactive water play facilities; an infant pool; and a public pool capable of hosting competitive swimming events. Over the course of several meetings with the city, and a public workshop, the scope of study was refined to a public pool and infant pool, only, to meet the City's commitment to offer a safe and secure public swimming pool environment for city residents and the community at large. The following graphic exhibits delineate four separate alternatives to the Murray Park master plan, adding a public pool facility and making related changes to both public parking and basketball hard- court locations. The proposed alternatives are the product of more than a dozen meetings conducted over several months with a variety of individuals representing neighborhood interests, the city commission, the community redevelopment agency, and the city's public works and parks and recreation departments. Each proposed alternative is organized, in part, around the city's interest in recapturing a meaningful playing field capable of hosting youth oriented field games at Murray Park. The options for siting the pool have, therefore, been limited to the northwest and southwest'corners of the site, preserving the largest possible open green space for this purpose. It is important to recognize that the full build out of Murray Park, as. proposed, is significantly constrained by the limited amount of park property available. Presentation and review of the various alternatives culminated with an April 29th Commission Workshop convened to solicit meaningful public comment and critique, and to achieve a consensus on which alternative best meets the City's goals and objectives. No definitive direction was identified in the workshop for implementing a Phase 3 Aquatic Center at Murray Park. A forthcoming commission meeting will be the venue in which the direction, necessary to initiate the City's process to solicit project funding, will be established. 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Architecture Planning - interior Design Revised Fee Proposal South Miami Community Redevelopment Agency Mobley Building Renovations April 25, 2006 Fee Proposal is based on anticipated renovations to Mobley Building per RFQ No. 05- 001 and TRP questions of 2/16/06 and SMCRA answers of 211712006. In addition, this fee proposal includes design of necessary architectural, mechanical, electrical, plumbing and structural elements. fee is based on assumption that existing 2nd floor structure in southern most bay complies with building code and supports anticipated live and dead loads. No structural work other than that associated with closure of two existing overhead doors and new windows in the areas of those new closure walls. Two overhead doorfs will be removed and three of the four bays will be air conditioned and insulation will be added as required to comply with Florida Energy Code. Fee does not include any design work in Bay C (Parks Dept. storage) other than replacement of overhead door. There will be New wall, floor and ceiling finishes in three bays as part of the scope of work. Plumbing fixtures will be added to comply with Florida Building Code requirements in the three bays, and building interior will be modified as required to comply with ADA requirements. Site modifications are not part of the scope of work on which this fee proposal is based. Building will be re- roofed. if site modifications are desired, fee can be modified as required. This proposal is based on the assumption that all renovation work will occur in both design and construction concurrently as one project. Preliminary Statement of Construction Cost: 5,000 S.F. @ $80 /S.F : $400,000. Proposed Lump Sum Fee: $54,000. Alternate Fee: If the above described scope of work is modified to include the design of a new mezzanine in the southernmost bay of approximately the same area as the existing, utilizing new steel columns and footings, new steel structure w/ metal deck and concrete deck, a closure partition meeting code requirements as a safeguard, and a new steel stair in compliance with current code, the above stated fee would be increased by $4,000. This fee is based on the fact that this mezzanine floor is less than 3,000 S.F. in area and therefore does not require an elevator for vertical accessibility. If an elevator is desired, or required,. add an additional $1,800 to the fee per below. AAM01221 CortificationNo. 5815 S.W. 68 Sheet - Miami, Florida 33143 - Tel. (305) 663 -7301 Fax. (305) 663 -5411 THE RUSSELL PARTNERSHIP, INC. Architecture - Planning - Interior Design Proposed Lump Sum Fee w/ new Mezzanine: $58,000. Proposed Lump Sum Fee w/ new Mezzanine & New Elevator: $63,000. Preliminary Statement of Construction Cost w/ New Mezzanine: $450,000. Preliminary Statement of Construction Cost w/ Elevator added: $510,000. It is our understanding that interest has been expressed by an outside party in obtaining a long term lease, or for the purchase of this facility. Our firm is desirous of making any reasonable arrangement with the groups involved to €acilitate.the best use of this building for the benefit of the citizen's of South Miami. TLH /th RAPROJECTS106002 -R Mobley BulldinglDatalContraclAFee Proposal- ReW- 25- 06.doc Cer6 ficadoa NG. AA0001 W 5815 S.W. 68 Street - Miami, Florida 33143 - Tel. (305) 663 -7301 - Fax. (305) 663 -5411 EXHIBIT D PROPOSAL TO THE C1TY OF SOUTH MIAM[ FOR REHABILITATING THE MOBLEY BUILDING BY TIE ELIAS BROTHERS After examining the Mobley Building in South Miami we have come to the following conclusions. As experienced builders and a long time business residents it is our professional opinion that in order to rehab the building the following must be done: a. The building must be gutted in order to make it safe for occupancy. b. The building must have a new roof. c. The entire building, which is saturated with mold, must be sterilized for health reasons. d. All bay and. entrance doors must be replaced. e. All of the rest rooms must be replaced. f. New lighting fixtures must be installed in all of the bays. g. Air conditioning units must be installed in each bay. h. Electric meters will be installed for each bay. i. Second floors of about 25 to 30 percent of the each floor area will be added to each bay. j. Outdoor lighting must be installed around the exterior of the building. k. In order to give the City three bays an additional bay of the same dimensions will be constructed onto the north end of the building. 1. Basic landscaping and asphalt repair work needs to be done. m. The estimated cost of all repairs and the construction of the new bay will run between $850,000.00 to $900,000.00. It is our understanding the city desires the use of three of the bays once the building is made safe for occupancy. The Elias Brothers would also be interested in using two bays. Consequently, in view of the severe deterioration of the building and the cost involved to repair it we purpose the following: 1. The city will grant a fifty -year lease for the building to the Elias Brothers at one ($1.00) dollar per year. 2. The city will waive all taxes on the property. 3. The Elias Brothers will rehab the building at their cost and at no cost to the city. 4. The Elias Brothers will construct an additional bay on the north end of the building making it a total of five bays. 5. The city will lease three of the refurbished bays from the Elias Brothers for the duration of the lease. 6. The lease will be triple net. 7. The square foot price, the city will pay for the three bays, will be determined once all the costs of reconstruction are tabulated. S. The City will have the right to purchase the lease back from the Elias Brothers after 15 years at the going market price. South Miami OftericaM CITY OF SOUTH MIAMI 1 I I I r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager> From: Don O'Donniley, Planning Director ITEM No. Date: July 25,2006 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING REGULATIONS RETAINING TO PARKING REDUCTIONS IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE Request: In 1999 the City Commission adopted a limited nine month long parking moratorium Ordinance (No. 8 -99 -1682) affecting certain provisions of the Land Development Code which allowed for automatic reductions in required parking. Th legislation was a reaction to the impact of the Shops of Sunset and its purpose was to afford the city staff and citizens enough time to review the parking provisions in the Land Development Code and recommend amendments, if necessary. The moratorium was placed on three parking sections in the LDC which allowed for reduced required parking in the Hometown District and in the vicinity of the Metro -Rail station. The moratorium has been extended five times in order to allow for a completion of a downtown parking study (2004) In addition, amendments to the parking regulations were also recommended by the Zoning Task Force (2003), the Parking Committee (2005) and the Planning Board (2006). All of these recommendations are now included in the updated and reformatted Land Development Code which is now completed and should be presented to the City Commission in September. The latest extension of the moratorium was adopted in July 2005 (Ord. No. 24- 05- 1846). The 2005 ordinance amended the original moratorium to last 9 months until April 26, 2006. A member of the City Commission has requested that the existing parking moratorium be extended and further requested that consideration be given to expanding the moratorium to: • Section 20 -7.6 (C) - which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; • Section 20 -8.10 Bonus Allocations - parking space reductions provided in the Transit Oriented Development District (TODD) as part of the bonus allocations chart. The Planning Board after a public hearing, adopted a motion by a vote of 6 ayes 0 nays that the original moratorium be extended and that the two additional sections also be placed under the moratorium, with the limitation that the moratorium should not include payments into the Parking Infrastructure Trust Fund for existing structures . The attached draft ordinance provides for a ninth month moratorium extension as recommended by the Planning Board. Recommendation: It is recommended that the attached ordinance be approved on first reading. Backup Documentation: Draft Ordinance (2006) Excerpt from new LDC Parking Regulations Chapter Planning Department Staff Report 5 -30 -06 Planning Board Minutes Excerpt 5 -30 -06 1999 Ordinance Public notices DOD /SAY E: \Comm Items\2006 \7- 18- 06\PB -06 -016 CM Cover report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 1 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING REGULATIONS RETAINING TO PARKING REDUCTIONS IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), and 20- 7.6(B) of the South Miami Land Development Code all allow for a reduction in required off street parking; and WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has highlighted the need to reevaluate parking regulations contained within the South Miami Land Development Code; and WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8- 99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in order to require approval by a four /fifths vote of the City Commission and suspending the Land Development Code sections referred to above for a period of nine months ;and WHEREAS, the City Commission at several subsequent meetings, adopted ordinances extending for additional periods the amendments and suspensions of the Land Development Code sections referred to above; and WHEREAS, the amendments and suspensions of the Land Development Code sections referred to above expired on April 26, 2006; and WHEREAS, the purpose of the amendments and the suspensions was to afford staff and citizens an adequate time period to reevaluate the City's parking regulations and propose any necessary changes; and WHEREAS, the necessary evaluation and studies carried out by the Zoning Task Force, the Parking Committee, and the Planning Board are sufficiently completed to determine what amendments are needed; and WHEREAS, the at the City Commission meeting on May 2, 2006 it was requested that consideration be given to extending the moratorium to Section 20 -7.6 (C) which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; and extending the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2 moratorium to the parking space reductions provided Section 20 -8.10, TODD — Bonus Allocations; and. WHEREAS, it is appropriate to provide an additional nine (9) months to draft legislation, conduct public hearings, and adopt the proposed revisions to the sections of the Land Development Code which allow for parking reductions; and WHEREAS, the Planning Board at its May 30, 2006 meeting, after a public hearing, adopted a motion by a vote of 6 ayes 0 nays, recommending approval of the proposed ordinance which re- instates and expands the parking moratorium. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B) entitled "Required Parking," and the payment in lieu of parking provided for in Section 20 -7.6 (C) (2) entitled "Procedure" of the South Miami Land Development, are hereby amended as set forth below for a period of nine (9) months for the purpose of reviewing the effects and appropriateness of the adjustment provisions on the future developments, as follows: (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than 11' shall count as a full space. 2. Where arcades are optional, buildings with arcades shall receive an additional 5% reduction in the required number of spaces. 3. In addition to the above, one of the following may apply: a. Two -story buildings shall receive a 15% reduction in the required number of spaces. b. Buildings of two or more stories with uses from two of the three use categories provided herein under "Permitted Uses," each use constituting no less than 30% of the gross floor area, shall receive a 30% reduction in the required number of spaces. Buildings of three or more stories with uses from each of the three use categories provided herein, each use constituting no less than 25% gross floor area, shall receive a 45% reduction in the required number of spaces. 44 4. For new buildings greater than 25,000 sgft., changes of use and 45 additions greater than 10,000 square feet, the. allowable narking 46 adjustments identified in subparagraphs (2) and (3), above, shall 47 require the affirmative vote of four (4) members of the City 48 Commission and follow those procedures established for special use 49 permits as set forth in Section 20- 5.8(B) through (F), and shall follow 50 those procedures for public hearings set forth in Section 20 -5.1 through 51 20 -5.6. 52 3 1 5 For new buildings not exceeding 25,000 sqft., changes of use and 2 additions not exceeding 10,000 square feet, the allowable parking 3 adiustments identified in subparagraphs (2) and (3), above, shall 4 continue to be as provided. 5 6 7 6 For replacement of an existing building, completely damaged due to 8 natural or man made disaster, the allowable parking adiustments 9 identified in subparagraphs (2) and (3), above, shall continue to be as 10 provided. 11 12 (C) Procedure. 13 14 (1) The required number of spaces shall first be calculated pursuant to Section 15 20 -7.12 for each permitted use. The appropriate reduction in parking spaces 16 shall then be calculated as provided in Section 20 -7.6B above. If the 17 reduction calculated includes a fraction less than a whole number, the 18 reduction calculated shall be rounded up and subtracted from the required 19 (unadjusted) number of spaces to determine the adjusted parking 20 requirement. 21 22 (2) The difference between the number of spaces provided, including on street 23 parking, and the number of spaces required shall then be determined. If 24 there are fewer spaces provided than required for existing structures only, 25 the applicant must pay into the Parking Infrastructure Trust Fund a fee, as 26 determined from time to time by the parking committee, reflecting the 27 actual land and construction costs for parking, for each space required but 28 not provided. Monies paid into the Parking Infrastructure Trust Fund shall 29 be placed in a trust account separate from general funds and may be used 30 only for improvements to the city parking infrastructure to increase parking 31 capacity or to enhance use of existing parking capacity. 32 33 (3) Historic or contributive buildings are ekempt from all parking requirements. 34 35 (4) Any changes in use in a building will require a re- calculation in the required 36 parking pursuant to (B) above. If the new combination of uses requires 37 additional parking spaces, a fee, as determined from time to time by the 38 parking committee, must be paid into the Parking Infrastructure Trust Fund. 39 If fewer spaces are required, no refunds will be paid. 40 41 42 43 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via 44 Special Parking Permit," is hereby suspended for a period of nine (9) months for the purpose of 45 evaluating the effects and appropriateness of this provision on future developments. 46 47 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit," 48 is hereby suspended for developments within the boundaries of the Hometown District for a 49 period of nine (9) months for the purpose of evaluating the effects and appropriateness of 50 this provision on future developments within the Hometown District. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 n Section 4: Section 20 -8.10, entitled "Bonus allocations," is hereby modified as set forth below to eliminate the parking reductions and parking bonuses for developments within the boundaries of the Transit Oriented Development District (TODD) for a period of nine (9) months for the purpose of evaluating the effects and appropriateness of this provision on future developments within the TODD District. 20 -8.10 Bonus allocations. Action Bonus For every 1 floor of 1 additional floor of residential use residential use with the minimum parking requirement (two (2) cars per residential use) Public plaza -min. 5,000 sq. One (1) additional floor ft. and art work in plaza setting Develop full frontage with One (1) additional floor street design as part of pedestrian walkway system Develop "cross - tbru's" One (1) additional floor from street to public open space as part of pedestrian walk- system, on owner's property (maintenance required in Section 20- 8.15) For those properties that back up to public open space or easement. Buildings may be built in rear to within 5' of rear property or easement line. Section 5: The ordinance shall not apply to any development for which an application for development permit was submitted prior to the 1" reading. Section 6: All ordinances, resolutions and parts thereof, in conflict with this ordinance shall not be in force and effect during the time period of this ordinance. Section 7: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 8: This ordinance shall take effect immediately at the time of its passage. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 5 day of 2006. APPROVED: MAYOR CITY COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman E: \Comm Items\2006 \7- 18- 06\Parking moratorium Extension Ord 2006.doc 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE (F) Location and Ownership of Spaces. (1) All off -street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces located off -site. (a) Off -site parking spaces shall be permitted. in RM, R0, LO, MO, NR, SR, GR, TODD, H, PR and PI districts, with the provision that if off- street-parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off-street parking spaces may be located and maintained up to six hundred (600) feet from a residential or institutional use served and up to one thousand (1,000) feeffrom a noninstitutional and nonresidential use served. (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a_unity oftitle insuring that the required parking will be provided, or as a condition of the issuance of-the building permit for the principal use, the owner of the off-site parking shall record a covenant, easement, or long -term lease in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time' off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use,* the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or. greater capacity shall not [be] permitted in all RS, RT or RAI districts. (5) Parking structures shall not be located within required yard setback areas.. (6) No off-street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property' line. (Ord. No. 9 -99 -1683, § 4, 5 -4-99; Ord. No. 11 -03 -1795, § 1, 6-3 -03) (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to share the same required off -street parking spaces in a common parking facility, according to the following table: Uses Weekdays 6 a.m. 6 p.m. through through 6 p.m. 6 am. Supp. No. 8 94.2 Weekends 6 a.m. 6 p.m. 12 a.m. through through through 6 P.M. 12 am. 6 a.m. Uses Office or Bank Retail Hotel Restaurant Theater Nightclub Apartment or Townhouse Other Uses OTHER REGULATIONS Weekdays 100% 5% 20 -4.4 Weekends 10% 5% 5% 60% 20% 60176 60% 5% 50% 60% • 60% 100% 75% 50% 75% 75% 90%0 10% 10% 70 %n 60% 90 %v 10 %v 15% 50% 50/0 100% 90% .6 a.m. 6 p.m. 6 am. 6 p.m. 12 a.m. through through through through through 6 p.m. 6 am.. 6 p.m. 12 a.m. 6 a.m. 10% 100% 75% 100% 100% 100% 100% 100 %v 100% 100% Method of Calculation: Step 1. For each of the five (5) time periods, multiply the minimum number of parking spaces required by Section 20- 4.4(B), Space Requirements. Step. 2. Add the results of each column: The required number of parking spaces shall . equal the highest column total. Note —Ord. No. 15 -03 -1799, § 3, adopted June 3, 2003, amended § 3 of Ord. No. 8-99 -1682, adopted May 4, 1999, providing for. a suspension of the provisions of 20- 4.4(G) in the Hometown District for a period of 60 months. (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) 'afirmative votes of the city commission may reduce the number of required off-street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities, as provided for under Section 20- 4.4(J). Note —Ord. No. 15 -03 -1799, § 2, adopted June 3, 2003, amended § 2 of Ord_ No. 8 -99 -1682, adopted May 4, 1999, providing for a suspension of the provisions of 20- 4.4(11) in the Hometown District for a period of 60 months. (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision of valet parking spaces via special parking permit approved by four affirmative votes of the city commission, pursuant to the following conditions: (1) The valet parking operation shall comply with Section 20- 4.4(L), as amended from time to time, of the South Miami Land Development Code, entitled 'Valet Parking" [The remaining paragraphs are numbered and reordered'..] Supp.. No. 8 95 HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.6 Story. The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. For the purposes of these regulations a story shall be interpreted as each vertical unit of fourteen (14) feet maximum, e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two -story building. (Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No. 12 -96 -1612, §§ 8, 9, 7- 30 -96) 20 -7.6 Parking (A) Hometown District Parking Committee. Parking in the Hometown District must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. Six (6) private citizens and the Mayor shall serve as the Hometown District Parking Committee charged with oversight of the supply, convenience, safety, and management of parldng. The six (6) private citizens shall be appointed to two (2) year terms by the mayor with the advice and consent of the city commission and shall include two (2) landowners and two (2) tenants from the district and two. (2) residents of South Miami. The director of building, zoning and community development shall serve as the executive secretary to this committee. The committee shall report to the city commission no less than annuall y on the state of parking in the Hometown District and shall from time to time make recommendations to the city commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of trust fund monies. The mayor shall appoint the chairman of the committee. A quorum shall be four (4) members and an affirmative vote of a majority of the members present shall be required to pass' upon any matter the committee recommends. (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: (1) On -street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than eleven (11) feet shall count as a full space. (2) Where arcades are optional, buildings with arcades shall receive an additional five (5) percent reduction in the required number of spaces. (3) In addition to the above, one of the following may apply: (a) Two -story buildings shalfreceive a fifteen (15) percent reduction in the required number of spaces. (b) Buildings of two (2) or more stories with uses from two (2) of the three (3) use categories provided herein under "Permitted Uses," each use constituting no less than thirty (30) percent of the gross floor area, shall receive a thirty (30) percent reduction in the required number of spaces. (c) Buildings of three (3) or more stories with uses from each of the three use categories provided herein, each use constituting no less than twenty -five (25) percent gross floor area, shall receive a forty -five (45) percent reduction in the required number of spaces. Note —Ord. No. 15 -03 -1799, § 1, adopted June 3, 2003, amended § 1 of Ord. No. 8 -99 -1682, adopted May 4, 1999, providing for a suspension of the provisions of 20- 7.6(B) for a period of 60 months. Supp. No. 8 149 To: Honorable Chair and Planning Board Members From: Don O'Donniley Planning Director South Miami eiicaC; 2601 Date: May 30, 2006 Re: Modifying and suspending certain provisions of Land Development Code relating to parking PB -06 -016 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAAH, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING FOR A PERIOD OF NINE MONTHS CERTAIN PROVISIONS OF SECTIONS 20-4.4 (G) (H), 20 -7.6 (B) (C) AND 20 -8.10 THAT ALLOW FOR THE REDUCTION OF REQUIRED PARIONG SPACES,, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARIONNG COM [ITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARK NG SPACES AND TO PREPARE AND ADOPT NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND The City Commission at its May 4, 1999 meeting adopted a limited parking moratorium ordinance (No. 8 -99 -1682) The ordinance has been extended on five different occasions, the latest was adopted in July 2005 (Ord. No. 24- 05- 1846). The 2005 ordinance amended the original moratorium to last 9 months until April 26, 2006. MORATORIUM EXTENSION The moratorium was extended several times in order to allow for a completion of a downtown parking study (2004) In addition, amendments to the parking regulations were also recommended by the Zoning Task Force (2003), the Parking Committee (2005) and the Planning Board (2006). All of theses recommendations are now included in the updated and reformatted Land Development Code which is now completed and should be presented to the City Commission in September. REGULATIONS SUBJECT TO MORATORIUM The moratorium ordinance was a reaction to the impact of the Shops of Sunset and its purpose was to afford the city staff and citizens enough time to review the parking provisions in the Land Development Code and recommend amendments, if necessary. The moratorium was placed on three parking sections �j the LDC which allowed for reduced required parking in the Hometown District and in the vicinity of the Metro -Rail station. These were: (2) (1) Sec. 20-4.4 (H) Metro Rail Usage Consideration. Allows 50 % reduction in parking if within 1500 feet of the MetroRail Station; (2) Sec.20 -4.4 (G) Joint Use Spaces - Allows parking reductions if there is a mix of uses; (3) Sec.20 -7.6 (B) Hometown Adjustments. Allows for parking reductions for certain features (arcades) or for mixed uses in multi -story buildings. The City Commission was permitted to waive the moratorium if approved by a vote of four members. It is important to note that during the period the moratorium was in effect there were no special requests to waive the restrictions. EXPANSION OF MORATORIUM TO OTHER PARKING PROVISIONS A member of the City Commission has requested that the existing parking moratorium be extended and further requested that consideration be given to expanding the moratorium to: • Section 20 -7.6 (C) - which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; • Section 20 -8.10 Bonus Allocations - parking space reductions provided in the Transit Oriented Development District (TODD) as part of the bonus allocations chart. The attached draft ordinance provides for continuation of a 9 month moratorium on the three previous sections and for a moratorium on the above two new sections. STAFF OBSERVATIONS Staff is concerned about the placement of a moratorium on Section 20 -7.6 (C) which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces. This section is now being used by developers in the Hometown District. The Planning Board at its November 29, 2005 endorsed the continued use of this provision when it adopted the revised Chapter V, Parking Regulations as part of the new LDC. The Board also made adjustments to the fees charged for payment into Fund. Attached is an excerpt from the document adopted by the Planning Board. RECONEWENDATION It is recommended that the ordinance re- instating the previous the moratorium on parking bonuses and expanding the moratorium to include Sections 20 -7.6 (C) and 20 -8.10 as set forth above, be approved for a nine month period. It is also recommended that the fees for the Parking Infrastructure Fund be amended to reflect the fees set forth in the final draft of the reformatted "new LDC ". Attachments: Draft Ordinance (2006) Excerpt from new LDC Parking Regulations Chapter 1999 Ordinance Public notices DOD /SAY E:\PBIPB Agendas StaffReports\2006 Agendas StaffReportO- 30- 061PB- 06-016 Parking moratorium Extension Reportdoc CHAPTER 5 OFF STREET PARKING REGULATIONS PROPOSED SECTION 20- 5.03(A)(5) — as adopted by the Planning Board on November 29, 2005 5) Procedure .For Payment in lieu of providing required parking (a) The required number of spaces shall first be calculated pursuant to °@e fi...0 ''.112 for each permitted use. The appropriate reduction in parking spaces shall then be calculated as provided in QA-`= - (1) (2),or 3) above. If the reduction calculated includes a fraction less than a whole number, the reduction calculated shall be rounded up and subtracted from the required (unadjusted) number of spaces to determine the adjusted parking requirement. (a) The difference between the number of spaces provided, including on street parking, and the number of spaces required shall then be determined. If there are fewer spaces provided than required, the applicant , may substitute required parking spaces by payments to the City of South Miami Parking Infrastructure Trust Fund in accordance witb the following formula: (i) Re -use or new uses in an existing building built prior to 1999: $9500 one time Payment per space or $100 per month for a space, to be paid in each succeeding calendar year; (ii) New buildines built after 1999: $9500 one time payment per space for the first 10 required spaces: $14,000 one time payment per space for all spaces. after the first 10 required spaces; (iiiWayment in lieu of varldnu in new buildines may only be used for up to 10 spaces or up to 20% (whichever figure is greater) of the required parking spaces. (iv) All of the above fees must be adiusted annually based upon the current construction index. 2 ORDINANCE NO. 8 -99 -1682 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND 6 DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN 7 PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED 8 PARKING SPACES, FOR A PERIOD OF NINE MONTHS, . THEREBY 9 ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT 10 SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY, 11 EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND 12 PREPARE NECESSARY AMENDMENTS; PROVIDING THAT .13 ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND 14 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR 15 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 16 DATE. 17 18 WHEREAS, the Mayor and City Commission continue to support and promote 19 growth that is responsible and that contributes positively to the well being of the 20 community; and 21 22 WHEREAS, the Mayor and City Commission are committed to encouraging and 23 supporting the small property owners and local merchants in the development and 24 redevelopment of their properties; and 25 26 WHEREAS, the Mayor and Commission wish to respond to the impact of The 27 Shops at Sunset Place on the downtown parking supply; and 28 29 WHEREAS, the impact of the Shops at Sunset PIace on the downtown parking 30 supply has highlighted the need to reevaluate the parking regulations contained in the 31 South Miami Land Development Code; and 32. 33 WHEREAS, the Mayor and City Commission desire to afford City Staff and 34 citizens with an adequate time period to reevaluate the City's parking regulations and 35 propose any necessary changes; and 36 37 WHEREAS, the Mayor and City Commission find that it is in public interest to 38 modify and suspend certain parking provisions in the Land Development Code; and 39 40 WHEREAS, both the Planning Board and the Hometown District Parking 41 Committee have reviewed and approved the ordinance with comments which are 42 incorporated herein and 43 44 WHEREAS; the Mayor and City Commission continue to provide Ieadership in 45 areas of community concerns. 46 47 . 1R NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY I Section 1: The automatic parking adjustments allowed pursuant to Section 20- 2 7.6(B) of the South Miami Land Development. entitled "Required Parking," are hereby 3 modified for a period of nine (9) months for the purpose of reviewing the effects and 4 appropriateness of the adjustment provisions on the future developments, as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 . 40 41 42 43 44 45 46 47 48 49 (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: 1. On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than I F shall count as a full space. 2.. Where arcades are optional, buildings with arcades shall receive an additional 5% reduction in the required number of spaces. 3. In addition to the above, one of the following may apply: a. Two -story buildings shall receive a 15% reduction in the required number of spaces. b. Buildings of two or more stories with uses from two of the three use categories provided herein under "Permitted Uses," each use constituting no less than 30% of the gross floor area, shall receive a 30% reduction in the required number of spaces. C. Buildings of three or more stories with uses from each of the three use categories provided herein, each use constituting no less than 25% gross floor area, shall receive a 45% reduction in the required number of spaces. identified in subparagraphs (2) and (3), above. shall require the affirmative vote of four (4) members of the City Commission and follow those procedures established for special use permits as set forth in Section 20- 5.8(B) through (F), and shall follow those procedures for public hearings set forth in Section 20 -5.1 through 20 -5.6. 5. For new buildings not exceeding 259.000 sgft.. changes of use and additions not exceeding 10.000 square feet. the allowable parking adjustments identified in subparagraphs (2) and (3), above. shall continue to be as provided. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4p7 48 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via Special Parking Permit," is hereby suspended for a period of nine (9) months for the purpose of evaluating the effects and appropriateness of this provision on future developments. Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit," is hereby suspended for developments within the boundaries of the Hometown District for a period of nine (9) months for the purpose of evaluating the effects and appropriateness of this provision on future developments within the Hometown District. Section 4: The ordinance shall not apply to any development for which an application for development permit was submitted prior to the I" reading. Section 5: All ordinances, resolutions and parts thereof, in conflict with this ordinance shall not be in force and effect during the time period of this ordinance. Section 6: If any section, clause, sentence, or phrase of this ordinance is for any reason .held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 7: This ordinance shall take effect immediately at the time of its passage. .PASSED AND ADOPTED this 4th day of May 1999. ATTEST: APPROVED: zdt4zzi CITY CLERK MAYOR READ AND APPROVED AS TO FORM: / �,- CITY ATTORNEY j 1st Reading: 3/2/99 2nd Reading: 514/99 COKMISSION VOTE: 5-0 Mayor Robaina: Yea Vice Mayor Oliveros: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Commissioner Russell: Yea i - . J. lfi CEIVED MAY 13 1999 49 c:\ \parking modification study ord.doc\ Planning Bbard MAl INCORP27 ORATEI 19 ��ORt9 CITY OF SOUTH MIAMI PLANNING BOARD / Action Summary Minutes Regular Meeting Tuesday, May 30, 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 7:36 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, Mr. Comendeiro, Ms. Lahiff, Mr. Beilman, Mr. Davis and Mr. Farfan. Board members absent: Ms. Yates. City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings Mr. Morton swore in the speakers. PB -06 -016 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING FOR A PERIOD OF NINE MONTHS CERTAIN PROVISIONS OF SECTIONS 20 -4.4 (G) (R), 20 -7.6 (B) (C) AND 20 -8.10 THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES,, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE AND ADOPT NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS Planning Board Meeting May 30, 2006 Page 2 of 3 TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Beilman read the ordinance into the record. Mr. O'Donniley explained that on May 4, 1999, the City Commission adopted a limited parking moratorium ordinance (No. 8 -99- 1682). The ordinance had been extended on five different occasions; the latest was adopted in July 2005 (Ord. No. 24- 05- 1846). The 2005 ordinance amended the original moratorium to last 9 months therefore the moratorium ended on April 26, 2006. He noted that the parking moratorium affects certain provisions of the Land Development Code (LDC) which allow for automatic reductions in required parking. At this time, Mr. O'Donniley provided a background summary of the moratorium. He indicated the moratorium was extended several times in order to allow for a completion of a downtown parking study in 2004. In addition, amendments to the parking regulations were also recommended by the Zoning Task Force in 2003, the Parking Committee in 2005 and the Planning Board in 2006. All of these recommendations are now included in the updated and reformatted Land Development Code which is now complete and should be presented to the City Commission in September. Additionally, he stated the moratorium ordinance was a reaction to the impact of the Shops at Sunset and its purpose was to afford the city staff and citizens enough time to review the parking provisions in the LDC and recommend amendments, if .necessary. The moratorium was placed on three parking sections in the LDC which allowed for reduced required parking in the Hometown District and in the vicinity of the Metro -Rail station. Mr. O'Donniley also informed the Board that on behalf of a member of the City Commission it was requested that the existing parking moratorium be extended as well as that consideration be given to expanding the moratorium to: ® Section 20 -7.6 (C) - which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; ® Section 20 -8.10 Bonus Allocations - parking space reductions provided in the Transit Oriented Development District (TODD) as part of the bonus allocations chart. Mr. Youkilis pointed out that the attached draft ordinance provided for continuation of a 9 month moratorium on the three previous sections and for a moratorium on the two new sections. The Board and staff proceeded to discuss the two aforementioned sections. Mr. O'Donniley then provided the following staff observations. He indicated staff was concerned about the placement of a moratorium on Section 20 -7.6 (C) which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces. This section is now being used by developers in the Hometown District. The Planning Board at its November 29, 2005 endorsed the continued use of this provision when it adopted the revised Chapter V, Parking Regulations as part of the new LDC. The Board also made adjustments to the fees charged for payment into Fund. Planning Board Meeting May 30, 2006 Page 3 of 3 Recommendation Staff recommended that the ordinance re- instating the previous the moratorium on parking bonuses and expanding the moratorium to include Sections 20 -7.6 (C) and 20 -8.10 as set forth above, be approved for a nine month period. It is also recommended that the fees for the Parking Infrastructure Fund be amended to reflect the fees set forth in the final draft of the reformatted "new LDC ". Chair Morton opened the public hearing. No spoke on this item. Chair Morton closed the public hearing. Motion: Ms. Lahiff moved to recommend approval. No one seconded the motion The Board resumed discussion and addressed specifically Section 20 -7.6 (C). Mr. O'Donniley clarified that during the moratorium period, the moratorium should only apply to new construction and not existing structures. The Board concurred with the Mr. O'Donniley's clarification. Furthermore, The Board agreed with the two new additional sections being included under the moratorium with the limitation that the moratorium should not affect payments into the Parking Infrastructure Trust Fund for existing structures. After the discussion has ended Chair Morton asked Ms. Lahiff if she would amend her motion to include the change suggested by the Board. Ms. Lahiff proceeded to amend her motion. Amended Motion: Ms. Lahiff moved to approve that the original moratorium be extended and that the two new sections also be included under the moratorium, with the limitation that the moratorium should not affect payments into the Parking Infrastructure Trust Fund for existing structures. Mr. Commendeiro seconded the motion. Vote: Ayes 6 Nays 0 e T ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA RELATING TO AMENDING THE CITY OF 6 SOUTH MIAMI CODE OF ORDINANCES, BY 7 REVISING CHAPTER 11 (GARBAGE & TRASH), 8 SECTION 11 -21(b) ENTITLED "EXTENT OF SERVICE 9 AND POINTS OF COLLECTION — DOMESTIC 10 TRASH" IN ORDER TO ALLOW THE PLACEMENT 11 OF LAWN YARD CLIPPINGS AT THE CURB FOR 12 COLLECTION NO MORE THAN SEVENTY -TWO (72) 13 HOURS PRIOR TO THE SCHEDULED PICKUP DAY; 14 PROVIDING FOR SEVERABILITY; PROVIDING FOR 15 ORDINANCES IN CONFLICT; AND PROVIDING AN 16 EFFECTIVE DATE. 17 18 WHEREAS, in 2005 certain homeowners have expressed that the provisions of 19 Chapter 11, Sec. 11- 21(b), which limits the placing of domestic trash at the curb for 20 collection to no more than seventy -two (72) hours prior to the scheduled pickup day, 21 constituted a hardship and thus, after public hearing, section 11 -21(b) was revised to 22 allow to place domestic trash out up to seven (7) days prior to pickup; and, 23 24 WHEREAS, since implementation of the revised code the city has appeared 25 sloppy and un- groomed and pubic works staff have voiced concerns over the new seven 26 (7) day process; and, 27 28 WHEREAS, public works has recommended the city go back to the seventy -two 29 (72) hour provision; and, 30 31 WHEREAS, after hearing the new concerns over the seven (7) day lawn clipping 32 provision, the Mayor and Commission recommended that the particular code provision be 33 amended as to regular lawn and yard clippings and amend the code back to its original 34 seventy -two (72) hour provision. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE 37 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 38 39 Section 1, Section 11 -21(b) Entitled "Extent of Service and Points of 40 Collection — Domestic Trash" of the South Miami Land Development Code is hereby 41 amended to read as follows: 42 Page 1 of 2 Additions shown by underlining and deletions shown by eveieg: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (b) Domestic trash. Domestic trash in containers and bundled domestic trash shall be placed at the curb for collection not more thean seventy -two (72) hours prior to be the scheduled pickup day and removed from the curb within seventy -two (72) hours after pickup. In no case shall the bundled trash weigh more than fifty (50) pounds or be longer than four (4) feet in length. The amount of domestic trash shall not exceed the equivalent in volume of two (2) 30- gallon containers for each collection. The collection procedure for domestic trash as described herein may change due to emergencies and circumstances beyond the control of the city. In such situations the collection of domestic garbage shall be given priority. Grass, hedge clippings, leaves, branches and vines are not required to be bundled as domestic trash and may be placed at the curb a maximum of 72 hours -7 4ay-s—before the scheduled pickup day. These items may be placed at the curb as explained in subsection (c) below for special mechanized pickup on the scheduled pick Lip dU. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. 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. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney APPROVED: MAYOR 1 s' Reading — 2" d Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe Commissioner Beckman: Commissioner Birts: Commissioner Palmer: Page 2 of 2 Additions shown by underlining and deletions shown by ever-striking. South Miami AIMMUCRY -•- CITY OF SOUTH MIAMI • INCORPORATED � OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM— 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Alan Ricke, Parks and Recreation rctor Date: July 25, 2006 Subject: Senior Weekend Meals Delivery Agenda Item # Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, , AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC. IN AN AMOUNT NOT TO EXCEED $23,000.00 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE CHARGED, TO THE SENIOR MEALS PROGRAM ACCOUNT NUMBER 114 - 2041 - 572 -3450; PROVIDING FOR AN EFFECTIVE DATE. Request: We are requesting approval of the attached V`resolution authorizing the payment of up to $23,000.00 to Construction Catering, Inc. for the delivery of weekend meals to senior residents in South Miami. Reason /Need: The City of South Miami has been awarded -a grant in the amount of $23.000.00 from the Miami -Dade County Department of Human Services to provide weekend meals to South Miami senior residents. In order to provide this service as efficiently and effectively as possible, it would be in the City's best interest to contract with an experienced food catering service to prepare and deliver the meals. The attached resolution would allow the City Manager to execute a service agreement with Construction Catering, Inc., a qualified Miami -Dade County vendor (Dade County Bid No. 2365- 4/09). The service agreement allows for Construction Catering, Inc. to provide three meals per weekend to approximately 175 seniors per week. Cost: Not to exceed $23,000.00 Funding Source: Funding for this purchase is included in the current Fiscal Year budget in the DHS Social Services 23K - Senior Meals Program account number 114.2041.572.3450 with a current balance of $23,000.00. Backup Documentation: Draft Resolution Copy of Construction Catering, Inc. Service Agreement Copy of Notice of Bid Award to construction Catering, Inc. 0 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE,, CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC. IN AN AMOUNT NOT TO EXCEED $23,000.00 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE CHARGED TO THE SENIOR MEALS PROGRAM ACCOUNT NUMBER 114- 2041 -572 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has received a grant from the Miami -Dade County Department of Human Services for the purpose of providing additional weekend meals to South Miami senior residents; and WHEREAS, Construction Catering, Inc. is a Miami -Dade 'County approved vendor which currently provides food service for several senior centers across the County, including the South Miami Senior Center; and WHEREAS, Construction Catering, Inc. will provide the weekend meal delivery service for an amount not to exceed $23,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI THAT: Section 1. The City Manager is authorized to execute the contract with Construction Catering, Inc. for the provision of weekend meal delivery service for South Miami senior residents. Section 2. Payment in an amount not to exceed $23,000.00 be charged to the DHS Social Services 23K — Senior Meals Program account number 114.2041.572.3450 with a current balance of $23,000.00. Section 3. This resolution shall take effect immediately upon execution. ATTEST: CITY CLERK PASSED AND ADOPTED this day of APPROVED: Commission Vote: READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: CITY ATTORNEY Commissioner Birts: Commissioner Beckman: CA\Documents and Settings\Adcke\My Documents \Word Documents\ Resolutions \ConstructionCatering 006.doc 2006. construction Construction Catering Inc, will provide the following services to City of South Miami at 6701 SW 62 Avenue, Miami, Fl. 33143. Service Agreement Meals are based on the four — cycle four -week menus attached which are designed for the nutrition of adults by a licensed nutritionist, meeting the usual, one -third RDA required. Construction Catering will be closed on the following dates: Labor Day, Christmas Day, and New Years Day. Any other "Holidays not rrieritioned in this contract, may also be observed. We will cooperate on providing meals for these holidays and special arrangements including additional cost to be determined. Special meals will be provided as needed with sufficient notification from Monday through Friday only. Special meals may be Box Lunches. The food will be transported in thermos containers in order to maintain the proper temperature required by law. As a reminder, we are a current food vendor or supplier for The Miami Dade County. The cost per meal will be $ 3.30 per person for the home bound and $3.50 for the home delivered. Food quality is to be nutritional and of a good quality. Portion sizes are standard adult portions and labeled as often as practicable on the menus. All meals will be prepared and guaranteed in accordance with Miami Dade County Bid # 2365- 4/09. Payment plans are as follow: Payments are due on the 1St day of each month and will not exceed a total of $ 23,000 for the length of the agreement. This contract will start upon notification and will terminate on September 30, 2006. Accepted on this bound Witness (Authorized Representative) Witness (Authorized Representative) day of 2006, with intend to be Construction Catering Inc. South Miami 2472 N.W. 21 st Terrace - Miami, Florida 33142 Phone (305) 633 -5668 a Fax (305) 633 -1489 MIAMI -DADE COUNTY, FLORIDA #,IVA Mt!1M1 -QA _ STEpHEN R CLARK CENTER March 11, 2005 Mr. Gustave Estanfil CONSTRUCTION CATERING, INC. (591275454) 2472 N.W. 21" TERRACE Miami, Florida 33142 AWARD LETTER RE: BID NO.: 2365 -4109 Food 'Catering Services (C.A,A.) Dear Mr, Estanfil: DEPARTMENT OF PROCUREMENT MANAGEMENT ADMINISTRATION AND FISCAL DIVISION 111 NW 1ST STREET SUITE 1300 MIAMI, FLORIDA 33126 -1874 (305) 375 -5289 FAX: (305) 375 -4726 This is to advise that your proposal have been accepted for the above referenced bid for the contract period To find out wlaat specifically was awarded to you, please contact Sherry Clentseale at 305 -375 -3900. This award is Section .0, upon receipt of a satisfactory Performance Bond in the amount of $162,987.50 as specified in Section 2.0, paragraph 2.13, of the Special Conditions. Enclosed is a copy of the Performance Bond form to be used. NO OTHER )WORMS WILL BE ACCEPTED. This award is also contingent upon the receipt of your Certificate of Insuronce per Section 2.0, paragraph 2.11, of the Special Conditions. The Performance Bond and the Certificate of Insurance, must be submitted to the Department of Procurement Management, Attention: 'Vendor Assistance, 111 NW 1st Street, Suite 1300, Miami, 11lorida 33125, within fifteen (15) calendar days from date of this letter. If you fail to comply within the time specified, you shall be considered in default and the recommendation of award will be rescinded. We look forward to a fine business relationship with your company. If you should have any questions, please feel free to contact this office at 305 -375 -4369. Sincerely, LINTY e Insuruncc Compliance Coordinator rg/rg Attachments (C: Ndx mid 0011W C kwad ICawC innurx"jCC pmf bolld j.ttCr dot;) Z 'HOdd 68tlI669506 I 0NIHS1VD_N0I10nH.LSN00 I Z : Z T (IH3) 9 002 't,; 'Zflf South Miami U • INCORPORATED • CITY OF SOUTH MIAMI o Rro �' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sonia Lama, AIA, Building Director Date: July 25, 2006 Item No. Subject: Inspection Services Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $14,365 TO J.E.M. INSPECTION & ENGINEERING SERVICES, INC. FROM ACCOUNT NO.1610 -524 -3450 FOR BUILDING AND ROOFING INSPECTIONS, AND PROVIDING FOR AN EFFECTIVE DATE. Reason/Need: A shortage of inspectors throughout Dade County has resulted in the need for consulting services. Cost: $14,365 Funding Source: From Account No. 1610 -524 -3450 Contractual Services, with a balance $50,652. Backup documentation: Invoice attached. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $14,365 TO J.E.M. INSPECTIONS & ENGINEERING SERVICES, INC. FROM ACCOUNT NO.1610 -524 -3450 FOR BUILDING AND ROOFING INSPECTIONS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City must provide building and roofing inspections as required by the Florida Building Code; and s WHEREAS, the City has contracted the services of J.E.M. Inspections and Engineering Services, Inc. for the performance of these inspections. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to disburse the sum of $14,365 to J.E.M. Inspections & Engineering, Inc. for services rendered. Section 2. This sum will be disbursed from Contractual Services Account No. 1610 -524 -3450, With a current balance of $50,652. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this day of July, 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: C:\Documents and Settings \SRothstein\My Documents \Reso- OrdUEM RESOLUTION.doc i Inspections & Engineering Statement for Serviceo Pendered City of South Miami Building & Zoning Department 6130 Sunset Drive 5outh Miami, Florida 33143 July 06, 2006 (Invoice #1030 -001) Re: Inspection activity report for inspection services rendered to the City of Coral Gables by A. Figueroa from 05 -14 thru 06 -24-06 Date DescriMion Amount Charged 05115106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 05116106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 05/17/06 7.0 hours - Building /Roofing inspections & plan review ............... $455.00 05118106 4.0 hours - Building /Roofing inspections & plan review ............... $260.00 05119106 8.0 hours - Building /Roofing inspections & plan review ........... . ... $520.00 Subtotal for week ending 05 -20 -06 .............. 2 275.00 05/22/06 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 05/23/06 8.0 hours - Building /Roofing in5pection5 & plan review ............... $520.00 05/24/06 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 05125/06 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 05126106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 Subtotal for week ending 05 -27 -06 .............. $2,600.00 3525 N.W. 115 Avenue ♦ Doral, FL 33178 ♦ Phone: 305 - 477 -7878 ♦ Fax: 305 -477 -6848 City of 5outh Miami Building & Zoning Department July 06, 2006 Page 2 05130106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 05131106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06101106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06102106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 Subtotal for week ending 06 -03 -06 .............. $2,080.00 06105106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06106106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06/07/06 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06108/06 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06109106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 Subtotal for week ending 06 -10 -06 .............. $2,600.00 06112106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06113106 7.0 hours - Building /Roofing inspections & plan review ............... $455.00 06/14/06 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06115106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06116106 3.0 hours - Building /Roofing inspections & plan review ............... $195.00 Subtotal for week ending 06 -10 -06 .............. 122LO.00 3525 N.W. 115 Avenue ♦ Doral, FL 33178 ♦ Phone: 305477 -7878 ♦ Fax: 305 - 477 -6848 City of South Miami Building & Zoning Department July 06, 2006 Page 3 06119106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06120106 8.0 hours - Building /Roofing inspections & plan review ............... $520.00 06121106 8.0 hours - Building /Roofing in5pectione & plan review ............... $520.00 06122106 8.0 hours - Building /Roofing in5pectione & plan review ............... $520.00 06/23/06 8.0 hours - Building /Roofing in5pectione & plan review ........... 520.00 Subtotal for week ending 06 -2406 .............. $2,600.00 TOTAL AMOUNT DUE .................................................. $14,3650.00 Payment should be made payable to J.E.M. Inspections & Engineering Services, Inc. If you have any queotiono regarding this Statement, kindly contact our office. Thank you. 3525 N.W. 115 Avenue ♦ Doral, FL 33178 ♦ Phone: 305 - 477 -7878 ♦ Fax: 305 -477 -6848 South Miami ANl PONClb CITY OF SOUTH MIAMI 11111F OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: Lisa Morton, Acting Chief of Police Date: July 25, 2006 Item No. Subject: Police Motorcycle Lease Request: A RESOLUTION OF THE MAYOR AND CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW ONE YEAR LEASE AND MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH FT. LAUDERDALE HARLEY- DAVIDSON, DISBURSEMENT OF THE FUNDS FROM ACCOUNT NO. 1910- 521 -4450 (PURCHASE/LEASE- POLICE VEHICLES). Reason/Need: The Police Department is required to enforce the traffic laws of the State of Florida to provide for the public safety. Motorcycles play an important part of this enforcement effort. The Police Department leases its motorcycles from Ft. Lauderdale Harley Davidson. The previous two -year lease expired on April 30, 2006. At this time the Police Department is requesting to enter into a one year contract with Ft. Lauderdale Harley Davidson. This will be the seventh year that the Police Department has leased motorcycles under Ft. Lauderdale Harley Davidson's Police Leasing Program. The contract is for the same price and terms as the previous contract ($250.00 per month per motorcycle which includes a maintenance agreement). This is under a special program for Police Departments offered by Ft. Lauderdale Harley Davidson. Cost: $6,000.00 Funding Source: $2500.00 (5months) will come from the 2005/06 budget and $3500.00 (7 months) will come from the 2006/07 budget from the Lease/Purchase — Police "Vehicles Account No. 1910 -521- 4450 with a current balance of $3,100.00. Backup Documentation: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW ONE YEAR LEASE AND MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH FT. LAUDERDALE HARLEY- DAVIDSON, DISBURSEMENT OF THE FUNDS FROM ACCOUNT NUMBER 1910- 521 -4450 (PURCHASE/LEASE- POLICE VEHICLES). WHEREAS, the police department is required to enforce the traffic laws of the State of Florida to provide for the public's safety, and police motorcycles play an important part in this enforcement effort which has been shown to reduce the number of traffic accidents, thereby making our community safer; and WHEREAS, motorcycle officers can quickly and safely respond to calls concerning accidents in heavy traffic, maintain preventive traffic enforcement programs, and provide escorts; and WHEREAS, the previous two -year lease has expired and the terms of the new one year lease contract, commencing May 1, 2006 and ending on April 30, 2007, requires monthly payments of $250.00 per motorcycle; and WHEREAS, Ft. Lauderdale Harley- Davidson is the only dealer in this area with two motorcycles available for leasing for one year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager be authorized to disburse funds in the amount of $6,000.00 ($2500.00 (5months) from the 2005/06 budget and $3500.00 (7 months) from the 2006/07 budget) payable to Ft. Lauderdale Harley- Davidson and disbursement be charged to account number 1910 -521 -4450 (Lease/Purchase- Police Vehicles) with a current balance of $3,100.00. Section 2. That the City Manager is authorized to execute such contracts and documents as are necessary to continue the lease of said vehicles, providing for an effective date. PASSED AND ADOPTED this day of July, 2006 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman MOTORCYCLE LEASE AGREEMENT This Motorcycle Lease Agreement (the "Lease ") is made this 13th day of April, 2006 by and between Bruce Rossmeyer's Fort Lauderdale Harley Davidson, 443 South State Road 7, Fort Lauderdale, FL 33317, ( "Dealer" or "Lessor ") and The City of South Miami, (the "Department" or "Lessee "), whose address is 6130 Sunset Drive, South Miami, FL 33143, for the lease of police motorcycles as described in Exhibit "A" attached hereto, for use by the Department's authorized employees in the performance of police related or law - enforcement duties. If department policy allows, police motorcycles may be used as take home vehicles. The terms and conditions of the Lease are as follows: 1. Term: The term of this Lease shall be twelve (12) months commencing on May 1, 2006 and ending on April 30, 2007. Lessee shall have the right to extend the term of this Lease, provided that Lessor agrees, upon the same terms and conditions as provided in the Lease. In the event Lessee elects to exercise its option to renew the terms of this Lease, then Lessee shall provide Lessor with written notice of its election. 2. Payment: Lessee shall make monthly lease payments to Lessor on or before the first day of each month to the Lessor in the amount of $250.00 for each vehicle commencing May 1, 2006 which includes customary maintenance as per manufacturer's recommendation. Maintenance will include all service, tires, brakes and cost of labor except to the extent that same are due to misuse, neglect or damage from accidents. 3. Miscellaneous Fees: Lessee agrees to pay for all official fees in connection with the certificate of title, registration and license fees and any applicable taxes, for each of the leased vehicles. Lessor agrees to waive all charges with respect to freight and dealer prep of the vehicles except those cost associated with the installation of a police package or any other additional equipment purchased by the Department, for the vehicles. 4. Maintenance, Repairs and Operating Expenses: Lessee is responsible to keep the vehicles in good working order. Lessee agrees to service the vehicles according to the manufacturer's recommendations as outlined in the owner's manual for the vehicles, and as requested by the manufacturer in any recall campaign. Lessee's use or repair of the vehicles must not invalidate any warranty. The Lessee has elected to participate in a Lease that includes maintenance by Lessor of the vehicle. The cost of 2 such maintenance is included in the monthly lease payment. The maintenance plan covers parts and labor for all service and maintenance recommendations as set forth in the Harley Davidson Owner's Manual as well as tire replacement and brake repair not necessitated by misuse, neglect, or damage from accidents. 5. Use and Subleasing: Lessee agrees that the vehicles (a) will be operated only by authorized licensed drivers employed by Lessee as law- enforcement officers; (b) will be kept free of all fines, liens and encumbrances; (c) will not be used illegally, improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not be altered, marked or have equipment installed on them without Lessor's consent. The installation of police equipment and department's police markings will be allowed. 6. Insurance: During the term of the Lease Lessee must maintain public liability and physical damage insurance on the vehicles that covers both Lessee and Lessor. Lessee agrees that the Department's own liability and personal injury protection insurance will provide primary insurance coverage up to its full policy limits. Lessor must be named as "additional insured" on your insurance policy and "loss payee" for physical damage to the equipment. Lessee will provide Lessor will evidence of this insurance. Lessee's insurance policy must provide that Lessor will be notified in writing at least 10 days before the insurance is cancelled or coverage altered and that Lessor, or its representatives, may have full access to any claim file in the event of an insurable loss. In the event of a total loss, Lessee's maximum exposure shall be the Dealer's cost of the vehicle. 7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully with Lessor and any insurance company in the investigation and defense of any and all claims arising from possession and use of the vehicles. Lessee will make a complete report to Lessor within a reasonable time period after any accident, theft or loss involving the vehicles. 8. Indemnification: Lessee agrees to indemnify and hold Lessor, its affiliates, assignees, officers, agents and employees harmless from all losses, liability, damages, injuries, claims, demands and expenses, including attorneys fees, arising out of the use of the vehicles while in the care, custody or control of the Lessee. Lessee does not waive its right to sovereign immunity under 768.28 of the Florida Statues. Lessor agrees to indemnify and hold Lessee, its affiliates, assignees, officers, agents and employees harmless from all losses, liability, damages, injuries, claims, demands and expenses, including attorneys fees, arising out of the use of the vehicles while in the care, custody or control of the Lessor. 2 3 9. Limitation of Liability: Lessor shall not be liable for any indirect or Consequential damages or inconvenience (except for those relating to personal injury) which may result to Lessor from any damages to, or defect in, the vehicles for the time needed to repair or service the vehicles_ Monthly lease payments shall continue and not be reduced or delayed during this time. Lessor makes no express warranties covering the vehicles. In particular, Lessor makes no express warranties of vehicle condition, merchantability, durability or fitness for a particular purpose of use covering the vehicle, and Lessor expressly disclaims any such express warranties. 10. Return of the Vehicles: At the end of the Lease, the Department must return the vehicles to Lessor in good condition, without damage, excessive wear or use and with all the original equipment installed by the manufacturer. FORT LAUDERDALE CITY OF SOUTH MIAMI HARLEY DAVIDSON By: 'k= By: Barry Kuhnly, Manager Signature Police/Fleet Sales & Leasing Title: 3 Print Name EXHIBIT "A" April 13, 2006 Lessee's Name: City of South Miami Model Year: 2005 Model Description: FLHPI, Two -Tone, Blue and Silver Number of Units: 2 Vehicle Identification Numbers: 1. 1 HD 1 FHW 1X5Y668896 2. l HDl FHW 105Y672648 4 South Miami kriAnd AHArai ft 1 1 `" -•� CITY OF SOUTH MIAMI ' INCORPORATED OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM.:, 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Gremaf Reyes, MIS Manager 9 Date: July 25, 2006 Subject: A RESOLUTION OF THE MAYOR AND CITY- COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $54,960.00 FROM ACCOUNT NUMBER 001 - 1340- 513 -4634 TO SUNGARD HTE INC., FOR THE SUPPORT AND UPGRADE OF THE CITY'S AS400; AND PROVIDING FOR AN EFFECTIVE DATE. Reason/Need: The City is in need of a new and updated software package. SunGard HTE Inc. has offered to upgrade software and technology for a total cost of $54,960.00. This is a currently budgeted expenditure for FY 05/06. Our software application, which is eight years old, is menu driven which is extremely slow and requires more training for new personnel. A "Needs Assessment" performed by HTE indicated that: 1. Employees had requirements that the present software could.not fulfill. 2. Employees need more training. The implementation period will be November 2006. All Department Directors will be required to meet with appropriate HTE personnel at least once a month during this period of training. • HTE has provided excellent training and HTE has allowed the City to request certain trainers that we have established relationships with and who work well with city personnel. • HTE provides periodic upgrades to all applications, which keeps the applications state -of — the -art. The cost of the upgrades is included in the annual maintenance: fee. The system will be state -of -the -art technology, which will include an integrated, multi - platform network which will provide the following services. Fleet Management: Provides an automated way to monitor the condition of vehicles and equipment and to automatically schedule preventive maintenance. When using the SunGard HTE Fleet Management application, you collect the information necessary to control and analyze fleet costs at single or multiple locations. The Fleet Management ,reporting system delivers a powerful tool to assist you in making critical decisions for both equipment,and employee performance. - Scheduled maintenance - Manufacturer recalls - Warranties - Pending service requests • Fixed Assets: It automates your fixed asset processes, tracks the value of an item throughout its economic lifetime, and supplies detailed accounting information. It also tracks the location and value of each item to facilitate physical inventory. • Acquisition of assets and asset improvements • Depreciation (monthly or yearly) of depreciable assets and asset improvements • Disposal of assets and asset improvements We have determined that HTE is the only system that fully meets the requirements of the entire City. • HTE is the largest governmental software provider in the State. • The City has eight years experience with HTE. • Costumer Service provided by HTE has been excellent. COST: $54,960.00 FUNDING SOURCE: Maintenance Internet Software Account No. 001- 1340 -513 -4634 , with a current balance of $81,000.00. RECOMMENDATION Commission approval of the resolution is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $54,960.00 FROM ACCOUNT NUMBER 001 - 1340 - 513 -4634 TO SUNGARI) HTE INC., FOR THE SUPPORT & UPGRADE OF THE CITY'S AS400; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SunGard HTE Inc., is the current manufacturer and provider of the current City Hall management computer software; and WHEREAS, SunGard HTE Inc., Fleet Management and Fixed Asset software will increase efficiency related to critical date entry and inventory control information; and WHEREAS, SunGard HTE Inc., will provide maintenance and technical support for their Fleet Management and Fixed Asset software packages. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to disburse a sum of $54,960.00 to SunGard HTE Inc., charging the disbursement to account number Maintenance Internet Software Account No. 001- 1340- 513 -4634 with a current balance of $81,000.00 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 2006. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: C/) i g ( J \ J� § [ ■ ■- $ � \ \ ( 7 ( \ } / � 2 \ / [� � $ , $ � � t (( 8 §� ��■ $ �! _ |\ � � ) (( (} 4 a ƒ $ $} 9( {(E} & $ � $(\ : . .. ] . . / \ \ . J� § [ ■ ■- $ � \ \ ( 7 ( \ } / � 2 \ / [� � \( , $ � � t (( 8 §� ��■ $ �! _ |\ � � Train Training Annual Project Aunlications License fees Days Costs Maintenance Management Alf -Asset Management II $9,600.00 $4.00 $4,800.00 $1,920.00 $1,200.00 Total $9,600.00 $4.00 $4,800.00 $1,920.00 $1,200.00 filly 1. Travel and Living expenses are payable by the client. 2. Price quote valid for 90 days. 3. There is no testing and acceptance period. Warranty period is 120 days, beginning at date of delivery. 4. License Fees are due upon contract execution. Annual Maintenance will be billed 120 days after delivery. , 5. Training will be billed as incurred. 6. Asset Management II works with either GMBA or Infisys. Has more function than FA. Two day trips needed is A2 includes conversion. Quote Prepared for Gemaf Reyes Source 1/1/2006 Revised 5/9/2006 Conversion coat not included in this pricing. Quote Prepared for Gremaf Reyes South Miami FL -Asset Management Om M",= To: The Honorable Mayor Feliu and Members of the City Commission / Via: Yvonne S. McKinley, City Manag r r From: Julie L. Dalzell Grants Administrator Date: July 25, 2006 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT PROJECT AGREEMENT OF $200,000.00 WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE ACQUISITION OF THE DISON PROPERTY; PROVIDING AN EFFECTIVE DATE Request: Authorization for the City Manager to execute a Project Agreement with Florida Department of Environmental Protection Florida Recreation Development Assistance Program (FRDAP) for acquisition of the Dison Property located at 8021 SW 58 Avenue. Reason/Need: In consistent effort to maintain and improve the general livability of the city through the availability of recreation/open space, the Parks and Recreation Department identifies opportunities for the City to increase available sites within the city. The efforts relative to the Dison Property are: • August, 2005 FRDAP application submitted for maximum allowable amount of $400,000 with dollar for dollar match between FRDAP and the City requiring $200,000 match from the City • At the time of submission and included in the authorizing Resolution package, it was known that a full grant award would provide only partial funding for the Dison Property acquisition • May, 2006 Florida Communities Trust (FCT) application submitted for $1,000,000 for acquisition of Dison Property with 75/25 split with $250,000 match pledged by the City as an application required • The $200,000 FRDAP grant can be used towards the $250,000 match requirement on the FCT grant should the FCT grant be funded (announcement expected late September, 2006) • Any amount donated in -kind to the City by the property owner could also be used towards the City's match requirement for the FCT grant • The $400,000 FRDAP grant alone does not provide sufficient funds for the acquisition of the Dison Property • Should the FCT application not be fully funded, the City will need to pursue additional funding to complete this project • Should adequate funding not be available through the City, the City will have to refuse the FRDAP $200,000 award Cost: As part of the application process, the City of South Miami pledged local funds of $200,000 to provide the qualifying dollar for dollar match. Matching funds of $200,000 are required in order to receive the $200,000 from this grant. Funding Source: $200,000 from FRDAP Grant $200,000 FY 2006 -2007 Budget Debt Service Account #2100 -519 -9923 Backup Documentation: • Proposed Resolution • FRDAP Project Agreement • Ordinance No: 102 -05 -12081 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT PROJECT AGREEMENT OF $200,000.00 WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE ACQUISITION OF THE DISON PROPERTY; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept the grant from Florida Recreation Development Assistance Program (FRDAP); and WHEREAS, the Florida Recreation Development Assistance Program (FRDAP) is administered by Florida Department of Environmental Protection; and WHEREAS, the Mayor and City Commission authorized the submission of the grant application July 26, 2005 through Resolution No: 102 -05- 12081; and WHEREAS, the project agreement is intended to award the City $200,000.00 for the acquisition of the Dison Property located at 8021 SW 58 Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Manager is authorized to execute a grant project agreement with Florida Recreation Development Assistance Program, administered by Florida Department of Environmental Protection for the purchase of the Dison property. Section 2. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: DEP Agreement No. F7014 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2006 -07) - Acquisition This PROJECT AGREEMENT is entered into this day of , 2006, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the City of South Miami, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D -5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes; and chapter 62D -5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that, none of the provisions of section 163.01, Florida Statutes, shall apply to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Dison Property (Florida Recreation Development Assistance Program, FRDAP Project Number F07014), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the acquisition of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre - reimbursement/Commencement Documentation Form, DEP Form FPS -A034. 3. All forms hereinafter referenced may be found at www.dep.state.fl.us/parks/cirs. Further, the GRANTEE will also receive all applicable forms for administration of project with GRANTEE's copy of fully executed PROJECT AGREEMENT. DEP Agreement No. F7014, Page 1 of 9 DEP 55 -232 (01/05) REGEIV� �1, F 4. Within three (3) years from the completion date set forth in the PROJECT completion certificate, the GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following development elements: Picnic facilities, walking trail, landscaping and other related support facilities. These elements may be modified by the DEPARTMENT if the GRANTEE shows good cause. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 50% GRANTEE Match: $200,000.00 50% Type of Match: Cash 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty (60) days after receipt of the final request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS -A036, referenced in s. 62D- 5.058(6)(g), the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the DEPARTMENT will periodically request proof of a transaction (such as invoice, payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at hitp://www.dbf.state.fl.us/aadir/FSAAlndex.html. 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE's adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for DEP Agreement No. F7014, Page 2 of 9 DEP 55 -232 (01/05) accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this Agreement is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre -audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D- 5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 62D - 5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 14. Prior to commencement of PROJECT acquisition, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Acquisition Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS -A034, referenced in s. 62D- 5.058(6)(f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the acquisition and approve the request for payment. 15. This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete acquisition of the PROJECT site by (hereinafter referred to as the PROJECT completion date), at which time all payment requests and completion documentation will be DEP Agreement No. F7014, Page 3 of 9 DEP 55 -232 (01/05) due to the DEPARTMENT. The GRANTEE may request up to two (2) one -year extensions from the DEPARTMENT for good cause by the submission of a written request to the DEPARTMENT. Such request must be made prior to the PROJECT completion date. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the Governor's Office denies the certification forward.. 16. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five -year retention period. The DEPARTMENT, State Auditor General, State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE's records for said PROJECT during the PROJECT and within the retention period. 17. In addition to the provisions contained in the paragraph above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit -1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit -1 shall summarize the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit -1, the GRANTEE shall notify the DEPARTMENT's FRDAP Grants Administrator at (850) 245 -2501 to request a copy of the updated information. 18. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE's noncompliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the final reimbursement due the DEPARTMENT. 19. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, as identified in paragraph 20, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every January 5th, May 5th, and September 51h of each year summarizing the work accomplished, problems encountered, percentage of DEP Agreement No. F7014, Page 4 of 9 DEP 55 -232 (01/05) completion, and other information which may be requested by the DEPARTMENT. 20. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses: GRANTEE'sGr nt Manager Ms. Julie L. Dakell Grants Administrator 6130 Sunset Drive South Miami, FL 33143 -5093 DEPARTMENT's Grant Manager Mary Ann Lee Florida Department Protection of Environmental 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399 -3000 21. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 22. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 23. This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other materials made or received by the GRANTEE in conjunction with this PROJECT AGREEMENT unless the records are exempt under Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 24. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 25. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE will include DEP Agreement No. F7014, Page 5 of 9 DEP 55 -232 (01105) the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 26. Land owned by the GRANTEE, which is acquired or developed with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 62D- 5.059(1) of the RULE. All dedications must be recorded in the county property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 27. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violations stating a reasonable time to comply. Failure of the GRANTEE to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 24. 28. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 29. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 24, if appropriate. 30. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 31. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract DEP Agreement No. F7014, Page 6 of 9 DEP 55 -232 (01/05) with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at http: / /dms.myflorida.com /dms /purchasing /convicted suspended discrimin atory complaints vendor lists. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487 -0915. 32. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 33. The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall include this provision in all subcontracts issued as a result of this Agreement. _ 34. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a GRANTEE, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 35. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 36. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. DEP Agreement No. F7014, Page 7 of 9 DEP 55 -232 (01/05) 37. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 38. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT. 39. The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT. 40. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing in the form of an Amendment, duly executed by each of the parties hereto, and attached to the original of this PROJFCT AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7014, Page 8 of 9 DEP 55 -232 (01/05) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division Director (or Designee) Division of Recreation and Parks f,NL Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 -3000 f? ' D DEP G ant a ager Approved as to Form and Legality: This form has been pre- approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on January 25, 2006, for use for one year. City of South Miami Bv: Printed Name: Title: Date Address: 6130 Sunset Drive South Miami, FL 33143 -5093 Grantee Attorney List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Pages) DEP Agreement No. F7014, Page 9 of 9 DEP 55 -232 (01/05) ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department ", 'DEP ", 7DEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http: //12.46.245.173 /cfda/cfda.html. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7014, Attachment 1, Page 1 of 5 DEP 55 -215 (09/04) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30, 2004), the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004), and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hq:Hstate.fl.us /fsaa/catalog or the Governor's Office of Policy and Budget website located at htt p•/ /www myflorida com/m orida/govemment /contracts /opbOffice.html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http: / /www.leg.state.fl.us /, Governor's Website http: / /www.myflorida.com/, Department of Financial Services' Website hllp: / /www.dbf.state.fl.us/ and the Auditor General's Website h!Ltp://www.state.fl.us/audizen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7014, Attachment 1, Page 2 of 5 DEP 55 -215 (09/04) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section 320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section 320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 DEP Agreement No. F7014, Attachment 1, Page 3 of 5 DEP 55 -215 (09/04) Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are_ made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7014, Attachment 1, Page 4 of 5 DEP 55 -215 (09/04) Iry w 3 O O �w W H w O E� O U H w W d x H O z z a x 0 AQ 4 d zQ w b 3 d w 0 Ao d � � U O Q to Q Cd i. N � � w � U O � N � � U y � � O � U U � U p O w c o 3O a. C� ed to L" cd r rr U o U 'd Cc c C C. 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N � � w � U O � N � � U y � � O � U U � U p O w c o 3O a. C� ed to L" cd r rr U o U 'd Cc c C C. O 0 a C �b � U � w w D y M O O N � C* � 0 o w w u _r, w O ri rte.+ d rl O w 0 4) O N d � A Q 0 O o U a d •� O Q' O O O O O � r o� w vi N a 0 u � O � o A c cn o 121 y U Cj 0 ai %r' w py o w d w � y wd � w w 0 to U �; a Q y z M a U M d y �o iw a 0 L a � C U p a bt w po Q P3 w w a Q V iw 0 V] O a" z O w co b 3 d w 0 Ao d � � U O Q to Q Cd i. N � � w � U O � N � � U y � � O � U U � U p O w c o 3O a. C� ed to L" cd r rr U o U 'd Cc c C C. O 0 a C �b � U � w w D y M O O N � C* � 0 o w w u _r, w O ri rte.+ d rl O w 0 4) O N d � A Q SOLUTION NO. 102-05-12 081 VMEREAS, the City of South Miami Parrs and Recreation Department has received grant funding in the past from the Florida. Recreation Development Assistance Program (FRDAP); and EREAS, the Florida Department of Environmental Protection which administers the FRDAP grant program has announced the opening of the 2006 -07 application period; and WIFEREAS, the Parks and Recreation Department has .identified the acquisition of the Dison property as a potential FRDAP project. NOW, THERE FORE, BE IT RESOLVED BY THE MAYOR COMMISSION OF THE OF SOUTH MIAMI: Section 1. That the City Manager is authorized to submit a grant application to the Florida Department of Environmental Protection. for FRDA-P grant funding for the purchase of the Dison property. Section 2. This resolution shall tape effect immediately upon execution. PASSED AND ADOPTED this 2/ ay of ,r 2005. ATTEST: APPROVED- 1 s: CI TTORNEY Commission Vote: 5-0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea Commissioner Wiscombe: Yea South Miami CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Drctor Public Works & Engineering Department Date: July 25, 2006 Agenda Item No.: Subject: Broad Canal Debris & Repair - Emergency Grant Agreement with U.S. Department of Agriculture, Natural Resource Conversation Services. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A $600,000 GRANT AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOURCE CONSERVATION SERVICE (NRCS) BROAD CANAL DEBRIS REMOVAL & EMBANKMENT RESTORATION; PROVINDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to accept Broad Canal Debris & Repair Emergency Grant Agreement with U.S. Department of Agriculture, Natural Resource Conversation Services. Reason /Need: After Hurricane Wilma last year, FEMA disapproved our request to fund debris removal and embankment restoration along Broad Canal. We immediately submitted a request for assistant to the United State Department of Agriculture, through the division of Natural Resources Conservation Services (NRCS). Since our first request, letter late last year, we've had several meetings, site visits and application review process with NRCS staff. On July 19th 2006, we received the attached agreement committing to a grant not to exceed $600,000 towards the project. It should be noted that the funding requires a 25% match. To fund the required match, we are currently working on a $200,000 grant application through Miami -Dade County (MDC) under their 2005 CDBG Disaster Recovery Initiative. This $200,000 request to MDC will serve as a match to this NRCS funding. Cost: $600,000 grant Funding Source: U.S. Department of Agriculture, Natural Resource Conservation Services. Backup Documentation: ❑ Proposed Resolution ❑ Agreement with NRCS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A $600,000 GRANT AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOURCE CONSERVATION SERVICE (NRCS) BROAD CANAL DEBRIS REMOVAL & EMBANKMENT RESTORATION; PROVINDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept grant from U.S. Department of Agriculture, Natural Resource Conservation Service (NRCS); and WHEREAS, NRCS and the City agree to install emergency watershed protection measures to relieve hazards and damages created by Hurricane Wilma. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission authorize the City Manager to accept a $600,000 grants agreement with United States Department of Agriculture, Natural Resource Conservation Service. Section 2. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2006. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: United States Department of Agriculture USDA O NRCSConservation Natural Resources Service 2614 N.W. 43rd Street Gainesville, FL 32606 -6611 Phone: 352 - 338 -9555 P.O. Box 141510 Gainesville, FL 32614 -15101 Fax: 352- 338 -9578 W. Ajibola Balogun, REM, CFEA Public Works and Engineering Director City of South Miami 4795 S.W. 75' Avenue Miami, FL 33155 RE: Project Agreement No. 69- 4209 -6 -1667 Dear Mr. Balogun: IV D JUL 19 2006 ENGINEERiNG & CONSTRUCTION July 18, 2006 Enclosed is one (1) fully executed original,copy of Project Agreement No. 69- 4209 -6 -1667 between the City of South Miami and NRCS relative to the Emergency Watershed Protection Program. Receipt of this project agreement constitutes the notice to proceed in accordance with the requirements as outlined in the project agreement. Ramon Santiago will serve as the NRCS liaison for the subject project agreement. As set forth in the project agreement (Clause B.10) a pre - design conference will need to be scheduled to set the design parameters for the job prior to commencement of the work. Please schedule a pre - design conference with Mr. Santiago. Mr. Santiago can be reached at (941) 729 -6804 (office) or 352 -538 -4560 (cell). In addition, prior to commencement of the work and or solicitation of bids, submit for NRCS review, the preliminary design, construction specifications, and drawings as set forth in the pre - design conference (Clause B.11). Also prior to commencement of the work and or solicitation of bids, submit for NRCS review, the Quality Assurance Plan (Clause B.12). If you have any questions, please do not hesitate to call me at 352- 338 -9557. Sincerely, Jesse T. Wilson State Conservation Engineer Enclosure cc: T. Niles Glasgow, State Conservationist, Gainesville, FL Bruce Hawkins, ASTC Administration, Gainesville, FL Lynn Merrill, Contracting Officer, Gainesville, FL . Jeff Schmidt, Area Conservationist, West Palm Beach, FL Christine Coffin, District Conservationist, Florida City, FL w /enclosure Ramon Santiago, Agricultural Engineer, Davie, FL w /enclosure The Natural Resources Conservation Service works in partnership with the American people to conserve and sustain natural resources on private lands. An Equal Opportunity Employer STATE: Florida PROJECT: 125046 AGREEMENT NO.: 69- 4209 -6 -1667 UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT LOCALLY LED CONTRACTING THIS AGREEMENT is hereby entered into by and between the City of South Miami hereinafter called the Sponsor; and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called NRCS. WITNESSETH THAT: WHEREAS, under the provisions of Section 216 of Public Law 81 -516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95 -334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards and damages created by Hurricane Wilma. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. It is agreed that the following- described work is to be constructed at an estimated cost not to exceed $600,000.00. Location Description DSR No. Broad Canal Remove debris to prevent erosion and stabilize channel CSM -001 W bank to prevent erosion and protect road. B. THE SPONSOR WILL: 1. Provide for accomplishment of the works of improvement described in Section A and provide for their completion within 180 days from the time that this agreement is executed and a notice to proceed is received. The Sponsor shall provide NRCS a copy of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and awarded contract, or other basis of cost and accomplishment. 2. Provide cash contribution for any portion of the required 25% of the actual cost of constructing the emergency watershed protection measures described in Section A not provided by in -kind construction services described in B.3. 3. If approved by NRCS, the sponsor may provide in -kind construction services (materials, labor, and equipment). The Sponsor shall develop a Plan of Operation for all in -kind construction services performed. The Plan of Operation shall be submitted to NRCS for approval prior to commencement of construction. The maximum value of all in -kind construction services shall not exceed $150,000 or 25 percent (whichever is less) of the total actual cost of the works of improvements described in Section A and in accordance with Section B.4 of this agreement. In -kind construction services shall not exceed published FEMA rates unless otherwise documented and concurred by NRCS. In -kind services will not be reimbursed for in -kind construction services provided by the Sponsor. 4. Actual cost of construction will consist of contracts awarded to contractors plus eligible Sponsor in -kind construction services of materials, labor, and equipment. The Sponsor shall provide NRCS records to support costs incurred by the Sponsor. Provide in -kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, and inspect work performed). The maximum value of in -kind technical services that will be reimbursed to the Sponsor will not exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and in accordance with Section B.4 of this agreement. 6. Acquire needed real property rights (land and water), permits, and licenses in accordance with State and Federal laws at no cost to NRCS. Provide certification (signed MRCS- ADS -78) that real property rights have been obtained for works of improvement described in Section A supported by an attorney's opinion attached thereto. Certification shall be provided to NRCS prior to solicitation for installation of the works of improvement. 7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the work described in Section A. 8. Take reasonable and necessary actions, including legal action, if required, to dispose of any and all contractual and administrative issues arising out of the contract(s) awarded under this agreement to include but not be limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project, and bringing suit to collect from the contractor any moneys due in connection with the contract. Any monies collected will be distributed to the parties in the same ratio as contributions are made. 9. Comply with the requirements of the provisions included in Attachment A to this agreement. If applicable, complete the attached "Clean Air and Water Certification" included in Attachment A. 10. Hold a pre - design conference with the Sponsor, Sponsor's design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the Sponsor and NRCS. 11. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, the preliminary design, construction specifications, and drawings prepared in accordance with standard engineering principles and design parameters set forth in the pre- design conference. 12. Prior to commencement of work and/or solicitation of bids, submit for NRCS review the Quality Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the works of improvement are installed in accordance with the plans and specifications, identify individuals with the expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous or periodic), outline inspection procedures, and record keeping requirements. 13. Upon receiving comments from MRCS, prepare the final design, construction specifications, and drawings in accordance with standard engineering principles, design parameters set forth in the pre- design conference, and the QAP. One set of the final plans, specifications and QAP shall be submitted to MRCS for final review and concurrence prior to solicitation of bids and/or commencement of work. The final construction plans and specifications shall be signed and sealed approved by a Professional Engineer registered in the State of Florida. 14. Provide construction inspection in accordance with the QAP. 15. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of all permits, licenses, and other documents required by Federal, State, and local statutes and ordinances prior to solicitation for installation of the works of improvement. All modifications to the plans and specifications shall be reviewed and concurred in by NRCS. 16. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are incorporated into the project. 17. Designate an individual to serve as liaison between the Sponsor and NRCS, listing his or her duties, responsibilities, and authorities. Furnish this information in writing to NRCS. 18. Ensure that all contracts for design and construction services will be procured in accordance with procedures prescribed in the Code of Florida and Federal regulations applicable to the Sponsor, including the provisions contained in Attachment B to this agreement. 19. Arrange for and conduct final inspection of the works of improvement: The NRCS Liaison, the Sponsor Liaison, and the Sponsor's design engineer shall participate in the final inspection. A Professional Engineer registered in the State of Florida furnished by the Sponsor shall certify that the project was installed in accordance with contractual requirements. 20. For structural measures, prepare and submit for approval an Operation and Maintenance Plan prior to completion of construction. Upon completion of the work, the Sponsor shall assume responsibility for operation and maintenance of the works of improvement installed. 21. If needed, upon completion of emergency protection measures and the elimination of the threat, take action to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsor will not be eligible for future funding under the Emergency Watershed Protection program. 22. Provide final as -built drawings and quantities to NRCS. As -built drawings and quantities shall be certified by the engineer furnished by the Sponsor. The engineer furnished by the Sponsor shall certify final quantities. 3 23. Pay the contractor as provided in the contract(s). Submit billings for reimbursement to NRCS on Form SF -270, Request for Advance or Reimbursement. 24. Administer their action under this agreement in accordance with 7 CFR 3015, 7 CFR 3016, OMB Circulars A -102, A -87, A -133, and other rules referenced in 7 -CFR 3015. 25. Comply with the nondiscrimination provisions of the Equal Opportunity clause and the Notice to Contracting Local Organizations of the Requirement for Certifications of Nonsegregated Facilities clause, Form SCS- AS -83, attached hereto as Attachment B. 26. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the Sponsor under this agreement or resulting from the work provided for in this agreement. Retain all records dealing with the award and administration of contract(s) for 3 years from the date of the sponsor's submission of the FINAL Request for Reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3 -year period, the records are to be retained until the litigation is resolved or the end of the 3 -year period, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U.S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcripts. Be responsible for all administrative expenses (including but shall not be limited to facilities, clerical expenses), and legal counsel necessary including the fees of such attorney or attorneys deemed necessary by NRCS to resolve any legal matters. 27. Provide 100 percent of the costs of works of improvement not eligible for federal cost share. 28. Complete all required work under this agreement, including but not limited to construction of works of improvement, final inspection, payment of all contractors, submissions of as- builts and final quantities, etc. C. NRCS WILL: 1. Provide 75 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in B.4. 2. Provide the value of the Sponsor in -kind technical services not to exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in B.4. 3. Assist Sponsor and Sponsor's engineer establish design parameters and approve and concur in same as set forth in Section B.10. 4. Not be substantially involved with the technical or contractual administration of this agreement, but will provide advice and counsel as needed. 5. Make payment to the Sponsor covering NRCS's share of the cost, upon receipt and approval of Form SF -270, Request for Advance or Reimbursement, with supporting documentation. 6. Upon notification of the completion of construction, NRCS shall promptly review the performance of Sponsor to determine if it has met the requirements of this agreement and fund expenditures as agreed. 4 7. Designate an individual to serve as liaison between the NRCS and the Sponsor. The major duties, responsibilities and authorities of the liaison will be to review and concur with specifications and drawings for the works of improvement described in Section A, assist in the final inspection of the works of improvement, certify along with the Sponsor's Professional Engineer when all work has been completed according to the specifications and drawings, and review the SF -270 and supporting documents, approve, sign, and submit the SF -270 and supporting documents to NRCS for reimbursement to the Sponsor. 8. Review, comment and concur on draft and final plans, specifications, and QAP as described in Sections B.11, B.12 and B.13. D. IT IS MUTUALLY AGREED: 1. This agreement shall become null and void 90 calendar days after the date NRCS has executed this agreement if a solicitation for bids has not been publicly advertised or a contract has not been awarded. 2. This agreement shall be effective upon signature by NRCS. All work required under this agreement shall be completed in accordance with B.1. 3. That each party shall review, comment, and concur with the construction plans, specifications, and quality assurance plans as identified in Sections B.11, B.12 and B.13 of this agreement. 4. Upon notification from the Sponsor of the completion of construction, NRCS shall promptly review the performance of the Sponsor to determine if the requirements of this agreement have been met. 5. The furnishing of financial and other assistance by NRCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to appropriate funds. 6. NRCS may terminate this agreement in whole or in part when it is determined by NRCS that the Sponsors have failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by NRCS under this termination shall be in accordance with the legal rights and liabilities of NRCS and the Sponsors. 7. This agreement may be temporarily suspended by NRCS if it determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. 8. Designated Liaisons may make adjustments to and between individual projects cost without amendment so long as the total estimated amount described in A of this agreement is not exceeded. 9. This Agreement may be executed in any number of counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Receipt of a facsimile signature (followed promptly by an original executed counterpart) shall be deemed receipt of an original. 10. By signing this agreement the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 11. Employees of NRCS shall participate in efforts under this agreement solely as representatives of the MRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the City of South Miami or any member of the City of South Miami >. They also shall not assist the City of South Miami or any member the City of South Miami with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the City of South Miami, or any member of the City of South Miami, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Agency. 12. Employees of the City of South Miami shall remain its employees while carrying out their duties under this agreement and shall not be considered as Federal employees or agents of the United States for any purpose under this agreement. E. APPROVED: CITY OF SOUTH MIAMI Bya. Aj ibola Balogun Title: Public Works Director Date: 7/10/06 I "116L Signatory Official is authorized to make this commitment on behalf of City of South Miami. V r Signature) -7/1011,00G (Date) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: 4 , Title: State ConservatiQnist Date: Reviewed: Date: 'T— 11 —D6 7.:� (---:1 T ATTACHMENT A - SPECIAL PROVISIONS I. DRUG -FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS- PRIMARY COVERED TRANSACTIONS IV. CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI. EXAMINATION OF RECORDS ATTACHMENT A — SPECIAL PROVISIONS Sponsor agrees to comply with the following special provisions which are hereby incorporated into this Agreement. I. Drug Free Workplace By signing this Agreement, the Sponsor is providing the certification set out below. If it is later determined that the Sponsor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the Department of Agriculture Natural Resources Conservation Service (hereinafter "Service "), in addition to other remedies available to the Federal Government, may take action under the Drug -Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. § 812) and as further defined by regulation (21 C.F.R. §§ 1308.11 through 1308.15); Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal and State criminal drug statutes; Criminal drug ty atute means a Federal or State criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a Sponsor directly engaged in the performance of work for which the Service is providing funding, including (I) All direct charge employees; (ii) All indirect charge employees, unless their impact or involvement is insignificant to the work performed by the Sponsor; and (iii) Temporary personnel and consultants who are directly engaged in the work performed by the Sponsor and who are on the Sponsor's payroll. This definition does not include workers not on the payroll of the Sponsor (e.g., volunteers, even if used to meet matching requirements; consultants or independent contractors not the Sponsor's payroll, or employees of subrecipients or subcontractors in covered workplaces). CERTIFICATION. A. The Sponsor certifies that it has or will continue provide a drug -fee workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Sponsor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about: (1) The danger of drug abuse in the workplace; (2) The Sponsor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the Program be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment by the Sponsor, the employee will: (1) Abide by the terms of the statement; and (2) Notify the Sponsor in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every Service officer or other designee on whose Sponsor activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notice. Notice shall include the identification number(s) of the Sponsor. (f J Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a) through (f). (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The Sponsor may provide a list of the site(s) for the performance of work done in connection with the Program described in this Agreement. 2 II. Certification Regarding Lobbying (7 C.F.R. & 3018) (Applicable if this agreement exceeds $100,000) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, and officer or employee of Congress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Sponsor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. III. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions, (7 C.F.R. § 3017) (1) The Sponsor certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of awards, making false statements, or receiving stolen property; (c) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this cooperative agreement had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the primary Sponsor is unable to certify to any of the statements of this certification, such prospective participant shall attach an explanation to this Agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. § 1857c- 8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. § 1319(c)) and is listed by EPA, or is not otherwise exempt.) The Sponsor signatory to this Agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is , is not X listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this Agreement by the Service, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating any facility which he /she proposes to use for the performance of the agreement under consideration to be listed on the Enviromnental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt subagreement. Clean Air and Water Clause (Applicable only if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. § 1857c- 8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. § 1319(c)) and is listed by EPA, or the agreement is not otherwise exempt.) A. The Sponsor agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. § 1857, et seq., as amended by Public Law 91 -604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq., as amended by Public Law 92 -500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, an all regulations and guidelines issued thereunder before the signing of this Agreement by the Service. (2) That no portion of the work required by this Agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this Agreement was signed by the Service unless and until the EPA removes the name of such facility or facilities from such listing. 4 (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities at which the work under this Agreement is being performed.. (4) To insert the substance of the provisions of this clause in any nonexempt subagreement, including this subparagraph A. B. The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. § 1857 et seq., as amended -by Public Law 91 -604). (2) The term "Water Act" means the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq., as amended by Public Law 92 -500). (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. § 1857c- 5(d)), an approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C. § 1857c -6(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. § 1857c- 7(d)). (4) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. § 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. § 1317). (5) The term "compliance" means compliance with the clean air or water standards. Compliance shall also mean compliance with the schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or any air or water pollution control issued pursuant thereto. (6) The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations owned, leased or supervised by a Sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities,,Environmental Protection Agency, determines that independent facilities are located in one geographical area. V. Assurance and Compliance As a condition of the grant or cooperative agreement, the Sponsor assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 C.F.R. §§ 3015, 3016, 3017, 3018, 3019 and 3052, which are hereby incorporated in this Agreement by reference, and such other statutory provisions as are specifically set -forth herein. VI. Examination of Records Give the Service or the Comptroller General, through any authorized representative, access to and the right to examine all records, papers, or documents related to this Agreement under the procedures set forth under Section (C)(8) of the Agreement. Retain all records related to this Agreement for a period of three years after the completion of the terms of-this Agreement in accordance with the applicable OMB Circular. 6 ATTACHMENT B - SPECIAL PROVISIONS I. EQUAL OPPORTUNITY (SCS- AS -83) II. EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION) (SCS- AS -83) III. NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES VI. CERTIFICATION OF NONSEGREGATED FACILITIES (SCS -AS -818) VII. STANDARD FEDERAL EQUAL EMLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) ATTACHMENT B - SPECIAL PROVISIONS CONSTRUCTION I. EQUAL OPPORTUNITY The Contracting Local Organization agrees to incorporate, or cause to be incorporated, into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR, Chapter 60, which is paid for, in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal Opportunity (Federally Assisted Construction) clause: II. EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION) During the performance of this contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. `The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff determination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity (Federally Assisted Construction) clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as provided by law. 7. The Contractor will include this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contracting Local Organization further agrees that it will be bound by the above Equal Opportunity (Federally Assisted Construction) clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, however, that if the Contracting Local Organization so participating is a State or local government, the above Equal Opportunity (Federally Assisted Construction) clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Contracting Local Organization agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the Equal Opportunity (Federally Assisted Construction) clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contracting Local Organization further agrees that it will refrain from entering into any contractor contract modification subject to Executive Order No. 11246 of September 24, 1965, with a Contractor debarred. from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity (Federally Assisted Construction) clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D, of the Executive Order. In addition, the Contracting Local Organization agrees that if it fails or refuses to comply with these undertakings the administering agency may take any or all of the following actions: Cancel, terminate, or 2 suspend, in whole or in pan, this grant; refrain from extending any further assistance to the Contracting Local Organization under the program with respect to which its failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contracting Local Organization; and refer the case to the Department of Justice for appropriate legal proceedings. III. NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Local Organization prior to any agreement for Federal financial assistance where the Contracting Local Organization will itself perform a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) The Contracting Local Organization shall notify prospective federally assisted construction contractors of the Certification of Nonsegregated Facilities required, as follows: IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. SCS -AS -818 Rev. 4 -70 File Code AS -14 VI. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he /she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he /she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he /she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he /she will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this section is a violation of the Equal Opportunity Clause in this contract. As used in this caption, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national of because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he /she has obtained identical certifications from proposed subcontractors for specific time periods) he /she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he /she will retain such certifications in his/her files. NOTE - The penalty for making false statements in offers is prescribed in 18 U.S.C. 100 1. Contractor: To be announced Signature: Title: Date: VII. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. `Covered area' means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract act Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number' means the Federal Social Security number used on the Employees Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cub Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of die Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through as association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The' overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice of and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward meeting s goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractors obligations under these specifications, Executive Order 1 1246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites, and in all at which the Contractors employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractors obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the- street applicant and minority and female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union 2 hiring hall for referral and was not refer -red back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in e file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process had impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities, and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under Paragraph 7.b. above. f. Disseminate the Contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. - specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posing the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and a action obligations under these specifications with all employees having any responsible for hiring, assessment, layoff, termination, or their employment decisions, including specific review of these items with on -site supervisory personnel such as Superintendents, General Fore etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contract's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipate doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations to schools with minorities and female students and to minority and female recruitment and training organizations -, serving the Contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of the applications for apprenticeship or other, training by any recruitment sources, the Contractor shall send written notification, to organizations such as the above, describing the openings, screening procedure, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractors workforce. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the Contractors workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classification work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and die Contractors obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to ensure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor adherence to and performance under the Contractors EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in achieving one or more of the affirmative action obligations (Paragraphs 7.a. through 7.p.). The efforts of a contractor association, joint contractor - union, contractor - community, or other share group of which the Contractor is a member and participants may be asserted as g any one or more of its obligations under Paragraphs 7.a. through 7.p. of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to an obligation shall not be a defense for the Contractor's noncompliance. 4 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 1 1246, as amended. 13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easy understandable and retrievable form however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 14. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 604.8. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). South Miami " — CITY OF SOUTH MIAMI I 0® • INCORPORATED OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: Don O'Donniley, Planning Director Date: July 25 2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.2, 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT. CODE TO ALLOW FOR THE CONSTRUCTION OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY, A JOINT PRIVATE - PUBLIC DEVELOPMENT WITHIN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, AND 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58th COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. Request: In 2005, the City settled litigation with Mark Richman Properties, Inc. thereby allowing for the development of a joint private- public mixed use parking garage project to proceed under a long term lease with the City. The applicant will be responsible for developing a municipal parking garage with significant retail at the ground level all on property in the SR(HD -OV) Hometown Overlay District. The proposed structure, located at SW 73rd Street between 58th Avenue and 58th Court, will be four stories in height. There will be a total of 25,219 square feet of retail space at the ground level. There will be a total of 435 parking spaces in the project. The subject application (PB -06 -013) is a request for approval of five special exceptions to the regulations in the Hometown Zoning district. The Hometown district regulations permits the City Commission to grant exceptions to the regulations if the project meets the certain criteria set forth in Section 20 -7.51 of the LDC. The attached Planning Department staff report dated May 30, 2006 lists the five special exceptions requested (p.2) and further demonstrates how the project meets the criteria for granting the exceptions (pp.2 -4). It is important to note that the exceptions requested are primarily dimensional (lot coverage, ground floor area, frontage) which result because, -a parking garage is not a standard commercial building contemplated when the Hometown regulations were drafted. The Planning Board at its May 30, 2006 meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nays recommending that application and the submitted site plan be approved. Recommendation: It is recommended that the application requesting the five special exceptions and the submitted site plan be approved. Backup Documentation: Draft resolution Application / Letter of Intent Location Map Site/ Floor plan Planning Department Staff Report 5 -30 -06 Planning Board Minutes Excerpt 5 -30 -06 Report of Special Hearing Officer on Special Exceptions Copies of Public notices DODISA YP: 1Comm Items 1200617- 25- 06TB -06 -013 Garage Exceptions CM report. doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL 5 EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20-7.2,20- 6 7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR 7 THE CONSTRUCTION OF THE SOUTH MIAMI MUNICIPAL PARKING 8 FACILITY, A JOINT PRIVATE - PUBLIC DEVELOPMENT WITHIN IN THE 9 SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT 10 FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, AND 11 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF 12 RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS 13 OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 14 58th COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE 15 STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING 16 GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN 17 EFFECTIVE DATE. 18 19 WHEREAS, in 2005, the City Commission settled litigation with Mark Richman 20 Properties, Inc thereby allowing for the development of a joint private- public mixed use parking 21 garage project to proceed under a long term lease with the City; and 22 23 WHEREAS, Mark Richman Properties, Inc. submitted Application No. PB -06 -013 24 requesting approval for five special exceptions necessary to construct a municipal parking facility 25 in the SR(HD -OV) zoning district on property legally described above, said project to include a 26 total of 25,219 square feet of retail space at the ground level and a total of 435 parking spaces; and 27 28 WHEREAS, the applicant is requesting special exceptions for use standards, lot coverage, 29 building frontage, building ground floor area, and awning length; and 30 31 WHEREAS, a special exception request in the Hometown Overlay District requires the 32 Planning Board's recommendation and approval by the City Commission; and 33 34 WHEREAS, after review and consideration, the Planning Department recommended 35 approval of the application with a condition; and 36 37 WHEREAS, on May 30, 2006 the Planning Board after public hearing voted 6 ayes 0 nays 38 to recommend approval with specific conditions; and ME 40 WHEREAS, the City Commission desires to accept the recommendation of the 41 Planning Board and enact the aforesaid resolution; and 42 43 WHEREAS, on July 7, 2006 an additional public hearing was conducted by a special 44 hearing officer appointed by the City Commission for the specific purpose considering evidence 45 and testimony concerning the afore - referenced special exceptions; and 46 WHEREAS, the City Commission desires to accept and incorporate the findings and 47 recommendation of the special hearing officer and enact the aforesaid resolution. 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 2 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 3 4 Section 1. That the proposed South Miami Municipal Parking Garage project advances the 5 economic development of the City and is compatible with land use, density, and design criteria 6 established for the Hometown District, as set forth in LDC Sec.20 -7.51, which includes seven 7 criteria necessary for approving special exceptions: 8 9 (1) The proposed development contributes to, promotes and encourages the 10 improvement of the Hometown District and catalyzes other development as 11 envisioned in the Hometown District regulations. 12 13 (2) The proposed development is compatible with the land uses . and development 14 intensities prescribed by all applicable city regulations. 15 16 (3) The proposed development must possess integrity of design compatible with the 17 design criteria established for the Hometown District and with the overall image of 18 the city. 19 20 (4) The proposed development shall be designed in a manner that provides for effective 21 management of traffic (vehicular and pedestrian), parking, lighting, noise and waste 22 generated by the development, and management of the impacts of the development 23 public facilities and services. 24 25 (5) The proposed development does not expand the permitted uses within the 26 Hometown District. 27 28 (6) The proposed development will not have an unfavorable effect on the economy of 29 the City of South Miami. 30 31 (7) The proposed development, when considered cumulatively with other development, 32 both present and future, within the Hometown District, will not create excessive 33 overcrowding or concentration of people or population. 34 35 Section 2. That the subject application requesting a special exception to allow an overall lot 36 coverage of 83% of the total site which exceeds a lot coverage to 60% as required by the 37 Hometown Overlay District regulating graphic plan (Sec.20 -7.9) is hereby approved subject to 38 conditions set forth in Section 7 below. 39 40 Section 3 That the subject application requesting a special exception to allow a retail project 41 without at least one floor with residential units or office uses equal to at least 20% of gross floor 42 area as required by the Hometown Overlay District regulating graphic plan (Sec.20 -7.2) is hereby 43 approved subject to conditions set forth in Section 7 below. 44 45 Section 4. That the subject application requesting a special exception to allow building frontage 46 to be 90% on SW 58h Court and 87% on SW 58 Ave., exceeds the 30 -70% limitation of building 47 frontage on elevations facing a side street as set forth in the Hometown Overlay District 48 regulating graphic plan (Sec.20 -7.9; 20 -7.11) is hereby approved subject to conditions set forth in 49 Section 7 below. 2 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 5. That the subject application requesting a special exception to allow awning length on SW 73d Street to be 83% of building coverage which is below the Hometown Overlay District regulating Faphic plan (Sec.20 -7.9) which requires awning length to be 100% o of building frontage on SW 73r Street, is hereby approved subject to conditions set forth in Section 7 below. Section 6. That the subject application requesting a special exception to allow a building ground floor area of 36,312 sq.ft which exceeds the Hometown Overlay District regulating graphic plan (Sec.20 -7.9; 20 -7.11) which limits building ground floor area to 20, 000 sq. ft., is hereby approved subject to conditions set forth in Section 7 below. Section 7. The special exception application is approved subject to the following condition: (1) The proposed development shall be consistent with the submitted site plan. Section 8. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK , day of , 2006. READ AND APPROVED AS TO FORM: CITY ATTORNEY FA99Wellyl�� MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner Birts Commissioner Beckman: P: \Comm Items\2006 \7- 25- 06\PB -06 -013 Special Exception Resolution.doc k] 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: Lot(s) Block Subdivision SW 73 St. btwn 58 Ct. & 58 Ave PI3 -- (see attached sheet) Meets & Bounds: _ Justifications for change _ PUD Approval ISpecial Exception Applicant: Phone: X Proof of ownership or letter from owner Mark Richman Properties, Inc. (305) 442 2214 Representative: Organization: under Section 20-7.9 and 20-7.11 for l o t George McArdle Mark Richman Properties Address: Phone: • 201 Alhambra Cir. #702 Coral Gables FL 33134 305 442 2214 Property Owner: & L e s s e e Signature: Mark Richman Properties, Inc. Mailing Address: same as above Phone: By: - George McArdle, Asst. Arch itect/Engineer: Blitstein Design Assc. Phone: (305) 444 4433 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: X_Owner Owner's Representative Contract to purchase _Option to purchase _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC _Variance Y Letter of intent _Zoning Map Amendment _Special Use _ Justifications for change _ PUD Approval ISpecial Exception _ Statement of hardship _ PUD Major Change _Other X 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 signed/1 reduced copy @ 11" x 1T) 15 copies of Site Plan and Floor Plans p 0 �. p m i t s Application Co r .>.S e c i a 1_ e x c e d o e r under Section 20-7.9 and 20-7.11 for l o t coverage, building frontage, awning length 1 reduced copy @11 "x17° ,r1 20% Property owner signatures X Mailing labels (3 sets) and map X Required Fee(s) and b u i l d i n g ground floor area . Section: Subsection: Page #: Amended Date: The undersigned has read this completed application and represents that the information and all submitted materials are true and cFect to4he�gst ojrthe applic�t's kno dP�eFd belief / q�Z i c M*� rl 0 /.k fvC Ap ica 's Sign ture and title I Date Upon receipt, applications 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 Petition Required Petition Accepted Method of Pavment 8/2/00 !c. MARK RICHMAN PROPERTIES, INC. 201 Alhambra Circle, Suite 702 Coral Gables, Florida 33134 Telephone (305) 442 -2214 Don O'Donniley Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Intent for the Application for Special Exceptions for the South Miami Municipal Parking Garage and Retail Building, submitted by Mark Richman Properties, Inc. as Applicant Dear Mr. O'Donniley: The proposed structure will be located on S.W. 73' Street between S.W. 580' Avenue and S.W. 58d' Court. It will have 25,219 square feet of rentable retail on the ground level. There will a total of 435 parking spaces with 17 of those on the ground level In order to produce an efficient, cost effect garage we need to accommodate the geometry of two double - parking -bays with park -on ramps. This geometry dictates a rectangular building with minimum depth and width and requires certain special exceptions to the Hometown District Overlay Ordinance ("HDO "), as contemplated by Section 20 -7.51. These Special Exceptions are as follows: 1. Mixed Use Standards (Section 20- 7.2(E)) Required: One floor containing office uses or residential units equaling at least 20% of the gross building area. Provided: No office or residential. The primary purpose of the building is parking. Office or residential would take the place of some parking and, in addition, would utilize a portion of the remaining, reduced parking. 2. Lot Coverage (Section 20 -7.9) Required: 60% maximum Provided: 83% This also allows us to comply with the HDO criteria of having retail on or close to the property line. 1 3. Building Frontage (Section 20 -7.9) Required: 30 -70% on each elevation facing a side street (58 Ct & 58 Ave) Provided: 58 Ct. 90% and 58 Ave 87% 4. Building Ground Floor Area (Sections 20 -7.9 & 20- 7.11) Required: 20,000 square feet maximum Provided: 36,132 square feet This also enables us to provide the access ramp to the second level, the back -of -house areas and the retail, which is the economic engine of the project. We have taken several steps to variegate the long facades which result from a parking structure. These include architectural panels affixed to the building at intervals, use of different colors, changing storefronts and awnings related to the storefronts. This necessitates a special exception as follows: 5. Awning Length (Sections 20 -7.9 & 20 -7.11) Required: 100% of building frontage on 73rd Street Provided: 83% We feel that the special exceptions meet the seven approval criteria of Section 20 -7.51 and that the development will provide much needed parking in the downtown area and thus advance the economic development of the City of South Miami. Thank you for your time and consideration. Very truly yours, Mark Richman Properties, Inc. By: ?o Geo McArdle, Assistant Secretary — 2 6109 City of South Miami PB -06 -013, PB -05 -014 Special Exceptions and Special Use Restaurants Mark Richman Properties / City Parking Garage 5829 SW 73 Street 5950 0 N N o cli W m m m 5907 6845 600 5198 5180 512 m Cl) CO LO �^ to CO to s h� yo CO S • S� 5�6� S >0 �00 sir� ■ 19 LE CO so 19 N h 6900 CO ■ 9�1 °j� Sys SP ' lb$Q 1 ■ 821 W E 70TH ST ; 1 a o y s Ln a LO CD W s 1 SW 71 ST ST CO 83 �r c� a CO m UBJECT toLO CO LO - OPERTY • 6 5 Q� h m ' LO CO 8s h3, LO n SUNSET DR SW 72ND ST s0 o 0 0 ■ 00 5950 u°°i m uaDi 5800 LO 00 5 co s 9 � 0 0 � ■ _ U, ' L ■' N n N YI 00 so�o 7230 5859 W) 6O`6 5795 7230 1 SW 73RD ST �7 , 5824 0 0 7301 LP) 7311 0 7331 ,LO & 7320 7311 n O r� I9h 7321 5795 7320 7321 7n. f s %0 ■ 5901 > 5791 7331 7390 7 5 6p22 O > ■ MO St/ 74T C 7400 ■ 5901 5875 w 5801 5�91 7400 ■ LO r 5 7410 5950 Q W 74TH T � 7420 0 7420 = �-- 5890 5800 CO o to 0 OIND 7440 � ^5 5730 7450 Lj f4 o LO LO N in in Ol n • 7500 751 1 1`�0 (n 7515 7500 7505 7500 7500 ■ 7520 7520 7521 7510 X,520 ■ 0 300 600 900 1,200 1,500 Feet $o U T South Miami � y AII- Ami�•t�iC..�i U • INCORPORATED • 1927 OR1V A 2001 To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director Date: May 30, 2006 Re: Special Exceptions: South Miami Municipal Parking Facility PB -06 -013 Applicant: Mark Richman Request: 5829 SW 73rd Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20-7.2,20-7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A JOINT PRIVATE- PUBLIC DEVELOPMENT WITHIN IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58th COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. SUMMARY OF REQUEST In 2005, the City settled litigation with Mark Richman Properties, Inc thereby allowing for the development of a joint private - public mixed use parking garage project to proceed under a long term lease with the City. The property includes a 32,000 sq. ft. surface parking lot owned by the City and an 11,725 sq. ft. property owned by the applicant at the southwest corner of the site. The applicant's one story retail building will be demolished. The applicant will be responsible for developing a municipal parking garage with significant retail at the ground level all on property in the SR(HD -OV) Hometown Overlay District. The proposed structure, located at SW 73rd Street between 58th Avenue and 58th Court, will be four stories in height. There will be a total of 25,219 square feet of retail space at the ground level. There will be a total of 435 parking spaces in the project. Special Exceptions Municipal Parking Garage May 30,2006 Page 2 of 4 REQUESTED SPECIAL EXCEPTIONS As per section 20 -7.51 of the City of South Miami Land Development Code, the applicant is requesting the following five special exceptions to modify regulations pertaining to the building's proposed design and layout. • Use standards (ref. 20- 7.2(E)) Required: retail projects must have at least one floor with residential units or office uses equal to at least 20% of gross floor area Provided: the project will not contain office or residential uses; the parking use is considered part of the infrastructure of the Hometown District and is essential to the economic health of the downtown • Lot coverage (Ref. 20 -7.9): Required: 60% maximum Provided: 83 %, in order to comply with the Hometown Overlay District criteria of having the retail frontage on or close to the property line • Building Frontage (Ref. 20 -7.9): Required. 30 -70% of each elevation facing a side street Provided. 90% on SW 58th Court; 87% on SW 58 Ave., in order to accommodate both an expanded retail area and garage functions (ingress /egress, ramp, on -grade parking) • Awning length (Ref. 20 -7.9 and 20- 7.11): Required. 100% of Building frontage on SW 73rd Street Provided: 83 %, in order to provide a varied design at the ground level. • Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required: 20,000 sq.ft. maximum Provided. 36,312 sq.ft., in order to accommodate both retail and garage functions on the ground floor (ingress /egress, ramp, on -grade parking) SPECIAL EXCEPTION ANALYSIS The Land Development Code specifies that construction in the Hometown District must comply with the regulations established for the district. The City Commission may, by special exception after a public hearing by the Planning Board, waive strict compliance of the Hometown District provisions. The Planning Board must find by substantial, competent evidence that the project must be consistent with specific criteria set forth in Sec. 20 -7.51, (1) through (7): (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. The proposed development provides a commercial parking garage and retail uses that create a pedestrian oriented building edge along the sidewalk as envisioned by the Hometown District regulations. The proposed development provides the required parking for the retail stores based on the code requirements. The development, in addition, Special Exceptions Municipal Parking Garage May 30,2006 Page 3 of 4 provides public parking for use by the customers of local businesses, which will act as a catalyst for other developments on S. W. 73rd Street. (2) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. All the proposed uses are allowed by the Code and the development is well below the prescribed FAR and does not exceed the height limitations of four stories/ 56 feet. (3) The proposed development must possess integrity of design compatible with design criteria established for the Hometown District and with the overall image of the city. The elevations have been designed as a series of small-scale facades in keeping with the neighborhood, with storefront and awnings at. the street level. The architectural treatments along the three streets are in keeping with the design intent of the Hometown Plan. The retail and restaurant spaces facing the street are treated in a scale appropriate to pedestrian experience. The proposed ramp width, parking space dimensions, driving lane widths should allow the garage to be used in a safe and user friendly manner from the standpoint of security and operational aspects of the garage. The parking area is designed for ease of circulation with adequate turning radii and a sense of safety and security. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services. The design of the building shows ingress and egress at the east and west sides. This will reduce the impact of traffic on SW 73rd Street. A previous traffic impact analysis submitted to the City indicated that there are adequate roadway capacities to support the development, and that those intersections most critical to serving the site should continue to operate at acceptable levels of service. Solid waste generated by the development is contained within the site, and will be hauled away from the site by a commercial waste collection company. The proposed development will not have any impact on open space, parks and recreational facilities. (5) The proposed development does not expand the permitted uses within the Hometown District. The uses proposed are permitted within the Hometown District. The placement of three restaurants on SW 73rd Street will require a separate special use approval process. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. The proposed development will increase the tax base generated by the property and will provide opportunities for jobs for the local residents. Availability of additional parking in the weekends and the evening hours will benefit the local businesses. Due to the type of construction ( pre -cast) and short external construction period (4 months) there will be Special Exceptions Municipal Parking Garage May 30, 2006 Page 4 of 4 minimal impact on the retail district in and around the site. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or undue concentration of population. The development is within the prescribed regulations for development density, height and use. The development will not create excessive overcrowding or undue concentration of population that is beyond what is envisioned within the Hometown District. STAFF OBSERVATIONS (A) The impetus initiating this project over eight years ago was to respond to the. Land Development Code requirement that the parking in the Hometown district be developed and managed as an element of infrastructure. The importance of such a concept is that it provides district wide parking and discourages building parking garages at every block. The proposed development provides public parking to address the parking infrastructure concept and to reduce the deficit in off- -street parking in the Hometown District. (B) Staff finds the requests for Special Exceptions meet the intent of the Hometown District Overlay District regulations set forth in the Land Development Code for granting such exceptions. The special exceptions to the use standards, to increase the lot coverage and ground area coverage are essential for the development of a large scale project where parking is a principal use. The special exceptions related to awning length and to increase building frontage along 58th Court and 58th Avenue are necessitated by the dimensional requirements of the parking garage. RECOMMENDATION It is recommended that the application requesting the five special exceptions be approved. Attachments: Application Letter oflntent Location Map Letter of intent Site plan Copies of Public notices DOD /SA 4t E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports\5- 30- 06\PB -06 -013 Garage Special Exception Report.doc UT U INCORPORATED 1927 �4 o RIo CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting /Action Summary Minutes Tuesday, May 30, 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, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Lahiff, Mr. Farfan Mr. Beilman and Mr. Davis. Board members absent: Ms. Yates. City staff present: R. Don O'Donniley (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings PB -06 -013 Applicant: Mark Richman Request: 5829 SW 73rd Street A RESOLUTION OF THE MAYOR &i CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.2, 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A JOINT PRIVATE- PUBLIC DEVELOPMENT WITHIN IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY Planning Board Meeting Excerpt May 30, 2006 Page 2 of 4 (NE CORNER OF SW 73rd STREET AND SW 58th COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. At this time, Mr. Morton swore in the speakers. Action: Mr. Morton read the item into the. record. Mr. O'Donniley provided a brief summary of the request. He indicated that in 2005, the City settled litigation with Mark Richman Properties, Inc. thereby allowing for the development of a joint private - public mixed use parking garage to proceed under the long term lease with the City. Mr. O'Donniley explained that the applicant Mark Richman Properties will be responsible for developing a municipal parking garage with significant retail at the ground level all on property in the SR(HD -OV) Hometown Overlay District. The proposed structure, located at NE corner of SW 73 Street between 58th Avenue Court will be four stories in height. There will be a total of 25,219 square feet of retail space at the ground level. There will be a total of 435 parking spaces. As per section 20 -7.51 of the City of South Miami Land Development Code, the applicant is requesting the following five special exceptions to modify regulations pertaining to the building's proposed design and layout. • Use Standards (ref. 20- 7.2(E)) Required: retail projects must have at least one floor with residential units or office uses equal to at least 20% of gross floor area Provided: the project will not contain office or residential uses; the parking use is considered part of the infrastructure of the Hometown District and is essential to the economic health of the downtown • Lot coverage (Ref. 20 -7.9): Required: 60% maximum Provided: 83 %, in order to comply with the Hometown Overlay District criteria of having the retail frontage on or close to the property line. • Building Frontage (Ref. 20 -7.9): Required: 30 -70% of each elevation facing a side street Provided: 90% on SW 58th Court; 87% on SW 58 Ave., in order to accommodate both an expanded retail area and garage functions (ingress /egress, ramp, on -grade parking) • Awning length (Ref. 20 -7.9 and 20- 7.11): Required.• 100% of Building frontage on SW 73rd Street Provided: 83 %, in order to provide a varied design at the ground level. Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required: 20,000 sq.ft. maximum Provided.• 36,312 sq.ft., in order to accommodate both retail and garage functions on the ground floor (ingress /egress, ramp, on -grade parking) Planning Board Meeting Excerpt May 30, 2006 Page 3 of 4 Mr. Youkilis provided the following staff observations: (A) The impetus initiating this project over eight years ago was to respond to the land development code requirements that the parking in the hometown district be developed and managed as an element of infrastructure. The importance of such a concept is that it provides district wide parking and discourages building parking garages at every block. The proposed development provides public parking to address the parking infrastructure concept and to reduce the deficit in off - street parking in the Hometown District. (B) Staff finds the requests for Special Exceptions meet the intent of the Hometown District Overlay District regulations set forth in the Land Development Code for granting such exceptions. The special exceptions to the use standards, to increase the lot coverage and ground area coverage are essential for the development of a large scale project where parking is a principal use. The special exceYtions related to awning length and to increase building frontage along 58th Court and 58 Avenue are necessitated by the dimensional requirements of the parking garage. Recommendation Staff recommended that the application being requested for five special exceptions be approved. Applicant's representative: George McArdle, Esq. Mr. McArdle explained that the project had been before the Environmental Review and Preservation Board for comments and review. He also stated that the architect has taken several steps to variegate the long facades which result from a parking structure. He added that variegation was achieved by including architectural panels affixed to the building at intervals, use of different colors, changing storefronts and awnings related to the storefronts. The Board and staff then discussed the application. Mr. Comendeiro inquired about the court reporter being present at the meeting. City Attorney Luis Figueredo replied that most likely due to the on -going litigation with the City and Dabby Properties the court reporter was hired on behalf of Dabby Properties. Chair Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker Support Mr. Tucker stated he has waited a long time for the parking garage to be built. However, after hearing Mr. McArdle speak he felt that key points about safety in the garage were addressed such as proper turn radiuses for cars. Cliff Schulman Mr. Schulman, attorney for Dabby Properties indicated that his client who is the owner of the Shopping center just north of the property is completely opposed to the request. Planning Board Meeting Excerpt May 30, 2006 Page 4 of 4 Furthermore, Mr. Schulman commented that he believed the wrong applicant is before the Board at this meeting. City Attorney Luis Figueredo explained that the lease before the Board tonight is an enforceable lease and he stated that the right applicant is before the Board. Chair Morton closed the public hearing. Motion: Mr. Comendeiro moved to recommend approval of the five special exceptions as described. Mr. Davis seconded the motion. Vote: Ayes 6 Nays 0 City of South Miami, Florida 6130 Sunset Drive South Miami, Florida In re: An Application for Special Exceptions as provided for under the Settlement Agreement for Circuit Court Case: Mark Richman Properties v. City of South Miami, Case No. 03- 07058 -CA -24 (Fla. 11'x' Cir. Ct. 2003) REPORT OF SPECIAL HEARING OFFICER George F. Knox, Esq. July 19, 2006 On the sixth day of June, 2006 the Mayor and City Commission of the City of South Miami, Florida ("City") passed and adopted Resolution No. 88 -06- 12229, in which the undersigned Special Hearing Officer was appointed. The qualifications of the Special Hearing Officer were considered and made part of the record. The Special Hearing Officer was directed to "conduct a public hearing, make specific findings of fact concerning the criteria delineated in section 20 -7.51 (1) -(7) of the City's Land Development Code, conclusions of law, and present his findings to the Mayor and Commission for its review and consideration at a subsequent: City Commission Meeting so that the City Commission can adopt the appropriate Zoning Resolution based upon findings of fact of the Special Hearing Officer's recommendation." A Public Hearing was conducted by the Special Hearing Officer on July 7, 2006 in the Commission Chambers. A verbatim transcript of the Public ,Hearing is available, and will be referred to herein as (Tr,pj This report is based on the testimony given; the evidence and exhibits submitted, and upon the review of public records provided by the city for background purposes. FACTUAL BACKGROUND In 2005, the city settled a lawsuit with Mark Richman Properties, Inc. (Richman). The settlement resulted in a lease agreement between the City of South Miami, as landlord, and Mark Richman Properties, Inc., as tenant. The terms of the agreement provided that the city and Richman would co- develop the property described in the agreement, which property is the subject of the Application for Special Exceptions to the City's Land Development Code under review at the Public Hearing conducted by the undersigned Special Hearing Officer on July, 7 2006. In order to comply with the terms of the agreement, Richman submitted an Application for Public Hearing Before Planning Board & City Commission, seeking "Special Exception Permits under section 20 -7.9 and 20 -7.11 for lot coverage, building frontage, awning length and building ground floor area." Richman also sought a Special Exception to the provision at section 20- 7.2(E), pertaining to use standards. In reviewing the application, the Special Hearing Officer applied the standard applicable to a review by the Planning Board, to wit "... find by substantial, competent evidence that the project (must be) consistent with the criteria set forth in section 20 -7.51, (1) through (7), and "review the project and provide to the City Commission an advisory recommendation..." 01 FINDINGS AND ANALYSIS Title 20 of the SMLDC encompasses all of the provisions referred to in the review and analysis of this Application, and is commonly referred to as Hometown District Overlay Ordinance, creating the Hometown Overlay Zone. (HD) The intent of the HD is set forth in section 20 -7.2, which in pertinent part expresses the City's duty to treat parking as an element of public infrastructure. The HD is also designed to channel private development into projects which "achieve a balance of ... uses characteristic of healthy downtown centers ". The Special Hearing Officer finds that the requested Special Exceptions fairly waive strict compliance with the provisions of section 20 -7.2, section 20 -7.9 and section 20 -7.11; and are consistent with the criteria for granting Special Exceptions under section 20 -7.51 of the South Miami Land Development Code ( SMLDC). The city has a vested interest in approving the Special Exceptions under review because, 1) the land assembly contemplated by the underlying agreement is the only practical means by which the city can fulfill its public duty to make adequate parking facilities available to the public; 2) the city benefits from the establishment of private business enterprises to meet the intent of the HD; 3) the cost of providing pubic parking facilities is substantially reduced by venturing with private developers who design and construct facilities which are ancillary to the main enterprise (parking structure), and which are necessary for its successful operation. The project requiring the Special Exceptions is a structure four stories in height, containing 25,219 square feet of retail space and 435 parking spaces. The agreement allows for the creation of a symmetrical site on which the parking structure can be built. Without the inclusion of Richman's property in the site plan, the City would be practically prevented from constructing a facility to address its growing need for parking spaces to serve the public. In arriving at these findings, the Special Hearing Officer considered the information provided by the Planning Director in a correspondence to the Planning Board dated May 30, 2006, Re: Special Exceptions: South Miami Municipal Parking Facility. This document, with its attachments, forms the basis of the determination that there is substantial, competent evidence to support a recommendation to grant the Special Exceptions applied for in this matter. The Special Hearing Officer heard testimony from the Planning Director describing the process of reviewing the requests for Special Exceptions. Richman's legal counsel testified in support of the application. Each of the requests was discussed and considered. Use Standards Request (sec. 20- 7.2(E), to eliminate the requirement for residential and/or office uses. The evidence and 3 testimony show that the site would not accommodate residential and/or office uses, and simultaneously provide the necessary parking facilities for the benefit of the public. The Special Hearing Officer finds that there is substantial competent evidence to support the wavier of the residential /office requirement in deference to the paramount public purpose of the project. Lot Coverage request (sec. 20 -7.9), to provide 83% lot coverage when 60% is the maximum allowed. The evidence and testimony show that the intent of the HD would be subverted by enforcing a lot coverage requirement of 60 %. A lot coverage of 60 % would not fulfill the requirement to "build to the line and provide arcades and awnings to protect pedestrians" (Tr,p15). The Special Hearing Officer finds that providing 83% lot coverage achieves the intent of the HD by having building facades connect with sidewalks to provide ease, safety, shelter and protection to the public. Buildina Frontages Request (sec. 20 -7.9), to allow 90% frontage on SW 58t' court, and 87% on SW 5e Ave. The evidence and testimony show that the additional coverage is necessary on the referenced side streets in order to create a functioning parking structure with an effective circulation plan, and orderly ingress and egress. Without the additional frontage, the ability to maximize retail opportunities on the ground floor would be impaired because of the location of necessary entrances and exits to the parking structure. The Special Hearing Officer finds that there is substantial competent evidence to support a wavier of the 30 -70% side street frontage requirements in order to ensure proper ingress and egress for the parking structure, and to ensure that the city may "emphasize the use of incentives... to achieve a balance of.... uses characteristic of healthy town centers." Awning Len tgh Request (sec. 20 -7.9 and 20- 7.11), to provide awnings for 83% of building frontage wherel00% coverage is required. The evidence and testimony regarding the awning length request show that the design of the project contains elements which have aesthetic value, and create a "look" consistent with the city's desire to "enhance 4 South Miami's community identity and sense of place through the design and placement of buildings..." The Special Hearing Officer finds that there is substantial and competent evidence to support the grant of a Special Exception which will allow awnings to cover 83% of the building frontage in order to help create a facade consisting of vertical appliques and offer features that effectively camouflage the parking structure, and help break up the long expanse of the building. (Tr,p31) Building Ground Floor area request (sec. 20 -7.9 and 20- 7.11), to provide 36,312 square feet of ground floor area when a maximum of 20,000 square feet is required. The evidence and testimony, show that the ground floor coverage must be increased to accommodate the ground floor rental spaces and the ground floor parking structure requirements. The Special Hearing Officer finds that there is substantial competent evidence to support the grant of a Special Exception to allow for the construction of an efficient parking structure and maximize the indicated retail uses. CONCLUSION Having determined that the requests for the Special Exceptions are consistent with the intent of the HD, the Special Hearing Officer concludes that the project is consistent with the specific criteria put forth by the SMLDC at sec. 20 -7.51, (1) through (7), in spite of the modifications created by the Special Exceptions. In order to arrive at the conclusion that the project as modified is consistent with the referenced specific criteria, the Special Hearing Officer reviewed the testimony of the Planning Director, along with his May 30, 2006 report to the Planning Board. As to each criterion, the Special Hearing Officer is satisfied that the analysis, conclusions and recommendations of the Planning Director are based upon substantial competent evidence that is in the record, and available for review and adoption by the Mayor and City Commission. Based upon the findings contained herein, the Special Hearing Officer concludes that the Mayor and City Commission are legally justified in exercising their discretion and granting the Special Exceptions requested in the application under consideration. The record and the testimony of those persons who chose to appear before the Special Hearing Officer provide competent substantial evidence that: (1) The proposed development contributes to, promotes and encourages the improvement of Hometown District and catalyzes other development as envisioned in the Hometown District regulations. 5 (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. (4) The proposed development. shall be designed in a manner that provides effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when .considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. Respectfully Submitted, George F. Knox, Esq. Special Hearing Officer 0 » w k > #k � �:��` �� . \\)kk w; ! a o! - «E � �� ;§ qk ' 755 ) /! §t §/ ) §Lu §d `k\)!)} ! /ƒ !{L k E° �z■ , ))f /{oft: c \* - k §ks\\{# ƒk {) k ƒi !! |!e ■u !6 ! ,t :� k S & !!§ Id |t2'2 �- §E! #! §§! s` (lit !r§; ®! \ E!| :${! !,• §ƒ :` |2!t!\; J: § )g #! )2 4- f ! / [} {\ QT-0 6 \ \ South Miami ar- �n�sacnr 1 l N o CITY OF SOUTH MIAMI - �� Q Ri9P OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City 'Commission Via: Yvonne S. McKinley, Acting City Manage From: Don O'Donniley, Planning Director Date: July 25, 2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE THREE GENERAL ' RESTAURANTS AS PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A PRIVATE- PUBLIC DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58th COURT); AND PROVIDING AN EFFECTIVE DATE Request: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) Mark Richman Properties, Inc, submitted Planning Board Application (PB -06 -014) requesting Special Use Approval to operate three general restaurants as part of a public /private development project entitled "South Miami Municipal Parking Facility " at the above referenced location. The restaurants are part of the retail component of the project. The three restaurants will face SW 73rd Street and will range in size from 4000 - 6000 sq. ft. In total the restaurants will occupy 17,323 sq.ft. at ground level. The applicant has advised that the restaurant leases to date are with Outback Steakhouse and Carrabbas. The third restaurant will be a sports theme establishment. Required parking spaces for the restaurants are provided for within the parking garage; in addition the building will have a valet parking service. The requested special use complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. The Planning Board at its May 30, 2006 meeting adopted a motion by a vote of 6 ayes 0 nays recommending that the application for special use approval be approved with conditions. Recommendation: Approval of the application with the following conditions is recommended: (1) Prior to obtaining occupational licenses the applicant shall provide a floor plan for each restaurant interior to the Planning Board for approval; (2) If the proposed general restaurants are, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed. use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Backup Documentation: Draft resolution Application Location Map Letter of Intent Planning Department Staff Report 5 -30 -06 Planning Board Minutes Excerpt 5 -30 -06 Site Plan (see plans related to special exception application) Copies of Public notices DOD /SAY E: \Comm Items\2006 \7- 25- 06\PB -06 -014 CM Cover report.doc 2 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO 5 SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR 6 SPECIAL USE APPROVAL TO LOCATE THREE GENERAL 7 RESTAURANTS AS PART OF THE SOUTH MIAMI MUNICIPAL 8 PARKING FACILITY A PRIVATE- PUBLIC DEVELOPMENT WITHIN 9 THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT 10 OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY 11 DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS 12 SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN 13 PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI - 14 DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58th 15 COURT); AND PROVIDING AN EFFECTIVE DATE 16 17 18 WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) 19 Mark Richman Properties, Inc, submitted Planning Board Application (PB -06 -014) requesting 20 Special Use Approval to operate three general restaurants as part of a public /private development 21 project entitled "South Miami Municipal Parking Facility " on property legally described as lots 22 35, 36, 37, 48, 49, 50, W.A.Larkins Subdivision according to the plat thereof recorded in Plat 23 Book 3 at page 198 of the public records of Miami -Dade County all located in the "SR(HD)" 24 Specialty Retail Hometown District Overlay zoning district; and 25 26 WHEREAS, a general restaurant is allowed as a special use in the "SR(HD)" Specialty 27 Retail Hometown District Overlay zoning district subject to meeting general conditions 28 specified in LDC Section 20 -5.8 and subject to meeting special requirements set forth in LDC 29 Section 20- 3.4(B)(4)(b); and 30 31 WHEREAS, the approval of a special use requires a recommendation from the Planning 32 Board and the approval of the City Commission after a public hearing; and 33 34 WHEREAS, on May 30, 2006 the Planning Board, after public hearing, voted 6 ayes 0 35 nays to recommend approval with conditions of the special use request; and 36 37 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 38 accept the recommendation of the Planning Board. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 42 43 Section 1: The Special Use Application submitted by Mark Richman Properties, Inc to 44 operate three general restaurants as part of a public /private development project entitled "South 45 Miami Municipal Parking Facility " on property legally described as lots 35, 36, 37, 48, 49, 50, 46 W.A.Larkins Subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 the public records of Miami -Dade County all located in the "SR(HD)" Specialty Retail Hometown District Overlay zoning district is hereby approved subject to the following conditions: (1) Prior to obtaining occupational licenses the applicant shall provide a floor plan for each restaurant interior to the Planning Board for approval; (2) If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this _ day of 12006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR EAComm Items\2006 \7- 25- 06\PB -06 -014 Garage Rest Resolution.doc Fa Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 v Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: I Owner Owner's Representative Contract to purchase _Option to purchase 'Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC _Variance PLEASE CHECK ALL THAT APPLY: Letter of intent _ —Zoning Map Amendment XSpecial Use _ Justifications for change _ PUD Approval _Special Exception _ PUD Major Change _Other _ Statement of hardship Proof of ownership or letter from owner' Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase Y Current survey (1 original sealed and signed /1 reduced copy @11 x17) 15 copies of Site Plan and Floor Plans 1 reduced copy @11 °x17" x 20% Property owner signatures 676r;rl Application for special use permits under Section 20-7.12(A) for three general _ u�- restaurants. Section: Subsection: Page #: Amended Date: Mailing labels (3 sets) and map k Required Fee(s) c. 'J C/W The undersigned has read this comppleted application and represents that the information and all submitted materials are true and correct tot the b oft e applican,V knowle7_X_udd p belief. ApplicarWs Sign ture and title Date Upon receipt, applications and all submitted materials will be reviewed for com liance 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 Petition Required Petition Accepted Method of Payment 8/2/00 City of South Miami PB -06 -013, PB -05 -014 Special Exceptions and Special Use Restaurants Mark Richman Properties / City Parking Garage 5829 SW 73 Street 6109 SW 6 e 5950 c° CD m m M y8� 5 19 8 y180 y112 rn LO LO LO 1 � In 0� 1 5907 s s8d �s s� �° ■ 6845 Lo S sss si s��o 0 �6 1 0 � S�NO S's� 'ir 19 N 0000 110 SO 4,10 6900 n 6 N yeti ��rn S8 mss a0� ■ 21 do y �7 ■ E 70TH ST ;1 3 8 0 y S ■ Lo m o) Lo o � SW 71 ST ST 5k�' S3 � m c4 r �� o w co y UBJECT to Lo OPERTY 6 15 O� Lo 5 �C ■ Lo h I co N R Lo n ss ■ SUNSET DR SW 72ND ST 90 ao 0 0 0o y9y� ro m o'no It 5800 m o ■ 5 Lo 60 to s 9 y ■ s o�N ^ ■ 0 y90. 0 7230 ro 5859 n m > 6 Lo 7230 5795 SW 73RD ST 7 1 5940 7331 5824 ,o 0 7301 A ° 7311 0 7320 7311 7321 S8 5795 7320 s :3) > 7321 ■ �m ■ 5901 5791 7331 7390 7 5 60 �2 O s 74TH 00 ■ L ■ 5901 5875 5801 S? 7400 E 7400 ■ 5950 �-- W n 9> ' i7 5 7410 Q SW 7 TH ER 7azo 0 7420 = M d, �--= 5890 0 L7500 7440 v LO p) �5 5730 7450 LJd oo Lid Jr 7500 yA0 0 � > 7505 7500 7500 ■ 7511 1 (n 7515 ■ 7520 7520 7521 7510 ?620 ■ MARK RICHMAN PROPERTIES, INC. 201 Alhambra Circle, Suite 702 Coral Gables, Florida 33134 Telephone (305) 442 -2214 Don O'Donniley Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Intent for the Application for Special Uses within the South Miami Municipal Parking Garage and Retail Building, submitted by Mark Richman Properties-- roperties Inc. as Applicant _ Dear Mr. O'Donniley: The proposed structure will be located on S.W. 73rd Street between S.W. 5 8' Avenue and S.W. 58th Court. It will have 25,219 square feet of rentable retail on the ground level. There will a total of 435 parking spaces with 17 of those on the ground level. The project is designed to have three restaurants on S. W. 73rd Street. We have signed leases with Outback Steakhouse and Carrabbas and Mark Richman is planning a "sports" restaurant as the third. These three restaurants will provide a "destination" draw for the downtown area generating increased downtown shopping activity. We have reviewed the "Required Conditions" of Section 20- 5.8(B)(1) and are sure that these restaurants will not adversely affect the health or safety of any person in the vicinity and will, in fact, have a positive affect on the public welfare and improvements in the neighborhood. Thank you for time and consideration. Very truly yours, Mark Richman Properties, Inc. By. ` v��< Georg cArdle, Assistant Secretary South Miami All- AmedcaCity 11.1 2001 To: Honorable Chair & Date: May 30, 2006 Planning Board Members From: Don O'Donniley Director of Planning Re: Special Use Approval Restaurants in South Miami Municipal Parking Facility 5829 SW 73rd Str. PB -06 -114 Applicant: Mark Richman Properties, Inc, Location_ : 5829 SW 73rd Street Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE THREE GENERAL RESTAURANTS AS PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A PRIVATE- PUBLIC DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58th COURT); AND PROVIDING AN EFFECTIVE DATE APPLICANT'S REQUEST: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant is requesting a Special Use Approval to operate three general restaurants as part of a public / private development project entitled "South Miami Municipal Parking Facility " at the above referenced location.. The proposed restaurants are located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning District. A general restaurant is permitted with Special Use Approval. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design shall provide a sit -down area for the customers. STAFF ANALYSIS (1) The applicant is requesting a special use permit to operate three restaurants at the ground floor of City's municipal parking facility. The restaurants are part of the retail component of the project. (2) The three restaurants will face SW 73rd Street. The restaurants will range in size from 4000 - 6000 sq. ft. In total the restaurants will occupy 17,323 sq.ft. at ground level. 5829 SW 73 St. Special use approval May 30, 2006 Page 2 of 2 (3) The applicant has advised that the restaurant leases to date are with Outback Steakhouse and Carrabbas. The third restaurant will be a sports theme establishment. (4) Required parking spaces for the restaurants are provided for within the parking garage; in addition the building will have a valet parking service. SPECIAL CONDITIONS APPLICABLE: The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use, b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. In addition, special uses may also be required to comply with supplemental requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a general restaurant the following requirements are listed: (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street - side services of any kind. A separate application for outdoor seating would be required. (ii) No services of a drive -in or of a fast food nature shall be permitted. (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. RECOMMENDATION The requested special use approval for the three restaurants complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following conditions is recommended: (1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining occupational licenses; (2) If the proposed general restaurants are, in the future, determined by the Director of Planning , to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: Application Location Map Letter of Intent Copies ofjPublic notices DOD /SAY 2 E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports\5- 30- 06\PB -06 -014 Restaurants- Garage Am CITY OF SOUTH MIAMI Planning Board / Action Summary Minutes Regular Meeting Tuesday, May 30, 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 7:36 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, Mr. Comendeiro, Ms. Lahiff, Mr. Beilman, Mr. Davis and Mr. Farfan. Board members absent: Ms. Yates. City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Luis Figueredo (City Attorney), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings Mr. Morton swore in the speakers. PB -06 -014 Applicant: Mark Richman Properties, Inc. Address: 5829 SW 73 Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE THREE GENERAL RESTAURANTS AS PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A PRIVATE- PUBLIC DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT Planning Board Meeting May 30, 2006 Page 2 of 4 BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58th COURT); AND PROVIDING AN EFFECTIVE DATE Action: Mr. read the resolution into the record. Mr. O'Donniley explained that the applicant is requesting a special use approval to operate three general restaurants as part of a public / private development project entitled "South Miami Municipal Parking Facility ". The proposed restaurants are located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning District. Staff presented a powerpoint Mr. O'Donniley then provided the following staff analysis: (1) The applicant is requesting a special use permit to operate three restaurants at the ground floor of City's municipal parking facility. The restaurants are part of the retail component of the project. (2) The three restaurants will face SW 73`d Street. The restaurants will range in size from 4000 - 6000 sq. ft. In total the restaurants will occupy 17,323 sq.ft. at ground level. (3) The applicant has advised that the restaurant leases to date are with Outback Steakhouse and Carrabbas. The third restaurant will be a sports theme establishment. (4) Required parking spaces for the restaurants are provided for within the parking garage; in addition the building will have a valet parking service. (i) Additionally, Mr. O'Donniley informed the Board about the special conditions that are applicable to this special use approval. He stated that the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. Recommendation Staff stated that the requested special use approval for the three restaurants complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following conditions was recommended: (1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining occupational licenses; (2) If the proposed general restaurants are, in the future, determined by the Director of Planning , to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Planning Board Meeting May 30, 2006 Page 3 of 4 (2) Applicant: George McArdle (representative for Mark Richman ) Mr. McArdle indicated that the proposed structure will have 25, 219 square feet of rentable retail on the ground floor. There will be a total of 435 parking spaces with 17 of those on the ground level. He explained the project is designed to have three restaurants on SW 73 Street. Mark Richman Properties has signed leases with Outback SteakHouse and Carrabbas and Mark Richman is planning a "sports" restaurant as the third. Mr. McArdle emphasized that these three restaurants will provide a "destination" draw for the downtown area generating increased downtown shopping activity. Additionally, he stated that these restaurants will not adversely affect the health and safety of any person in the vicinity and will, in fact have a positive affect on the public welfare and improvements in the neighborhood as noted in "Required Conditions" of Section 20- 5.8(B)(1). Chair Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker Supported Mr. Tucker stated the importance of fire safety and sanitation practices in the restaurants. Cliff Schulman, Esq Opposed Mr. Schulman attorney for the adjacent property owner expressed his objection to this request. Chair Morton closed the public hearing. At this time, the Board and staff discussed the item further. Mr. Commendeiro commented that he would like to see in the future the floor plans for the restaurants. Mr. O'Donniley replied that the Board can request that the floor plans be brought to the Board before issuing a building permit. Mr. O'Donniley noted to the Board that new wording would have to be added to staff's recommendation #1. Mr. Comendeiro agreed with Mr. O'Donniley's suggestion and proceeded to make a motion. City Attorney Figueredo asked if the motion being created was for the amendment only or for the whole request. Mr. Comendeiro replied that his recommendation for approval would include the request and the amendment to staff recommendation #1. Motion: Mr. Commendeiro moved to recommend approval of the request with staff's conditions but with an amendment to recommendation # 1: 1. The applicant shall return to the Planning Board with a floor plan for each restaurant prior to issuance of occupational license. 2. If the proposed general restaurants are, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be determinal to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public approval may be modified or revoked by the City Commission upon notification and public approval Mr. Davis seconded the motion. Vote: Ayes 6 Nays 0 E LU Cl) }|$2k2);k . ;. , ) U) W :\l� ! !1)5;Gi79l7fPa7 2)8 ! ■m\= |!| z ! ; ! 51 { ) \kS �,! « U) { ®�,E2»m -f a ! g,m., -!`!a ..ol,( ■!g ! r ! =lf;��l. �2M« em u) ��|\� §\�2 k - \ ��■ |•, ©!�!� |.| k/ k �k)x2k! $ , # k §7 \'5, a) ca� § &a, Viem .4 t\ mg 2 )�(\k ƒ\ \% xk |!!, |■E� a: 0> { §§ ;�• b! % k |2 \ °$);)k ��- |° = \ ( (§ \§ {(( / }42z ;#{k! ! k o South Miami Al A neftapy CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley City Manager From: Gremaf Reyes, MIS Manager Date:.. July 25, 2006 Item No. Subject: A RESOLUTION OF THE MAYOR AND CITY - COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ACCRISOFT CORPORATION TO PROVIDE WEBSITE DESIGN AND HOSTING FOR THE CITY OF SOUTH MIAMI WEBSITE FOR A ONE -TIME FEE AMOUNT NOT TO EXCEED $8,000 AND A MONTHLY FEE AMOUNT NOT TO EXCEED. $395.00 FOR SERVICE AND MAINTENANCE AND CHARGING THE DISBURSEMENT TO THE M.I.S. CONTRACTUAL SERVICES ACCOUNT NUMBER 001- 1340 - 513 -3450; PROVIDING FOR AN EFFECTIVE DATE. Reason /Need: Within Internet applications, having a website is an advantage which provides flexibility for the City of South Miami to rapidly enhance its information technology in both citizen and business outreach activities. In order to continue to provide accurate and up -to- date information, the City of South Miami must be able to rapidly and cost effectively create, build, and manage an interactive website. Internet access containing an enhanced website will improve the City's internal and external communications. Improved internal communication will allow City- personnel to easily send and receive information, thereby increasing productivity. Improved external communication will allow citizens, businesses, other municipalities, and state agencies to electronically retrieve and share information with the City of South Miami. Thus, the tool of an enhanced website will result in a more productive output and an overall faster, more up -to -date organization. The following are just some of the product features that will be available for use on the website. • Hit Counter — Display simple hit counter statistics to visitors. • Basic Forms - Collect information from web page visitors through online forms and receive form information via email and integrated form processing system. Typical forms include contact forms, information requests, event RSVPs, -and feedback forms. • News Articles —Add news articles to the website to communicate important information to site visitors and have the system automatically list the articles in the order in which added to the website. • Photo Album. Add photos to the website in photo albums that let visitors easily view and navigate between photos. This feature also includes. editing the photos after they are uploaded to enhance the photos for the website. • FAQs— Create Frequently Asked Question lists. • Weather Feed — Display local weather conditions and forecasts. • Calendar and Events — Manage and display the events and activities the city is involved in so that visitors to the site can view information about these events. • Recurring Events — Create events that occur on a regular basis so they do not have to entered over again each time. • Blog— Publish web log entries and allow visitors to comment on each entry. • Directories — (dining, company, services, staff, nightlife; products) Cost: A one time set up fee of $8,000 and a monthly software license fee of $395 per month. Funding Source: M.I.S. Department Contractual Service Account #100 - 1340 - 513 -2450 with a current balance of $45,084.00 Backup Documentation: • Accrisoft Web Site Proposal • CivicPlus Website Proposal • Interwave Travel Concepts, Inc Web site Proposal • Trelles Web site Proposal 13 14 15 16 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ACCRISOFT CORPORATION TO PROVIDE WEBSITE DESIGN AND HOSTING FOR THE CITY OF SOUTH MIAMI WEBSITE FOR A ONE -TIME FEE AMOUNT NOT TO EXCEED $8,000 AND A MONTHLY FEE AMOUNT NOT TO EXCEED $395.00 FOR SERVICE AND MAINTENANCE AND CHARGING THE DISBURSEMENT TO THE M.I.S. CONTRACTUAL SERVICES ACCOUNT NUMBER 001 -1340- 513 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to be involved in web hosting within Internet applications, recognizing distinct advantages of having a website; and WHEREAS, the City wishes to enhance its information technology capability for various sectors of the community, including citizens and businesses, via a website; and WHEREAS, the City realizes that it must rapidly and cost effectively create, build, and manage an interactive website in order to provide accurate and up -to -date information; and WHEREAS, extensive research has revealed that the most cost effective, productive means is to utilize Accrisoft Corporation to provide the necessary web hosting for the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to enter into an agreement with Accrisoft Corporation for the provision of website design and hosting for the City of South Miami website disbursing a one -time sum amount not to exceed $8,000 and a monthly fee amount not to exceed $395.00 to Accrisoft Corporation. Section 2. The cost shall be charged to the M.I.S. Contractual Services Account Number 001 - 1340 - 513 -3450, with a current balance of $45,084.00. Section 3. The attached agreement is made a part of the resolution. Section 4. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2006. APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: CADocuments and Settings \SRothstein \My Documents \Reso- Ord\website Reso.doc 2 Message AC Page 2 of 6 7/18/2006 Message I Page 4 of 6 Accrisoft Freedom Solution Packages Accrisoft Pro Plus Solution (see attached sheet) Accrisoft Freedom Hosting Plans Accrisoft is pleased to offer The City of South Miami the following Accrisoft Freedom web hosting offerings. Accrisoft Freedom solutions are hosted on NTT Verio VPS v2 Managed Servers providing the most robust and secure hosting options available. Web hosting offerings are based on amount of bandwidth and disk storage space you require. Options available: • Level 1: Accrisoft Freedom Level 1 web hosting plan includes 15 GB of bandwidth and 2.0 GB of disk space (Included) Pricing Accrisoft Corp. is pleased to make a special offering of the Accrisoft Freedom Pro Plus Package to the City of South Miami The price is good thru July 31, 2006. The price includes: 1. Setup Fees Pro Plus Package Setup Fee (one time), prime domain (URL) $ 8,000.00 ($2000.00 discounted) Includes: Design Included Deployment Included Custom Design Included Content Migration Included (up to 25 pages - $125 per hour after) Program Directory Included Customization 2. Software Licensing Monthly Software License $ 395.00 required (discount of $100 per month) Feature is listed under Product Features section 3. Domain Registration Domain Name Registration and /or Redirect Service $25.00 (optional) (Required for new domain set -up or "redirect" of website /domain now established; one time fee) 4. Secure Certificates Choice of: Private SSL Secure Certificate (one time per URL per year) $ 225.00 (optional) 7/18/2006 Message • Shared SSL Secure Certificate (one time per URL) 50.00 (required) 5. Custom Programming Additional custom programming will be provided as needed at a rate of $ 125.00 per hour 6. Custom Design — Included • 2 design layout revisions . Flash on the homepage . 15 custom graphic pages Additional Custom Design: Graphics and /or Technical Assistance $ 125 per hour 7. Training Price includes on -site and /or web -based training of software for five (5) hours. 8. Technical Support Page 5 of 6 Technical support is available via web and email. Up to One ( 1 ) hours of phone tech support available per month. Payment Terms All fees will be due according to the following terms • All contract terms are 12 months from date of contract signature. • Monthly prorated billing begins the date the contract is signed to support initial start up services including server provisioning, site design and user training prior to site launch. • Monthly fees will be payable on the first of each month and will be paid in advance of the month • Set up fees will be due upon signing of the contract Accepted By: Name: Title: Date: City of Miami Accrisoft Corporation 7/18/2006 webEmpowermentsoftware Freedom Features ccriso ro a ry v e` - ...,_... Create and build — Rapidly design, create and build a rich, interactive website Provide dynamic content — Provide dynamic content and interactive online services Communicate— Engage customers, partners, suppliers and employees Market and promote — Increase traffic to your site, drive business, generate leads Implement e- commerce — Implement an online storefront to sell products online Automate business processes —Free staff and IT resources for core business Track and measure results — Monitor the effectiveness of your online strategy Manage organizational information —Take control of your most valuable asset by managing organizational knowledge and intelligence Maintain your site /infrastructure —Manage your own site to free IT resources ,F W HTML Editor ■ Flexibly and cost - effectively maintain your own website Menus ■ Quickly and easily create, build, and update menus Web pages • Create professional quality web pages without HTML expertise • Support content from multiple content contributors Forms ■ Collect customer data conveniently and cost - effectively Forms wizard ■ Enable anyone in the company to develop forms and questionnaires Web page and information updates ■ Allow multiple content contributors to add content at anytime WIN Accrisoft FREEDOM web empowerment software rove em ynamic ontent Jobs listings • Display searchable, organized, current job listings • Accept applications online News feeds /current events • Display information provided by third party sources • Showcase your site as a true information portal Weather feeds ■ Offer visitor's access to real -time weather information Stock market lookup ■ Provide real -time stock market data from a national database Dining guide • Make your.Site a resource for residents and visitors • Position your site as up -to -date and fun Night life guide ■ Make your site an entertainment resource ■ Position your website as fresh and fun Tow WEEREW, Photo albums ■ Display photos of events and people immediately after the event . Intranet ■ Quickly and - easily design and build an intranet site Job openings ■ Provide searchable listing of current job openings News articles ■ Create and publish headlines and news content quickly and easily Email capabilities • Use broadcast email to build a marketing database • Reduce printing, postage, handling and time spent mailing newsletters and mailers Blogs ■ Easily publish and update website journal entries Polls /surveys ■ Create polls and surveys with instantaneous graphical feedback FAQs - Frequently Asked Questions ■ Conveniently post searchable frequently asked questions Marlet`and Promote Marketing Tool Kit • Market your site more effectively via a set of best practices • Optimize inclusion in search engine listings Broadcast email campaigns • Promote events, products, services, and your website • Build opt -in email lists automatically Product promotion • Promote products and services using easily designed web banners • Encourage web visitors to purchase products or act on special offers Banner ads • Drive traffic to high - profit offerings • Generate revenues with sponsored ads Interactive calendar and recurring events ■ Flexibly post and update multiple events and dates Search capability • Help visitors find information faster • Improve customer satisfaction and sales 0 Product catalog /online storefront ■ Create an online catalog using flexible, pre - programmed tools Shopping cart standard ■ Accept payment via credit card or a -check Shopping cart automated ■ Automatically pass payment data to outside payment processors ■ Increase revenues and profitability Online donations automated ■ Accept donations online via credit card or a -check Online donations standard ■ Automatically direct transactions to an automatic payment processor WebMpowermentsoftww Online registration ■ Automate registration for events, activities, newsletters, membership Online promotions and lead generation • Autornaie promotions by sending out broadcast emails • Promote products and services online with banner ads Online job submission • Automate job submission and application by providing online forms • Accept job• applications online • Automate communications with prospective employees Interactive calendar and recurring events • Flexibly post and update multiple events and dates • Automatically schedule recurring events rac and'm s resu Hit Counter r Measure site popularity without coding or HTML expertise Site statistics ■ Track performance across dozens of metrics Lead Tracker ■ Generate leads online 24 hours a day, seven days a week ' Poll /surveys ■ Create polls and surveys with instantaneous graphical feedback Increase Profits, Enhance Productivity and Improve Communication anage argahi atlonl Win ion : ` Company directM ■ Provide searchable directory information in multiple ways Reports Wizard ■ Collect and analyze relevant data for use in marketing campaigns Additional directory • Use flexible modules to easily list anything • Create customizable, searchable directories Membership directory ■ Create a searchable database of members Staff profiles ■ Use ready -made staff profile templates to create a staff directory Intranet ■ Quickly & easily design and build an intranet site online search capability ■ Make it easy for visitors to find information Off ai r sl e a mf a ru Hosting infrastructure • Affordable, reliable hosting via a secure, robust network • Hosting infrastructure internally maintained and upgraded regularly • Hosted solution with minimal investment and economies of scale Manage intranet site • Easily create and manage a password- protected intranet site • Isolate your intranet behind a powerful firewall • Provide access to enterprise -wide information repositories HTML editor • Customize pages using HTML commands or paste in blocks of code • Maintain control of your website s Wa n WESTIORTFIRMN Password Protectd Areas • Create and post password- protected members -only sections of the site ■ Protect sensitive, confidential company information • Improve communication and collaboration without compromising privacy Workflow Management • Establish an editor /publisher hierarchy to add an extra level of security • Allow multiple stakeholders to contribute to an exciting, dynamic website • Prevent confidential, premature, or sensitive information from being published Rights Assignment • Assign rights to content contributors to protect content • Designate who can and cannot edit website content • Protect the quality and integrity of your website content Email Aliases • Prevent spamming and phishing • Minimize potential for infection by viruses and spyware A_ c_c_r_isof_t -10 1900 NW Corporate Blvd. • Suite 400 East • Boca Raton, FL 33431 - 561.988.2516 www.accrisoft_com M Accrisoft Freedom- and web empowerment software" are trademarks of Accrisoft Corporation; All other trademarks are the property of their respective owners ai oortosros Web site Proposal Sites take 3 -4 months to develop. CivicPlus Recommendations for South Miami by April Hamilton CivicPlus' Content Management System (CMS was created by CivicPlus in 1997; the system has over $1 million invested in to its development. This investment creates a wide variety of tools and functionality to meet client needs. The browser -based Website Management System allows non - technical staff the ability to update site content from any location with a computer and Internet connection. Based on conversations from our meeting on June 14, 2006 the following recommendations and pricing has been created for your consideration. Total One=time Fees Complete Site Development to include migration of up to 10 pages 56,750 Includes all modules listed below == - - - - - -- -r- - - - -- Recurring Monthly Fee for Upgrades, Enhancements, Hosting, Service and Support $750 x 1Z= 9,000' Modules included: ✓ Archive Center ✓ Bid Posting ✓ Business Directory • Document Center • Dynamic Breadcrumbs • Dynamic Sitemap • Events Calendar • FAQ • Forms Development Tool ✓ Intranet • Job Posting • News Flash ✓ Quick Links 1 GB Additional Service Available I vLCH i I U, I w. W W ✓ Notify Me Email Subscription • Opinion Poll • Request Tracker for 5 users • Staff Directory • Additional Domains: One • Links Redirect • Online Web Statistics • Printer Friendly • Rotating Content • Search Engine Registration ✓ Site Search and Site Search Log ✓ Website Administrative Log On -Site Training and Consulting: One -Time Fee Monthly Fee One day of on -site meetings day before on -site training. $9,600 N/A Three days of on -site hands -on training. One -half day of online hands -on training and administrative setup. CivicPlus may provide up to seven laptops if requested. Estimate includes travel and related costs. Page Migration —100 additional pages bZ,DUU rvih Page Migration — 300 additional pages $5,000 N/A per pages For additional information: Contact: April Hamilton Phone: 888 - 228 -2233, ext. 251 Cell: 785 - 341 -0456 Email Address: hamilton @civicplus.com Standard for South Miami by April Hamilton C'1VICPIUS ■ Take Control of Your Website! Recommended Add -on Modules: Project Details Monthly Fee Upgrade to include: Business Directory, Dynamic Breadcrumbs, Dynamic Sitemap, One Time Fee ➢ Phase 1: Analysis and Establish Timeline and Website Administrative Log • Establish project timeline. Notify Me E-mail-Subscription Service Identify custom modules and integration projects. $1,500 ➢ Phase 2: Website Design and Navigation Architecture - - - - - - $300- • Creating a professional and attractive "look and feel' for • Determining site navigation. $75 Job Posting (does not include Online Job Application) the entire website. . Standard placement of dynamic page components. - - - - -- $300--- - - - - -- $100 Modify design with input from client. - - - - - - - - - - $1_500- - - - - - - - - $100 Intranet/Extranet ➢ Phase 3: Site Development - Modules and Site setup $100 • Content Management System and Menu Management. o 'See Modules and services on next page. ➢ Phase 4.: Content Development/Migration • Migrate existing website content. 0 Approximately 10 pages and supporting files will be • Gather content worksheets from your departments and developed for initial website. $350 contact departments as needed for additional content. 0 Develop sitemap as pages are being developed. ➢ Phase 5: Review and Test Included • Review new website. 0 Review on -going responsibilities of department heads • Make final revisions to website. and administrative staff. ➢ Phase 6: Training $1,500 • Provide training to employees who will be responsible 0 Provide training to main web administrator who will be for departmental updates. adding levels to the main page and assigning rights to • Provide training to main web administrator on the use of administer those pages. and interpretation of web statistics. 0 12 hours of online phone training for 1 -2 employees. ➢ Phase 7: Go -live and project review Included • Launch site. • Gather feedback from staff involved in project. ➢ Phase 8: Marketing Included • Registration of site with all major search engines. 0 Press Release to market new website. Total One -time Fees Recurring Monthly Fee for Upgrades, Enhancements, Hosting, Service and Support $25Q< Recommended Add -on Modules: One -Time Fee Monthly Fee Upgrade to include: Business Directory, Dynamic Breadcrumbs, Dynamic Sitemap, $1,000 $100 FAQ, One Form, Print Friendly, Link Redirect, Search Engine Registration, QuickLinks and Website Administrative Log Notify Me E-mail-Subscription Service - - - -------- $300- - - - - - $75 Archive Center for Agendas and Minutes - - - - - - $300- - - - - - - - - $100 Forms Development Tool ----------- $700---------- $75 Job Posting (does not include Online Job Application) $300 $150 Bid - - - - -- $300--- - - - - -- $100 -Posting Re uestTracker— Request Management and Tracking-System for 2 users - - - - - - - - - - - $1_500- - - - - - - - - $100 Intranet/Extranet $500 $100 On -Site Training and Consulting: One -Time Fee Monthly Fee One day of on -site meetings day before on -site training. $9,600 N/A Three days of on -site hands -on training. One -half day of online hands -on training and administrative setup. CivicPlus may provide up to seven laptops if requested. Estimate includes travel and related costs. Confidentiality Statement: The information and work presented in this document is considered confidential and represents critical industry information, trade secrets, and proprietary knowledge. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means -graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems- without the written permission of CivicPlus, 317 Houston St Manhattan. Kansas, 66502. 6/2212006 Page 1 ❑ Archive Center ❑ Banner Development - Additional ❑ Bid Posting ❑ Business Directory 19 Document Center ❑ Dynamic Breadcrumbs ❑ Dynamic Sitemap ❑ E- Commerce 19 Events Calendar ❑ FAQ ❑ Forms Creation (_ form to email) ❑ Forms Development Tool ❑ Intranet ❑ Job Posting O News Flash ❑ QuickLinks ■ ■ IVIC -lus Take Control of Your Website! Monthly Online Editor — allows for online editing and page creation One -time Web Page Upload Utility — allows for the upload of web pages Site Search log — allows you to research site search entries on your site Action Items — items that need attention are automatically in a queue Monthly One -time Fee CivicPlus Application and Modules: Fee ➢ Data Hosting ➢ Upgrades ➢ 24/7 Support Fee ➢ Fixes Fee $ $ ➢ 3 hour response ❑ Notify Me Email Subscription $ • Offsite storage of backup $ ➢ Highly rated by clients $ $ ➢ Online training manuals ❑ Online Job Application $ ➢ DNS maintenance if needed $ $ $ © Opinion Poll $ Included $ Included $ $ ❑ RequestTracker for users $ $ $ Included $ Included 0 Staff Directory $ Included $ Included $ $ ❑ Other: $ $ $ $ Administrative Modules & Services $ $ ❑ Additional Domains $ $ $ Included $ Included ❑ Links Redirect $ $ $ $ 0 Online Web Statistics $ Included $ Included $ $ ❑ Printer Friendly $ $ $ $ u❑ Rotating Content $ Included $ Included $ $ ❑ Search Engine Registration $ $ $ $ ❑x Site Search and Site Search Log $ Included $ Included $ Included $ Included ❑ Website Administrative Log $ $ One banner, mouse -over menu structure, author and publisher rights, options for site layout, rotating content, dynamic page components... Online Editor — allows for online editing and page creation Web Page Wizard— create web pages easily with preformatted options Web Page Upload Utility — allows for the upload of web pages Site Search log — allows you to research site search entries on your site Action Items — items that need attention are automatically in a queue Menu Management — add new menu items easily. Hosting : CivicPlus Application and Modules: Support: ➢ Data Hosting ➢ Upgrades ➢ 24/7 Support ➢ Data Backup ➢ Fixes ➢ Dedicated Support manager ,➢ Patch Maintenance ➢ Improvements ➢ 3 hour response ➢ Site Monitoring ➢ Integration ➢ Proactive support for updates and fixes • Offsite storage of backup ➢ Testing ➢ Highly rated by clients • Data recovery (fee based) ➢ Development ➢ Online training manuals • DNS hosting ➢ Usage license ➢ Newsletters featuring tricks and website ideas ➢ DNS maintenance if needed ➢ Router monitoring Confidentiality Statement: The information and work presented in this document is considered confidential and represents critical industry information, trade secrets, and proprietary knowledge. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems - without the written permission of CivicPlus, 317 Houston St Manhattan. Kansas, 66502. 6/2212006 Page 2 ariptions & Initial Development Options Archive Center– Pages may be easily archived with the latest page posted to the web site. ■ ■ IVIC lus Take Control of Your Website! Administrative Tools– Monitor your site administrators with the Site History Log. Review what people are looking for with the Site Search Entry Log. Bad links (people using old identifiers) may be easily viewed. Site Redirects allows you to provide common names to places on your website. Banner Development– Banners may be developed for each department, season or special events. Bid Posting– Schedule the posting of Request for Proposals. Vendors can subscribe to be automatically notified of new bids in their area of expertise. Business Directory – Site visitors can search through a business directory by name, business type and zip code. Other information, such as brief description, address, phone, email, and a link to the business' web site are also provided. CivicPlus Website Management System —On the front -end of the website, CivicPlus offers mouse -over menu structure, banners that may be randomly generated for a section of the website or assigned to a specific area of the website, and site structure options on initial development. On the Administrative side of the website, users may be established as Authors (able to create and edit pages) and Publishers (responsible for approving and posting pages to the website), Ability to establish Private - Access Sites with login access to specific areas of the website, multi -event calendar, page versions, and more! Custom Forms Development – Development of interactive online forms. Document Center Store any kind of file for your visitors to access, pdf, video... Dynamic Breadcrumbs - Links to show path to page. E- Commerce – Take on -line payments for activities such as registering for Parks and Recreation Activities. E- Government Consulting - CivicPlus consultants will analyze your existing website, website statistics, site search requests and website content to determine effective site navigation, layout and content development. Meeting with decision- makers to discuss results and implementation recommendations. Events Calendar –The calendar allows for events to be categorized into multiple listings of activities. Mini - calendars may be used within areas of your website to further enhance a page. FAQ – Manage Frequently Asked Questions easily. Job Posting– Post jobs and forms related to employment opportunities. Job seekers can sign up to be automatically notified of newjob announcements. News Flash – A special area on the home page to post "hot" information. This area could be utilized by any department and could contain information about a crisis, rainout information, announcement of a special meeting, etc. Notify Me – This module enables citizens to be notified concerning city or county activities, e.g. council meetings, recreational activities, etc. The end user can sign up to be on a number of mailing lists in order to obtain information about the activities. Online Form Development Tool – Build your own online forms that may be submitted via e-mail. Online Job Application System – City staff can easily manage job seekers' applications. Opinion Poll – Government officials can find the pulse of the community concerning civic issues. Polls may be created, posted and data is accumulated. Portal Development– CivicPlus designer creates a custom portal. Portals are used, to provide regional services or a graphic representation. Private Access Intranet Module — Provides login- restricted pages for unlimited staff access or may be established for individuals outside of the city staff, e.g. member directory, special committees who need access to special information. Property Appraisal and Tax Value Search — Upload your county's appraisal and tax information. Site visitors can search the appraisals and property tax based upon your county's criteria. Login access may be delegated or "sold" to external organizations. QuickLinks -- Showcase important links from site page to other pages or important information on your site. Real Estate Locator- Provide a searchable listing of the building, sites and land available for economic development within a community. Properties may be updated by the property manager /owner. RequestTracker– Track complaints and requests throughout the processes to closing the request and generating reports. Site Search and Search Entry Log – Site visitors can search the whole site quickly. Website administrators may easily track which items are being entered. Spam Blocker for E -mail – E -mail security services block unsolicited e-mail and e- mail -borne viruses and attacks before they reach your network. Staff Directory– Provide your citizens with many ways of searching a list of staff members. The end user can search by first name, last name, or department. Web Mail – Employees can check their email and calendar from anywhere! Confidentiality Statement: The information and work presented in this document is considered confidential and represents critical industry information, trade secrets, and proprietary knowledge. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems - without the written permission of CivicPlus, 317 Houston St Manhattan. Kansas, 66502. 6/22/2006 Page 3 ■ ■ IVICPIUS Take Control of Your Website! Additional Domain Names Note . ov domain names cost an additional $125 per yr. $150 $15 Additional Storage Space in 100MB lots $10 Additional Storage Space in 1 GB lots $50 Archive Center $300 $100 Banner Development — priced per banner $500 $150 Banner Ad (promotional banner ads) $300 Bid Posting (requires Notify Me) $300 $100 Content & Web Page Production $35- $150/p $300 Dynamic Breadcrumbs $400 $50 E- commerce — (setup 5 items) $800 As low as $50 E- Government Consulting Custom $3 /e -mail E -mail this Page $300 FTP Hosting $250 $25 GIS Hosting Custom Custom Intranet/Extranet $500 $100 Job Posting $300 $150 LDAP Integration $2,700 Online Job Application $9,500 $100 Online Form — priced per $200 -$400 Online Form Development tool (200MB of storage) $700 $75 Portal Development $800- $8,000 Print this Page Option $300 Professional Development of Look - and -feel and Home Page $900 Property Appraisal Search (includes 2 Uploads a year) $4,500 $250 Property Tax Search (includes 2 Uploads a year) $4,500 $250 Real Estate Locator $2,500 $250 RequestTracker - Request Tracking and Management Starting at $1,500 $500 /unique form $50 /user (2 user minimum) 5 -10 users - $250 10 -15 users - $350 15 -25 users - $500 25-40 users - $700 Search Engine Registration —Annually $20 Search Engine Registration — Quarterly $50 Search Engine Registration — Monthly $75 SSL Setup and hosting $1,200 $100 *Software Backup (Source Code and Data) Provided Quarterly $400 $150 *Software Backup (Source Code and Data) Provide as requested $500 Software Backup (HTML) Provided as requested $200 Software Backup Site (limited services, no site search, not dynamic) hosted on a separate server $1,500 $300 Spam Filtering ($50 minimum per month) $150 $3 /e -mail Third Level domain setup $100 $10 Web Mail $150 $3 /e -mail *Requires separate contract. Confidentiality Statement: The information and work presented in this document is considered confidential and represents critical industry information, trade secrets, and proprietary knowledge. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems- without the written permission of CivicPlus, 317 Houston St Manhattan. Kansas, 66502. 6/22/2006 Page 4 Training Costs and Options: e a IVICPIUS Take Control of Your Website! A CivicPlus trainer will travel to your location with a portable lab of 6 laptop computers. Number of training sessions is dependent upon the number of modules and the number of students. Cost: I $1,200 per day plus travel time and expenses. of t Our - offers phone • for 1-2 people. Additional Modules will require additional training. Training can be customized to fit your needs. Confidentiality Statement: The information and work presented in this document is considered confidential and represents critical industry information, trade secrets, and proprietary knowledge. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems - without the written permission of CivicPlus, 317 Houston St Manhattan. Kansas, 66502. 6/22/2006 Page 5 ■ ■ IVICPIUS Take Control of Your Website! Optional Design Services CivicPlus provides employees with the ability to manage and update their own information. Although page development is simple with CivicPlus, a website consultant may be necessary to transform the information into a more useable and attractive page for your site visitors. Adding Design Services to your contract will allow you access to the CivicPlus team of design and training experts for the following services. • Graphic Design • Page Development a Animated Graphics • Flash Animation • Portal Development • Design Special Buttons • Marketing 0 Logo Development • Phone Training • Microsoft Word Training • Image Manipulation 0 Programming • Site Review • Graphic Software Training Hours per Month Cost Up to 2 hours $140 Up to 3 hours $180 Up to 5 hours $250 Standard rates for services are $95- 125/hr. CivicPlus provides ongoing support of the CivicPlus system. System issues are addressed with the support staff. For additional information: Contact: April Hamilton Phone: 888 - 228 -2233, ext. 251 Cell: 785 - 341 -0456 Email Address: hamilton @civicplus.com Confidentiality Statement: The information and work presented in this document is considered confidential and represents critical industry information, trade secrets, and proprietary knowledge. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means -graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems- without the written permission of CivicPlus, 317 Houston St Manhattan. Kansas, 66502. 6/22/2006 Page 6 Page 1 of 4 Proposal to Redesign and Maintain the City of South Miami Website www.cityofsouthmiami. net GOALS: To update the look, feel and user experience of www.cityofsouthmiami.net by: • Redesigning the site layout to highlight Department activities, City business and special events • Developing new site navigation to improve information accessibility • Implementing new page construction methods to reduce maintenance costs and allow for simple implementation of future site expansion /contraction. CHALENGES: • Managing large amounts of content • Providing site flexibility to integrate new content or remove expired content while maintaining the look and functionality of the site. • Making content easily accessible through different channels or methods • Providing timely updates to both content and visual (branding) aspects of the website. • Developing new website on City owned Windows NT web server. Stipulations: • The City of South Miami is the owner of all content provided during the development of their website. • Final GIF or JPG images and HTML code used on the site will be the property of the City of South Miami. • Any source materials provided by Interwave Travel Concepts and /or contracted third - parties will be used under appropriate license and ownership of such materials will remain with the license holder. • Any programming scripts used in the development and /or functionality of this website will be the property of the developer and used under appropriate license. • Where ever possible Interwave Travel Concepts will implement technology already purchased or licensed by the City of South Miami. The cost for this technology will be external to this quote. 6502 Breckenridge Way — Reno, NV 89523 — 1-800-AT-1 -WAVE (281 -9283) — www.waveconcepts.com -%; zIto, Page 2 of 4 • The implementation of PHP advanced page construction software will be installed by the City of South Miami on their Web Server prior to the start of development. • The City of South Miami will provide FTP (File Transfer Protocol) and will work with Interwave Travel Concepts to establish the proper DNS (Domain Name Services) mapping to facilitate a non - published development site to be used for testing and approval. Project Scope: It is our recommendation that the website be organized as follows: • About City of South Miami o City History o City Financial Information o City Map • City Officials' Offices • From the Mayor's Desk • Vice Mayor • Commissioners • City Manager • City Attorney's Office • City Clerk's Office • Public Information Office • Departments • South Miami Police • Building Department • Engineering- Construction Department • Finance Department • Human Resources • Planning - Zoning • EAR • Public Works and Engineering • Code Enforcement Division • Parks & Recreation • Purchasing (RFP Forms /Bid Invitations) • Forms • Forms download • Code Enforcement Appeal Forms • Parks o Maps /Hours o Special Use • Kids Zone • Public Schools • After School House • Links for Kids 6502 Breckenridge Way — Reno, NV 89523 — 1-800-AT-1-WAVE (281 -9283) _ www.waveconcepts.com _ tept3* Page 3 of 4 The existing search functionality can be integrated into the site using a call -out box. Additionally, it is our recommendation that an Opt -In form be added to the site to help build a mailing list of interested individuals that would wish to receive City information, notifications and announcements. Cost Estimate: • Site Design $4500.00 • Site Build out: creating site structure and section specific templates (based on the above list) $1500.00 • Animated branding images: (Flash) $1000.00 • Content Migration: converting existing (approved) content to the new site templates (based 12 month period for existing content) $3000.00 Total Site Development Cost $ 101000.00 • Site Maintenance: Based on estimated 20 pages per week (agendas and minutes) being added to the site plus additional monthly and quarterly special items (announcements, events, etc.) we estimate a need for 15 hours per month minimum to maintain this site plus administrative and file management costs. $850.00 /mo. • Quarterly Flash /Branding Updates $300.00 /qtr. 6502 Breckenridge Way — Reno, NV 89523 — 1-800-AT-1 -WAVE (281 -9283) — www.waveconcepts.com Development Schedule: Start + 30 days + 30 days +45 days +45 days + 75 days +80 days +90 days +95 days +100 days Page 4 of 4 Signing of Proposal City of South Miami gathers and approves all initial content to be included on the site Site Design Mockups provided for approval Approved Site mockup converted into section specific page templates City of South Miami installs and tests all necessary software programs (PHP) and establishes DNS entries and location for development site All initial approved content is formatted for new approved site layout and uploaded to development site Development site is reviews and edits compiled Edits made and pages reposted Final site review Final edits made development site migrated live to Internet *Note: for each day delay in providing required content, edits or approval will result in the addition of 3 additional days development time. Payment Schedule • Initial deposit of 30% due at signing of proposal • 30% due upon posting for initial approved content to development site Balance Due at site migration (hard launch) • Maintenance fee will be billed on the 15th of the month and will be due by the first of the following month. Maintenance will be provided on a month -to -month basis. Agreement CITY OF SOUTH MIAMI Name Title Signature Date GLOBAL WEB SOLUTIONS Name Title Signature Date 6502 Breckenridge Way _ Reno, NV 89523 — 1-800-AT-1-WAVE (281 -9283) — www.waveconcepts.com TrelTesWe6 WEBSITES & CONTENT + COMPUTER TRAINING + BUSINESS CONSULTING CITY OF SOUTH MIAMI WEBSITE PROJECT 6130 Sunset Drive, South Miami, FL 33143 Ms. Yvonne Soler- McKinley, City Manager Ms. Susan Rothstein, Assistant to City Manager Mr. Gremaf Reyes, MIS Director RICARDO TRELLES, MS PO Box 832539, Miami, FL 33283 Tel.: 305-279-3185 Iff infoRtrellesweb.com TIME TO BUILD ANEW WEBSITE With the advent of new technologies applied to everyday business, no company can or should live without a reasonably well - equipped website. Once a luxury, now a necessity, this is not just a matter of "we'd like to have one," but rather, "we need a functional website." When a company does business serving the public, as a city or municipality does, a large amount of information must be put forward for the target user to consume, so to speak. In a web environment, this information has to be available at all times through the organization's website. The City simply owes it to the taxpayers to fund and create a functional, user - friendly website that provides useful and meaningful information to the residents, visitors, business owners, and the public at large about its departments, services, rules and regulations, and other practical tips and valuable data. The time to build that functional, up -to -date website is now. And we can help. Trelles Web — City of South Miami Website — Page 3 BRIEF COST- BENEFIT ANALYSIS These days, even a 12 -year kid can design a nice website. Of course, a company's website is a project completely different in concept, platform, budget, and usability. The average professionally- designed 5 -page website may cost around $500, or an average of $100 per hour of specialized work by a professional designer with professional tools employed in the project. New technologies that allow for the use and re -use of existing code (programming languages used to code the view of the content in a browser), and increasing competition continue to affect the decrease in cost of simple websites. However, when you deal with a professional, large -scale website, the more pages you add the more complex the task of designing it the project becomes, let alone managing it effectively. Thus, a website like www.bestbuy.com is immensely, dramatically more complex to design, manage, update, and administer than something like www.attorney.com. The City's website is a web design project that includes a wide array of sophisticated views, layouts, graphics, menus, connectivity, content, and functionality, and therefore closer in magnitude and complexity to the former example. Designing a website like www.citvofsouthmiami.net (or www.cityofsouthmiami.gov), entails a substantial amount of technical code writing, web link creation and testing, and artistic touch to make the site look professional, likeable, user - friendly, clean, organized and functional to the average user. While many of the documents to be uploaded to the site have been written already, the tremendous disparity in formats, sizes, looks, and standards may increase the amount of hours needed to bring everything to conform to a uniform standard, i.e., help migrate the whole system to use .pdf (Adobe Acrobat), or .doc (Microsoft Word), or any other text editor document, and integrate all existing documents and pages with new ones so that the new website can have full functionality and a pleasant and professional look. In our preliminary study of the existing website, TrellesWeb found that the City has a hefty bulk of files that may be contained in about 1.5 GB to 2.0 GB of memory. This substantial amount of data must be reformatted and transferred, conforming to the uniformity issue we discussed above. As to how long this task alone may take, approximately 80 hours would be needed for transferring all the data and resetting it to conform to the new format. Additional tasks carry a separate cost, by individual block. Whatever the City (MIS Director) suggests is best will be the most likely path (course of action) to adopt, in consideration of the authority and priorities of the City and its principal officers and departments. Trelles Web — City of South Miami Website —Page 4 BRIEF COST- BENEFIT ANALYSIS (continued) Then, what does the city harvest from this deal? The benefit of a 215` Century website, with full functionality for its users, visitors, residents, business partners, and the public in general, as to the amount, timing, accuracy, and updated status of relevant information about the City, its departments and services. From Police and Waste Management advisories, to Tax information for the residents, your website will become a true guiding light. In addition, links to other pertinent municipal, county and federal government websites will provide vital advice for residents during hurricane season and emergencies. The adoption of a policy to provide abundant information on the website may ultimately contribute to alleviate unnecessary visits by residents or visitors to the City Hall for business or information that can actually be obtained through the website, at substantial savings to the City's budget. Finally, your site, the City's website, will not only have important information available to your users, but it will also be very easy to navigate, functional, elegant yet discrete and not overcrowded with clutter and confusion, and will display a design that's modern and in good taste. Trelles Web — City of South Miami Website —Page 5 PRICING FOR PROJECT DESIGN AND IMPLEMENTATION This pricing structure is used to allow the parties to agree on a project they both have now seen, and permit the services to be paid for in blocks or installments, so avoiding a situation in which the City would have to disburse a larger amount of money at once. This also facilitates for good communication and understanding, so that new changes and preferences can be jointly reviewed and readily implemented as the project is being executed. As explained during the initial presentation, the web design business is unresalable by nature, and therefore, the work is done only as commissioned by the interested party. Therefore, advance payment for such services is not only the industry standard —and required in this case too —but a wise way of doing business, for everyone's sake. The pricing table represents the cost of building a new website for the City of South Miami, Florida. Pricing is structured in blocks of 40 hours each, at a rate of $100 /hour. This rate may look excessive to the untrained eye, but when one speaks of web technology, important safeguards have to be put in place, from antivirus software to programming tools and related software, from the priceless expertise of professional web designer to the artistic touch that makes one individual website stand out from the rest while accomplishing a necessary business purpose, in this case, serving the people of South Miami. Generally speaking, web design work allotted in these blocks is completed within a month each, at no less than 10 hours per week, or 40 hours per block. The breakdown in blocks also facilitates an easier time - lapsed structure to help the given merchant cushion the cost of the web design project, at the same time that the service provider receives payment for agreed services that have been completed (delivered). These prices include the design and the management services, not hosting services. The City will host its new website through contracted space with an external hosting service. The City will launch the website from its own servers at the City Hall, using the files we provide, to be stored in the aforementioned servers. After payment of website design project, the City becomes the owner of the website, but not of the design. This means, we retain the right to use or reuse portions of our own design (colors, styles, lettering, shapes, graphics, layouts, etc.). In this contract, the City makes no representation as to ownership of the information contained in its website. TrellesWeb does not own and does not want to own the information contained in the website of the City of South Miami. The information used in the City's website is used hereafter with permission, explicit or implicit, of the City of South Miami. Trelles Web — City of South Miami Website —Page 6 PRICE AND TASK LIST The following is a list of tasks to complete, and their corresponding price: Block 1: Web design (initial online demo, front page creation, presentation) ....................... 5,000 Block 2: Migration, incorporation, reconciliation of data files (40 hours, period 1) .............. 4,000 Block 3: Migration, incorporation, reconciliation of data files (40 hours, period 2) ............. 4,000 Block 4: Web design (subsequent pages, 20 -30 +, Mayor's Office module) ............................. 4,000 Block 5: Web design (subsequent pages, 20 -30 +, Police Dept. module) .. ............................... 4,000 Block 6: Web design (subsequent pages, 20 -30 +, Departments module) . ............................... 4,000 Block 7: Web design (subsequent pages, 20 -30 +, Services module) ......... ............................... 4,000 Block 8: Web design (subsequent pages, 20 -30 +, final module integration) ........................... 4,000 Block 9: Maintenance, update and administration of website (recurrent monthly tasks) .... 4,000 Diverse tasks have to be accomplished at different stages. These tasks include among others the content writing, layout, pagination, customization, continuity, usability, and other technical duties. After completion of page design, an equivalent amount per block will be assessed for the maintenance, continuous testing of links, regular updates, modification, and creation (or re- creation) of pages as needed or requested by the principal officers, namely, the MIS Director. Communication channels are open to contact us for any immediate or urgent update, should the need arise. To the extent that URGENT means a reasonably prompt action to correct a problem in the website, or make an important addition (emergencies, official advisories, etc.), TrellesWeb remains ready to execute such change within a reasonable time window (2 -6 hours). In the event of hurricanes or other natural disasters that may impede the use of electric power, the ability to comply with this URGENT response may be seriously diminished and therefore a longer response time should be expected. To this end, good preparation on the part of the department managers and the parties providing the information to us may help provide for this type of advisory information to be posted in the website beforehand. Trelles Web — City of South Miami Website — Page 7 PAYMENT OF SERVICES The City of South Miami commits to fulfill a business contract with TrellesWeb for the creation and management of the official website of the City of South Miami, Florida, USA. When the parties have manifested (in writing or orally), mutual acceptance of the terms described herein, after the City's attorneys have reviewed the pertinent documentation, this proposal will become the business contract for the creation of the website for the City of South Miami. This contract will then have all legal validity in the jurisdiction of the City of South Miami, Florida, the county of Miami - Dade, the State of Florida, and the United States of America. The City will compensate TrellesWeb for services related to the creation of such website, as discussed in the initial presentation and as agreed herein. Payment is to be made by check, cash, money order, or letter of credit, with funds in US banks, as stipulated by federal law. If a banking transaction fee should be involuntarily incurred, the City of South Miami will cover for the cost of such fee. Payments can be sent to: TrellesWeb PO Box 832539, Miami, FL 33283 Thank you. Should you need to communicate via telephone, we can be reached at 305- 2793185. Alternatively, we can also be contacted via email, at infoCtrellesweb.com. TrellesWeb — City of South Miami Website — Page 8 WARRANTIES AND ASSURANCES The labor of designing a website entails substantial amounts of physical work (hands using a computer mouse, eye sight, physical concentration during continuous testing of website, etc.), and mental or intellectual effort. All this physical and mental effort is done to accomplish the task of designing a highly customized website, relevant to a specific person(s) or entity. While a customer of a brick - and - mortar store may return an item or merchandise if he /she is not satisfied with the quality of the product, and ask for a refund, in the world of web design, design work that has been completed already to customize a very detailed, highly individualized project can not be returned for a refund. In other words, the case of the pair of shoes that a customer returns unused for a refund does not apply to the web design business. Web design is by nature unresalable, and therefore no money back warranty applies here. It is important to read our Legal Disclaimer, displayed in our website, www.trellesweb.com. TrellesWeb will do every possible attempt to accommodate any request that refers to design and functionality of a specific item in the website, but it is affirmed herein, beforehand, that our services have no refund, due to the unresalable nature of our business. That is why payments have to be submitted in advance, before the work is done. This guarantees that both parties are happy with the commitment and that payments rendered cover for the services of design as the work is being completed. TrellesWeb — City of South Miami Website — Page 9 COMMITMENT TO EXCELLENCE We at TrellesWeb stand by our promise of providing our customers with a service that provides full satisfaction and fairness and excellence in treating all with respect and professionalism. We welcome your comments and feedback —it can only make us better —and we strive to improve our product and services to exceed our customer's expectation. It is important to emphasize the fact that even during the design of the new website, a process of integration will take place, according to which every document viewable today on the current website will still be viewable, even as the look of the site changes, even as the new pages with the new design come aboard. This guarantees continuity of service (regular business) to the people of South Miami visiting the website, and our devoted commitment to: • uphold this continuity by not interrupting the daily business of the existing /new website • create a fully functional, modern, professional and magnificent website for the City of South Miami On behalf of Professor Trelles and associates, thank you for your business. TrellesWeb — City of South Miami Website — Page 10 South Miami AIMMIUM CITY OF SOUTH MIAMI t ' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager Z4 From: Randy Wiscombe, Vice Mayor 1 Agenda Item: Date: July 25, 2006 A g Subject: Operational review and performance -based audit Request: A RESOLUTION OF THE' MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING ADMINISTRATION TO INTITATE A REQUEST FOR QUALIFICATIONS AUTHORIZING THE ISSUANCE OF AN RFQ FOR PROFESSIONAL ACCOUNTING AND OPERATIONAL REVIEW AND PERFORMANCE MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Reason/Need: The attached resolution is a request to allow the administration to initiate a request for qualifications (RFQ) to hire a qualified management consulting firm to conduct a review of selected departments, divisions and/or policies to ensure continued compliance with federal, state, county laws, and the City's Charter as well as enhancing efficiency and effectiveness of City operations. The City Charter, Article IV, Finance, Section 4- requires a performance -based audit for each department at least once every five years. Backup Documentation: Copy of the City Charter Article IV, Finance, Section 4. F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING A FINANCIAL MANAGEMENT CONSULTING FIRM; DIRECTING ADMINISTRATION TO INITIATE A REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ACCOUNTING AND OPERATIONAL REVIEW AND PERFORMANCE MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire, in good faith, to conduct an operational review as well as a performance -based audit, as required by the Charter to confirm and ensure the current and future financial condition of the City; and, WHEREAS, it is in the best interest of the City to periodically hire a qualified management consulting firm to conduct a review of selected departments, divisions and/or policies in order to ensure continued compliance with federal, state, county and municipal laws, and more specifically, ensure compliance with the City's charter; and, WHEREAS, it is in the best interest of the City to review its processes in order to confirm and guarantee that there has not been misconduct or misfeasance in conducting financial operations; and, WHEREAS, the City staff was instructed to prepare a request for qualifications (RFQ) for management consulting services, which is attached hereto; and, WHEREAS, the firm selected to perform the audit shall report to the city commission as to areas of City operation in need of enhanced efficiency and effectiveness. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section 1. The administration is hereby authorized and instructed to initiate a request For Qualifications for qualified management consulting services in substantially the same form attached hereto. Section 2. That the administration is further instructed to advertise for sealed bids for qualified management consulting services and to submit the bids received to the City Commission for acceptance or rejection. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of July, 2006. SIGNATURES ON FOLLOWING PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Luis Figueredo, City Attorney Commissioner Birts: Commissioner Beckman: C: (Documents and SettingsMothsteinlMy Documents lReso-OrdlResolution Audit 2006.DOC Fa REQUEST FOR QUALIFICATIONS FOR AN OPERATIONAL REVIEW/PERFOMANCE BASED AUDIT I. INTRODUCTION The City of South Miami is requesting sealed proposals from qualified financial management consulting firm to provide operational review analysis /performance based audit services. Request for Qualification documents may be obtained at the City Clerk's office, City of South Miami for a non - refundable fee of $50.00. There is no expressed or implied obligation for the City of South Miami to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, one original and nine (9) copies of a sealed proposal and a copy on a CD shall be delivered to the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 prior to the closing time of P.M. on The delivery of proposals to the City of South Miami prior to the specified date and time, is solely and strictly the responsibility of the proposing firm. The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for other delays. All responses must be manually and duly signed by an authorized corporate officer, principal, or partner with the authority to bind said firm. All responses must be marked on the outside: "Qualification Proposal to Provide Services for the City of South Miami, Florida" Late submission shall not be accepted by the City Clerk. The city reserves the right to reject any or all proposals, or any part of any proposals, to waive any informality, and to make an award that is in the best interest of the City of South Miami. The City reserves the right to issue addenda to this RFQ which addenda may extend the RFQ Schedule. The City shall provide all applicants with notice of all addenda changes. The City of South Miami is an Equal Opportunity Employer and encourages the participation of minority vendors. CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICITATION 1 II. NATURE OF SERVICES REQUIRED A. Scope of Services The operational review analysis /performance based audit evaluation should be conducted in accordance with the applicable guidance of GASB and Yellow Book requirements. The procedures will include an operational risk assessment to identify areas deemed to be viable candidates for performance improvement. If the risk assessment procedures and related tests indicate vulnerability of a particular area, the selected firm, and all /or areas specifically identified by the City, may be subject to additional detail test work to enhance the safeguarding of assets of the CSM. Such test work shall be agreed to by the firm and the City via written agreed upon procedures prior to initiation of work on each area. In addition, the selected firm should provide an analysis of the current and past fiscal year revenues, costs and expenses. This analysis should be performed with the intent of verifying that all procedures that impact City services have been followed without any deviation from City policies. One area review will include, but not necessarily be limited to, is an evaluation of the control systems for procedures for procuring and paying for goods and services. B. Deliverables The consulting firm will be available to provide an oral briefing to the City Mayor and Commission when agreed upon. The Consultant will deliver a concisely written report to the Mayor and City Commission that clearly details results of review and/or procedures performed to include: 1. Recommendations regarding any additional assessment work that may be needed to determine the impact (magnitude and duration) of any high risk areas. Specific information in support for the recommendations should be provided as well as a clearly defined strategy for executing the additional analysis examination work recommended. Provide detailed cost estimates for further testing to determine if such vulnerabilities may have been exploited; 2. Any other recommendations arising from the consultant's work, . such as recommendations to eliminate or minimize weaknesses or practices which might lead to unintentional errors or waste; 3. An analysis of the City's revenues, costs and expenses for the current and past fiscal years determined by the City Commission with the objective of assisting with recommendations of controlling or reducing costs and expenses, without adverse impact on City services. K III. DESCRIPTION OF GOVERNMENT A. City Contact The consulting firm's contract with the City of South Miami during the proposal process will be in written format to the City Clerk's office by e -mail, fax, or US mail. During the audit Adriana Hussein, Finance Director, will be the principal contact. The proposing firm may not solicit, lobby, or contact any member of the City Commission or Selection Committee if chosen, from the time the RFQ is issued until final ratification of the contract by the City of South Miami with the exception of any City requested oral presentations and the negotiation process. Violation of this provision will be grounds for disqualification of the proposing firm. B. Background Information The City of South Miami is a municipal form of government located in Miami Dade County. The Commission consists of a Mayor, Vice Mayor and three Commissioners. The Commission appoints a City Manager who serves at the pleasure of the Commission. The City of South Miami serves an area of approximately 2.3 square miles with a population of approximately 11,000 residents. The City's fiscal year begins October 1 and ends September 30th of every year. The City Commission is very concerned about the nature and magnitude of any possible frauds and wishes to fulfill its fiduciary responsibilities by carrying out a cost - effective comprehensive assessment of areas deemed vulnerable to fraud, waste and/or abuse. Commencement and completion of the examination in a timely manner is of the greatest importance to the City Commission. C. Availability of Prior Reports During the RFQ process, all interested Proposers who wish to review prior years' Comprehensive Annual Financial Reports and management letters, should be requested via writing, email or US Mail through the City Clerks office at 305- 663 -6340 or mmendezgcityofsouthmiami.net. IV. PROPOSAL REQUIREMENTS The following material should be submitted for a proposed firm to be considered: One marked original and nine (9) photocopies and CD of the qualification proposal to include the following: Provide responses to the following requests. The responses should be numbered to correspond with each request. 1. Indicate the number of people (by level) located within the engagement office that will handle the engagement, the organization of the review team, and the approximate percentage of time spent on the analysis by each member. 2. Provide a list of the engagement office's current and prior government and operational review and/or audit clients, indicating the type(s) of services performed, and the number of years served for each. 3. Indicate the experience of the engagement office and team in providing additional services to government clients, in particular experience in performing audit examinations and performance based audits and/or reviews accounting, by listing the name of each government, the type(s) of service performed, and the year(s) of engagement. 4. Describe your organization's participation in comparable quality control programs. 5. Describe the professional experience in governmental audits of each senior and higher level person assigned to the audit, the years on each job, and his/her position while on each audit. Indicate the percentages of time each senior and higher -level person will be on site. 6. Describe the relevant educational background of each person assigned to the examination, senior level or higher. This should include continuing professional education, seminars, and courses attended within the past three years. Governmental accounting, auditing, and financial reporting courses should be cited. 7. Describe the professional experience of assigned individuals in examining relevant government or similar organizations, programs, activities, or functions. 8. Identify any potential types of conflicts of interest (fact or appearance) with the City of South Miami or any other party associated with this special audit engagement. 9. Is the firm adequately insured to cover claims? Describe liability insurance coverage arrangements. 10. Describe any regulatory action taken by any oversight body against the proposing audit organization, local office, or individual of the engagement team. 2 11. Describe assistance expected from the city staff. 12. Provide a straightforward, concise description of the proposer's capability to satisfy the requirements of the RFQ. 13. Independence The firm should provide an affirmative statement that it is independent of the City of South Miami as defined by the U.S. General Accounting Office's Government Auditing Standards. 14. License to Practice in Florida An affirmative statement should be included indicating that the firm and all assigned key professional staff are properly registered and licensed to practice in the State of Florida or any U.S. territory. Copies of Licenses should be included. 15. Past Performance and Complaints The Proposer shall provide a list of lawsuits taken against him/her as a result of contractual services within the past three (3) years regardless of lawsuit(s) outcome. 16. Termination Any contract resulting from this Request For Qualification or a response thereto may be cancelled by the Successful Proposer upon ninety (90) days prior written notice to the City's representative in the event of substantial failure by the City to perform in accordance with this Contract through no fault of the proposer, however, if the City has cured the complaint within the ninety (90) day period, the proposer shall loose the right to terminate this agreement. During the contract period, the Finance Director shall assess the auditor's performance. In the . event of a breach of the contract by the auditor or unsatisfactory performance as assessed by the Finance Director, in her or his sole discretion, or if the auditor performs in a manner which precludes the City from administering its function in an effective or efficient manner, and if after thirty (30) days following written notice hereof, the auditor has been unable to remedy such breach, or provide a satisfactory performance level, then the City shall, upon written notice to the auditor, be authorized to cancel the contract, thereafter reserving the right to proceed against the auditor for breach. Unless the Successful Proposer is in breach of this Contract, the Successful Proposer shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Successful Proposer shall: A. Stop work on the date to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other materials related to the terminated work to the City. D. Continue and complete all parts of the work that have not been terminated. 5 E. In the event that the Successful Proposer defaults on the Contract or the Contract is terminated by the City for cause due to performance, the City reserves the right to obtain the materials or services from the next Successful Proposer of its choice or other source during the remaining term of the Contract. Under this arrangement the City will charge and bill the Successful Proposer any excess cost occasioned or incurred thereby. 17. Adjustments /Changes/Deviations No adjustments, changes, or deviations shall be accepted on any item unless conditions or specifications of a proposal expressly so provide. All adjustments, changes or deviations shall require prior written approval, and shall be binding only if issued through the Finance Department. 18. Annual Appropriation Any contract resulting from a Request for Qualification or a response thereto is conditional upon the City of South Miami having funding to implement the Contract. 19. Contractual Agreement The terms, conditions, and provisions in this Request for Qualifications shall be included and incorporated in any final Contract. The venue of any legal action resulting from this proposal and any subsequent Contract shall be Miami Dade County, Florida. 20. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 21. Completion of all Attachments, A -D P ATTACHMENT `A' NON - C O L L L TS I O N A F FI D A VI T State of )ss. County of being first duly sworn, deposed and says that: (Authorized Agent) (1) He /She is the (Owner, Partner, Officer, Representative or Agent) of (Institution name) , the proposer that has submitted the attached proposal; (2) He /She is fully informed regarding the preparation and contents of the attached proposal along with all pertinent circumstances regarding such proposal; (3) Such proposal is genuine and is not a collusive or sham proposal; (4) Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer(s), firm or person to submit a collusive or sham proposal in connection with the work for which the attached proposal has been submitted; or to refrain from bidding in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached proposal or of any other proposer(s), or to fix any overhead, profit, or cost elements of the proposal price or the proposal price of any other proposer(s), or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against another proposer(s), or any person interested in the proposed work; (S) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy connivance, or unlawful agreement on the part of the proposer or any other of its agents, representative, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of Witness Witness Date Signature Printed Name Date 7 ATTACHMENT `B' NON -COLL USIONAFFIDAVIT ACKNOWLEDGMENT State of ) )ss. County of BEFORE ME, the undersigned authority, personally appeared (name) to me and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that (name) executed said Affidavit for the purpose therein expressed. WITNESS my hand and official seal this day of Type ( ) Personally Known to me or ( ) Produced Identification 200_. NOTARY PUBLIC, State of Florida at Large Signature of Notary Public: Also Print, Stamp or include Commission number and expiration date if not included in the Stamp. Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 8 ATTACHMENT `C' CERTIFICATION The undersigned declares to have specific and legal authorization to obligate its institution to the terms of this Proposal and hereby agrees to furnish the items(s) /services(s) described in the Request for Proposal. I(We) have read the entire document, including the General Information, General Terms and Conditions, and Scope of Work. The undersigned agrees to comply with all of the requirements of the entire Request for Proposal exclusive of those indicated in Attachment "A" Variations section. Indicate proposer's type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ IF OTHER, EXPLAIN: Audit Firm Authorized Signature Address Typed/Printed Name City State ZIP Title Telephone Number Federal Tax ID Fax Number 01 ATTACHMENT `D' VENDOR/BIDDER DISCLOSURE I, , being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the City of South Miami ( "City ") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and Date of Incorporation OWNERSHIP DISCLOSURE AFFIDAVIT 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Names, Addresses, and Titles of Individual Who Will Lobby: Full Legal Name Address Ownership 10 2. The full legal names and business addresses of any other individual (other than subcontractors, material men, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address By: Signature of Affiant Print Name Date: SUBSCRIBED AND SWORN TO or affirmed before me this day of 200_, by , he /she is personally known to me or has presented as identification. Notary Public, State of Florida at Large Print or Stamp of Notary Serial Number My Commission Expires: 11 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 17, 2006 From: Luis R. Figueredo, Re: City Manager Contract Nagin Gallop & Figueredo, P.A. Office of City Attorney SUBJECT: The draft city manager employment contract for Ms.Yvonne Soler - McKinley. DISCUSSION: This contract creates an Employment Agreement between the City Manager and the City of South Miami for an initial term of three years. It provides that the City Manager will devote substantial time to the affairs of the City. This memorandum provides an overview of the draft Employment Contract negotiated by my office and Ms. McKinley. The draft agreement was transmitted to each of you for your review and comment on July 7, 2006. Section 1 of the contract provides a three (3) year term, and is consistent with the term typically given to a city manager. Section 2 of the contract provides that the city manager shall serve at the pleasure of the City Commission and that the City Commission may terminate the services of the city manager at any time. This is consistent with the "at -will" provision of the City Charter. Section 3 outlines the responsibilities of the city manager. Section 4 outlines the duties and responsibilities of the City under -the contract, and includes a non- interference clause which implements the Charter requirement to ensure the city manager has the ability to manage the operations of the city. Section 4.3 provides for annual performance reviews of the city manager by the City Commission Section 5 specifies an annual salary of $140,000. Section 5.2 outlines the additional benefits to be provided to the manager. The benefits provided are consistent with the benefits available to unclassified City employees. Section 5 -3.2 delineates the provisions of a hold harmless and. indemnification provision, in which the City agrees to defend the city manager should she be sued for acts arising out of the performance of her duties. The agreement does not indemnify the manager for dishonesty, bad faith, wanton or willful disregard of human rights, safety or property. City Manager Contract Memorandum July 17, 2006 Page 2 of 2 Section 5 -3.3 provides that the manager shall furnish a "surety bond." Sections 6.3 and 6.4 specifies the terms under which the city manager may be terminated for convenience. She would be provided a severance package of,three (3) months base salary. In addition, for each year of employment completed, the city manager would be entitled to one additional month's pay. The maximum severance payment would be six (6) months. If the City Manager is terminated for cause she shall not be entitled to receive any severance compensation. RECOMMENDATION: Approve the ordinance accepting the Contract. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF SOUTH MIAMI AND THE CITY MANAGER; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami following a comprehensive search selected Yvonne McKinley to serve as City Manager; and WHEREAS, the City Attorney and Ms. McKinley have successfully negotiated a proposed employment contract, which is attached to this ordinance as app. l; and WHEREAS, the Mayor and City Commission desire to approve this contract NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The employment contract between the City of South Miami and Yvonne McKinley which is attached to this ordinance is approved. The City Manager is authorized to exercise this contract on behalf of the City. Section 2. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this ATTEST: CITY CLERK day of July, 2006. READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney W199,To�ijH MAYOR Is' Reading — 2 °d Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by evef tfi g. EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND WONNE SOLER - MCKINLEY This Agreement is made and entered into this day of July, 2006, by and between the City of South Miami (hereinafter, "City ") and Ms. Yvonne Soler- McKinley (hereinafter, "City Manager "), which hereafter may be individually referred to as a "Parry" or be collectively referred to as "Parties ". In consideration of the promises, mutual covenants, conditions, provisions and undertakings contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, the Parties covenant and agree with each other as follows: 1. APPOINTMENT AS CITY MANAGER 1.1. The City, pursuant to art. III, sec. 1 of the City Charter and acting through its Board of City Commissioners ( "Commission "), have by City Resolution 91 -06 -12232 elected to employ Ms. Yvonne Soler - McKinley as its City Manager. 1.2. Ms. Soler - McKinley, upon approval of the terms of this Agreement by the Commission, agrees to serve as the City Manager of the City of South Miami in accordance with the terms and conditions of this Agreement. 2. TERMS OF EMPLOYMENT 2.1. The City Manager, pursuant to art. II, sec TA of the City Charter, serves at the pleasure of the Commission, which is empowered to terminate the services of the City Manager at any time in accordance with the provisions of this Agreement. 2.2. This Agreement shall continue in force for a period of three years from the effective date. 2.3. This Agreement may be renewed for additional one -year terms. Employment Agreement — City Manager Page 1 of 10 2.4. This Employment Agreement neither alters the nature of the employment from an "at -will" employment nor creates a property right to employment under the laws of the State of Florida. 3. DUTIES AND REPSONSIBILITIES OF THE CITY MANAGER 3.1. The City Manager, as the Chief Administrative Officer of the City, shall be responsible for the administration of all City affairs, for carrying out policies adopted by the Commission, and for implementing the City budget and programs as directed by the Commission. 3.2. The City Manager shall report and be accountable only to the Commission. 3.3. The City Manager shall perform those duties prescribed by art. III, sec. 5 and other relevant provisions of the City Charter; prescribed by law or inter -local agreement, and as directed by the Commission. 3.4. The City Manager shall be solely responsible for hiring and terminating City employees, subject to limitations imposed by budget authorizations, funding availability or policy direction by the Commission. 3.5. The City Manager shall devote her time and interests to the City's affairs at whatever time of day or day of week reasonably required or scheduled by the City Manager, subject to a minimum average of forty (40) hours per week. 3.6. The City Manager may engage in other professional endeavors unrelated to City business or affairs, provided that such endeavors; (i) are approved by the Commission upon request and disclosure by the City Manager of the nature of the endeavor, its duration and the estimated time requirements and schedule commitments, and (ii) do not violate the prohibition against dual office holding: and (iii) do not create the reality or appearance of a conflict of interest; and (iv) do not materially detract from the time or schedule to accomplish the City Manager's duties and objectives. 3.7. The City Manager warrants that: Employment Agreement — City Manager Page 2 of 10 3.7. 1. She does not now have, and that she will not knowingly enter into, any contract or relationship with another person or entity that creates a conflict of interest, as that term is described in sec. 2 -11.1 of the Code of Miami -Dade County and the City's Conflict of Interest and Ethics Codes, 3.7.2. She has not paid or agreed to pay any person any consideration for the procurement of this Agreement, 3.7.3. She will uphold the State, County and City ethics codes and the Florida Public Meeting and Public Records laws (Sunshine Laws), and 3.7.4. In the event she has any concerns or reservations about any pending actions as they may relate to the above topics, will seek legal advice form the City Attorney and/or direction from the Commission. 4. DUTIES AND RESPONSIBILITIES OF THE CITY 4.1. To the extent practical, the Commission members shall address their concerns regarding the financial condition, operations, personnel and other City matters directly to the City Manager, who shall address those matters with the pertinent City staff, consultants, contractors and advisors for response to the Commission. 4.2. Any Commission member, acting alone and without authorization of the Commission, shall not direct the City Manager to enter into or terminate any contract, to grant or withhold funds to any person, or to instruct any person under the City Manager's authority to take or refrain from taking any specific action. 4.3. To the extent practical, Commission members shall address their concerns regarding the financial condition, operations, personnel and other city matters directly to the city manager and the city manager shall address those matters with the city staff, consultants, contractors and advisors. Individual members of the City Commission shall not, acting alone and without authorization of the city commission, direct the city manager to enter into or terminate any contract, to grant or withhold funds to any person, nor instruct any city personnel under the city manager's control to take or refrain from taking any action. This paragraph shall not be applied to limit the non - interference provisions of art. VI, sec. 7 of the City Charter. Employment Agreement — City Manager Page 3 of 10 4.4 The Commission shall review the performance of the City Manager annually, on or before each anniversary of this Agreement, and in accordance with established criteria for the annual performance reviews for the City Manager. 4.5 The Commission may grant the City Manager an annual merit salary increase on or before each anniversary of this Agreement in an amount determined by the Commission, having considered such factors as job performance, experience, length of employment, satisfaction of objectives, responsiveness or other factors as the Commission may deem to be important. 4.6 The Commission, for unforeseen fiscal adversity, may elect to either temporarily or permanently reduce the salary and/or benefit payments to City employees. In the event the Commission reduces the salary or other benefits of the City Manager in a greater percentage than an equivalent "across- the - board" reduction of salary or benefits of all full -time City employees, or in the event the City refuses to comply with any other substantive provision of this Agreement, the City, upon notification by the City Manager within fifteen (15) days of such action, shall have forty -five (45) days from such notice within which to cure the violation. If the violation is not cured within the forty -five (45) day period, the City Manager may consider the violation to be a constructive termination "for convenience ", in which case the associated severance provisions, as described herein, shall be effective as of the day the violation occurred and pursuant to the salary, benefits or other conditions in effect immediately before the violation. 5. SALARY AND BENEFITS 5.1. Salary 5.1.1. The City Manager shall initially receive an annual base salary of $140,000, commencing with the effective date of this Agreement and paid in the same frequency and proportion as that of other salaried City employees and subject to the same legally required deductions. 5.1.2. The City Manager shall be entitled to and receive the same annual cost -of- living adjustment (COLA) as may be granted to other City administrative employees. The City Manager's role, if any, in negotiating such an adjustment with Employment Agreement — City Manager Page 4 of 10 recognized collective bargaining organizations shall not be considered a conflict of interest. 5.2. Benefits 5.2.1. The City Manager shall be credited with eighteen (18) days of personal leave time at the commencement of the Agreement and shall accrue the equivalent of 1.5 days of "leave time" and 1.0 days of "sick time" per month of employment thereafter. 5.2.2. The City Manager shall be entitled to all paid holidays customarily granted to all City employees. 5.2.3. All comprehensive medical, dental, vision, disability and other health and wellness insurance options shall be available to the City Manager in the same plans, terms and conditions as available to other unclassified City employees. The City shall also provide the City Manager, at the City's expense, a comprehensive annual physical examination and life insurance coverage in an amount equal to the City Manager's annual base salary. 5.2.4. The City shall contribute to a deferred compensation plan selected by the City Manager an amount equal to fifteen percent (15 %) of the City Manager's annual base salary. Such contributions shall occur on a pro -rated basis per City pay period. 5.2.5. The City shall provide the City Manager with a monthly expense allowance equal to the allowance provided to a member of the City Commission and a vehicle and gasoline allowance of $500 and $100 per month, respectively. The gasoline allowance shall be escalated by ten percent (10 %) annually on the anniversary date of this Agreement. In lieu of the gasoline allowance, the City may authorize the City Manager to use gasoline dispensed from the City's fueling facility up to the equivalent value. 5.3. Equipment 5.3.1. The City shall provide or provide for all equipment, material and devices necessary or desired to efficiently and effectively carry out the City Manager's duties to the City's benefit, including, but not limited to: a cellular phone, personal digital assistant, radio, pager, hard hat, reflective vest, emergency equipment, etc. Any equipment, material and devices so provided shall remain the property of the City and Employment Agreement — City Manager Page 5 of 10 shall be either returned to the City or have the financial responsibility for it assumed by the City Manager upon termination or expiration of this Agreement. 5.3.2 The City shall indemnify, defend and hold harmless the City Manager against ay tort, professional liability claim or demand or any other legal action arising of an alleged act or omission occurring from the performance of the City Manager's duties. The City will litigate, compromise or settle any such claim, demand or legal action and pay the amount of any settlement or judgment rendered thereon. Additionally, the City, or its insurer, will provide suitable legal representation for the City Manager for any and all proceedings, mediations, arbitrations, law suits or appeals related to or arising out of the City Manager's affiliation with the City. The City shall be under no obligation to indemnify and hold harmless the City Manager where she is found to have acted dishonestly, in bad faith or in a manner exhibiting wanton and willful disregard of human rights, safety or property. This entire indemnification provision shall survive the termination or expiration of this Agreement 5.3.3 The City Manager shall furnish a surety bond to be approved by the Commission, as required under art. VI, sec. 2 of the charter, in such amount as may be determined by the Commission. The City shall be responsible for payment of the premium of this bond. The City Manager shall secure a surety bond, upon approval of the Commission, within 30 days of the effective date of this agreement. 5.3.4 The City shall pay registration, travel and per diem expenses, as authorized by law, for the City Manager's attendance and representation of the City at the International County Managers Association, the Florida City /County Management Association and the Florida League of Cities annual conferences, and any other related conferences, meetings, conventions or seminars the Commission may direct or authorize the City Manager to attend. 5.3.5 The City shall reimburse the City Manager for pertinent, reasonable and customary professional society or association dues, subscriptions, training or other costs related to the continued professional growth and recognition of the City Manager, and as may be represented in the City's annual budget. Employment Agreement — City Manager Page 6 of 10 6. TERMINATION 6.1. The City may terminate this Agreement with or without cause in accordance with art. III, sec 3 of the City Charter, subject only to the severance provisions set forth in this Agreement. 6.2. The term "for cause" shall be defined to mean (1) breach of any material term or condition of this agreement; (2) conviction of a felony during the term of this agreement; (3) misconduct in office; (4) gross insubordination and, or willful neglect of duty; or (5) a knowing or intentional violation of the Florida or Miami -Dade County conflict of interest and code of ethics laws. A "for cause" termination decision may be reviewed by the circuit court in an original action or a de novo review proceeding. 6.3 In the event that the Commission terminates this Agreement "for cause', the City shall not be obligated to pay and the City Manager shall not be entitled to receive any severance compensation other than the cash value of accrued but unused leave time or sick time, and any salary and other benefits earned up to the effective date of the termination, unless the amounts for accrued leave and sick time are used as a set off for any amounts owed by the City Manager to the City. The payment for unused leave or sick time shall be made within fifteen (15) days of the effective date of the termination. 6. In the event that the Commission terminates this Agreement "for convenience" during the first year of the Agreement term, the City shall pay the City Manager a lump sum cash payment equal to the City Manager's base salary for three (3) months as a severance benefit. The severance benefit basis shall increase by one month for each additional year, or portion thereof, of employment under this Agreement, subject to a maximum benefit limit of six (6) months of base salary, at the time of termination. The severance benefit shall be paid within fifteen (15) days of the effective date of the termination. In addition to the severance benefit, the City shall continue to provide all insurance benefits from the effective date of the termination for a period equal in time to the basis of the severance benefit. The City shall not be obligated to pay for any other allowances or benefits after the effective date of termination and shall not be financially obligated to the City Manager thereafter, except as may be required by the indemnity provision herein. Employment Agreement — City Manager Page 7 of 10 6.4 The City Manager may terminate this Agreement through an act of resignation by providing the Commission with at least thirty (30) days prior written notice. In the event that at least thirty (30) days prior written notice is provided, the City Manager shall be entitled to full pay and benefits until the effective date of the resignation, at which time the City will be obligated to pay only the cash value of accrued but unused leave or sick time on the effective date and all insurance benefits for an additional thirty (30) days. In the event that the City Manager terminates this Agreement through an act of resignation with less than thirty (30) days advance written notice, the severance provisions of a termination "for cause" shall apply unless the Commission elects otherwise. 7. RETURN OF PROPERTY 7.1 Upon termination of this agreement, the City Manager shall immediately return all City property in her possession or control, including but not limited to, keys, computers, cell phone, pagers, vehicle, documents and any other property of the City. 8. OTHER TERMS AND CONDITIONS 8.1 Dispute Resolution. Any claim or dispute arising out of or related to this Agreement shall be subject to informal mediation as a condition precedent to the initiation of legal or equitable proceedings by either party. Mediation shall be deemed complete upon either an executed written settlement of the claim or dispute or the expiration of forty -five (45) days from the date either party serves the other with a written request for mediation and the other party has not responded. The parties shall share equally the mediator's fee and any filing fees. Mediation shall be held in Miami -Dade County, Florida and settlements or other agreements reached in mediation shall be enforceable as settlement agreements in the Circuit Court for the 11th Judicial Circuit of the State of Florida. 8.2 Waiver of a Jury Trial. Both parties hereby waive any right to arbitration and to jury trial. 8.3 Venue. Any legal or administrative action arising under this Agreement, including an action to enforce the Agreement, shall be brought in state court in Miami- Dade County, Florida and administered and be governed by Florida law. Employment Agreement — City Manager Page 8 of 10 8.4 Construction. In the event a court of competent jurisdiction must interpret any word or provision of this Agreement, the word or provision shall not be construed against either parry by reason of drafting or negotiating this Agreement. 8.5 Notice. Any notice required or provided for in this Agreement shall be given to the parties at the addresses provided in the execution of this Agreement. 8.6 Severability. In the event any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, the declaration shall not affect the validity of the Agreement as a whole or any part of the Agreement other than the part declared to be invalid. 8.7 Non - Waiver. The waiver by either party of a breach of any provision herein by the other shall not operate or be construed as a waiver of any subsequent breach by that party. 8.8 Sovereign Immunity. The City does not waive its sovereign immunity for any claim arising under, or related to, this agreement other than for breach of contract. The City shall not be liable to pay for damages, other than amounts due under this agreement, in the event it is adjudicated to be liable for breach of contract, or otherwise permitted by law. Notwithstanding this limited waiver of sovereign immunity, the City does not waive its immunity from, and shall not pay awards for prejudgment interest and/or attorney's fees. 8.9 Policy. The Commission shall fix any other terms and conditions of employment it may determine from time to time to be necessary and in the City's best interest relating to the performance of the City Manager, provided that such terms and conditions are compatible with the provisions of this agreement, Florida Statutes and any other law, and are agreed to in writing by the City Manager. 8.10 Effective Date. The Effective Date of this Agreement shall be the date of approval by Resolution of the Commission; Resolution No. 91 -06- 12232. Employment Agreement — City Manager Page 9 of 10 ATTEST: Maria Menendez, City Clerk APPROVED AS TO FORM: Luis R. Figueredo, City Attorney Employment Agreement — City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Horace G. Feliu Mayor YVONNE SOLER- MCKINLEY 10765 Southwest 133rd Terrace Miami, Florida 33176 Page 10 of 10