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09-05-06CITY COMMISSION AGENDA City Commission Meeting Meeting date: September 5, 2006 Next Special Meeting date: September 12, 2006 (1st Budget Hearing) Next Regular Meeting Date: September 19, 2006 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340 Timer 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. (NONE) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of August 1, 2006 REGULAR CITY COMMISSION 1 AGENDA - SEPTEMBER 5, 2006 2. City Manager's Report a) Report on the Status of Concurrency Fees owed to the City b) Update on Banners installed Downtown c) Scheduling date for pension workshop 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 AMENDING THE CITY OF SOUTH MIAMI POLICE OFFICERS' RETIREMENT TRUST FUND, PROVIDING FOR REDUCTION IN NUMBER OF TRUSTEES ON THE BOARD OF TRUSTEES FROM SEVEN (7) TO FIVE (5) BY REMOVING THE MANDATORY MEMBERSHIP OF CERTAIN NAMED OFFICALS; PROVIDING CLARIFICATION OF ELECTION AND APPOINTMENT PROCEDURES FOR TRUSTEES; PROVIDING FOR CLARIFICATION OF BOARD'S INVESTMENT AUTHORITY; PROVIDING FOR REMOVAL OF A NAMED ADMINISTRATOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) CONSENT 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CHURCH STREET IMPROVEMENTS - PHASE III CONSTRUCTION IN AN AMOUNT OF $243,172.23 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT NUMBER 106-1724-541- 3454 AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT WITH ACCOUNT NUMBER 106 - 1712 - 536 -6437; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE FOR CHURCH ST IMPROVEMENTS IN AN AMT OF REGULAR CITY COMMISSION 2 AGENDA - SEPTEMBER 5, 2006 $243,172.23 TO BE CHARGED TO (OCED) AND SO FLA WATER MANAGEMENT DISTRICT GRANT ACCT W /CURRENT BAL$170,730 & $23,800) (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. (SFRC &D) FOR PROFESSIONAL ENGINEERING SERVICES, TO INCLUDE, REVIEW OF EXISTING TOPOGRAFICAL SURVEY, ENGINEERING DESIGN, PREPARATION OF CONSTRUCTION PLANS, DESIGN PERMITTING, BIDDING AND CONSTRUCTION PHASE MANAGEMENT SERVICES FOR THE BROAD CANAL SHORELINE STABILIZATION PROJECT (MRCS FUNDING AGREEMENT NUMBER 69- 4209- 6- 1667), IN AN AMOUNT OF $86,233 TO BE CHARGED TO NRCS DISASTER RELIEF FUNDING ACCOUNT NUMBERS 106 -1713- 536 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SO FLA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL FOR PROFESSIONAL ENGINEERING SERVICES IN AN AMT OF $86,233 TO BE CHARGED TO NRCS DISASTER RELIEF FUNDING ACCTS W /CURRENT BAL$600,000) (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SUPERIOR LANDSCAPING & LAWN SERVICES, INC. FOR THE LANDSCAPING OF MEDIAN ALONG SW 57TH AVENUE IN AN AMOUNT OF $8,630 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SUPERIOR LANDSCAPING & LAWN SERVICES FOR THE LANDSCAPING OF MEDIAN ALONG SW 57TH AVENUE IN AN AMOUNT OF $8,630 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCT W /CURRENT BAL$32,972) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE SERVICE WORK ORDER TO ENVIROWASTE SERVICES GROUP, INC. FOR STORM DRAIN SYSTEM CLEANING IN AN AMOUNT OF $10,000.00 TO BE CHARGED TO STORMWATER TRUST FUND ACCOUNT NO. 111- 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO ENVIROWASTE SERVICES GROUP FOR STORM DRAIN SYSTEM CLEANING IN AN AMOUNT OF $10,000.00 TO BE CHARGED TO STORMWATER TRUST FUND ACCT W /CURRENT BAL$10,000) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COMMISSION 3 AGENDA - SEPTEMBER 5, 2006 MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TRANSFER OF SUNSET DRIVE FROM US -1 TO SW 69TH AVENUE (WESTERLY CITY LIMIT); PROVIDING FOR AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT WITH FLORIDA DEPT OF TRANSPORTATION FOR THE TRANSFER OF SUNSET DR FROM US -1 TO SW (59TH AVE) 3/5 (City Manager) 10. A RESOLUTION OF THE'MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A CENTRALIZED VALET PARKING SERVICE FOR THE DOWNTOWN COMMERCIAL AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -YEAR CONTRACT WITH AMERICAN PARKING SYSTEMS; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -YEAR CONTRACT WITH AMERICAN PARKING SYSTEMS FOR CENTRALIZED VALET PARKING SERVICE FOR THE DOWNTOWN COMMERCIAL AREA) (City Manager) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE YEAR TELEPHONE EQUIPMENT MAINTENANCE CONTRACT WITH BELLSOUTH FOR THE BASE MONTHLY COST IN AN AMOUNT OF $994.36 A MONTH AND CHARGING THE DISBURSEMENT TO ACCOUNT 001 - 2100 - 519 -4120 TITLED NON - DEPARTMENTAL COMMUNICATION TELEPHONE SERVICE, PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A 1 -YEAR TELEPHONE EQUIPMENT MAINTENANCE CONTRACT WITH BELLSOUTH IN AN AMT OF $994.36 /MO AND CHARGING THE DISBURSEMENT TO THE NON- DEPARTMENTAL COMMUNICATION TELEPHONE SERVICE ACCT W /CURRENT BAL$58,200) (City Manager) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR THE KNOX FIRM IN THE AMOUNT OF $8,437.50; TO BE CHARGED TO ACCOUNT NO. 001.1500.514.3410 LEGAL SERVICES, NON- RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR THE KNOX FIRM IN THE AMT OF $8,437.50; TO BE CHARGED TO THE LEGAL SERVICES NON - RETAINER ACCT W /CURRENT BAL$58,200) (City Attorney) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $14,628.86; CHARGING REGULAR CITY COMMISSION 4 AGENDA - SEPTEMBER 5, 2006 $14,628.86 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $14,628.86; CHARGING THE LEGAL SERVICES NON- RETAINER ACCT W /CURRENT BAL$58,200) (City Attorney) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 14. 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 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Palmer) RESOLUTION (S) /PUBLIC HEARING (S) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE PLACEMENT OF EXTERIOR SIGNAGE ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5904 SUNSET DRIVE (AMSTER PROPERTIES) PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE PLACEMENT OF EXTERIOR SIGNAGE ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5904 SUNSET DRIVE) (City Manager) RESOLUTION (S) (NONE) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) REGULAR CITY COMMISSION 5 AGENDA - SEPTEMBER 5, 2006 ORDINANCE (S) FIRST READING (CONT'D) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE SINGLE FAMILY RESIDENTIAL CATEGORY TO THE TOWNHOUSE RESIDENTIAL CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOT 15 BLOCK 5, DAVIS MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY AND SPECIFICALLY LOCATED AT 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15-02 - 1783 RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2- 26.8 OF THE CODE OF ORDINANCES, ENTITILED - BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES•IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 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 THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." " 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 - SEPTEMBER 5, 2006 1 + .. 6 CALL TO ORDER: 7 8 The City Commission of the City of South Miami, Florida met 9 in regular session on Tuesday, August 1, 2006, beginning at 7:12 10 p.m., in the City Commission Chambers, 6130 Sunset Drive. 11 12 A. Roll Call: 13 The following members of the City Commission were present: 14 Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe and 15 Commissioners Velma Palmer, Marie Birts and Jay Beckman. 16 17 Also in attendance were: City Attorneys Luis Figueredo and 18 Eve Boutsis, City Clerk Maria M. Menendez and City Manager Yvonne 19 Soler - McKinley. 20 21 B. Invocation: The invocation was delivered by Vice Mayor 22 Wiscombe. 23 24 C. Pledge of Allegiance: 25 The Pledge of Allegiance was recited in unison. 26 27 D. Presentations(s) 28 29 a) A sympathy resolution was presented to the family of the 30 late, former City Commissioner and Board Member Ms. 31 Betty Bank. 32 33 b) Presentation by LAZ Parking 34 35 Luis Macedo and Brad Rhoad, both with LAZ Parking conducted 36 a presentation consisting of their company's background and 37 experience; also presenting details of their service and 38 products. At the conclusion of the presentation the Commission 39 was afforded time to ask questions. 40 41 c) The Key to the City was presented to Dick Ward by the 42 Mayor, Vice Mayor and Commissioners for his dedication to the 43 City for over 45 years. Mr. Ward, a retired teacher, has 44 participated in various boards and has always expressed an 45 interest in the business of the City. REGULAR CITY COMMISSION 1 MINUTES— August 1, 2006 1 At this time, the Mayor announced a 5- minute recess. 2 3 4 5 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 6 7 8 1. Approval of Minutes 9 a) Minutes of July 18, 2006 10 11 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the 12 motion to approve the minutes of July 18, 2006 passed by a 5 -0 13 vote: 14 15 Commissioner Palmer: Yea 16 Commissioner Birts: Yea 17 Commissioner Beckman: Yea 18 Vice Mayor Wiscombe: Yea 19 Mayor Feliu: Yea 20 21 22 2 City Manager's Report: 23 24 a) Trolley - MPO /FDOT funding 25 26 Public Works Director, Ajibola Balogun, presented this item. 27 He indicated that we have a $75,000 grant that will be funded by 28 FDOT for the City of South Miami for the trolley system. 29 30 Vice Mayor Wiscombe said that he hopes that it will now 31 encompass a broader scope of service for the entire City. 32 33 Mayor Feliu said that another important point is for the 34 trolley, as with any other type of transportation, to show up on 35 time because people depend on it to get to their destination on 36 time. The time factor is very important so that people may count 37 on it, he said. 38 39 Commissioner Palmer concurred with the Mayor. She said that 40 the trolley needs to be on time because otherwise it would not be 41 dependable. 42 43 b) Comprehensive Annual Financial Report 44 FY Ending September 30, 2005 45 46 Nestor Caballero, with Caballero and Castellanos (auditors 47 for the City) , conducted this presentation. At the conclusion, 48 the Commission was afforded time to ask questions. Some questions 49 concerned pension payments which were clarified by the auditor REGULAR CITY COMMISSION 2 MINUTES — August 1, 2006 1 and by the Finance Director who said that there are no special 2 payments pending at this time. 3 4 Vice Mayor Wiscombe said that he does not want to see again 5 a situation as in the past where we accepted the grants for four 6 years and we had to match them for another four years and keep 7 those employees on. He said that he wants to see those grants 8 kept up to date to avoid any problems down the line. 9 10 At this time Ms. McKinley presented the proposed budget book 11 to the Commission. She indicated that she has proposed a millage 12 reduction of 6.521. 13 14 Mayor Feliu indicated that it is important to make people 15 aware that the garbage and trash pick up service is included in 16 the millage; therefore it is important to show our millage rate 17 with and without this service. Other municipalities which have 18 lower millage rates do not include their garbage and trash 19 service in it; therefore, their residents have to pay separate 20 fees for those services. 21 22 Commissioner Palmer pointed out that the fact is that the 23 City was able to collect a;good amount of money from investments, 24 businesses and other sources, giving us some flexibility for 25 lowering the millage rate as proposed. 26 27 Ms. McKinley said that even though we have collected a good 28 amount of money, it is also true that our expenditures have gone 29 up as well, such as our trash disposal fees, fuel, cola, 30 insurance, etc. 31 32 Commissioner Beckman said that the whole key to the budget 33 is controlling costs. He said that just because we get more money 34 we do not need to spend it all. 35 36 Two public budget workshops were scheduled for Thursday, 37 August 10 and 24, 2006 starting at 6:30 p.m. 38 39 With no further comments the City Manager's Report 40 concluded. 41 42 43 3. City Attorney's Report: 44 45 Counsel Boutsis said that Counsel Figueredo will be here for 46 the manager's contract item only. She also informed that the 47 Hampton vs the City litigation has been resolved. 48 49 Vice Mayor Wiscombe said that when any lawsuit is filed 50 against the City, the Commission should be notified immediately. 51 REGULAR CITY COMMISSION 3 MINUTES — August 1, 2006 1 With no further comments the City Attorney's Report 2 concluded. 3 4 5 PUBLIC REMARKS 6 7 David Tucker Sr. recited the Pledge of Allegiance and then 8 explained the meaning of each word in it. 9 10 Yvonne Beckman said that the previous trolley project was a 11 failure and a waist of money. She also said that she liked the 12 fuel resolution sponsored by the Mayor. 13 14 Walter Harris said that it is good news to hear that the 15 millage will be coming down. About the manager's contract, 16 specifically about the salary, he said that the proposed salary 17 is worth of ten years experience. He urged the Commission to 18 allow the manager to gain some experience first. 19 20 Cathy McCann expressed concerned with regard to the 21 resolution relating to insurance; the trolley project; and the 22 pension. 23 24 Dick Ward referred to J.R.E. Lee which will be going back to 25 be a regular school, and asked the Commission to urge the School 26 Board to name it after our late Commissioner David D. Bethel. 27 28 Valerie Newman referred to the city manager's proposed 29 starting salary, and asked for a background check which she has 30 previously requested. 31 32 John Edward Smith spoke about the trolley saying that it 33 should circulate around the business district which would help 34 with the parking problem. He also referred to the proposed 35 manager's salary. 36 37 James Mack reminded the° Commission that the David Bethel's 38 Pavilion needs a restroom. 39 40 With no further speakers, the public remarks section was 41 closed. 42 43 At this time, the Mayor announced a 5- minute break. 5 V 45 As the meeting reconvened, Commissioner Beckman pulled item 46 no. 11 (now item no. 12) from the Consent Agenda. 47 48 49 REGULAR CITY COMMISSION 4 MINUTES — August 1, 2006 r.,.. ,- ��1-1 . ,�� r. ,fig � n:: 1 135 -06- 12276 2 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 4 COMMITTEES; APPOINTING JANET F. LAUNCELOTT TO SERVE ON 5 THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM 6 ENDING JULY 31, 2008; AND PROVIDING AN EFFECTIVE DATE. 7 3/5 8 (Mayor Feliu) 9 10 136 -06 -12277 11 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 13 COMMITTEES; APPOINTING DONNA M. SHELLEY TO SERVE ON 14 THE HISTORIC PRESERVATION BOARD FOR A TWO -YEAR TERM 15 ENDING JULY 31, 2008; AND PROVIDING AN EFFECTIVE DATE. 16 3/5 17 (Mayor Feliu) 18 19 137 -06 -12278 20 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 22 COMMITTEES; APPOINTING JACQUELINE SALCINES TO SERVE 23 COMMISSION FOR WOMEN ON THE COMMISSION FOR WOMEN FOR A 24 TWO YEAR TERM ENDING JULY 31, 2008; AND PROVIDING AN 25 EFFECTIVE DATE. 3/5 26 (Mayor Feliu) 27 138 -06 -12279 28 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 30 COMMITTEES; APPOINTING DR. SALLY RUSSELL TO SERVE ON 31 THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING 32 JULY 31, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 33 (Mayor Feliu) 34 35 139 -06 -12280 36 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 38 COMMITTEES; APPOINTING CINDY FRANZ TO SERVE ON THE 39 COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING JULY 40 31, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 41 (Mayor Feliu) 42 43 140 -06 -12281 44 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 46 COMMITTEES; RE- APPOINTING SHIRLEY HUEBNER TO SERVE ON THE 47 PARKING COMMITTEE FOR A TERM ENDING JULY 31, 2008; AND 48 PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION MINUTES — August 1, 2006 5 1 (Mayor Feliu) 2 3 141 -06 -12282 4 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 6 FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT 7 IN THE AMOUNT OF $5,433.91; TO BE CHARGED TO ACCOUNT 8 NO. 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; 9 PROVIDING AN EFFECTIVE DATE. 3/5 10 (City Manager) 11 12 142 -06 -12283 13 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 14 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 15 MANAGER TO ENTER INTO A CONTRACT WITH STANDARD 16 INSURANCE TO PROVIDE LIFE /ACCIDENTAL DEATH AND 17 DISMEMBERMENT AND LONG TERM DISABILITY INSURANCE FOR 18 CITY OF SOUTH MIAMI FULL -TIME EMPLOYEES; PROVIDING AN 19 EFFECTIVE DATE. 3/5 20 (City Manager) 21 22 Moved by Commissioner Palmer, seconded by Mayor Feliu, the 23 motion to approve the Consent Agenda passed by a 5 -0 vote: 24 25 Commissioner Palmer: Yea 26 Commissioner Birts: Yea 27 Commissioner Beckman: Yea 28 Vice Mayor Wiscombe: Yea 29 Mayor Feliu: Yea 30 31 32 RESOLUTION (S) 33 34 35 143 -06 -12284 36 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 38 MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO 39 PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI 40 FULL TIME EMPLOYEES; PROVIDING AN EFFECTIVE DATE. 3/5 41 (City Manager) 42 43 Moved by Vice Mayor Wiscombe, seconded by Commissioner 44 Palmer to approve this item. 45 46 Commissioner Beckman said that he pulled this item from the 47 Consent for the benefit of former Mayor McCann who had raised 48 some questions, to allow the insurance representative to address REGULAR CITY COMMISSION 6 MINUTES - AuguSt 1, 2006 1 those questions, such as why AVMED had the lowest bid. 2 3 AVMED representative, Gene Baynon, addressed the Commission. 4 In conclusion, Mr. Baynon said that taking everything into 5 consideration AVMED is the best possible approach for the City. 6 7 Commissioner Beckman said that at the Insurance Workshop he 8 agreed with Mr. Baynon's reasoning; he said that it makes sense 9 to work with a carrier that is willing to work with us. 10 11 Vice Mayor Wiscombe said that at the Workshop the Commission 12 suggested that there is a point in time where employee 13 responsibility kicks in and that is why they recommended a higher 14 co -pay. He said that another thing he suggested to the manager is 15 that in the future we look at an employee contribution to the 16 health insurance, rather than the City pay 100 percent. This is 17 unfortunate, he added, but many companies and municipalities are 18 going that way; some are asking for 10 percent and still others 19 are asking for 20 percent contribution. He also reminded that the 20 City offers the employees to belong to AFLAC which deals with 21 hospitalization and life insurance. 22 23 Commissioner Palmer said that she realizes that cost is 24 going up on many things; however, it is very difficult when your 25 insurance is very high, particularly when our employees are in 26 different brackets; some can pay and some cannot. She said cuts 27 should be done somewhere else, not on insurance. She said that 28 some people are willing to work at a lower salary just to get 29 insurance benefits. 30 31 With no further comments or discussion, the motion to 32 approve this item passed by a 5 -0 vote: 33 34 Commissioner Palmer: Yea 35 Commissioner Birts: Yea 36 Commissioner Beckman: Yea 37 Vice Mayor Wiscombe: Yea 38 Mayor Feliu: Yea 39 40 41 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 42 43 44 18 -06 -1886 45 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND 47 DEVELOPMENT CODE; AMENDING REGULATIONS PERTAINING TO 48 PARKING REDUCTIONS IN THE HOMETOWN OVERLAY ZONE IN ORDER 49 TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE CITY 50 COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW REGULAR CITY COMMISSION MINUTES — August 1, 2006 7 1 FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A 2 PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO 3 EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, 4 PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO 5 THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE 6 NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR 7 SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND 8 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR 9 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN 10 EFFECTIVE DATE. 3/5 11 (Commissioner Beckman) 12 13 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to 14 approve this item. 15 16 Commissioner Beckman presented this item. He explained that 17 this is just a safeguard tool while the Land Development Code is 18 being reviewed. 19 20 At this time the public hearing was opened. 21 22 Yvonne Beckman said that the only problem that she has with 23 this is what she has with the Hometown Overlay. She urged the 24 Commission to take a look at the Hometown Plan as.a whole instead 25 of allowing for variances here and there. 26 27 With no further speakers the public hearing was closed. 28 29 Mayor Feliu said that this is a very conservative ordinance, 30 and that it allows us to re- evaluate a lot of things regarding 31 our parking giveaways that we had in the past. 32 33 Commissioner Beckman said in response to public comments 34 that in the Land Development Code the parking rules for the 35 Hometown District will probably be drastically amended and tht 36 this is as the result of evaluating what has worked and what has 37 not worked. 38 39 With no further comments or discussion, the motion to 40 approve this item passed by a 5 -0 vote: 41 42 Commissioner Palmer: Yea 43 Commissioner Birts: Yea 44 Commissioner Beckman: Yea 45 Vice Mayor Wiscombe: Yea 46 Mayor Feliu: Yea 47 48 REGULAR CITY COMMISSION MINUTES — August 1, 2006 i 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 14. 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) Moved by Mayor Feliu, seconded by Commissioner Birts to approve this item. Mayor Feliu opened the public hearing. Cathy McCann said that there was very little that she liked about this contract and proceeded to go page by page pointing out all the things with which she disagreed. Yvonne Beckman asked as to whether the issue about the budget would be clarified concerning the balance on the manager's account. She said that there was a concern on this since a four - fifth vote might be required in the event that the money had to come from another account. Counsel Figueredo explained already in August, we have only the next fiscal year kicks in. that given the fact that we are two months left and after that With no further speakers the public hearing was closed. Mayor Feliu thanked everyone for their input. He said that Ms. McKinley has been diligently working for the past six months and the only complaint he has heard so far is the issue with the salary. He then discussed the different points on the contract. He said that some of the other candidates demanded either moving expenses or housing allowance and some also wanted a five -year contract. Commissioner Palmer said that besides the fact that Ms. McKinley is very warm and that she has nothing personal against her, the fact is that she, as a Commissioner, has a responsibility to the taxpayers of the City and this is a matter of business. She then began to propose various changes to the contract. Commissioner Beckman suggested that it would be better if everyone would present their comments and then they could make separate motions on each item that they wanted to amend. He said that this is not an acceptable contract, and proceeded to discuss various changes to the contract. He said that the whole section regarding benefits should be redone and made consistent with which everybody else gets. REGULAR CITY COMMISSION 9 MINUTES — August 1, 2006 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 Responding to Commissioner Birts, Counsel Figueredo said that this contract does not violate the Charter. With regard to benefits, he said that he reviewed a couple of previous city managers' contracts, he also reviewed the Village of Palmetto Bay city manager's contract; the benefits are consistent across the board with those contracts. In other words, any of these benefits are consistent with what this Commission has previously and historically approved. Commissioner Birts said that we have all levels of employees in the City, and to propose treating our city manager as equal as the rest of the employees, that is an insult. She said that the city manager will be making big decisions in conjunction with the Commission. She said that this manager has experience in management and that she is capable of making good decisions, and if this contract is in the norm with other cities, then it should be granted to her. Vice Mayor Wiscombe with regard to the car allowance said that you cannot expect someone to drive everywhere on city business and expect them to pick up the tab, not only for the gas but also for the wear and tear. This is the CEO of our company, he said, and we cannot treat her exactly the same as the other employees. He then asked the Commission not to vote on this tonight because he wished to digest some of the things that have been said, rather than rushing through decisions about someone's employment. He said that he respected many of the things that were said here tonight, but the question is what should and shouldn't be applied. Mayor Feliu asked the members of the Commission to speak to the City Attorney and the City Manager so that each Commissioner could come back with his /her own ideas regarding the contract. Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts, the motion to defer this item passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea RESOLUTION (S) /PUBLIC HEARING (S) (NONE) REGULAR CITY COMMISSION MINUTES — August 1, 2006 10 1 RESOLUTION (S) VA 3 144 -06 -12285 4 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO DISBURSE THE SUM OF $14,365.00 TO J.E.M. 7 INSPECTIONS & ENGINEERING SERVICES, INC. AND APPROVING 8 AN OPEN P.O. FOR AN AMOUNT NOT TO EXCEED $33,800.00 9 FROM ACCOUNT NO.1610- 524 -3450 FOR BUILDING AND ROOFING 10 INSPECTIONS, AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 11 (Deferred 7125106) 12 (City Manager) 13 14 Moved by Vice Mayor Wiscombe, seconded by Commissioner 15 Palmer to approve this item. 16 17 Building Director Sonia Lama presented this item. 18 19 To address Commissioner Palmer's question, Ms. Lama 20 explained that this is not really the practice of the department; 21 however, they have not been able to replace the former inspector 22 but that they are still trying to find one. She also explained 23 that the County's fees are much higher than the City's. 2.4 25 To address Commissioner Beckman's question, Ms. Lama said 26 that it is more expensive for the City to hire outside 27 contractors to do this job versus doing it in house. She also 28 said that there is a possibility that they will need to continue 29 using outside contractors next year but that she has included it 30 in her budget request. 31 32 With no further comments or discussion, the motion to 33 approve this item passed by a 5 -0 vote: 34 35 Commissioner Palmer: Yea 36 Commissioner Birts: Yea 37 Commissioner Beckman: Yea 38 Vice Mayor Wiscombe: Yea 39 Mayor Feliu: Yea 40 41 42 145 -06 -12286 43 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 44 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 45 CITY'S 2006/2007 FISCAL YEAR BUDGET AND PROPOSED 46 MAXIMUM MILLAGE RATE; ADVISING THE MIAMI -DADE COUNTY 47 PROPERTY APPRAISER OF ITS PROPOSED MAXIMUM MILLAGE 48 RATE OF 6.681 MILLS; ITS ROLL -BACK RATE OF 5.736 REGULAR CITY COMMISSION MINUTES - August 1, 2006 11 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 47 MILLS AND ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; DIRECTING THE FINANCE DEPARTMENT TO FILE THIS RESOLUTION WITH THE MIAMI -DADE COUNTY PROPERTY APPRAISER; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Wiscombe, seconded by Commissioner Palmer to approve this item. Counsel Boutsis explained that this is required by both State and County statutes; the Commission can always lower the rate; this is just to propose the maximum millage rate for the next fiscal year 2006 -07. Commissioner Beckman then moved to amend the resolution to propose a minimum of 0.2 millage rate reduction, so that the maximum millage rate will be 6.481 instead of 6.681. The motion died for lack of a second. With no further comments or discussion, the motion to approve this item passed by a 4 -1 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Nay Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Moved by Commissioner Birts, seconded by Vice Mayor Wiscombe, the motion to extend the meeting for 15 minutes past 11:00 p.m. failed by a 1 -4 vote: Commissioner Palmer: Nay Commissioner Birts: Yea Commissioner Beckman: Nay Vice Mayor Wiscombe: Nay Mayor Feliu: Nay REGULAR CITY COMMISSION 12 MINUTES — August 1, 2006 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 RESOLUTION (S) (CONT'D) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYING THE STATE AND FEDERAL LEGISLATURES TO CREATE THE "FREEDOM FROM FOSSIL FUEL ACT "; WHICH ACT SHALL PROVIDE FOR THE UNITED STATES TO INVEST IN, SUPPORT THE EXPLORATION, AND FUNDING OF ALTERNATE SOURCES OF FUEL SUCH AS SOLAR, HYDROGEN, ETHANOL AND NUCLEAR POWER PLANTS AND TO ADVOCATE METHODS FOR DECREASING FLORIDA'S AND THE ENTIRE NATION'S DEPENDENCE UPON FOREIGN OIL AND FOSSIL FUELS, IN GENERAL, AS FOSSIL FUELS ARE A DIMINISHING NATURAL RESOURCE; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING 18. 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 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Deferred from 7125106) 3/5 (Commissioner Palmer) COMMISSION REMARKS There being no further business to come before this Body, the meeting adjourned at 11:00 p.m. Attest Maria M. Menendez City Clerk REGULAR CITY COMMISSION MINUTES — August 1, 2006 13 Approved Horace G. Feliu Mayor To: Via: From: Date: South Miami CITY OF SOUTH MIAMI 111111 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager l Don O'Donniley, Planning Director September 5, 2006 Subject: Status Report on Concurrency Fees owed to City F In 2005 the City approved two major mixed use development projects which included required concurrency payments to be made to the City in order to maintain the City's level of service for parks and recreational acreage. These projects were the Red Road Commons Project (Codina Development Corporation, Developer) and Project Sunset (1St National Bank of South Miami, Developer). A part of the approval process for both projects was the adoption of a Development Agreement setting forth the conditions of approval and obligations of the City and the developer. Each of the Development Agreements established a payment amount and payment schedule for the parks and recreation concurrency fee. It has been anticipated that these payments would be used to help off -set the City's purchase cost of the YMCA property. The following is a summary of the payment responsibility and status for each development project. Project Sunset - 4.5 acres, 108 dwelling units Development Agreement approved March 15, 2005, Ord. No.05 -05 -1827 • Development Agreement modified with respect to concurrency payment June 14, 2005, Ord. No. 18-05-1840 Parks and Recreation Concurrency Fee. Fee based upon the provision of .80 acres of acceptable park land or a substitute payment. The Administration negotiated a specific fee amount which was adopted in June 2005, by a modification ordinance and inserted into the Development Agreement. The exact payment was set at $232,000. • Fee is to be paid in one lump sum on or before the receipt of the first building permit; payment will include any interest or carrying cost incurred by the City until receipt of the payment. • Development agreement signed and effective March 15, 2005; a revised Development Agreement containing the modifications adopted on June 14, 2005 must be executed. The developers of the project initially announced a delay in moving forward on the project; the project now called the Boulevard at Sunset, has been redesigned and a revised plan was submitted to the ERPB on June 6, 2006. The ERPB review indicated that modifications to the design were required to comply with the Land Development Code. Red Road Commons- 7 acres, 407 dwelling units Development Agreement approved April 9, 2005, Ord. No. 12-05-1834 • Development Agreement modified with respect to concurrency payment June 14, 2005, Ord. No. 17-05-1839 • Parks and Recreation Concurrency Fee. Fee based upon the provision of 3.2 acres of acceptable park land or a substitute payment. The Administration negotiated a specific fee amount which was adopted in June 2005, by a modification ordinance and inserted' into the Development Agreement. The exact payment was set at $928,000. Fee is to be paid in one lump sum on or before the receipt of the first building permit; payment will include any interest or carrying cost incurred by the City until receipt of the payment. Development Agreement has not been executed as of this date. The City did not sign the agreement because the City Commission set a concurrency fee higher than the amount in an earlier version signed by the developer. The concurrency payment adopted by City ordinance on June 14, 2005 (shown above) was agreed to by the developer. The developer and the City need to sign the revised agreement. The developer approached staff in June, 2006 to begin preparations to implement the Development Agreement. Contingency Plan The City Commission is entitled under either Development Agreement to an annual report from the developers documenting progress toward implantation. The Commission could find insufficient progress has been made, and the Development Agreements voided. All of the zone changes, special exceptions and site plan approvals would also be voided. In addition the parks and recreational acreage designated as reserved for that project could be made available to other future developers. YSM /DOD /SAY PAComm Items\2006 \9- 5- 06 \Concurrency Fee CM Report.doc Page 2 of 2 South Miami A1MM UCRY CITY OF SOUTH MIAMI 111111 1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 TO: Officer D. Wagner, South Miami Police Department FROM: Yvonne S. McKinley, City Manager SUBJECT: ,Update on Banners in Downtown DATE: September 5, 2006 On June 6, 2005, the former City Manager entered into a three year agreement with CGI Communications, Inc. As a part of this agreement, Community Banner Services, a division of CGI Communications, would provide street banners, designed exclusively for our community, branding our website address and showing South Miami's economic vitality, and the support of our business community. According to the contract, Community Banner Services has or will provide the following: • Full color custom graphic vinyl banners • A minimum of 25 banners with business sponsors allowed on lower 25% of banner • New banner design for each 12 month period • New business sponsors for each 12 month period • Free replacement of torn, worn, and/or damaged banners • Installation and maintenance of all banners • Removal of all banners and bracket systems upon expiration of the agreement Community Banners Services is solely responsible for obtaining business sponsorships.. The City of South Miami assumes no cost or liability for this project according to the contract. Additionally, as a part of the contract, e.LocalLink a division of:CGI Communications, again at no cost to the City, has produced a Welcome video and three -other - Community Highlight Videos for the City. The videos have been completed and a link to them will be placed on the City of South Miami website. Attached for your information is a copy of the summary of services to be provided and the contract with CGI Communications, Inc. CGI Communications, Inc. has entered into a partnership with the Florida League of Cities to launch the technology that CGI has developed for Streaming Video applications on the internet. As a result of this partnership and your membership in FLC, the City of South Miami, FL is entitled to receive a fully produced, NO COST Community Video Showcase program to be placed on your City's website, and also be a part of the .FLC Member Showcase on FLC's website. Our Streaming Video Program is an invaluable tool for the City of South Miami to enhance its website by adding a video welcome message, and to showcase your community in a powerful, new and innovative way. We will come to your location with our film crew to videotape the necessary footage to fully produce the Welcome video PLUS three additional community highlight videos on topics such as relocation, business and industry, education, etc. The program will be customized to showcase the best of what South Miami has to offer to residents, visitors, and your business community. To view examples of videos we have produced for communities throughout the country, click here: hftp://www.elocallink.com/mtv/customers/index.php In addition to the video production with online hosting /streaming, we will also provide a means of driving traffic to your city's website with a branding program with our decorative street banners. Also FREE of charge, we will provide full color, custom - designed vinyl street banners branded with your website address. These banners will hang throughout your community to increase awareness and drive traffic to your website by your residents, visitors, and daily commuters. Samples of banner designs can be viewed by clicking here: http: / /www.elocallink.com /cbs. To recoup our investment in providing this program to you at NO COST, we will work with your local businesses on a sponsorship program for the Street Banners. Businesses will be allowed to showcase their name /logo on the lower 25% of a banner. Your municipality bears no liability in this. The more businesses we obtain, the more banners we will have to install in your community. We also provide all brackets and necessary hardware AND we take care of the installation and maintenance of the banners. Finally, once the initial street banner installation has been completed, we will add another element to your online Community Video panel — a fully searchable directory of your local business community. See an example by clicking here: http: / /elocallink.ty /vo2 /gen wh- wvx.php? movie= mvl &y= clients2lmd Iannayolis p Again, it will be CGI's responsibility to involve your businesses in this. The City bears no liability whatsoever. The addition of this directory will truly make your City's website the focal point on the internet for information about the City of South Miami. Whether you are actively promoting tourism, recruiting businesses for economic development, or simply looking for ways to provide the public with additional information about your community, this is a cutting -edge opportunity to assist you with achieving your marketing objectives. With no financial investment from City funds, we've eliminated the need for lengthy budget meetings and approval processes, therefore allowing us to begin production immediately! Thank you for taking the time to review our proposed program for the City of South Miami. We look forward to working with you! Michael McDonald Senior Marketing Executive 800.398.3029 x204 michaeim @cgicommunications.com Community Video, Banner Branding, and Business Showcase Program Name: Maria Davis Title: City Manager Address: 6130 Sunset Drive South City, State, Zip: Miami, FL 33143 Phone: 305- 668 -2510 305- 663 -6345 Email: mdavis@citvofsouthmiami.net Website: www.cibMfsouthmiami.net CGI Communications, Inc. • 130 East Main Street, 81h Floor Rochester, 1 800 - 398 -30202 9 x223 223 585- 427 -0020 Fax: 585- 292 -0602 . im COMMUNICATIONS, INC. e- LocalLink � lcziti lommunity anner Inc. This agreement is between CGI Communications, Inc and South Miami, FL and shall remain in effect for a period of three years. The commencement date of this agreement shall be the date that the link for the Community Video Panel is placed on the South Miami, FL website homepage. The term of this agreement shall automatically renew unless either party gives 60 days written notice of termination or modification prior to expiration. e.LocalLink, a division of CGI Communications, Inc shall provide the following: • Website Welcome video from your mayor or other civic leader (approx. 1 minute) • 3 Community Highlight videos (approx 1 minute each) • Consult with you to write your scripts • Come to your location to film your videos • Professional voice - overs, script writing and background music. Video and editing; all aspects of post - production from raw footage to final video Store and stream all videos on our dedicated server and will link finished videos to to your municipality's website homepage • Encode final video into multiple streaming digital formats to play on all computer systems, browsers and internet connection speeds, including both Windows MediaTM and QuickTimeVA. To include patent pending One- ClickTM Technology • Final draft of all content of the Community Highlight Videos for your approval • Business Showcase with searchable business directory located within the Community Video panel • e- LocalLink is solely responsible for obtaining participant sponsors for the Business Showcase • Duration of sponsor participation will be one year and e- LocalLink is solely responsible for annual sponsorship fulfillment • Marketing, production, printing, and distribution are the sole responsibility of e•LocalLink. South Miami, FL will assume no cost or liability for the project • e•LocalLink will own copyrights of the master Community Highlight Videos Program Add -On if agreement is signed and received by 613YOS: • Encoding, hosting, and streaming of additional 5 minutes of finished video per month. Finished videos will be provided to us by your organization. Community Banner Services, a division of CGI Communications, Inc. shall provide the following: • Full color custom graphic vinyl banners • A minimum of 25 banners with business sponsors allowed on lower 25% of banner • Design and size customized to meet your Community's specifications (standard size 30" x 60 ") • Community Banner Services, a division of CGI Communications, Inc. is solely responsible for obtaining business sponsorships • New banner design for each 12 month period; reference to your Community's website optional • New business sponsors for each 12 month period; lower portion, to be consistent with banners' color scheme • Sponsorship fees from $445.00 per banner per 12 month period • Bracket system comprised of cast aluminum brackets, fiberglass rods, and all necessary hardware • Free replacement of tom, worn, and/or damaged banners • Installation and maintenance of all banners • Removal of all Banners and bracket systems upon expiration of agreement • Marketing, production printing, and distribution are the sole responsibility of Community Banner Services • South Miami, FL will assume no cost or liability for the project South Miami, FL shall provide the following: • A letter of introduction for the program on your organization's letterhead Assist with the content and script for the Community Movie • Agrees to give e- LocalLink the right to use organization's name in connection with the preparation and production of the program set forth herein only • Agrees to put a link on the municipality s website homepage to e- LocalLink's video server • Provides e- LocalLink with exclusive streaming video rights for the term of this agreement we, the undersign , and a abov jorma$on and have full authority to sign this agreement. Si .tore: Signature: Name Printed: Maria Davis Name Printed: Frank Buono Title: City Manager Date: Contract void if not accepted by 6131105. rft , os.wou Title: Executive Vice President Date: 6/20/2005 7lO rvlatUd City Commission City of South Miami c/o City Manager 6130 Sunset Drive South Miami, Florida 33143 Re: Summary of Proposed Ordinance Amendment — City of South Miami Police Officer's Retirement Trust Fund Dear Commission Members: This firm represents the City of South Miami Police Officer's Retirement Trust Fund. Our client has directed that we provide an overview of the enclosed proposed ordinance amendment to be considered by the City Commission. The Board of Trustees of the Retirement Trust Fund recommends adoption of this proposed ordinance amendment to the existing code; which is in compliance with Chapter 185 of the Florida Statutes. This ordinance amendment changes the current seven- member board of trustees, consisting of three (3) employees of the police department (to be selected by the police participants and appointed by the city commission), the police chief, the finance director, the mayor, and a resident of the city (to be appointed by the city commission) and the city manager as a nonvoting, ex officio member. The proposed board of trustees, shall be a five- member board, consisting of two legal residents of the City appointed by the City Commission, two (2) Police officers as defined herein and in section 185.02(11) of the Florida Statutes, elected by a majority of the Police officers who are Participants the Fund, Each Police officer trustee may succeed himself or herself in office and a fifth trustee selected by a majority of the previous four (4) trustees, and appointed as a ministerial duty by the City Commission. The proposed amendment provides for the transition to begin on 1 October 2006 and allows current trustees to complete existing terms of office. Further the proposed amendment provides for alternate year elections for the elected trustees, time requirements for notice of such elections and procedures for conducting said elections. Clarification is provided as to eligibility to voting and running for the elected trustee positions and length of terms of office. Similarly, term limits and vacancy replacement procedures are provided for appointed resident trustees. SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman♦ 2801 Ponce De Leon Boulevard Howard S. Susskind Suite 750 Kenneth R. Harrison, Sr. Coral Gables, Florida 33134 David E. Robinson (305) 529 -2801 D. Marcus Braswell, Jr. Broward 327 -2878 Pedro A. Herrera Toll Free 1- 800 -329 -2122 Facsimile (305) 447 -8115 ♦ Board Certified Labor & Employment Lawyer August 24, 2005 City Commission City of South Miami c/o City Manager 6130 Sunset Drive South Miami, Florida 33143 Re: Summary of Proposed Ordinance Amendment — City of South Miami Police Officer's Retirement Trust Fund Dear Commission Members: This firm represents the City of South Miami Police Officer's Retirement Trust Fund. Our client has directed that we provide an overview of the enclosed proposed ordinance amendment to be considered by the City Commission. The Board of Trustees of the Retirement Trust Fund recommends adoption of this proposed ordinance amendment to the existing code; which is in compliance with Chapter 185 of the Florida Statutes. This ordinance amendment changes the current seven- member board of trustees, consisting of three (3) employees of the police department (to be selected by the police participants and appointed by the city commission), the police chief, the finance director, the mayor, and a resident of the city (to be appointed by the city commission) and the city manager as a nonvoting, ex officio member. The proposed board of trustees, shall be a five- member board, consisting of two legal residents of the City appointed by the City Commission, two (2) Police officers as defined herein and in section 185.02(11) of the Florida Statutes, elected by a majority of the Police officers who are Participants the Fund, Each Police officer trustee may succeed himself or herself in office and a fifth trustee selected by a majority of the previous four (4) trustees, and appointed as a ministerial duty by the City Commission. The proposed amendment provides for the transition to begin on 1 October 2006 and allows current trustees to complete existing terms of office. Further the proposed amendment provides for alternate year elections for the elected trustees, time requirements for notice of such elections and procedures for conducting said elections. Clarification is provided as to eligibility to voting and running for the elected trustee positions and length of terms of office. Similarly, term limits and vacancy replacement procedures are provided for appointed resident trustees. Additionally, this proposed amendment clarifies Board of Trustees authority to retain an independent administrator by removing the specifically named company to perform administrative duties. The Board of Trustees authority to develop an investment policy is clarified by removing the prohibition against investment in common stocks and limiting the percentage of investment in fixed income investment at market value to 40% of fund assets. The board believes that enactment of the proposed amendment would reduce potential conflict of interest and dual office holding issues in relation to elected officials serving as trustees and improve efficiency in Board of Trustee authority in delivering pension benefits to retirees and control of costs to the City. The Retirement Trust Fund actuary has provided a statement of no impact for your consideration prior to final reading and enactment of this ordinance amendment. We remain available to respond to any questions you may have on this matter. Yours truly, KENNETH R. HARRISON, SR. cc: Board of Trustees, c/o Benefits USA Larry Wilson, Actuary, Gabriel, Roeder, Smith & Co. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF 5 SOUTH MIAMI POLICE OFFICERS' RETIREMENT TRUST FUND, 6 PROVIDING FOR REDUCTION IN NUMBER OF TRUSTEES ON THE 7 BOARD OF TRUSTEES FROM SEVEN (7) TO FIVE (5) BY 8 REMOVING THE MANDATORY MEMBERSHIP OF CERTAIN 9 NAMED OFFICALS; PROVIDING CLARIFICATION OF ELECTION 10 AND APPOINTMENT PROCEDURES FOR TRUSTEES; PROVIDING 11 FOR CLARIFICATION OF BOARD'S INVESTMENT AUTHORITY; 12 PROVIDING FOR REMOVAL OF A NAMED ADMINISTRATOR; 13 PROVIDING FOR SEVERABILITY; PROVIDING FOR 14 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the City of South Miami desires to provide compliance with required 17 minimum benefits provided in Chapter 185 of the Florida Statutes for police officer employees in 18 order to continue to receive state premium tax funding; and 19 20 WHEREAS, the City Commission has received and reviewed an actuarial impact 21 statement related to such early retirement incentive. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. Part I, Provisions governing the South Miami Pension. Plan, Section 16 -33 27 of the South Miami Code of Ordinances is hereby amended to read as follows: 28 29 Sec. 16-33. Membership of hBoard; term; officers; meetings; quorum. 30 31 (a) There is hereby created a seven - member board of trustees of the City 32 of South Miami Police Officers' Retirement Trust Fund, which board shall consist 33 of three (3) employees of the police department (to be selected by the police 34 participants and appointed by the city commission, the police chief, the finance 35 director, the mayor, and a resident of the city (to be appointed by the city 36 commission) for a period of two (2) years and the city manager as a nonvoting, ex 37 officio member of said board. Effective October 1, 2006 the membership of the 38 Board shall consist of five (5) members and all prior terms shall expire. Two of 39 whom, unless otherwise prohibited by law, shall be legal residents of the City, 40 who shall be appointed by the City Commission, and shall serve as trustee for a 41 period of 2 years, unless sooner replaced by the City Commission at whose 42 pleasure the trustee shall serve, and may succeed himself or herself as a trustee. 43 Two (2) of whom shall be Police officers as defined herein and in section 44 185.02(11) of the Florida Statutes, who shall be elected by a m L gfiV of the 45 Police officers who are Participants the Fund, and shall serve as trustee for a 46 period of 2 years, unless he or she sooner leaves the employment of the City as a 47 Police officer, whereupon a successor shall be elected in the same manner as an 48 original appointment. Each Police officer trustee may succeed himself or herself 1 in office The fifth trustee shall be selected by a majority of the previous four (4) 2 trustees and apyointed as a ministerial duty by the City Commission. The fifth 3 trustee shall have the same rights as each of the other four trustees appointed or 4 elected as herein provided shall serve as trustee for a period of 2`years, and may 5 succeed himself or herself in office. 6 7 (b) At the first election of trustees, effective October 1, 2006 there shall 8 be elected one pPolice officer to serve as trustee for a two -year term; and one 9 police officer to serve as trustee for a tireeone -year term. Thereafter, each year, 10 one pPolice officer shall be elected to serve as trustee for a thr-eetwo -year term. 11 The Board shall annually elect from its membership a chairman and secretary. 12 z "_A_aeee - d==eeteral be the - The chairman, when present, shall 13 preside at all meetings. The secretary shall keep complete minutes of all 14 proceedings of the bBoard and shall comply with requirements of section 15 185.06(3) of the Florida Statutes. The easufer - shall Ase the weeks meer-ds whieh ,.. the meeipts -y 17 of assets ef the t each quarterly meeting a report detailing 18 the assets and liabilities of the (Fund as of the date of such meeting shall be 19 presented. All elections of the bBoard shall be by a majority vote, a quorum 20 being present. F&�Three (43) or more awn ber-strustees shall constitute a 21 quorum. Trustees shall receive no compensation as such but may be reimbursed 22 for any expenses related to Board business. 23 (Ord. No. 1038, § 5, 7- 24 -79; Ord. No. 1208, § 1, 9- 10 -84) 24 25 Section 2. Part II, Provisions governing the South Miami Pension Plan, Section 16- 26 34 of the South Miami Code of Ordinances is hereby amended to read as follows: 27 28 Sec. 16 -34. Elections. 29 30 (a) All elections of pPolice officers to the bBoard shall be by secret written 31 ballot. Only pParticipants in the (Fund shall be eligible for nomination and 32 election to the bBoard and only pParticipants shall be eligible to vote in such 33 elections. 34 (b) Notice of each election shall be posted at least two (2 ) weeks prior to the date 35 of such election, in the police station in the City of South Miami at least two 36 . Such elections 37 shall be conducted over a period of not less than two business dates. 38 39 Section 3. Part III, Provisions governing the South Miami Pension Plan, Section 16- 40 36 of the South Miami Code of Ordinances is hereby amended to read as follows: 41 42 Sec. 16-36. Replacement of bBoard members. 43 44 If, at any time between elections, a vacancy occurs on the bBoard for any 45 reason whatsoever, such vacancy shall be filled by a special election held in 46 accordance with the procedures in seefie^ 16 23 and seetien 16 34 of this article. 47 The newly elected trustee shall serve the remainder of the term of any trustee 48 whose membership was terminated. 2 1 (Ord. No. 1038, § 8, 7- 24 -79) 2 3 Section 4. Part IV, Provisions governing the South Miami Pension Plan, Section, l6- 4 37 of the South Miami Code of Ordinances is hereby amended to read as follows: 5 6 See. 16-37. Powers of board. 7 8 The bBoard shall have the power and authority as follows: 9 10 (a) To invest and reinvest monies of the (Fund. In making such investments they 11 shall be governed by Chapter 185, Florida Statutes relating to the investment of 12 fiduciary funds, except that no menies s1,.a1r1 be kwested in 6eaullen stee'the 13 allocation of assets shall not be less than forty percent (40 %) in fixed income 14 investments at market. The bBoard may, however, invest up to ten (10) per cent 15 of the assets in international securities.tmebligatea f,mds in AAA gr-a ° or- -4-4 17 18 (b) To perform the acts required as the administrator of the pPlan. The bBoard 19 may delegate administrative duties in its discretion.* the eeas fling fiffi of Ralp'� 20 W. Symons and Asseeiates. 21 22 (c) To approve disbursements, pay claims and authorize payments from the fund 23 by warrants signed by the chairman and the secretary of the bBoard. 24 25 (d) To interpret the provisions of this article where the meaning is not clear or 26 ambiguity exists; and to promulgate necessary rules respecting the operation of 27 the €Fund, or elections of trustees, not in conflict with the wording or clear intent 28 of this article. In the event of any conflict, the provisions of Chapter 185 of the 29 Florida Statutes shall prevail. 30 31 (e) To authorize expenditure in connection with preliminary research, technical 32 services, legal services and accounting services, to contract for employees 33 necessary to the general administration of the (Fund and to employ legal counsel 34 and auditors necessary to the proper administration of the (Fund. 35 36 Section 5: If any section, clause, sentence or phrase of this ordinance is for any 37 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 38 not affect the validity of the remaining portions of this ordinance. 39 40 Section 6: All ordinances or parts of ordinances in conflict with the provisions of 41 this ordinance are repealed. 42 43 Section 7: This Ordinance shall take effect immediately upon approved. EVE, 45 SIGNATURES ON FOLLOWING PAGE 46 47 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2006 APPROVED: MAYOR 1St Reading — (for ordinances only) 2nd Reading — (for ordinances only) COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: C. (Documents and Settings ISRothstein My Documents lReso-OMISMPP ORDN BOARD MAKE UP. doc El ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI POLICE OFFICERS' RETIREMENT TRUST FUND, PROVIDING FOR REDUCTION IN NUMBER OF TRUSTEES ON THE BOARD OF TRUSTEES FROM SEVEN (7) TO FIVE (5) BY REMOVING THE MANDATORY MEMBERSHIP OF CERTAIN NAMED OFFICALS; PROVIDING CLARIFICATION OF ELECTION AND APPOINTMENT PROCEDURES FOR TRUSTEES; PROVIDING FOR CLARIFICATION OF BOARD'S INVESTMENT AUTHORITY; PROVIDING FOR REMOVAL OF A NAMED ADMINISTRATOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide compliance with required minimum benefits provided in Chapter 185 of the Florida Statutes for police officer employees in order to continue to receive state premium tax funding; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions governing the South Miami Pension Plan, Section 16 -33 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16-33. Membership of hBoard; term; officers; meetings; quorum. (a) There is hereby created a seven - member board of trustees of the City of South Miami. Police Officers' Retirement Trust Fund, which board shall consist of three (3) employees of the police department (to be selected by the police participants and appointed by the city commission, the police chief, the finance director, the mayor, and a resident of the city (to be appointed by the city commission) for a period of two (2) years and the city manager as a nonvoting, ex officio member_ of said board. Effective October 1, 2006 the membership of the Board shall consist of five (5) members and all prior terms shall expire Two of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the City Commission and shall serve as trustee for a Two (2) of whom shall be Police officers as defined herein and in section 185.02(11) of the Florida Statutes who shall be elected by a majority of the Police officers who are Participants the Fund and shall serve as trustee for a period of 2 years, unless he or she sooner leaves the employment of the City as a Police officer, whereupon a successor shall be elected in the same manner as an original appointment. Each Police officer trustee may succeed himself or herself in office. The fifth trustee shall be selected by a majority of the previous four (4) trustees, and appointed as a ministerial duty by the City Commission. The fifth trustee shall have the same rights as each of the other four trustees appointed or elected as herein provided, shall serve as trustee for a period of 2 years and may succeed himself or herself in office. (b) At the first election of trustees, effective October 1, 2006 there shall be elected one pPolice officer to serve as trustee for a two -year term; and one police officer to serve as trustee for a thfeeone -year term. Thereafter, each year, one pPolice officer shall be elected to serve as trustee for a thr-eetwo -year term. The bBoard shall annually elect from its membership a chairman and secretary. The, „"a dkeeter- shall be the tfeasuFen The chairman, when present, shall preside at all meetings. The secretary shall keep complete minutes of all proceedings of the bBoard and shall comply with requirements of section 185.06(3) of the Florida Statutes. The -fease = er— shall -sup°M ise the book" �a avVV1M✓ „auvaa ivy ViK V11V r-eeei l s and disbufsements of the fimd and the kwefAei.�Y; e€ assets tea. He shat r -epeFt ^ ^ t each quarterly meeting a report detailing the assets and liabilities of the fF'und as of the date of such meeting shall be presented. All elections of the bBoard shall be by a majority vote, a quorum being present. Feef —Three or more meffd-,,eretrustees shall constitute a quorum. Trustees shall receive no compensation as such but may be reimbursed for any expenses related to Board business. (Ord. No. 1038, § 5, 7- 24 -79; Ord. No. 1208, § 1, 9- 10 -84) Section 2. Part II, Provisions governing the South Miami Pension Plan, Section 16- 34 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16-34. Elections. (a) All elections of pPolice officers to the bBoard shall be by secret written ballot. Only pParticipants in the (Fund shall be eligible for nomination and election to the bBoard and only pParticipants shall be eligible to vote in such elections. (b) Notice of each election shall be posted at least two (2) weeks prior to the date of such election, in the police station in the City of South Miami at leas* two ('" weeksee=ls prior- to the date ''' '' '' ' + h „ b he 'a Such elections �.iava w uxv u , shall be conducted over a period of not less than two business days Section 3. Part III, Provisions governing the South Miami Pension Plan, Section 16- 36 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -36. Replacement of bBoard members. If, at any time between elections, a vacancy occurs on the bBoard for any reason whatsoever, such vacancy shall be filled by a special election held in accordance with the procedures i seede : 16 33 and section 16 34 of this article. The newly elected trustee shall serve the remainder of the term of any trustee whose membership was terminated. 2 (Ord. No. 1038, § 8, 7- 24 -79) Section 4. Part IV, Provisions governing the South Miami Pension Plan, Section 16- 37 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16-37. Powers of board. The bBoard shall have the power and authority as follows: (a) To invest and reinvest monies of the (Fund. In making such investments they shall be governed by Chapter 185, Florida Statutes relating to the investment of fiduciary funds, except that no- m9nies shall - be invested te&qhe allocation of assets shall not be less than fogy percent 40 %) in fixed income investments at market. The bBoard may, however, invest up to ten (10) per cent of the assets in international securities.unobligated mds in AAA g-a eei A—A- b raer-perele beads and/or- AAA rj or- sui g"e equipment trust. (b) To perform the acts required as the administrator of the pPlan. The bBoard may delegate administrative duties in its discretion. A'. Symons and Asseeiates. (c) To approve disbursements, pay claims and authorize payments from the fund by warrants signed by the chairman and the secretary of the bBoard. (d) To interpret the provisions of this article where the meaning is not clear or ambiguity exists; and to promulgate necessary rules respecting the operation of the (Fund, or elections of trustees, not in conflict with the wording or clear intent of this article. In the event of any conflict, the provisions of Chapter 185 of the Florida Statutes shall prevail. (e) To authorize expenditure in connection with preliminary research, technical services, legal services and accounting services, to contract for employees necessary to the general administration of the (Fund and to employ legal counsel and auditors necessary to the proper administration of the (Fund. Section 5: 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 6: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 7: This Ordinance shall take effect immediately upon approved. SIGNATURES ON FOLLOWING PAGE 3 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2006 APPROVED: Z_i I 1" Reading — (for ordinances only) 2nd Reading — (for ordinances only) COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: C: (Documents and SeuingsISRothsteinUdy DocumentsTeso- OrdISMPP ORDNBOARD MAKE UP. doc 11 South Miami bftd NAairaicaCAy N-••` o CITY OF SOUTH MIAMI , �c 19270 OFFICE OF THE CITY MANAGER o Rt 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, Director Public Works & Engineering Department Date: September 5, 2006 Agenda Item No.: Subject: Construction Contract with Homestead Concrete & Drainage, Inc. for construction of Church Street Improvements — Phase III. 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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CHURCH STREET IMPROVEMENTS — PHASE III CONSTRUCTION IN AN AMOUNT OF $243,172.23 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT NUMBER 106- 1724 - 541 -3454 AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT WITH ACCOUNT NUMBER 106- 1712- 536 -6437; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute construction agreement with Homestead Concrete & Drainage, Inc. for the Church Street Improvements — Phase III. Reason/Need: To provide infrastructure improvements along Church Street from SW 68th Street to SW 66th Street. Cost: $243,172.23 Funding Source: Miami -Dade County OCED Grant Accouht -No. 106 - 1724 -541 -3454 and South Florida Water Management District Grant Account No.: 106-1712 - 536 -6437, with account balances of $170,730 and $23,800 respectively. The City's Community Redevelopment Agency (CRA) passed resolution number CRA 40 -06 -233 to fund $49,633 towards the project. Backup Documentation: ■ ■ ■ ■ ■ Proposed Resolution Bid Opening Report Tabulated Bids and Revision to Bid Form Quantities & Cost Certified Advertised Notice of Bid Invitation Copy of CRA Resolution No. CRA 40- 06=233 Copy of Section 00500 (Contract) of the Project Manual 1 2 3 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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CHURCH STREET IMPROVEMENTS — PHASE III CONSTRUCTION IN AN AMOUNT OF $243,172.23 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT NUMBER 106 - 1724 - 541 -3454 AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT WITH ACCOUNT NUMBER 106 - 1712 -536 -6437; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and_ City commission wishes to provide infrastructure improvements along Church Street Improvement from SW 68"' Street to SW 66th Street, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Homestead Concrete & Drainage, Inc. for the Church Street Improvements — Phase III project for an amount of $243,172.23. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute construction contract with Homestead Concrete & Drainage, Inc. for the Church Street Improvement — Phase III project in an amount of $243,172.23. Section 2: The project's construction cost shall be charged to account numbers 106- 1724 -541- 3454 and 106 - 1712 -536 -6437 with account balances of $170,730 and $23,800, respectively. Section 3. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY _-V2 +0 /J1 COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Church Street Improvements — Phase -III BACKGROUND & RECOMMENDATION City's Bid No. CI06 -0526 BACKGROUND: The proposed Church Street Improvements - Phase III is the third phase of the Church Street Infrastructure Improvement Master Plan. The construction project will consist of drainage system adjustments, roadway resurfacing, wider sidewalk, landscaping, streetlights and pavement marking. The improvements will be performed from SW 68th Street to SW 66h ' Street. After Public Works Department secured funding for the project, the project was immediately advertised in the Miami Daily Business Review on Monday, April 24, 2006. Four contractors submitted sealed bids for the project. The bids were publicly opened the last day of bid submittal (Friday, May 26, 2006) at 3:05pm. Since the bid opening, the Pubic Works Department's staff has tabulated the bids, reviewed and evaluated all bids, verified bid bond and discussed the project with the lowest responsible bidder (Homestead Concrete & Drainage, Inc.) to make sure the scope of work is clearly understood as designed and specified. Due to major increase in construction materials cost within the last 12 months, the lowest bid received was more than available budget. As a result, staff had to "value engineer" project by removing items such as, concrete pavers initially proposed at the intersections of SW 67th :Street & SW 59th Place and SW 66th Terrace & SW 59th Place. These changes reduced the construction post by $92,854.70. As a result, Homestead Concrete & Drainage's bid was reduced from $336,026.93 to $243,172.23. Attached is the Revision to Bid Form Quantities & Cost executed by all parties. This project will be funded through grants from Miami -Dade Office of Community & Economic Development (FY 2006 CDBG grant), South Florida Water Management District grant and the City's Community Redevelopment Agency (CRA). CRA already passed 'resolution number CRA 40 -06 -233 to contribute $49,633 towards the construction project. The grant accounts' balance, before this request and amounts to charge per this request are: Account Nos. Current Balance Requesting Amount 106 - 1724 -541 -3454 $170,730.00 $17,0,730.00 106 - 1712 -536 -6437 $23,800 $22,809.23 610- 1110 -513 -6340 $49,633.00 $49,633.00 RECOMMENDATION: It is recommended that the City Commission approve the resolution. BID OPENING REPORT Bids were opened on: Friday, MU 26 2006 at: 3:05pm For: Church Street Improvements — Phase 3 ( 006 -0526) Pre -Bid Estimate: $220,000.00 CONTRACTORS: BID AMOUNTS: 1. Williams Paving Co. 3s3 2. Homestead Concrete & Drainage. ?j -2j, 3. T.J. Pavement Corp. Q -9j , g 3 c.} 4. Development Group & Communication of Florida, Inc. 47 3 (, q S ' cu/ 5. The Redland Company. 1\10 19-"1 1) 6. Budget Construction N o 61-D 7. Horizon Contractors No 61 D 8. DACA Environmental, Inc. lJ D P, / ID 9. US Bridge & Dredge ►J C) t 1) THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk's Sig ! ' yr Witness:ti Witness: M N t IL r Z �0 E N 7 oIL CL 0 EU to g as W V 7 t U O O N V O O Z vm � y CL< O U L C ( d E° 0 0 r C O7 C IL h E R 3 O. C d E to IL ad w V C 0 U a ca w d E 0 �., �. = p 0M 0 O M O r t ° ° ° O ° 0 0 0 0 0 0 = ° r r ♦ ♦` O O r r 0 0 O O 0 O O 0 O O 0 O O O O O O O = 0 r O V V O O M M O C:i O O O O O O O O W 0 0 ° V N 0 C CO V 0 N N O O O O O 0 0 O O 0 O 0 to V Vi 0 0 t to t to t f9 G G%i E N H Hi t to t to q q M M t to t � V t0 " "�t M M M M t t0 O O O O O O M M O O t to e to f Erg E E9 t Vi t to � EM9 t to w wil V V! 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M M t a w w W W W W X X X X X X W W W W W W W � � � � � a a J J J J J J J J U Ut U Ut U Ut U Ut D V t+7 9 O d W W IL CHURCH STREET (SW 59TH. PLACE) IMPROVEMENTS - PHASE 3 BID NO. CIOS -0526 REVISIONS TO QUANTITIES AND COST .August 14, 2006 Item Description unit Quantity Bid Unit Bid Cost Quantity Cost Revised No. Cost Revision Revision Total Cost 1 Demolition, removal and disposal of SY 800 $13.86. $11,088.00 0 $0.00 $11,088.00 existing sidewalk 2 Demolition, removal and disposal of LF 1200 $7.35 $8,820,00 0 $0.00 $8,820.00 existing concrete curb & gutter 3 Pavement Milling (depth varles - 2" SY 2150 $8.00 $17,200.00 0 $0.00 $17,200.00 max.) Clearing and grubbing, including 4 demolition, removal and disposal o LS 1 $4,500.00 $4,500.00 0 $0.00 $4,500.00 edisting pavement new curb & gutter line 5 1" Type S -3 Asphalt(Including SY 2150 $9.95 $21,392.50 0 $0.00 $21,392,50 Pavement Marking Replacement) 6 Sack of sidewalk area restoration LS 1 $3,360.00 $3,360.00 0 $0.00 $3,360.00 (sod or asphalt) 7 Type "F" concrete .„ urb and gutter, LF 1200 $13.86 $16,632.00 0 $0.00 $16,632.00 Concrete Sidewalk (4" Thick, 6" at driveways). Including subgrade 8 prep,driveways, dnDp curbs,handicap SY 800 $54.25 $43,400.00 0 $0.00 $43,400.00 ramps, sidewalk:; finishes, and providing and resetting water meter boxes as necessary. �ehicular Brick Pavers with 2 "(ASTRI 01272 -TYPE F) 9 Herringbone pattern, color #30103 SY 410 $50,00 $20,500.00 -410 ($20,500.00) $0.00. (Terracotta pattern angle: 45 degree to road alignment 10 Miscellaneous concrete SY 8 $157.00 $1,256.00 0 $0.00 $1,255.00 11 Light Pole (Relocate) EA 1 $3,150.00 $3,150.00 0 $0.00 $3,150.00 12 Drop Inlets EA 4 $1,680.00 $6,720.00 0 $0,00 $6,720,00 13 Manhole Top Replocements EA 4 $525.00 $2,100.00 0 $0.00 $2,100,00 14 12" Corrugated Pipe LF 20 $98.17 $1,963,40 0 $0.00 $1,963.40 15 Bidirectional Reflective Pavement EA 18 $5.50 $99100 0 $0.00 $99.00 M rking 16 12" Solid White Th�,rmoplastic Stripe LF 30 $2.87 $86.10 0 $0.00 $85.10 17 6" Double YelloN Thermoplastic LF 300 $1.52 $456.00 0 $0.00 $455.00 Stripe 18 24" Wide White Thermoplastic Stop LF 45 $5.19 $233.55 0 $0.00 $233.55 19 Sign (Relocate) EA 4 $192.50 $770.00 0 $0.00 $770.00 Z0 39dd =dDNOD GV31S3WOH 09968PZSOE 9t?.9Z 900Z/EZ/80 CHURCH STREET (SW 58TH. PLACE) IMPROVEMENTS - PHASE 3 BID NO. CI0S -0526 REVISIONS TO QUANTITIES AND COST August 14, 2006 Item Description Unit Quantity Bid Unit Bid Cost Quantity Cost Revised No. Cost Revision Revision Total Cost Install underground electrical conduit 20 for proposed FPL lighting system LF 1200 $30.00 $36,000,00 - 1,20? $0.00 $36,000.00 under pavement 21 Install pull boxes for proposed FPL li htin q system EA 2 $1,400.00 $2,800.00 -2 $0,00 $2,800.00 22 Furnish and install Prefabricated benches EA $ $2,.200.00 $11,000.00 -5 11,000,00 ($ ) $0,00 23 Furnish and install litter receptacle EA 4 $1,600.00 $6,400,00 4 ($6,400.00) $0.00 24 Furnish and install Centered Canopy EA 1 $10,000.00 $10,000.00 -1 ($10,000,00) $0.00 Furnish and instaall Wax Jasmine .26 ,(Soil & mulch Is included in plant EA $58 $12,00 $7,896,00 -658 ($7,896,00) $0.00 cost) Furnish and install Key Thatch Palm 26 (Soil & mulch is included in plant EA 22 $423.50 $9,317.00 -22 ($9,317.00) $0.00 cost) Furnish and install Silver 27 Bottonwood (Soil & mulch is EA 39 $245,30 $9,566.70 -39 ($9,566.70) $0,00 included in plant cast) Furnish and install Spanish Stopper 28 (Sail & mulch is included in plant EA $0 $201,28 $6,038,40 -3p ($6,038.40) $0.00 cost) Furnish and Install Florida Thatch 29 Palm fires (Sall & mulch is included EA 20 $574.33 $11,48610 -20 ($11,486.80) $0,00 in plant cost) Furnish and I istali complete 30 irrigation system. Including MDWASO meter installation charge L5 1 $20,603.00 $20,603.00 0 $0.00 $20,603,00 and associated coordination Dust Control (Phis activity to be done 31 everyday for the duration of the LS 1 $7,000.00 $7,000.00 0 $0.00 $7,000.00 project) Maintenance of Traffic, including traffic control; pedestrian and 32 vehicular access, signs, barricades, LS 1 $16,500.00 $16,500.00 0 $0.00 $16,500.00 flaggers, and off -duty police officer, as required by Engineer andlor City 33 Performance and payment Bond LS 1 2% $6,392.68 D $0.00 $6,392.6$ .54 South Miami Project 8ig.n'(F &4); EA 2 $650.00 $1,300.00 -1 ($850,00) $650.00 35 Contingency LS 1 $10,000.00 $10,000.00 0 $0,00 $10,000.00 TOTAL COST: $336,026.93 492,854.70 $243,172.23 ACCEPTED BY CONTRACTCIR; Homestead Concrete, Inc. Date Contractor Dat Engineer City Data Z0 30Vd 313�13NOD GV31S3WOH 09968t?Z906 9t?:91 900Z/6Z/80 WWI MIAMI DAILY BUSINESS REVIEW PubligW Daily except SatLuday, Sunday and Legal Holidays Mlami, MiamfDade County, Florida STATE OF FLORIDA COUNTY OF MiAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she Is the SUPERVISOR, Legal Notices of the Miami Daily Business Review Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI BID INVITATION NO. C106 -0526 in the X)= Court, was published in said newspaper in the issues of ' 04/24/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period -of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the.purpose of securing 5jp advertj�e�}ant for publication in the said newspape Sworn to and subscribed before me this 24 day of APRiL , A.D. 2006 (SEAL) O.V. FERBEYRE personally known me H �' Corrinuslon ya Expires July 113: 2008 Y ~Qai i :.4 �:... Inca NOT[CE . 41 CITY OF SOUT1.11U11;'B!D NO C1064526 `of'Sd`utlr' iivair�® ce�riea��tlproPosalsentf130 (f�:M: i `ihaC(lji ,local= �ir`(ie Fi'ltley;•RA °��t:tlie'Lwderks office, South h}liami #lalb -fi10 Sansei Drive; °Soutfi'Mietfii; Florida °3$l!43, "foi:ths' - t 4 ::'�':L•w ^. 15 .:iLZi> r;i;.:':1K i:a Fri} =a ;i - ? 's ' CHURCH STREET S�fY:'5!i'i�1 iMPROVEIIeEMTS- PHASE SFROM S W(:Bi3TH'STR O $:tAItf i1$3 BEET �t i ai r: l Tfie; prbj6bt=coiis#sts'vf 'fhe''re4s:: bf'poilori`s: o S11G 59th :Place, all within the Cio' -SO1W ft}1i ProJei elements include 'dra nageEsidewwks, paving' landscaping '_electriCalnirrigation and street. '. flimlture: :..h:. the U.S A portion of this•project will ba=ieerglly "&sslefe¢ °tF►rOUg Department of.�m new , omiC Qevalopnrent Administration; and,: w f: A otf}ei' E9derR�t ' _ d` .biddbrg must c8mpiy.`with I?reslpeiitF Fz§ irc)er 1' 604. the ftie Davis. 'r Fait 5; ` land /Crib tOci Bai!{c` ase>tife8>tijr'CFR �4' • �ja ':jFj�rti�Ct °iihforK'lirytirs arid�Ss4eCit 'Sfandepid�l\'G�'as tfil'fsdera ` suQl?� b', 2l3 CFR Part 5, and *all otfiera)�i6" .,;y • ,�•: arttllcssari Fgqa .8 Z: - calfed:io fact that-13p. s 'rirliages•as set foittr In the'Contractz� g p) .fir`• . s. •�:? :r .._... •. applicants, for Bra�nof • lieaarse of race, colo�',pj n 35 .:ga ri' ` et�3"0"s iili o&Y May; Bidsvuttftieo�ed )Siibl`ic�tor•eEiS � ,. 26, 2006 at the &outli i! ft y 0811!! ! re• 613b Sunset Drr4 *South f A(2iMI'�l a 33f+ Bld.dopuirfents in4y ba obtaMetl o(i,or_aftsr Monday;,Aprll 24,2006 irorr� rtSL�tirialtytii�r k 'otffee,6130ririsetDrive;SouttY` Mii� 33 - O eori= reiundabfe d9posif peg sst b# pleng g�} BCAnC># r1S Y9QZf . < A- 01' . is = +i :.. -:i, x'°'hi'"�`'•�z¢F' -ii:. "lrl:'r. ,, _� �. ^�.:- r,ti j�'v•'.. `�.�;7} " f _ ''' }TttB' i' vn' tJtie' atiAldrdeiif0 'thelOY�esifespoitsib� I!¢p`�[}-- �dddi}f it,: �o`vi� vet; °the�Cily:INanagei' de9rtis if'to b'e iriihe fs 'hi Ys�.')fte art"dS aU ti ds; iVVaCvd" any irrioimalities°an iecrease bi tip ®)rease'.41 e i gbantihes shown In the Bid Form. whreti o% ari -fi�irl a ' b'r "e(egisd as •Bidd; contain irregularities' "!!Y`.. '::•.:.: - A non - mandatory pre -tiid co<iference will of Sontfi Miami City:; Hell, City Commission Chamber : 6130. Suriset Dripe,: South Miami,: Flod"- 33145 ;_ at 2;00 -PM .I.6W . tl ekbp. Ttjur6da -, Ma 18' 20D6: All interastedcontrac4orsareltDriteiiioatteytitt ° °;,;s' " Tare" ifji ofi`SoiaiFi", M is'` ai 'gi)81:�pgopfi!nr aril eiiCQi�t Ageglhe parbclpion iii cerUfiei! Black NiBEisctors Maria M. Menendez, CMC City Clerk W4 = - O6 B- 03/86925GM RESOLUTION NO. CRA 40 -06 -233 A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO CAPITAL IMPROVEMENTS; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $49,633 TO HOMESTEAD CONCRETE AND DRAINAGE INC. AS A MATCHING FUND CONTRIBUTION FOR PHASE III CONSTRUCTION OF THE CHURCH STREET IMPROVEMENT PROJECT AND CHARGING THE AMOUNT TO ACCOUNT NO. 61- 1110 - 513 - 63400INFRASTRUCTURE /CONSTRUCTION /STREET BEAUTIFICATION ACCOUNT) AND AUTHORIZING A BUDGET TRANSFER IN. THE AMOUNT OF $159000 FROM ACCOUNT NO. 610 -1110- 551 -9931 (MOBLEY BUILDING RENOVATION ACCOUNT) TO ACCOUNT NO. 61- 1110 -513 -6340 (INFRASTRUCTURE / CONSTRUCTION/ STREET BEAUTIFICATION ACCOUNT) TO FACILITATE PAYMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 59P Street (Church Street) Streetscape Improvement Project is a capital improvement initiative supported by Miami -Dade County's Office of Community and Economic Development (OCED) Community Development Block Grant (CDBG) funds; and WHEREAS, The project consists of infrastructure improvements along Church Street including new sidewalks, improvements to the existing drainage system, additional landscaping, newly installed irrigation, roadway resurfacing, traffic calming elements and new pavement markings; and WHEREAS, Phase II construction of the project has now been completed; and WHEREAS, At this time, the SMCRA has been requested to disburse $49,633.00 as part of their matching fund contribution for Phase III construction of the project which will include streetscape improvements along 59th Place from SW 68P Street and SW 66th Street; and WHEREAS, the Public Works Department intends to award the project to the lowest responsive bidder, Homestead Concrete & Drainage Inc. based on a project bid of $243,172.23 WHEREAS, the total amount of $49,633 will be charged to Account No. 610- 1110 -513 -6340 (Infrastructure /Construction Expenses /Street Beautification Account); and WHEREAS, the current available balance in Account No. 610 - 1110 -513 -6340 is $34,633; and Pagel of 2 CRA 40 -06 -233 WHEREAS, In order to initiate the above referenced funding disbursement, a budget transfer in the amount of $15,000 will be required from Account No. 610 -1110- 551- 9931 (Mobley Building Renovation Account) to Account No. 61 -1110 -513 -6340 (Infrastructure /Construction/ Street Beautification Account). NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MLMVII, FLORIDA THAT: Section 1. The South Miami Community Redevelopment Agency authorizes the Executive Director to disburse funding in the amount of $49,633 to Homestead Concrete & Drainage Inc. for Phase II Construction of the 59th Street Improvement Project. Section 2. The South Miami Community Redevelopment Agency authorizes the Executive Director to initiate a budget transfer in the amount of $15,000 from Account No. 610 - 1110 - 551 -9931 (Mobley Building Renovation Account) to Account No. 61- 1110 -513 -6340 (Infrastructure /Construction/ Street Beautification Account) to facilitate payment. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14 day of August, 2006. ATTEST: APPROVED: SECRETARY C11AIRPERSON READ AND APPROVED AS TO FORM: Board Vote: 6-0 Chair Feliu: absent Vice Chair Wiscombe: Yea Member Palmer: Yea Member Birts: Yea Member Beckman: Yea Member Ellis: Yea Member Williams: yea JAMy DocumentACRA RESOLUTIONS 2006\CRA Reso Homestead Concrete & Drainage (Church Street)(08 -14 -06 meeting).doc . Page 2 of 2 PROJECT MANUAL FOR Church Street (SW 59th PQ Improvements - Phase 3 S.W. 68th Street to S.W. 66th Street A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT — FY 2005 City of South Miami City's BID No. CI06 -0526 "Excellence, Integrity and Inclusion" South Miami AHMNIUCIy 11111F 2001 CITY COMMISSION: Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: City Manager: City Attorney: City Clerk: Director of Public Works: Horace G. Feliu Randy G. Wiscombe Velma Palmer Marie Birts Jay Beckman Yvonne Soler - McKinley Luis Figueredo Maria Menendez W. Ajibola Balogun, REM April 2006 WHS Project No. 5734.00 Prepared By: Williams, Hatfield & Stoner, Inc. Falcon & Bueno 9600 NE 25h Street, Suite 3-F 2655 LeJeune Road, Suite 557 Doral, Florida 33172 Coral Gables, Florida 33134 Authorization No. 26 License No. P000039 SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this_ day of , 20 , A.D. by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and , party of the second part (hereinafter sometimes called the "Contractor "). WHEREAS: Miami -Dade County through its office of Community Development has entered into a contract with the Owner, and WHEREAS: the Owner desires to engage the Contractor to perform services as stated herein: WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Project Manual entitled: CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS — PHASE 3 (S.W. 68TH STREET TO S.W. 60 STREET) as prepared by Williams, Hatfield, & Stoner, Inc. acting as, and in the Contract Documents, entitles the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part, of these Contract Documents, the aggregate amount of this Contract is the sum of Dollars ($ ). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than. One Hundred & Twenty (120) calendar days after the commencement date established in the Notice to Proceed. 00500 -1 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the items of this Contract and/or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Project Manual covering said work; and the Owner may require the Contractor and/or his insurer to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and/or services which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and/or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his insurer, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or ay authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the, Owner will retain as liquated damages the amount of One Thousand Five Hundred dollars ($1,500.00) per calendar day for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damage sustained by the Owner in the event of such default by the Contractor. 00500 -2 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. Within 60 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN B0 UNITY AND ATTORNEY'S FEES The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. 00500 -3 1.09 MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceeding by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the circuit court for the 11`' Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 1.11 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Church Street Improvements — Phase 3 — City of South Miami, City's BID No.:CI06 -0526 " and all attachments in the Manual and the Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the documents. 1.13 TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Sub - Contractors (page 00300 -4) of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors or omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 11 or - 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. B. The Contractor agrees to include in the first -tier subcontracts under this contract a clause substantially the same as subparagraph 14.A. above. "Subcontract." as used in this clause, excludes purchase order not exceeding $10,000. C. The right to access and examination of records in subparagraph 14.A. shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting from the professional services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statues chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.16 SEVERABILITY Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 1.17 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and Contractor has not, and will not, pay a fee the amount of which is contingent upon the City awarding this contract to Contractor. B. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami conflict of interest and code of ethics ordinances. C. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Contractor. 00500 -5 1.18 WARRANTY OF AUTHORITY The signatories to this contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. 1.19 INDEPENDENT CONTRACTOR The contractor is furnishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer- employee relationships. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. (Seal) Attest: City Clerk WITNESS: (If corporation, attach Seal and attest by Secretary) APPROVED AS TO FORM AND LEGALITY: City Attorney City of South Miami City of South Miami, Party of the First Part By: City Manager Contractor Party of the Second Part La Title ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. 00500 -6 South Miami Alf0ditaC14l -� CITY OF SOUTH MIAMI 1111. � INCORPORATED � 1927 OFFICE OF THE CITY MANAGER � O ItY9 INTER - OFFICE MEMORANDUM.: Zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: September 5, 2006 Agenda Item No.: Subject: Approval of Professional Service Work Order:' Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. (SFRC &D) FOR PROFESSIONAL ENGINEERING SERVICES, TO INCLUDE, REVIEW OF EXISTING TOPOGRAPHICAL SURVEY, ENGINEERING DESIGN, PREPARATION OF CONSTRUCTION PLANS, DESIGN 'PERMITTING, BIDDING AND CONSTRUCTION PHASE MANAGEMENT SERVICES FOR THE BROAD CANAL SHORELINE STABILIZA`T'ION PROJECT (NRCS FUNDING AGREEMENT NUMBER 69- 4209 -6- 1667), IN AN AMOUNT OF $86,233 TO BE CHARGED TO NRCS DISASTER RELIEF FUNDING ACCOUNT NUMBERS 106 - 1713 -536 -34$0; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to approve professional service work order for Broad Canal Shoreline Stabilization engineering design. Reason/Need: As a result of last year's Hurricane Wilma disaster, the Broad Canal shoreline was damaged. To repair the- the United States Department of Agriculture, through the 'division of Natural Resources Conservation Services (NRCS) approved our request for assistance to repair the shoreline. To secure professional services for the engineering design of the shoreline, we are "piggybacking" on our January 8, 2004 professional service agreement with South,; Florida Resource Conservation & Development Council, Inc. (SFRC &D). — SFRC &D performed a similar scope of work as part of their 2004 agreement and they intend to honor the same professional service rates as the previous agreement. In addition, as part of our funding requirements from NRCS, we are required to complete Construction design plans by the first week in October (in approximately 5 week). As a result, it is our recommendation to continue the services of SFRC &D for this canal rehabilitation project. Cost: $86,233.00 Funding Source: Account No. 106- 1713 -536 -3450 Backup Documentation: ® Proposed Resolution ❑ SFRC &D's proposal for Professional Services Q SFRC &D's Professional General Service Agreement (dated January 8, 2004) 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 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. (SFRC &D) FOR PROFESSIONAL ENGINEERING SERVICES, TO INCLUDE, REVIEW OF EXISTING TOPOGRAPHICAL SURVEY, ENGINEERING DESIGN, PREPARATION OF CONSTRUCTION PLANS, DESIGN PERMITTING, BIDDING AND CONSTRUCTION PHASE MANAGEMENT SERVICES FOR THE BROAD CANAL SHORELINE STABILIZATION PROJECT (MRCS FUNDING AGREEMENT NUMBER 69- 4209 -6- 1667), IN AN AMOUNT OF $86,233 TO BE CHARGED TO NRCS DISASTER RELIEF FUNDING ACCOUNT NUMBERS 106 - 1713 - 536 -3450 ; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of SFRC &D, to provide review of existing topographical survey, prepare engineering design plans, preparation of construction plans, obtain permit, provide bid and construction phase management services for Broad Canal Shoreline Stabilization project; and WHEREAS, the professional service will be funded through the United State Department of Agriculture, through the division of Natural Resources Conservation Services (MRCS) account number 106 - 1713 - 536 -3450 with an account balance of $600,000.00 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a professional service work order with SFRC &D in an amount of $86,233.00. Section 2: The professional service will be funded through the United State Department of Agriculture, through the division of Natural Resources Conservation Services (MRCS) account number 106 - 1713 - 536 -3450 with an account balance of $600,000.00 before this request. Section 3: The professional service work order shall be made part of this resolution. PASSED AND ADOPTED this day of , 2006. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Broad Canal Shoreline Restoration Project Proposal City of South Miami, Florida 08 -11 -06 SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT 4R ' @ COUNCIL, INC. C 15600 SW 288th Street Suite 402 Homestead, FL 33033 -1239 Phone: (305) 246 -4319 Fax: (305) 245 -2473 www.sfrcd.org Proposal For: Broad Canal Shoreline Stabilization Project The South Florida Resource Conservation and Development Council, Inc (SFRC &D) is pleased to provide, to the City of South Miami, our proposal for project management and professional engineering services for the Broad Canal Shoreline Stabilization Project. Our proposal outlines and describes the scope of work to be performed for the current and potential erosion problem areas located at this site. This stabilization work was made necessary by the effects of Hurricane Wilma. The SFRC &D, a non - profit licensed engineering corporation offers competitive engineering and project management services to government agencies and taxing authorities in Florida. Our qualified staff has experience in similar repair and mitigation projects that will allow this project to be up and running in the shortest possible timeframe at the lowest cost. The SFRC &D is prepared to provide complete "turn -key" project management services to the City of South Miami in order to minimize the timeframe required to complete the work. It is assumed that the construction portion of this project will be performed under a City of South Miami contract but that the SFRC &D will provide on -site construction management and project management services through out the entire construction period for quality assurance purposes. 1.0 PROJECT OBJECTIVE The objective of this project is to provide the survey, geotechnical investigations, engineering design, permitting application preparation assistance, construction document preparation and bidding, construction management, and overall project management and contract administration services to the City of South Miami in order to accomplish cost effective shoreline stabilization for the effected Broad Canal shoreline. The presently destroyed shoreline is a potential personnel hazard due to the presence of large overturned Australian pine root balls along most of the effected shoreline in the vicinity of Brewer Park. EXHIBIT "1" 1 of 6 Maio n .Wgoo&du.i#khappewiwBrowcwd,,, Mca�- Dade�a t&Mo-vravcou*itL,e :.. Broad Canal Shoreline Restoration Project Proposal City of South Miami, Florida 08 -11 -06 2.0 SCOPE OF SERVICES The following is an outline of the tasks required to complete the work on this project. TASK I: Review the Existing Topographic Survey information of the Broad Canal shoreline area: • The SFRC &D will review the existing topographic survey information available of the Broad Canal shoreline area for use in completion of the Engineering Design required to complete the stabilization work. • Provide viable erosion control and shoreline stabilization alternatives for consideration and decision by the City of South Miami Public Works Department. • Participate in community and /or City of South Miami meetings upon request. • SUBMITTAL. At the completion of TASK 1, the SFRC &D shall submit the following to the City of South Miami Public Works Department: 1. Conceptual Approach Typical Section Drawings of viable erosion control and shoreline stabilization alternatives for consideration by the City of South Miami Public Works Department. NOTE: The City of South Miami will provide SFRC &D existing boundary survey information recently obtained by the City's Parks Maintenance Supervisor. TASK 11: Perform the Engineering Design and Prepare Construction Plans The SFRC &D will prepare and submit 60% and 100% Engineering Design and Construction Plans in accordance with the City of South Miami Public Works Department selected alternative(s). The SFRC &D will submit final approved plans, signed and sealed by a Florida Registered Professional Engineer. Federal, state and local government regulations shall be considered in the development and design of all shoreline stabilization methods, specifically, the Florida Administrative Code Rules 62- 312.440 and 18 -21 and other applicable administrative codes. These plans shall be prepared in AutoCAD software on 24x36 size sheets at standard engineering scales. The plans will include but not be limited to the following: -Cover sheet -Key Plan sheet - Legend /Symbols /Index Sheet - Engineer's General Notes sheet -Plan views EXHIBIT "1" 2of6 Ma goo&thivWhappo ,Lwar'o-w"d,, Mia. wcv- 't�ade�av►d�Movuro�couv�t'� .. Broad Canal Shoreline Restoration Project Proposal City of South Miami, Florida 08 -11 -06 - Cross- Section views - Shoreline Repair Details - Engineer's Opinion of Construction Cost SUBMITTALS: -(2) Black line hardcopies (24x36) of the 60% plans (includes cover sheet, key plan, legend /symbols /index sheet, general notes, and plan views) to the City of South Miami Public Works Department for review and comment. -(2) Black line hardcopies (24x36) of the 100% plans (includes profile /section views and construction details) to the City of South Miami Public Works Department for review and comment. -(3) Signed and sealed (2436) final approved 100% plans to the City of South Miami Public Works Department. -(1) CD containing an electronic copy of the final approved plans to the City of South Miami Public Works Department. Task III: Prepare Pennit Application Documents a) Prepare and submit, on behalf of the City of South Miami Public Works. Department, required permit applications to the appropriate regulatory agency(s). It is to be assumed that the SFRC &D and the City of South Miami Public Works Department will work together on the preparation and submittal of any applicable permit application documents. It is also to be assumed that the costs for any such permits will be paid directly by the City of South Miami. b) Review of the NRCS Agreement with the City of South Miami as their approval may be needed. Task IV: Conduct the Bidding & Award of the Construction Contracts) a) Prepare an Engineer's estimate of the total construction costs for the project. b) Prepare the bid package /construction contract/technical specifications and submit to the City of South Miami Public Works Department for review and approval. c) Advertise for bids d) Conduct a pre -bid conference. e) Prepare addenda to bid documents, as required. EXHIBIT 661" 3 of 6 Ma de ha�pP,vv%vv�ivcnva� -cL, MLavvt.& -Dad. a ,L&Mo wovCo,utitk.. Broad Canal Shoreline Restoration Project Proposal City of South Miami, Florida 08 -11 -06 f) Conduct the bid opening. g) Prepare the bid tabulation, evaluation and recommendation for award to the City of South Miami Public Works Department. h) Prepare and issue the Notice of Award and Authorization to Proceed documents. i) Deliverables to the City of South Miami Public Works Department: • (2) Hardcopies and (1) electronic copy of the bid package material in Excel and /or Microsoft Word format (8.5x11). The issuance of bids and the award of the contract will be performed directly by the City of South Miami Public Works Department with the assistance of the SFRC &D. Task V: Construction Manauement & Contract Administration The construction management and contract administration task shall consist of the general administration of the construction contract(s), general construction management and oversight and inspection of the selected works of repair or improvement. The following is a listing of subtasks that will be performed under this task: a) Conduct a pre - construction conference. b) Perform daily construction inspection of the work site. c) Conduct periodic progress meetings, as requested by the City of South Miami Public Works Department and prepare reports of each meeting. d) Prepare change orders and design modifications as required and approved by the City of South Miami Public Works Department. e) Review and process contractor's applications for payments (i.e. progress payments). f) Review as -built information, provide as -built drawings and project closeout documentation upon completion of the construction work. The issuance of payments to the Contractor for construction will be performed by the City of South Miami with assistance by the SFRC &D. These payments are not to be part of the fee compensation specified below. 3.0 FEE COMPENSATION TASK 1 FEE (NOT TO EXCEED) ....................... ............................... ......................$8,948.00 TASK II FEE (NOT TO EXCEED ) ........................... ..................... .....................$28,492.00 TASK III FEE (NOT TO EXCEED) ..................... ............................... ......................$4,296.00 TASK IV FEE (NOT TO EXCEED) ...................... ............................... ......................$8,888.00 TASK V FEE (NOT TO EXCEED) ...................... ............................... .....................$35,609.00 EXHIBIT "1" 4 of 6 M��aacL�h�ppP,wiw$vawalrcL, Mw new- tDadeav& Monroe/ Co,cmrtea:.. Broad Canal Shoreline Restoration Project Proposal City of South Miami, Florida 08 -11 -06 TOTAL FEE COMPENSATION FOR TASKS I THRU V (NOT TO EXCEED)... ...............$ 86,233.00 4.0 PERIOD OF PERFORMANCE The SFRC &D shall begin work upon receipt of a written notice to proceed, pursuant to the execution of a mutually agreed upon Working Agreement between the SFRC &D and the City of South Miami Public Works Department. The SFRC &D will provide a project schedule for the outlined services. The SFRC &D will complete the project in conformance with all local, state and federal agencies having jurisdiction. The SFRC &D will pursue the work diligently and provide sufficient staff to supervise the completion of the work in accordance with the approved project schedule. The SFRC &D shall provide a timeline for the completion of all work related to this project which will assume that the notice to proceed shall occur on or near August 14, 2006 and that all work shall be completed no later than January 2, 2007. 5.0 CLARIFICATIONS, EXCLUSIONS AND LIMITATIONS a) Preparation of maintenance of traffic plans is not included in this proposal and will be the responsibility of the construction contractor. b) Please note that TASK I & II should be completed so that the engineering design plans produced can be used to apply for the required regulatory permit(s). c) Typical out of pocket expenses such as the cost of local transportation, long distance telephone, postage and shipping and internal printing and reproduction are included in the fee schedule. Printing for permitting through regulatory agencies and for the bidding and construction management phases is included in our fee. Costs of overnight mail or courier services are included in our fee. d) The SFRC &D will expedite the work to minimize the cost and complete the work in timely manner. It is to be noted that the survey document review must be completed before the design work can commence. It is to be understood that if a major storm event should occur, there may be the need for additional survey work to account for a change in conditions that would impact the design work based on the initial survey. Any such re -survey work is not included in the not -to- exceed cost estimate provided in this proposal and would be handled on a case -by -case basis. EXHIBIT 66V 5 of 6 Mak,%ncW t Wh,appe*v"v 3rawa.rcL, Mi mull v -(Dade a 'L&Maywc e,C,ac *WLea:.. Broad Canal Shoreline Restoration Project Proposal City of South Miami, Florida 08 -11 -06 6.0 ADDITIONAL SERVICES Should additional work be required beyond the scope of services outlined above, such shall be considered additional services. When additional services are required, they shall be invoiced as per the Schedule of Billing rates provided in this proposal. SFRC &D Billing Rates LABOR CATEGORY HOURLY RATE Project Manager (P.E.) $100.00 Senior Engineer (Civil) $90.00 Project Engineer $84.00 On -site Const. Mgr. $52.00 CAD Drafter $59.00 Financial Management/Contract Specialist $47.00 Administrative Assistant $37.00 SFRC &D Standard Charges (For Additional Services Only) Photocopies $0.10 ea. Blueprints @ cost Bond Plots $3.50 ea. Vellum Plots $7.50 ea. Mylar Plots $12.50 ea. Color Plots (size up to 36x48) $23.50 ea. Color Copies @ cost Courier @ cost Express Mail (overnight) @ cost Out -of -Town Travel Expenses @ cost Billing rates and standards charges shown above are In effect until December 2006, and are subject to revision thereafter. EXHIBIT 941" 6 of 6 Mak.% vt��Cx rcLt- ha�pevi,%vi.�iro�,af -cL Mia. rni.- teac�Za .vu�LMovuro�Co-uvLtF,�:.. r s PROFESSIONAL SERVICE AGREEMENT ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE BROAD CANAL IMPROVEMENTS PROJECT ln• THIS AGREEMENT made and entered into this day of 200O' by and between the CITY OF SOUTH miAlvll; a political subdivision of the State of Florida, referred to as the "CITY" and SOUTH FLORIDA RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL INC., authorized to do business in the State of Florida, referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this agreement; the CITY agrees to employ.the CONSULTANT for a period ending on 6C-e- • Of . 2004 and the CONSULTANT agrees to perform all professional services in connection with the WORK, as described herein or as specified in EXHIBIT "A -1" to this agreement and incorporated herein by reference, in connection with the BROAD CANAL IMPROVEMENTS project. SECTION 1- GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as specified in paragraphs 13 Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required, may also be the subject of a notice to proceed. 1.2 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.3 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed 1.4 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required 1.5 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.6 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SERVICES 2.1 General Engineering Services The professional services to be provided by the consultant are as follows: A Canal sediment testing and field survey. B. Engineering design and construction plans preparation C. Permitting. D. Bidding and Construction Phase Management services. E. Other incidental services associated to the above items. Refer to EXHIBIT "A -1 ". 2.2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6 or as described in EXHIBIT "A-I" to this agreement. The scope outlined below or as specified in'T —N BIT A -1" is applicable in its entirety to projects for which completed Basic Services are authorized Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional engineering services for any portion or all of the six Phases outlined below or as specified. in EXHIBIT "A-I,,. The CONSULTANT agrees to co- ordinate his effort with that of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK The lead CONSULTANT as designated by the CITY shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase I PrelimmW and Schematic Design: A The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY it in the CONSULTANTS opinion, the allocated funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the Program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. ■ Professional Services Agreement Engineering & Mgmt Services December 2003 Page 2 of 16 �k$ J D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow-up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. G The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such approval. R The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. L, The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if arty), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis of CONSULTANTS experience and qualifications and represent CONSULTANTS best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. I The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he shall not proceed with the next Phase until directed by the CITY. 2.2.2 Phase II — Studv and Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project If the Updated Statement • Professional Services Agreement Engineering & Mgmt. services December 2003 Page 3 of 16 of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III — Final Design / Construction Documents Develo ment A From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSn Standards and the City of South Miami Standard forms for the preparation of 'the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ('D" size), on the City's standard sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic formal but generally as follows: 1. Non-drawing submittals in Microsoft Office format; 2. Drawings in AutoCAD format. 3. CIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase K the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The. CONSULTANT shall not proceed with the fiuther development jmU approval of the 50% documents is received from the CITY The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CH Y. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated fiords, unless the CITY increases the total ■ Professional Services Agreement Engineering & Mgmt. Services December 2003 Page 4 of 16 allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the fiords available. G Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. K The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A The 100% complete Check set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall famish to the CITY a minimum of 30 sets of drawings specifications, for bidding purposes, unless instructed otherwise. I The CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents meet the necessary requirements to obtain all the necessary permits for construction. CONSULTANT shall respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV - Bidding and Negotiation Phase: A Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying. bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre - Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. . D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. approve the increase in Project Cost and award a construction contract or, ■ Professional Services Agreement Engineering & Mgmt. Services December 2003 Page 5 of 16 2. reject all bids and rebid the Project within a reasonable time with no change in the Project; or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project; or 4. suspend or abandon the Project, or 5. exercise all options under the City Charter and State Law. NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re -bids, and awarding the rebid of the project Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is over 15% of the CONSULTANT estimate. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V — General Administration of the Construction Contract: A The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CHY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. C. The CONSULTANT shall attend pre - construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK The CONSULTANT may be required to provide continuous daily on- site observations to check the quality or quantity of the WORK as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK He shall also note the general status and ■ Professional Services Agreement Engineering & Mgmt Services December 2003 Page 6 of 16 progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1. an evaluation of the WORK for conformance with the contract documents upon substantial completion. 2. the results of any subsequent tests required by the contract documents. 3. minor deviations from the contract documents correctable prior to completion and acceptance of the project H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed L The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. I The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. + Professional Services Agreement Engineering & Mgmk Services December 2003 Page 7 of 16 �, � , �. � �,� -,.gym �- •�:,�, -_ . �-, L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean-up of the project 2.2.6 Phase VI - Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall famish to the CHY reproducible record drawings undated based on information famished by the Contractor: such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier, and report any defective WORK in the Project under terms of the guarantee/warranties for correction He shall assist the CITY with the administration of guarantee/warranties for correction of defective WORK that may be discovered during the said period 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A Special analysis of the CHY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and famishing professional services of the type set forth in Basic Services as may be ■ Professional Services Agreement Engineering & Mgmt. Services December 2003 Page 8 of 16 required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. K Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract; providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I Maldng major revisions changing the Scope of a project; to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). I The services of one or more full-time Project Representatives, K Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment; except as otherwise required under Basic Services. M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. SECTION 3 - TEWE FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its Part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. SECTION 4 - BASIS OF CONWENSATION The CONSULTANT agrees to a "not to exceed" fee or a fined sum fee for each of the WORK assigned to him based on the Scope of such WORK The CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue oral authorization to the. CONSULTANT, with the understanding that written confirmation will follow immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2-Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods or a combination thereof as mutually agreed upon by the CITY and the CONSULTANT. ■ Professional Services Agreement Engineering & Mgmt Services December 2003 Page 9 of 16 A Multiple of direct salary expense: The "Not to Exceed" fee may be based on multiple of N/A times the salary rate, as determined from salaries reported to the Director of Internal Revenue, of the personnel engaged directly on a project, not to exceed N/A dollars per hour by either principals or employees. For the purpose of this agreement the following are to be considered as Principals: B.' A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY and the CONSULTANT: C. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept; for the services rendered pursuant to this Agreement, fees in accordance with those hourly rates as specified in EXHIBIT "A -1 ". Hourly rates will include all wages, benefits, overhead and profit. SECTION 5 - PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15% upon completion and approval of Phase L 35% upon completion and approval ofPhase IL 55% upon submittal and approval of 501/o complete drawings and outline specifications of Phase III. 75% upon 100% completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORK Phase V. 100% upon final completion and approval of WORK elements A and B of Phase VL The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: & Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. d Amount eamed e. Amount previously billed f. Due this invoice. • Professional Services Agreement Engineering & Mgmt. services December 2003 Page 10 of 16 g. Balance remaining h Summary of work done this billing period i. Invoice number and date. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6 - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under ,or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right. to arbitrate, by either parties, in accordance with the Industry Arbitration Rules of the American Arbitration Association. SECTION 7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of tins Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete, all of the above data shall be delivered to the CITY. SECTION 8 - COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9 - NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. ■ Professional Services Agreement Engineering & Mgmt. Services December 2003 Page 11 of 16 1 SECTION 10 - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11— SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee worldng solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee worldng solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or malting of this contract For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections of the WORK previously authorized in accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 - DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending December 30, 2004, although the actual completion of performance may extend beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY. SECTION 16 - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. ■ Professional Services Agmnent Engineering & Mgmt. Services December 2003 Page 12 ofI4 z SECTION 17 - INSURANCE AND INDEMNIRCATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANTS professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub - consultants, the registered professionals under this Agreement The CONSULTANT shall maintain during the term of this Agreement the following insurance: A Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if arty, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured and shall reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that CITY may have The CITY reserves the right to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. The CONSULTANT shall famish certificates of insurance to the CIS prior to the commencement of operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and ■ Professional Services Agreement Engineering & Mgmt Services December 2003 Page 13 of 16 classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement SECTION 18 - AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. SECTION 19 - CODES, ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a). SECTION 20 - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the City Commissioners. • Professional Services Agreement Engineering & Mgmt Services December 2003 Page 14 of 16 .j IN WITNESS VJ EREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein Authority of Resolution No. duly passed and adopted by the South Miami City Commission on it 0 , 2003 ATTEST: CITY OF SOUTH MIAMI 0220-:- City Clerk ATTEST: CONSULTANT: ss: Acknowledgement of City of South Miami COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day o 200A by 1N V--A- t ITV 1 S and 1}1n` A 191enrrt�r�City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI on behalf of the CITY, who are personally known to me. Notary Public, State of Florida Print name: /1, n A a e4o& --/�-v Commission No: R V OIP � :J- G. ALI ^.. ENOCAL OLIN .. G M f:V4MI;SION NUMBER CC985155 MY COMMISSION EXPIRES or Fl��~o pEC. 1,2004 ■ Professional Services Agreement Engineering & Mgmt. Services December 2003 Page 15 of 16 STATE OF FLORIDA ) ss: Acknowledgement of Consultant COUNTY OF DADE ) The foregoing instrument was acknowledged before me this sth day of -�.n 200j by Ir L ary 5 -F C C on behalf of the CONSULTANT. He is perso�lnown to me or has produced as identification A— I SEAL 1pRY PUPU .GROSSMAN 1� Ilt .MISSION NUMBER DD101178 MY CAMMISSION EXPIRES Flu MAR. 19 9006 ■ Professional Services Agreement Engineering & Mgmt Services December 2003 Page 16 of 16 Notary Public, State of Florida Print name: Commission No: 3 —►c�- a Qtf. RESOLUTION NO. 197-0-1-11747 A RESOLUTION OF THE MAYOR AND CfrY COMMISSION Of TFIE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING TTIE CITY MANAG R T'O ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. (SFRC &D) FOR PROFESSIONAL ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, TO INCLUDE, CANAL SEDIMENT TESTING, DESIGN, PREPARATION OF CONSTRUCTION PLANS, BIDDING AND CONSTRUCTION ::PHASE MANAGEMENT SERVICES FOR THE BROAD CANAL IMPROVEMENTS (FEMA's PROJECT NUMBERS 724- 0 & 725-0, D15ASTER'# 1345, P.A. ID 025 - 67550 -00), IN AN AMOUNT OF $165,000.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING, ACCOUNT NUMBERS 110- 0000 - 132 -2071 AND 110- 0000- 132 -2072; PROVIDING FUR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of South Miami; Florida, wishes to use the professional services of SFRC &D, to provide canal sediment testing, prepare design plans, obtain permit, provide bid and construction phase management services for Broad Canal Improvements; and WHEREAS, the City will `piggyback" on SFRC&D's current contract with Village of Pinecrest; and WHEREAS, the proposed services will be funded through Disaster # 1345 funding agreement FfMA for approved Project Numbers 724-0 and 725 -0. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1: The City Manager is authorized to execute a Work Order with SFRC&D for professional services in connection with canal sediment testing, prepare design plans, obtain permit, provide bid and construction phase management services for Broad Canal Improvements in an amount or $165,000.00 to be charged to aeeount numbers 110-0000 - 132 -2071 and 110- 0000 -132 -2072. Section 2, That the attached proposal, Professional Service Work Order, be made a part of the resolution. Section 3: This resolution shall be effective immediately. PASSED AND ADOPTED this 4th day of Nnv mh .2003. -A-'-I. APP VED: a - . y Clerk orate Feliu, R APP V AS FORM: Y Commission Vdte: 4 -0 Mayor Feliu: : Yea, Vice Mayor Russell: Yea Commissioner McCrea: out of room Commissioner Bethel: Yea Commissioner Wiscombe: Yea. 1/E 3JVd `WdUa:V 00-06-030 !8V09689506 tIvgvin Hinou d0 AlIO :A8 128 South Miami �++ CITY OF SOUTH MIAMI 1111. � INCORPORATED � 1927 P OFFICE OF THE CITY MANAGER �ORt9 INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager V From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: September 5, 2006 Agenda Item No.: Subject: Approving landscaping work order along SW 57O Avenue median Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SUPERIOR LANDSCAPING & LAWN SERVICES, INC FOR THE LANDSCAPING OF MEDIAN ALONG SW 57TH AVENUE IN AN AMOUNT OF $8,630 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 - 1730 -541- 3450; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to approve work ,:order for Median Landscaping along SW 570' Avenue from Sunset Drive to Madruga Avenue. Reason/Need: In an effort to continue beautifying median along right -of -way entrances into the City, we are proposing to secure landscaping services with Superior Landscaping & Lawn Services;; Inc. for the SW 57th Avenue median. The proposed landscaping activities will include the furnishing and installation of 14 Veitshia Montgomery Palms (16 feet — 18 feet height); 260 Green Island Ficus ground cover and mulch. We are "Piggybacking" on the County's Contract No. 5066 -1/06. The project will be funded from Public Works Department's account no. 001- 1730 -541- 3450, with account balance of $32,972.. Cost: $8,630.00 Funding Source: Account No. 001 - 1730 -541 -3450, with a current balance of $32,972. Backup Documentation: ❑ Proposed Resolution ❑ Contractor's Proposal for the project ❑ Copy of County "piggy- back" Contract Number 5066 -1/66. 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 ISSUE A SERVICE WORK ORDER TO SUPERIOR LANDSCAPING & LAWN SERVICES, INC. FOR THE LANDSCAPING OF MEDIAN ALONG SW 57TH AVENUE IN AN AMOUNT OF $8,630 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 - 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to provide landscaping in the median along SW 57th Avenue from Sunset Drive to Madruga Avenue; and WHEREAS, the City wishes to secure the landscaping services of Superior Landscaping & Lawn Services, Inc. in an amount of $8,630; and WHEREAS, the landscaping service will be funded through Public Works Department's account number 001 - 1730 -541 -3450 with an account balance of $32,972 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a landscaping work order with Superior Landscaping & Lawn Services, Inc. in an amount of $8,630.00 for the landscaping of median along SW 57"' Avenue from Sunset Drive to Madruga Avenue. Section 2: The landscaping service will be funded through Public Works Department's account number 001 - 1730 -541 -3450. Section 3: The landscaping service work order shall be made part of this resolution. PASSED AND ADOPTED this day of , 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: SUPERIOR PO Box 35-0095 MIAMI, FL 33135-0095 PH: (305) 634 -0717 • Fx: (305) 634-0744 Proposal # 5439 Submitted to: City of South Miami ATTN :.Rudy de la Torre Ph: 305- 663 -6350 Fx: 305- 668 -7208 job Site: Medium at 5th Ave from Sunset to Date: 6/7/2006 We hereby propose to furnish materials and labor in accordance with the specifications stated below and according to standard practices. This proposal becomes a contract when signed by both parties. The price of this proposal is valid for fifteen (15) days from the date of this proposal. Permits excluded Plant material is subject to availability. DESCRIPTION OF SERVICE: LANDSCAPING QTY MATERIAL SPEC LOCATION TOTAL PRICE 7 Veitchia Montgomery 16 -18' oa ht. single # 1 Medium $ 3,080.00 140 Green Island Ficus 3 Gallon # 1 Medium $1,330.00 $ 7 Veitchia Montgomery 16 -18' oa ht. single # 2 Medium $ 3,080.00 120 Green Island Ficus 3 Gallon # 2 Medium $1,140.00 Grand Total: $ 8,630.00 1"IU10L -f,t,6J_) (5-06 oy 4 If you have any questions, please contact * * ** at (305, ) 634 -0717 Payment Terms: Payment is due upon completion of job. All invoices are due upon receipt. Past due accounts will acquire an eighteen percent (18%) interest per year. Should collection activities be warranted, the client shall be responsible for any related expenses including but not limited to attorney's fees and court costs. There is a fifty-dollar ($50.00) fee for each check returned for non - sufficient funds. Any alterations made to this document, will make it void Guarantee: Superior Landscaping &s Lawn Service, Inc. is not liable or responsible for any loss, repair or replacement of any of the above mentioned due to high winds, hail; lightning storms, heavy rains, vandalism, floods, heat, construction, insect plagues or infestation, inadequate irrigation, tornadoes, hurricanes or other Acts of God ACCEPTANCE OF PROPOSAL WHEREFORE, Contractor and Owner, or Owner's Agent, have accepted the scope and terms of this proposal. Owner or Owner's Agent gives express permission to Contractor to enter said property and confirms that it is clear from any hidden danger or defects. Owner or Owner's Agent By: Name: Title: Date: Contractor: Superior Landscaping &r Lawn Service, Inc. By: Name: Title: Date: Page 1 of 1 South Miami Landscaping Proposal #5439 (6 -6-06) Aug.22. 2006 3:49PM 07/14/2008.15:36.FAX 306 372 6128 DIVsBIDS /CONT & ADN.DIV. i COUNTY AOAGOOrdlnatlm � t:aaaBnotion Ar&W MMM in hoc &W Aadlt and Mer�ap��.nt savieee nr�.rmn Bui►Tng BWlding COQY Cvnpllar� Bmirtete Dovobpe� Gpilel Imp�a.+r+ Citltor� In�pendad7gflapOrtrtimT�! Commlwtoa on Ethics and Pusfi -Teel CMMU tloseM Ch nuniiy Aealon ABewy Cemmunily d Femmak Develepmra CamMUMBy RelaBIM Camumer services CQ e a Ifehelillwan Culural Affalm Elo�eee Em�etcYMan�M eevlom,e Raladue Ll"WermentTeet Gtterpri�eT86mnrgw soedM yarUaarcnW tteaursen fat Firploymenl pseha Plnunae rim Rown ce,ed SNAas AdWabuWan t7iltoii�C Pnonratton HaRwicaThal N—JnB AV--1 lbaing HnreeAulhority Mueaan Senicss Indepeedent RE46W:" in mzd& trTnde Comrdum Meao•M•nuoi Anm plan Mawo6lia Plannlna ovgwean FhA and ReoeaWn PL•mnlna and 2onha hike hopcKyAwalisd Public r-rawy k nom Publk Worla. seek Ndowltood n,rb Seapoe s�r>d wipe wrv�ersr . snatege Business Mw` neon UM MoW Tennant IWk fa ft an Vibm Fmromk Raft) an Vw=p Mean And crrdonc wake A 9s»ae No. 3699 P. 2 1@002 /003 Procurement Marlapment 111 Nw 1 st street a Suite 1300 Mraml, Fronde 33128 -7974 T 305 - 375 -5289 F 305 - 375 -4407 305 -372 -6728 Wamidade.gov July 14, 2006 Orlando Otero Superior Landscaping & Lawn Service, Carp - PO Box 35 -0095 Miami, FL 33135 RE: OPTION TO Mift CONTRACT NUMBER' 5066 -1106 Mues and Palms) Dear Vendor: The County is considering jhteacr to exercise the option to renew for the above mentioned mmtracL All relevant cost land priang fictots, as well as eurrent market conditlons, wilt be considered in malting this depision. The Dgwtmont afFroeluement Management Was to obtain the most eompetitive contract pricing possible tbf our using deparmients. if the contract includes a Chi, PPI or nay applicable manufacturer's price adjusMent, we ask that your fns waive any upward 4ustment. If you most request all or any of the indexed price changes, complete the atibrmation below. If we do not receive your response, we will consider this a conSrmsdoo that your fain is waiving the WIustment The County reserves the right to fmiher negotiate nay upward pricing request, and tenminde and re- solicit' any contract for which a requested upward adjustment is judged unwartaoted. The renewal is also contingent upon compliance with carti5este(i) of insurance, performance bond, afrmadve action pion, of other contract specifo-'requinments as applicable.. Should completion of such supple dental contractual compliance actions by your firm be requfred, these action$ will be requested actor review of your response to this "0000, to Renew'" lei. Ifyou have any questions relating to this canirac� please contact me at 305-37S-1718. Sincerely'' mew re.+ew- NoLA-sro -t Maureen Ekmmj, CPPB Procurement Technician DPM/9ida and Gmtracts Division I 1 e 1 Aug.22. 2006 3:49PM .4/2006 15:38 FAX 305 372 812&. DIV:BIDS /CONT & ADN.DIV. i NII,iNU IjADE COUNTY No. 3699 P. 4 Q0003 /003 5066 -1/06 ' 1, VDOR REQURST FOR PRICE INRASE BARD ON IDICATOR Co Numl3w. ZN% out &TO dots not mq6st' an adNs�� Yes, out &M � as wed m the co�re+d s to thethe can�ent Prim ft above mentioned cotdrt terms and conaiuns. \I Q w V-;��D- O► I1J Me DMf Aug. 22. 2006 3: 51 PM MI�MDADE No. 3699 P. 12 ji-ECEIVED AUG o 3 2uU5 CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION BID NO.: 73624/08 -3 Previous Bid No.: 73624108 -2 BLANKET BPO #ABCW0601107 TITLE: LANDSCAPING_ AND LAWN MAINTENANCE SERVICES FOR MIAMI-DARE TRANSIT COMMODITY CODE NO.: 988 -36 OTR YEARS: Four (4) LIVING WAGES APPLIES: YES CONTRACT PERIOD: 12/1/06 through 11/30/07 AWARD BASED ON MEASURES: NO SR. PROCUREMENT CONTRACTING AGENT: JOSE A SANCHEZ PHONE: 305- 3754265 ❑ SBE Set Aside ❑ Bid Preference: ❑ SBE ❑ Micro SBE ❑ SBE Goal ❑ CSBE Level ❑ Local Preference ❑ Prevailing Wages (Reno. 90 -143) ❑ Living Wage PART #1: VENDORS AWARDED F.E.I.N.: VENDOR: STREET: CITY /STATE /ZIP: F.O.B. TERMS: PAYMENT TERMS: DELIVERY: TOLL FREE PHONE # PHONE: FAX: E- MAIL: CONTACT PERSON: 592613393 -01 A Native Tree Services, Inc. 15733 SW 117`' Avenue Miami, Florida 33177 Destination Net 30 Days As required N/A 305/238 -1178 305/238 -8878 tebersoleQuativetree.com Tim Ebersole Aug. 22. 2006 3:51PM Bid No. 7362- 4/08 -3 Award Sheet Page 2 of 5 F.E.I.N.: VENDOR: STREET: CITY /STATE /ZIP: F.O.B. TERMS: PAYMENT TERMS: DELIVER': TOLL FREE PHONE # PHONE: FAX: E -MAIL: CONTACT PERSON: 650549881 -01 Sanchez Arango Construction Company P.O. Box' 770010 Miami, Florida 33177 Destination Net 30 As required N/A 305/229 -8300 305/2384689 roueet(a,sanchezaran o_com Rouget Sanchez No. 3699 P. 13 CONTACT PERSON: Julio Valdes PART #2: ITEMS AWARDED METRORAIL ZONE E: VENDOR: A NATIVE TREE SERVICES, INC. E -1 Section Line 1 from Douglass Road Station to University Station $695.57 per Cycle E -2 University Station at 5500 Ponce de Leon Boulevard E -3 Section Line 2 from University Station to South Miami Station E -4 South Miami Station at 5949 SW 72nd Street E -5 Section Line 3 from South Miami Station to Dadeland N Station E -6 Dadeland North Station at 8300 South Dixie Highway DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 $505.86 per Cycle $379.40 per Cycle $379.40 per Cycle $758.80 per Cycle $316.17 per Cycle AWARD SHEET•doc Revised 09119100 650838100 -01 VENDOR: Superior Landscaping & Lawn Maintenance Service, Inc. STREET: P.O. Box 35 -0095 CITY /STATE /ZIP: Miami, Florida 33135 F.O.B. TERMS: Destination PAYMENT TERMS: Net 30 DELIVERY: As required TOLL FREE PHONE # N/A PHONE: 305/634 -0717 FAX: 305/634 -0744 E -MAIL: superiandscapeaa,bellsouth.net CONTACT PERSON: Julio Valdes PART #2: ITEMS AWARDED METRORAIL ZONE E: VENDOR: A NATIVE TREE SERVICES, INC. E -1 Section Line 1 from Douglass Road Station to University Station $695.57 per Cycle E -2 University Station at 5500 Ponce de Leon Boulevard E -3 Section Line 2 from University Station to South Miami Station E -4 South Miami Station at 5949 SW 72nd Street E -5 Section Line 3 from South Miami Station to Dadeland N Station E -6 Dadeland North Station at 8300 South Dixie Highway DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 $505.86 per Cycle $379.40 per Cycle $379.40 per Cycle $758.80 per Cycle $316.17 per Cycle AWARD SHEET•doc Revised 09119100 Aug. 22. 2006 3: 51 PM Bid No. 7362 - 4/08 -3 Award Sheet Page 3 of 5 E -7 Section Line 4 from Dadeland N Station to Dadeland S Station E -8 Dadeland South Station. at 9150 Dadeland Boulevard E -9 Emergency Litter Pick -up as per paragraph 3.8 E -10 Parking Lot west -off Douglass Road Metrorail Station and 420' west -off SW 38`h Avenue on the South Side. Twelve (12) additional Litter Cycle No, 3699 P. 14 $505.86 per Cycle $189.70 per Cycle $41.52 per Hour $320.67 per cycle $971.63 per Cycle METRORAIL ZONED: VENDOR: SANCHEZ ARAN'GO CONSTRUCTION COMPANY D -1 Section Line 1 from SW 8th Street - South Side to Vizcaya Station. $1,287.85 per Cycle Includes Clap Tie 10 (0-10) at SW 1st Avenue & South of SW 15th Road & Gap Tie N -872 (G -4) at SW 24`h Road D -2 Vizcaya Station at 3201 SW 161 Avenue' . $643.93 per Cycle D -3 Section Line 2 from Vizcaya Station to Coconut Grove Station $802.01 per Cycle D -4 Coconut Grove Station at 2780 NW 270' Avenue $321.96 per Cycle D -5 Section Line 3 from Coconut Grove Station to Douglas Rd Station $480.05 per Cycle D -6 Douglas Road Station at 3100 SW 37"' Avenue $643.93 per Cycle D -7 Emergency Litter Pick -up as per paragraph 3.8 $79.05 per Hour Twelve (12) additional Litter Cycle $1,233.82 per Cycle METRORAIL ZONE A: VENDOR: SUPERIOR LANDSCAPING AND LAWN SERVICES INC. A -1 Palmetto Station at NW 74 Street West of Palmetto Expressway A -2 Section Line 1 from Palmetto Station to Okeechobee Station A -3 Okeechobee Station at 2005 West Okeechobee Road A -4 Section Line 2 from Okeechobee Station to Hialeah Station DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 $337.24 per Cycle $337.24 per Cycle $337.24 per Cycle $263.47 per Cycle A WARD SHEBT.doc Revised 09119100 Aug. 22. 2006 3, 51 PM $1d No. 7362- 4/08 -3 Award Sheet Page 4 of 5 A -5 Hialeah Station at 113`h East 21g` Street A -6 Emergency Litter Pick -up as per paragraph 3.8 Twelve (12) additional Litter Cycle No. 3699 P. 15 $337.24 per Cycle $63.24 per Hour $493.53 per Cycle METRORAIL ZONE C: VENDOR: SUPERIOR LANDSCAPING AND LAWN SERVICES, INC. C -1 Allapattah Station at 3150 NW 12" Avenue $268.74 per Cycle C -2 Section Line 1 from Allapattah Station to Santa Clara Station $358.33 per Cycle C -3 Santa Clara Station at 2050 NW 12`h Avenue, Includes Santa Clara $268.74 per Cycle (TPSS) Traction Power Sub - Station at NW 20'h Street J C-4 Section Line 2 from Santa Clara Station to Civic Center Station $268.74 per Cycle C -5 Civic Center Station at 1501 NW 12`h Avenue $268.74 per Cycle C -6 Section Line 3 from Civic Center Station to Culmer Station $268.74 per Cycle C -7 Culmer Station at 710 NW 11 `h Street. Includes vacant lot behind $268.74 per Cycle wall at north of Building Station C -8 Section Line 4 from Culmer Station to Overtown Station $581.75 per Cycle C -9 Overtown Station at 550 NW la` Avenue $268.74 per Cycle C -10 Section Line 5 from Overtown Station to Brickell Station. Does not $268.74 per Cycle include Goverment Center Station C -11 Metrorail & Metromover Brickell Stations at 1002 SW 0 Avenue $268.74 per Cycle C -12 Emergency Litter Pick -up as per paragraph 3.8 $63.24 per Hour Twelve (12) additional Litter Cycle $493.53 per Cycle Aug. 22. 2006 3: 51 PM Bid No. 73624108 -3 Award Sbeet Page 5 of 5 PART #3: AWARD INFORMATION DPM AWARD DATE: 9/15/03 BIDS & CONTRACTS RELEASE DATE: 7/25/06 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS: INSURANCE TYPE I No. 3699 P. 16 AGENDA ITEM #: N/A OTR YEAR: Three (3) of Four (4) TOTAL,CONTRACT VALUE: $554,200.00 USER DEPARTMENTS DOLLAR ALLOCATED Public Works $854,200.00 DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACT'S DIVISION 5 A WARD SKM -doc Revised 09119!00 Aug.22. 2006 3:49PM MI�� AVA Coordination No. 3699 P. 5 Procurement Management 711 NW 1st Street - Suite 1300 Miami, Florida 33128-1974 T 305- 375 -5289 F 305- 375 -4407 305 - 372.6128 miamidade.gov Agenda Coordination Animal Services 07/14/2006 AA In Public Places Audit and Management Services hft. Orlando Otero Aviation SUPERIOR LANDSCAPING & LAWN SERVICE, INC. (650835100) Building P.O. Box 35 -0095 Building Code Compliance Mme, Florida 33135 Business Development Capital Improvements RE: OPTION TO RENEW Gtizens' Independent Transportation Trust 13ID NO.: 7362 - 4/08 -2 Commission on Ethics and Public Trust Landscaping & Lawn Maintenance Service Communications Community Action Agency Dear Mr. Otero: Community & Economic Development Community Rcladons; You are hereby notified that the Corny intends to exercise our option to renew for the above Comumes services referenced contract. CorrMion9 & Rihabiliution Cullund AllaiR The renewal is also contingent upon compliance with the contract documents, wherein you are ElAons required to subinit new documentation for the option year. Those items have been marked below. Emergency Management Employee Relations ® CERTIFICATE OF INSVRAINCE - Shall be submitted to this office Empowerment Trust no later than thirty (30) calendar days prior to commencement of the Enterprise Temhnology Service new contract term, Environmental Resources Management Fair Employment Practices PERFORMANCE BOND - To be submitted to this office no later than finance thirty (30) calendar days prior to commencement of the new contract Fire Rescue terra in the amount of S A copy of the performance Bond form General ServicesAdmmislratien is enclosed for your use. "i :ter` preservation NO OTIM FORMS WILL BE ACCEPTED. ►/omoltrss trust st ""'IlAgency In accordance with Mlami -Dade county Ordinance 9830 all companies with Housing PimrceAUthority > p gross. revenues over SS million, must have. an Affirmative Action Plan (AM) and Procurement policy on file Human Servim with the Department of Business Development. Please contact the De artment of Business Independent Review Pancl ,7ln.rglnrs p„} • P ":••• -' ..... .: ^. -- r... —►il leers. Ira nn �l ?. muss rnessli i« International Trade Consortium " the company not being recommended for award. ' juvenile Services ' Medical E'r'mine Subsequent to the review and acceptance of the above marked item(s), this office shall issue a new Metro-Miami Action Plan purchase ord er( s). Mettoporitan Planning Organization Psrk and Recreation The new contract number shall be 7362 -4/08-3, and the term shall be from December 01, 2006, Planning and zoning through November 30, 2007. Police Pfacuften"t Manapontud For any additional information, feel free to contact this office at 305 - 375.4369. Pnopeny Appraisal Public Ljbrary System Sincerely, Public Works 5a(e Neighborhood Parks E seaport Solid Waste Management strategic Business Managem �;;'Ram Me Transit - rnsuraoce Compliance Coordinator A Force on Urban Economic Revitalizadon Vizeaya Museum And Carden Water & Sewer Aug.22. 2006 3:50PM No.3699 P. 6 (1) INDEMNIFICATION AND INSURANCE GENERAL SERVICE AND MAINTENANCE CONTRACT Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, Iosses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to the Vendor Assistance Section, Department of Procurement Management, Administration Division, 111 NW 1st Street, Suite 1300, Miami, Florida. 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined fper- occtrrirenacx^ u�oc��l' yiiijuiy�pzuyc ;�ycu��as;:s....: ... ....:,�. _. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Aug, 22. 2006 3:50PM No. 3699 P. 7 NOTE: - DADE COUNTY BID NUMBER AND TITLE OF BED MUST APPEAR ON EACH CERTIFICATE. CERTIFICATE SOLDER MUST READ: MIAMI -DADE COUNTY 111 NW 1" STREET SUITE 2340 MIANH, FL 33128 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, the Bidder shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner prescribed in this Invitation To Bid within twenty (20) calendar days after Board of Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances.' the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.6 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the insurance certificate required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 23 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the invitation To Bid, provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendars days, the County mWa'yy, at its sole discretion, terminate this contract for cause and .. - --YV • v r ilk � �• Aennw o,:fl.. 0_....:_.. .L 1 1A ..l the General Terns and Conditions. Revised 2/03 Department of Procurement Management Bids and Contracts Division 111 NW 1st Street, Suite 1300 Miami, Florida 33128 -1989 Aug, 22. 2006 3:50PM No, 3699 P. 8 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR ONSRI TYPE OF INSURANCE POLICY NUMBER DAT DATE (ARMNI LIMITS GENERAL LIABILITY EACH OCCURRENCE 152.000000 A coMMERCIA1.GENERALLIABa.mr (3LC1003347 03/28/06 03/29/07 PREMIsESpnaoax —orm IS 200000 E CLAIMBMADE QOCCUR MEDEXP(Anyonepwtson) 3500(! .X PD Ded $5500 PERSONAL&ADVINJURY 31000000 Ivor Claim GENERAL AGGREGATE 32000000 'LAGGREGATELIIMIITAPPLIESPER PRODUCTS - COMPIOPAGO s2000000 M POLICY X lECT LOG AUTOMOBILE LIABILITY- S1F000,000 A X ANY AUTO CA0005603 (COMBINEDSINGLELIMIT 03/28/06 03/28/07 E ALL OWNED AUTOS BODILY INJURY 3 SCHEDULEDAUTOS (P°FperdOD) A X HIRED AUTOS BODILY INJURY S A X NON.OtANED AUTOS (Par eccWant) PROPERTY DAMAGE S (Par smWent) GARAGE LIADIWTY AUTO ONLY - EA ACCIDENT 1 S ANY AUTO OTHER TWIN EA ACC I AUTO ONLY., AGO S EXCE49fUMBRELLALIABILITY EACHOCCURRENGE 131,000,000 A X OCCUR CLAIMS MADE M410002927 03128106 03/28/07 AGGREGATE S 1 000 000 / DEDUCTIBLE _ X RETENTION 320,000 s WORKERS COMPENSATION AND TORY LIMITS I I ER EMPLOYERS' LIABILITY ANY PROPRIETOPIPARTNER/EXECUTIVE E L EAGHACGIDF.NT 3 OyFeFICEWMEMBER EXCLUDED? E.L. DISEASE - EA EdPLOYE S If P below PROVISIONS EL. DISEASE - POLICY LIMIT f DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES l..UCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS FOR LANDSCAPE MAINTENANCE SERVICES. COVmAGES ARE SUBJECT TO THE TERMS, CONDITIONS, DEDUCTIBLES AND EXCLUSIONS SHOWN IN THE POLICY. 10 DAYS NOTICE OF CANCELLATION FOR NON- PAYMEAT Or PREMIUM. CERTIFICATE HOLDER MZA a —D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED DEPORE THE ZXPIRATIO DATE THEREOF, THE 199UINO INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRnTEN Miami—Dade County NOT109 TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Suite 1300 111 NW 1St Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Miami. FL 33128 -1987 REPRESENTATIVE& _ 4CORD 25 (2001108) - - -_ . (DACORD CORPORATION 1 Aug. 22. 2006 3:50PM No. 3699 P. 9 From Edcka Linares Date: 7121/1008 Time: 3.3 41:50 PM Page 2 of 2 ACQRD.. , . PRODUCER Serial # A29837 THIS CEI AON RISK SSIRVICES, INC. OF FLORIDA ONLY AI 1001 BR(CKELL 13AY DRIVE, SUITE 01100 HOLDER ALTER T MIAMI, FL 331313937 S PHONE: 800- 743.8130 FAX: 800.522 -7514 COMPANY AGGREGATE A INSURED COMPANY ADP TOTALSOURCE, INC. B 10200 SUNSET DRIVE MIAMI, FL 33173 ALTERNATE EMPLOYER: C SUPERIOR LANDSCAPING S LAWN SERVICE caMPANY D 07/2112006 UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. COMPANIES AFFORDING; COVERAGE AMERICAN HOME: ASSURANCE COMPANY _-________ .oa ._ _ — ..,.... . _ ....,...,, M..�. TI-98 CERTIFY THAT THE POLICIES OF 1NttURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCEAFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLMIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURAIiCE POLICY MCMW POLICY EXPIRATION LTR POLICY pA�pIWpDIyYI PATSaYYI LIMITS G:COMUM AL LtABILRY - GENERAL AGGREGATE S &MLA. GENERAL UABIRY PRODUCTS- CCMPIOP AGG S CLAMS MADE 71 OCCL R PERK SOMAL R ADV KURY S L CONTRACTOR S PROT 7 - AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON•OWNED AUTOS AGE LIABILITY ANYAUTO EXCESS LU$ILITY UMORELLA FORM OTHER THAN UMBRELLA FORM WOMER'B COMPENSATION AND EMPLOYERS' LLAiRnY THE PWPRuraw r PAA NIRS0ECVM WMERSAAE. F 1799019 07/0112006 I 07/012007 COVERAGE EFFECTIVE 7/92/2006 EACMOCCIAtRENCE S FRE DAMAGE j" one rKel S MEDW (AW0118Oman) s COMBNEDSM9LWIT $ gl amm f �� caarI1 S PROPERTYDAMAGE I AUfO ONLY - EAACCIDFM It OTFF-R THAN AWO ONLr EACHACCDENT Is AGGREGATE S EACH OCCURRENCE is AGGREGATE Is S EL EACH ACCCGUr Is 1,000,000 ELDmEAw- POI.IcYUw Is _ 1,000,000 EL =EASE .EA EMPLOYEE IS 1.000.000 .L EMPLOYEES WORKING FOR THE ABOVE N4MED CLIENT COMPANY, PAID UNDER ADP/TOTALSOURCE. INC.'S PAYROLL, WILL BE COVERED IDER THE ABOVE STATED POLICY. 'THE ABOVE NAMED CLIENT IS AN ALTERNATE EMPLOYER UNDER THIS POLICY. SHOMM ANYOC TW ADOVY DESCRIBED POLICES BE CANCELLED 9EFORE THY MIAMI -DADS COUNTY EXPIRATION DATES THMEOP. THE ISSLANO COMPANY WELL MCEAVOR To MAIL 111 NW 1 ST STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. SUITE 1300 BUT FAILURE TO MAIL SUCH NOME SMALL IMPOSE NO OBLIGATION OR UAURM MIAMI, FL 33128.1987 CP ANY HMO UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES_ AUTHPIPO REPRES Nr� �' .fSFee ug. 22. 2006_ 3:50P o. 3699 —P. 1 MIAMI -DADS COUNTY BLANKET PURCHASE ORDER BPO ID: ABCW0601107 PRINT DATE: 07/26/2006 PAGE: 01 ------------------------------------------------------------------------------ ss REPRINT OF ORIGINAL BPO ** VENDOR ID: PRIME VENDOR SET ASIDE : MULTI- VENDOR BPO SUBVENDOR GOAL : 00% PRIME VENDOR COMMITMENT: 00% RECEIVED JUL 3 12 ------------------------------------------------------------------------------ SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER T0: SANCHEZ, JOSE (305) 375 -4265 ------------------------------------------------------------------------------- ITB ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT 11/30/2007 854,200.00 BID NUMBER 7362- 4/08 -3 7/'unsl�' PRE- QUALIFIED VENDORS FOR MULTI- VENDOR BPO VENDOR ID SFX VENDOR NAME DISCOUNT TERMS 592613393 01 A NATIVE TREE SERVICE INC NET30 650549881 O1 SANCHEZ ARANGO CONSTRUCTION COMPANY NET30 650838100 01 SUPERIOR LANDSCAPING & LAWN SERVICE INC NET30 ***, r******** ww* ww* s * *s : : :s *w,►w * *,w * * *w,rw *ww *wws yes: ss : * : * * * * * * * * * * * *ww,rwwwwwwww *w ITEM COMMODITY ID U/N UNIT COST �► w* rr**, rwwwx* xs:::::********, t* w* wwwsss*sss:ss s**** f, ► * * * *,twwwwrw * * *ssxssssssssx :s 001 9e8-36 GROUNDS MAINTENANCE: MOWING, EDGING, PLANT (NOT ------------------------- - - - - -- END OF ITEM LIST ---- = ------------------- - - - - -- AUTHORIZED DEPTS /USERS AUTHORIZED DEPT: PW * * * * ** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER www *ss *: $854,200.00 ( ) TERMS: Aug, 22. 2006 3:50PM No. 3699P. 11 MIAMI -DADS COUNTY BLANKET PURCHASE ORDER --------------------- BPO ID: A8CN0601107 PRINT DATE: 07/26/2006 -PAGE: 02 ** REPRINT OF ORIGINAL BPO ** COSTS OF MANDATORY RANDOM AUDIT BY THE INSPECTOR GENERAL ARE INCORPORATED INTO THIS CONTRACT AS 1/4 OF 1% OF THE CONTRACT PRICE. THIS CONTRACT IS SUBJECT TO A USER ACCESS FEE UNDER THE COUNTY USER ACCESS PROGRAM (UAP) IN THE AMOUNT OF TWO PERCENT (2 %). THE VENDOR PROVIDING GOODS AND SERVICES UNDER THIS CONTRACT SHALL INVOICE THE CONTRACT PRICE AND SHALL ACCEPT AS PAYMENT THEREOF THE CONTRACT PRICE LESS THE 2% UAP AS FULL AND COMPLETE PAYMENT FOR TEE GOODS AND /OR SERVICES SPECIFIED ON THE INVOICE. THE COUNTY SHALL RETAIN THE 2% UAP FOR USE BY THE COUNTY TO HELP DEFRAY THE COST OF THE PROCUREMENT PROGRAM. VENDOR PARTICIPATION IN THIS INVOICE REDUCTION PORTION OF M UAP IS MANDATORY. --------------------------------------------------------------- THIS IS A BLANKET PURCHASE ORDER COVERING PERIOD FROM 12/1/06 TO 11/30/07. DELIVERIES AGAINST THIS PURCHASE ORDER SHALL BE MADE IN QUANTITIES AND TIMES AS REQUESTED BY THE DEPARTMENT DURING SAID PERIOD._ INVOICING SHALL BE ON A PER ORDER (DELIVERY) BASIS OR ON A MONTHLY INVOICE BASIS. ALL ITEMS IN ACCORDANCE WITH BID PROVISIONS AND SPECIFICATIONS AND THE VENDOR'S QUOTE OR BID - ESTIMATED QUANTITIES AND /OR DOLLARS ARE FOR RECORD PURPOSES ONLY, NO GUARANTEE IS EXPRESSED OR IMPLIED AS TO QUANTITIES AND /OR DOLLARS THAT WILL ACTUALLY BE PURCHASED. THE VENDOR-ACCEPTS ALL RISKS ASSOCIATED WITH USING THIS INFORMATION. AUTHORIZED SIGNATURE: LAST PAGE * * * * ** ** DATE: % ,? 1, Aug.22. 2006 3:49PM No.3699 P. 1 SUPERIOR LANDSCAPING & LAWN SERVICE, INC FACSIMILE TRANSMITTAL SHEET TO. FROM: Rudy Torres Betsy COMPANY. DATM City of South Miami 8/22/2006 FAX. NUMBER TOTAL NO. OF PAGES INCLUDING COVER 305 -668 -7208 13 PHONB N UMBbX- SENDER'S REFERENCE. NUMRrM RE: YOUR RUPERENCE NUMBER: Metxorail Contract ❑ URGENT ❑ FOR REVIEW ❑ FLHASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: FO BOX 35 -0095, MIAMI, FLORIDA 33135 OFFICE (305) 634 -0717 FAX(305) 634.0744 South Miami bwtwl M41wwcb NoEO . CITY OF SOUTH MIAMI 1111. ' 927 OFFICE OF THE CITY MANAGER; toR,�o INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. AjibolaBalogun, REM, CFEA, Director Public Works & Engineering Department Date: September 5, 2006 Agenda Item No.: 19 Subject: Seeking approval of Storm Drain System Cleaning work order Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA "AUTHORIZING THE CITY MANAGER TO ISSUE SERVICE WORK ORDER TO ENVIROWASTE SERVICES GROUP, INC. FOR STORM DRAIN SYSTEM CLEANING AND MAINTENANCE SERVICES IN AN AMOUNT OF $10,000.00 TO BE CHARGED TO STORMWATER TRUST FUND ACCOUNT NO. 111 -1730- 541 -3450; PROVIDING FOR AN EFFECTIVE. DATE Request: Authorizing the City Manager to approve work order for Storm Drain Cleaning & Maintenance Services Reason/Need: In an effort to continue providing clean:,, and well maintained drainage system, we are proposing to continue our storm drain cleaning and maintenance services with Envirowaste Services Group, Inc. We are "piggybacking" on the Village of Pincrest's Storm Drainage System Cleaning Services executed on November 1, 2004 and valid through October 26, 2006. Cost: $10,000.00 Funding Source: Account No. 111 - 1730 -541 -3450, with a .current balance of $10,000. Backup Documentation: ❑ Proposed Resolution ❑ Copy of the Village of Pinecrest's agreement 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 ISSUE SERVICE WORK ORDER TO ENVIROWASTE SERVICES GROUP, INC. FOR STORM DRAIN SYSTEM CLEANING AND MAINTENANCE SERVICES IN AN AMOUNT OF $10,000.00 TO BE CHARGED TO STORMWATER TRUST FUND ACCOUNT NO. 111 - 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to provide storm drain system cleaning and maintenance services along City streets; and WHEREAS, the City wishes to continue storm drain system cleaning and maintenance services with Envirowaste Services, Inc. for an amount of $10,000; and WHEREAS, the services will be funded through Public Works Department's Stormwater Trust Fund account number 111- 1730 - 541 -3450 with an account balance of $10,000 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a storm drain system cleaning and maintenance work order with Envirowaste Services Group, Inc. in an amount of $10,000.00. Section 2: The street sweeping service will be funded through Public Works Department's Stormwater Trust Fund account number 111- 1730 -541 -3450. Section 3: The street sweeping work order shall be made part of this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2006. READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: B AGREEMENT FOR PROFESSIONAL SERVICES STORM DRAINAGE SYSTEM CLEANING SERVICES THIS AGREEMENT, made and entered into on the 1 st day of November, 2004 by and between the Village'of Pinecrest, Dade County, Florida, party of the first part (hereinafter called "Village "), and Envirowaste Services Group, Inc., Miami, Miami -Dade County, Florida, party of the second part (hereinafter called "Contractor); - RECITALS: The VILLAGE wants to engage the- CONTRACTOR to perform certain professional services as specifically described in accordance with the -project specifications attached as Exhibit A, Exhibit B and with paragraph 1, scope of services in this Agreement ( "Specified Services"). The CONTRACTOR wants to provide such Specified Services in connection with the maintenance of Pinecrest's storm drainage system. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. ' SCOPE OF SERVICES A. The CONTRACTOR agrees, as directed by the Village Manager or his designee, to perform the following services: Furnish all material, labor and equipment in performing all operations necessary in connection with the cleaning of the storm drainage systems for the Village of Pinecrest in complete and strict accordance with the attached specifications. The scope of these professional services is based on the preliminary documents attached as Exhibit A and Exhibit B. 2. FEES FOR SERVICES Upon satisfactory completion of the specified work as determined by the sole discretion of the Village Manager, the CONTRACTOR agrees to charge the VILLAGE in accordance to the bid submitted: Q00 -J MAR ITMA -1 7m7 -r @ISPM 01TAUA -wnu4 c7 : sr QVI .- 91T -s.0 Cleaning of Catch Basin S 63.00 each Cleaning of French Drains S 79.00 each Cleaning of Connecting Pipes $ 2.00 per linear foot Cleaning of Outfalls $150.00 each Cleaning of Manholes $105.00 each Such amounts include all equipment, labor, materials and disposal costs. Invoicing and payment: The CONTRACTOR will issue an invoice once a month of the work, which has been completed, in the Village Manager's sole discretion. If he/she determines that the work specified in the invoice has been performed according to the job specifications, the VILLAGE shall pay such invoice within 30 days. The VILLAGE shall pay to the CONTRACTOR for the faithful performance of this Agreement, in lawful money of the United States of America. 3. TERM The term of this Agreement shall commence on the date of this Agreement and continue for a period of 24 months, therefore terminating on October 31. 2006 , unless terminated pursuant to paragraph 6 or extended pursuant to paragraph 8. 4. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. S. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or any other consideration, continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Pinecrest. 6. TERMINATION This Agreement may be terminated by either party upon 60 days written notice with or without cause. If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination. QnC _J CfAfA IWArAl 7rA7_ T CCOC J COCfA0 aiSPM n.TTArru_r.1nui C7 : QT WA _OIT_C01 7. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE 'within the VILLAGE'S sole and absolute discretion. S. ENTIRE AGREEMENT This agreement, together with all pertinent documentation including bid specifications and related materials shall constitute the entire agreement which may only be amended or modified upon written agreement between the parties. 9. WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. Contractor must also provide proof of insurance to the VILLAGE to be made part of this contract. The CONTRACTOR shall have and furnish Workers' Compensation Insurance and Employers Liability in the limits to comply with the Florida Statutes. The CONTRACTOR shall also furnish Public Liability and Contingent Liability Insurance for bodily injury in the minimum limits of the policy of One Million Dollars ($1,000,000) each person and One Million Dollars ($1,000,000) each occurrence for bodily injury liability and limits of Two Hundred Fifty Thousand Dollars ($250,000) for each occurrence on property damage liability or Three Hundred Thousand Dollars ($300,000) single limit coverage, all to be in a form satisfactory to the Village and protecting the Village from any loss due to any claim arising from or out of the contract work, and shall have the same approved by the Village prior to the signing of the contract, Proper certificates of such coverage listing the Village of Pinecrest as an Additional Insured shall be filed with the Village at the time of contract signing. 10. ATTORNE'Y'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the. parties. nnn r^exn /nnra T '71a'7 T CrnC / cnrae nl qPM n- TTAMT —LIMIJ C7 ' i'T 001 —MT—PS I 1. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: VILLAGE: Peter G. Lombardi Village Manager Village of Pinecrest 12645 Pinecrest Parkway Pinecrest, Florida 33156 CONTRACTOR: B. Rafael Barba President Envirowaste Services Group, Inc. 8390 NW 53 Street, Suite #200 Miami, Florida 33166 12. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: ENVIROWASTE SERVICES GROUP, INC. B. Rafael Barba, President 8390 NW 53`d Street, Sui 200 Miami, FAorida— 331,66 //, ' _., Attest: VILLAGE: VILLAGE OF PINECREST Peter G. Lombardi, Village Manager er G. Lombardi Village Manager A Attest; I LAAJ%~A A ., b* ado In , Jr., CIVIC Village Cleric Seal: "n" , mi CUM n.TTnriu_r.inua C7 ' 9T OR _fAT -901 RESOLUTION NO. 2Q�II l A RESOLUTION OF THE VILLAGE OF >t'INECREST, FLORIDA, EXTENDING AN AGREEMENT WFM ENVIROWASTE SERVICES GROUP, INC. FOR THE JETTING AND CLEANING OF CATCH BASINS, FRENCH DRAINS AND CONNECTING PIPES; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OP' PINECREST, FLORIDA, AS FOLLOWS: Section 1. That the Village Council hereby authorizes the Village Manager to extend an agreement with EnviroWaste Services Group, Tuc. -for the jetting and cleatang of catch basins, french drains and connecting pipes until October 28, 2006 pursuant to the terms and conditions .of the initial agreement made and entered into on October 28, 1998 and the pricing submitted by EnviroWaste Group, Inc. in a letter dated April 26, 2004 (Exhibit A). Section 22. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12�t day of Oc ber, 2004. �, "--4) Eve anglieb b6r. Mayor Ap proved as to Form and Legal Sufficiency: V, A. Everett Village Attorney Motion thy. vicomqwHowe Second by: cawcgrnmbar %mck Vote: CoweilmembM alanck, BlaRberg, Hingsmn, Vice Mgyor Bowe, and Mayor orocrvoting Yca. QQs —J MAM /CfMAJ 707_ 1 acoc l i ocnp ai SRM n.ITArM_r.lr)SJJ 07 ' cT 001 -MT-CM South Miami A14kneii 0l CITY OF SOUTH MIAMI t I I I r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM' Zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Di ctor Public Works & Engineering Department Date: September 5 2006 Agenda Item No.:_q Subject: Agreement with FDOT to transfer Sunset Drive from US -1 to SW 69ffi Street. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TRANSFER OF OWNERSHIP OF SUNSET DRIVE FROM US -1 TO SW 69TH STREET (CITY LIMIT) TO THE CITY; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to execute roadway transfer agreement with FDOT for the transfer of ownership of Sunset Drive from US -1 to SW 69th Street (City Limit) to the City. Reason/Need: Cost: Funding Source: To beautify the Sunset corridor, being one of the entrances to the City; with the creation of tree median for canopy, and traffic calming. No cost for the transfer process. However, the City will assume full responsibility of the street, to include maintenance. Not Applicable. Backup Documentation: ❑ Proposed resolution. ❑ Copy of agreement with FDOT ❑ Resolution No. 95 -05 -12074 previously approved for the project. ❑ Resolution No. 43 -06 -12184 previously approved for the project. 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 AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TRANSFER OF OWNERSHIP OF SUNSET DRIVE FROM US -1 TO SW 69TH STREET (CITY LIMIT) TO THE CITY; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept the ownership transfer of Sunset Drive from US -1 to SW 69th Avenue (City Limit) to the City of South Miami; and WHEREAS, the transfer will allow the changes, operation, permitting and maintenance associated with the proposed improvements set forth in Resolution No. 95 -05- 12074: and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the Sunset Drive transfer agreement with Florida Department of Transportation (FDOT). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the Sunset Drive (from US -1 to the westerly City limit) transfer agreement with Florida Department of Transportation (FDOT). Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: 111111•0:74 1M to] .0t J 2006. APPROVED: LI T s: COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Jeb Bush Planning Environmental Management. Office Denver J. Stutler, Jr. Governor 1000 NW 111 Avenue, Room 6112 Secretary Miami, Florida 33172 Phone 305- 470 -5479, Fax 305- 470.6737 FLORIDA DEPARTMENT OF TRANSPORTATION /CITY OF SOUTH MIAMI ROADWAY TRANSFER AGREEMENT SR 986 /Sunset Drive /SW 72 Street, between SW 69 Avenue and US -1 /S Dixie Hwy THIS AGREEMENT, made and entered into this day of , 2006, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "DEPARTMENT ", and the CITY OF SOUTH MIAMI, hereinafter called the "CITY "; WITNESSETH WHEREAS, the CITY has requested the transfer of SR 986 /Sunset Drive /SW 72 Street from the State Highway System to the City of South Miami Street System and this transfer is mutually agreed upon, between the CITY and the DEPARTMENT, as per Attachment A, NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide. The commencement of jurisdictional and maintenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the Department. (a) The CITY accepts all responsibility for the road right -of -way and for operation and maintenance of the roadway, including bridges. In addition to the roadbed, this agreement includes all curbs, culverts, and drainage structures within the right -of -way at the time of transfer. The CITY shall be responsible for maintenance of the right of way and of public sidewalks, bike paths, and other ways in the right -of -way. (b) The DEPARTMENT gives up all rights to the road, including the right -of- way, except as may be specified in this agreement. (c) It is agreed that all obligations of the DEPARTMENT, under any maintenance, utility, or railroad crossing agreement or other such agreement, relating to any specific road to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. If the agreements were made between the DEPARTMENT and the CITY, and the DEPARTMENT will no longer be involved after the transfer takes place, new agreements or amended agreements shall be made between the DEPARTMENT and the CITY. These agreements shall be negotiated and signed prior to District Secretary approval of the final Transfer Agreement. The DEPARTMENT acknowledges that copies of any existing permits, agreements and easements have been turned over to the receiving entity for their records prior to execution of this agreement. (d) The DEPARTMENT will offer an opportunity for a public hearing stating that the state road number will be removed, once the roads are transferred to the CITY. (e) If there is evidence of historical or archaeological resources that could be adversely impacted after a transfer, the CITY agrees to maintain the resources in accordance with the Cultural Resource Management Coordinator recommendations. If no evidence is found, the CITY agrees not to adversely affect any such resources if found after the transfer. (f) When Federal -Aid funding has been used on a road to be transferred, the local governmental entity shall enter into a project agreement with the Department in accordance with Topic Number 850- 065 -001, Inspection of Federal -Aid Projects under Local Jurisdiction (State Maintenance Office). (g) Existing deeds or right -of -way maps will be recorded, by the CITY, in the public land records of Miami -Dade County in which the right -of -way are located. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation District VI Planning Office 1000 NW 111 Avenue, Room 6112 Miami, Florida 33172 Telephone 305 -470 -5479 Fax 305- 470 -6737 Attn.: Ernesto Polo, P.E. Asst. Planning Manager City of South Miami Public Works & Engineering 4795 SW 75 Avenue Miami, Florida 33155 Telephone 305 - 663 -6350 Attn.: W. Ajibola Balogun, REM Director of Public Works & Engineering Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY OF SOUTH MIAMI mm Authorized Signature ATTEST: Clerk LEGAL REVIEW: Local Legal Counsel STATE OF FLORIDA DEPARTMENT -OF- TRANSPORTATION [:m District Secretary ATTEST: Ernesto Polo, P.E. Asst. Planning Manager LEGAL REVIEW: District Legal Counsel Jeb Bush Planning Environmental Management Office Governor 1000 NW 111 Avenue, Room 6112 Miami, Florida 33172 Phone 305- 470 -5479, Fax 305- 470 -6737 Denver J. Stutler, Jr. Secretary ROADWAY JURISDICTIONAL TRANSFER Attachment A State Road 986 /Sunset Drive /SW 72 Street Roadway ID: 87 -055 -000 Section Description: SR 986 /Sunset Drive /SW 72 Street Jurisdiction: Florida Department of Transportation From Milepoint: 5.800 SW 69 Avenue To Milepoint: 6.788 US -1 /S Dixie Highway Total Miles: 0.988 Location: City of South Miami, Miami -Dade County RESOLUTION NO. 43 -06- 12184 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY. OF SOUTH MIAMI, FLORIDA, ACCEPTING FLORIDA DEPARTMENT OF TRANSPORTATION'S PROPOSAL TO TRANSFER OWNERSHIP OF SUNSET DRIVE FROM US -1 TO SW 69TH AVENUE (CITY LIMIT) TO THE CITY, IN LIEU OF THE CITY'S REQUEST VIA RESOLUTION No. 95.05- 12074: PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission accept the ownership transfer of Sunset'Drive from US -1 to SIN 69"' Avenue (City Limit) to the City ?of South Miami; and WHEREAS, in order to control the changes, operation, permitting and maintenance associated with the proposed improvements set forth in Resolution No_ 9� -05- 12074, the City wishes to accept the conveyarice of the portion of Sunset Drive: and WHEREAS, the Mayor and City Commission authorize the City Manager to work with Florida Department of Transportation (FDOT) on whatever steps it takes to transfer the street to the City. NOM/, THEREFORE, BE IT RESOLVED BY THE -MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the City accept the ownership transfer of sunset drive betwean US -1 to SW 69h Avenue; and that the City Manager Is authorized to work with FOOT lon the issues relating to the transfer of operations, permbng, maintenance and improvements of Sunset Drive. Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this _ day of .2006. T: AP OVED:: CLERK MAYOR READ AN ED AS-TO FORM: COMMISSION :VOTE: 5 -0. �- Mayor Fellu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer:. Yea CI ORNEY Commissioner Birts: Yea Commissioner Beckman: Yea Include NO Name and Path RESOLUTION NO. 95-05-12074 A RESOLUTION OF THE MAYOR AND CiTY COMMISSION OF THE CITY OF SOUTH, MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH ESTARLTSHiNG A LANDSCAPED BUFFER MEDIAN IN COMPLIANCE WiTH THE "HOMETOWN PLAN" AREA 2; PROVIDING FOR AN EFFECTIVE DATA;. WHEREAS, two urban design charrettes were held in the early 1990'swhiah resulted in South Miami's adopted "Hoihnetown Plan" Area 2; and WHEREAS, among the fundamentals in the plan accepted by the City is the statement, ".Streets must he shaded and heautif r!: the tree canopy over the streets should be restored where abscnt, using native trees with regular spacittj'; and WHEREAS the first of the listed "Specific Proposals" addresses Sunset Drive from 62 "d Avenue to Dixie highway, recommending the creation of planting strips and the planting of street trees and planting "trees in the median "; and WHEjRF AS, creating a landscaped median will ('according to the "Plan")slow traffic "making Sunset Drive safer fqr motorists and pedestrians" because "trees accentuate the sense of ..speed and will cause drivers to slow dowi ," and "Street trees are crucial tothe City's image and energy efficiency." NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION Of THE CITY .OF SOUTH MIAMI, FLORIDA, THAT: Section J, The City Manager is hereby authorized to contact FDOT to obtain authorization and /or to take whatever steps necessaryto ensure that agency's cooperation. Section 2. The City Manager is also authorized to proceed with the budgeting and planning of a landscaped Median on Sunset Drive from 62 "d Avenue to Dixie Highway, and shall bring to the Commission for their approval art estiniate of the related costs. Scc 'on 3. 'Phis resolution shall take effect irmiediately upon approval. PASSED AND ADOPTED this _ day of 2005 ATTEST: APPROVED: TY CL rfjK READ ANU APPROVED AS TO FORM: CiTY3A tNEY Jam.. o� Commission Vote: 4-0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wisct?mbe: absent Commissioner Birts- ',00per: Yea Commissioner Sherar: Yea . i/ i 39Vd `nav: ; i so-qu-w `St'69e9950E INVIP Hinos do h1I0 :h8 1N38 South Miami bftd AFANuMCRY -� CITY OF SOUTH MIAMI ` �NCORPZ 7ATE� • 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 Date: September 5, 2006 Subject: Centralized Valet Parking Item No. Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A CENTRALIZED VALET PARKING SERVICE FOR THE DOWNTOWN COMMERCIAL AREA; AUTHORIZING THE CITY MANAGER -TO-, EXECUTE A ONE -YEAR CONTRACT WITH AMERICAN PARKING SYSTEMS; PROVIDING FOR AN EFFECTIVE DATE. Reason/Need: During this coming year, the downtown Sunset Drive area will be experiencing the construction of the MRP/Municipal Garage which will intermittently disrupt traffic, and cause big problems with loss of available parking until the project is completed. During discussions with the area merchants, on ways to help minimize the difficulties, the idea of providing a centralized valet parking system was widely accepted and encouraged. The Manager called together a Valet Parking Task'Torce comprised of local Business Merchants and representatives from Laz Parking, 'the' City's parking company. The City requested proposals from three Valet Parking Companies: AmeriPark, which provides the valet parking for the Shops of Sunset; American Parking which provides valet parking for Macabi's and Town Kitchen and Bar, and Valet Plus which provides centralized valet parking for the City of Coral Gables. The members of the Task Force reviewed proposals from the three companies. They then asked each ;company to provide additional information. The companies made two presentations to the committee and the committee voted unanimously to recommend American Parking to the City Manager. We are therefore requesting permission to enter into a contract with a company that has demonstrated the capability of providing this service'lo our downtown area merchants at terms that are favorable to the City. Seen as a pilot program, this system would provide four locations at various points along Sunset Drive where the public could drop off their cars, they would then proceed to do their shopping, dining, etc. and then go to the nearest drop -off location and turn in their tickets. Their vehicles would then be brought to them at that location, thus eliminating the need to walk back =to their origination point. The City will act as the central point for contracting the Service.: The City will be providing the meters at a reduced rate of $10 per day, per meter. However, the City will receive 15% of parking revenue net of taxes in addition to the $3600 per month rental fee for the meters. Backup Documentation: Valet Parking Agreement Insurance Certificate Letters of Intent for Parking American Parking Systems proposal AmeriPark proposal Valet Plus proposal 2 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO A CENTRALIZED 5 VALET PARKING SERVICE FOR THE DOWNTOWN COMMERCIAL 6 AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -YEAR 7 CONTRACT WITH AMERICAN PARKIING SYSTEMS; PROVIDING FOR 8 AN EFFECTIVE DATE. 9 10 WHEREAS, The Mayor and City Commission of the City of South Miami recognize the need to 11 assist the downtown area merchants in their efforts to maintain and grow their customer base during the 12 upcoming period of construction of the MRP/Municipal garage; and 13 14 WHEREAS, the area of biggest impact during construction will be in the availability of 15 convenient parking for those wishing to conduct business in the downtown area; and 16 17 WHEREAS, a centralized parking system to serve the whole impacted area with inexpensive, 18 convenient parking appears to be the best solution for minimizing the impact of the construction on the 19 willingness of people to continue to come to downtown South Miami to frequent the shops and 20 restaurants located therein; and 21 22 WHEREAS, American Parking Systems, in the opinion of the Valet Parking Task Force, has the 23 experience, the personnel and the ability to provide the best centralized valet parking service to our retail 24 shopping area; and 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, the cost to the City will be approximately $12,000 in lost revenues from the parking meters, however, the City will receive 15% of parking revenues net of taxes which will help offset the City's costs. 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 hereby authorized to execute a one -year contract with American Parking Systems for the centralized valet parking service. Section 2. This resolution shall be effective immediately upon approval. PASSED AND ADOPTED this day of , 2006 ATTEST: CITY CLERK APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: C: (Documents and SettingsMothsteinlMy DocumentslReso -Ordl Valet Parking Reso.doc 2 o .ter CITY OF SOUTH MIAMI VALET PARKING SERVICES AGREEMENT This Agreement ( "Agreement ") is made as of this day of , 2006, by and between the City of South Miami ( "City ") and American Parking Systems Coral Gables, LLC ( "Operator "). RECITALS In consideration of the mutual covenants and agreement contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: The parties wish to enter into a Valet Parking Agreement whereby visitors to the downtown area will be able to utilize a centralized valet parking service. City hereby permits operator to use the following described three metered parking spaces as staging areas at each location identified by law, property in the City of South Miami (Premises), commencing on September 30, 2006 on the following day(s) Sunday - Thursday beginning at 11:00a.m. and ending at 11:00p.m. and Friday - Saturday beginning at 11:00a.m. and ending at 2:00a.m. 1. Scope of Services. 1.1 Operator shall use the premises solely for the purpose of valet parking services. 1.2 Valet Parking Services shall be provided from 11:00 a.m. until 11:00 p.m. Sunday — Thursday and from 11:00 a.m. until 2:00am Friday - Saturday, seven days per week or as mutually agreed on by the parties at the following locations: (i) Sunset Drive East/North side - meters 5713, 5715 and 5717 (ii) Sunset Drive East/South side — meters 5710, 5712 and 5714 (iii) Sunset Drive West/North side — meters 5821, 5823 and 5825 (iv) Sunset Drive West/South side — meters 5820, 5822 and 5824 1.3 Operator shall be responsible for procuring, maintaining and paying for parking space for the operation of the Services. Vehicles will be parked at the location(s) Operator submitted to the City attached as Exhibit `B ". All vehicles will be delivered to the Premises within 20 minutes of request. Page 1 of 9 2. Rent. 2.1 The City shall charge the operator at a discounted rate of $10.00 per meter, per day, per 12 meters that will be used as the staging areas; for the pick up and drop off of vehicles. The monthly rental fee for the 12 meters shall be of $3,600 due at the first day of each month. Any additional meters needed by operator must be requested in writing to the City. 2.2 Operator shall pay the city on a monthly basis fifteen (15 %) percent of the net parking revenue collected. For purposes of this Agreement, parking revenue shall include (i) all monies received for valet parking services; and (ii) all revenues collected from marketing or other revenue services that produce income for the operation. 3. Taxes 3.1 The Operator will be responsible for paying all taxes to any appropriate taxing authority. 4. Operation of Valet Parking 4.1 Parking Rates (a) A schedule of Valet Parking Fees is included as Exhibit "A ". (b) The Operator's posted fees shall not exceed the fees and adjust the fees to correspond to the prevailing market rates. (c) The City and Operator shall review the posted fees on an annual basis. 4.2 Operating Expenses. The Operator shall be responsible for paying all direct Operating Expenses. The term Operating Expenses shall mean the following costs and expenses incurred by the Operator in connection with the operation of the Services: (a) Wages, salaries, and incentive compensation for Operator's employees for services. (b) Payroll taxes and employee benefits which include health and life insurance programs, vacation, holidays, sick leave, a 401K program and worker's compensation insurance. (c) Payroll Processing. (d) Parking fees or rents. (e) Operator's cost to settle claims. Page 2 of 9 (f) Telecommunications. (g) The purchase, maintenance and repair, and replacement of uniforms. (h) Licenses, permits and insurance. (i) Tickets, signs, printed materials, office supplies, postage, pagers, and other expenses associated with the operation of the Services. (j) Other expenses as mutually agreed upon between City and Operator. 4.3 The operator shall maintain complete and accurate records and reconcile those records on a monthly basis. (a) Operator shall receive 100% of all parking and ancillary income revenues. (b) Operator shall pay the City 15% of the net monthly parking revenues. 5. Records and Monthly Operating Statement. Operator shall provide to the city accurate books and records relating to charges and credits to Parking Revenue and Operating Expenses. A monthly report is due to the City by the 15th day after the completion of the month. The City shall have the right to inspect and audit operation records. 6. Operating Procedures. Operator will maintain staging areas in a neat and clean condition and establish procedures and controls to minimize vandalism, theft and damage to parked cars. 7. Exculpation and Indemnification Clause. Operator agrees that it will indemnify, hold and save the City its officers, agents, contractors and employees whole and harmless, and the City's option defend them, from and against all claims, demands, actions, damages, loss cost, liabilities, expenses and judgments of any nature recovered from or asserted against City on account of injury or damage to person or property to the extent that any damage or injury may be incident to, arise out of or be caused either proximately or remotely, wholly or in part by an act, omission, negligence or misconduct on the part of Operator or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees or of any other person entering upon the premises, or when any such injury or damage is the result, proximate or remote of the violation Operator or any of its agents, servants, employees, contractors, patrons, guests, licensees or universal change from Operator to operator invitees of the premises. Operator covenants and agrees that in case City shall be made party to any litigation against Operator, or in any litigation commenced by a party against any party other than Operator relation to this Page 3 of 9 agreement or the Premises, the Operator shall and will pay all costs and expenses including reasonable attorney's fees and court costs, incurred by or imposed upon City by virtue or any such litigation. The terms of indemnification shall be effective unless damage or injury results in the sole negligence or willful misconduct of City. This provision shall survive this Agreement. 8. Ordinances and Regulations. Operator shall apply for and obtain a standard valet parking authorization from the City for each ramp location and comply with all applicable laws, statutes, the code of ordinances, land development code and other applicable requirements. 9. Responsibility for Damage. If the premises or any portion of the premises or any structure, equipment fixture or other item on in or under or attached to the premises shall be destroyed, damaged, marred, altered, or physically changed in any manner what so ever then Operator shall be responsible for restoring the property to its original condition ordinary wear and tear accepted. Operator is to properly care for all tools and equipment entrusted to Operator during the terms of the Agreement and all such equipment so entrusted which is lost, stolen, damaged or disappears shall be the sole responsibility of Operator and Operator shall pay the full replacement costs of to City. The Operator shall not provide valet parking services under this Agreement until he /she has obtained all insurance coverage required by the City. The Operator shall defend, indemnify and save the City harmless from any claims, liabilities, losses and causes of actions, arising out of a willful or unlawful act, or any negligent error or omission, or any negligent act(s) of the Operator. The Operator shall pay any and all claims losses incidental or otherwise and shall defend all such suits in the name of the City, when applicable, and, if found liable shall compensate the City for reasonable attorney's fees and, shall pay all costs and judgments including attorney's fees which may issue thereupon. 10. Insurance. As a condition precedent to being permitted to use the premises Operator shall at its own expenses, comply with all of the following insurance requirements of the City. Operator shall provide proof of the following insurance coverage to the City on, or before using the Premises. (a) Commercial general liability insurance, on an occurrence basis in the Amount of Two Million ($2,000,000.00) Dollar per occurrence and Five Million ($5,000,000.00) in the aggregate for bodily injury, death, property damage and personal Injury. The policy must include coverage for contractual liability. (b) It is understood and agreed that all coverage provided by the Operator are primary to any insurance or self - insurance program the City has for these premises and the Operator and their Insurance shall have no right of recovery or subrogation against the City. (c) All policies must be issued by companies authorized to do business in the State of Florida and assigned a rating of A+ or better per Best Key Rating Guide Latest Edition. A certificate or certificates evidencing the insurance of each such policy shall be delivered to City prior to commencement of the Agreement. Each such certificate shall provide that no such Page 4 of 9 policy of insurance may be canceled or otherwise terminated, except upon thirty (30) days prior written notice to the City. 11. Services. Operator shall provide the valet parking (services) Services at the premises in a first -class professional manner for all patrons. The Services shall be provided during the hours and on the days of the week specified in this Agreement. In furtherance of the foregoing, Operator shall manage, direct, supervise, promote and operate the Services at the Premises and shall perform all necessary and customary duties in connection therewith in conformity with good commercial practices. Operator shall provide courteous, efficient and prompt service to the Premises patrons. Operator acknowledges that the maintenance and operation of the Services on a first -class basis is an essential element for purposes of encouraging patrons to utilize the services. Operator agrees that its services hereunder shall be performed in a manner, which will enhance the operation. Valet Stands/Podiums, umbrella stands and all signage related to premises shall be subject to approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. 12. Personnel. Operator shall recruit, employ, train and properly supervise all employees necessary for the smooth and efficient operation of the Services. All personnel employed by the Operator shall at all times and for all purposes be solely in the employment of the Operator. Operator shall provide minimum staffing to be mutually agreed to by the parties. Additional staff shall be provided for high traffic days. All of Operator's employees shall wear appropriate uniforms, and, when on the City premises, shall conduct themselves in a manner consistent with the standards, quality and image of the City. City may require the Operator to remove from employment at the City such employees of Operator as the City deems incompetent, careless or otherwise objectionable, or whose continued employment is contrary to the City's best interest. Operator shall purchase uniforms for all of its employees working at the Premises. The design and quality of such uniforms shall be subject to approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. 13. Claims. Operator shall be the primary contact for parking Premises related and vehicle- related claims and complaints relating to the Operation. City shall cause all parking Premises and vehicle- related claims and complaints received by the City (whether for articles missing from vehicles, damage to or theft from vehicles, personal injury sustained at the parking facility, discourteous treatment or otherwise) to be referred immediately to Operator for consideration. All claims must be processed and resolved in a timely fashion by Operator. 14. Term. The term of this pilot program agreement shall be for one year. If during the period of time after the Term Period, Operator continues to provide the Services and City continues to accept the Services, this Agreement shall continue on a month -to -month basis during such period of time (the "Post -Term Period ") unless the parties enter into a written agreement to the contrary. The Term Period of this pilot program on September 30, 2006 and continue until September 30, 2007. 15. Termination. In the event that either party breaches this Agreement, the other party may notify the breaching party of such breach and demand that the breach be remedied Page 5 of 9 within (i) seven (7) days if either parry may terminate this Agreement by providing the other parry at least thirty (30) days prior written notice of such termination. 16. No Partnership or Agency. The City and the operation are independent entities and the officers and employees are not and shall not represent themselves to be officers, employees or agents of the other. This Agreement does not constitute a partnership between the City and Operator. 17. Notices. Any notice or communication required or permitted hereunder shall be given in writing, sent by (i) personal delivery to the undersigned signatory parties or expedited delivery service with proof of delivery (provided that such delivery is confirmed by the courier delivery service); (ii) depositing same in the United States mail by either certified or registered mail with postage prepaid and return receipt requested; or (iii) telecopy transmission if confirmed by regular mail or expedited delivery service, addressed as follows: To Operator: Jose Luis Diaz Angulo, Project Director American Parking Systems 2308 S.W. 24 Avenue Miami, Florida 33145 To City: Yvonne Soler McKinley City Manager 6130 Sunset Drive South Miami, Florida 33143 18. Other Terms and Conditions. The Operator shall provide, at Operator sole cost and expense, off duty City of Miami Police Officer for special events as may be required by the City Manager. 19. General Provisions. (a) Severabilitv. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this Agreement shall be ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. (b) No Waiver. The failure of a party to insist upon strict performance of any term, to claim any interest, or to exercise any power, right or option contained in this Agreement, in any one or more instances, shall not be construed to be or constitute in fact a waiver or relinquishment of that party's right to assert and enforce its rights regarding any such term, interest, right, power, or option in any future instance. (c) Modification and Rescission. This Agreement may be modified or rescinded only by a writing signed by the parties making specific reference hereto. For so long as Page 6 of 9 the City of South Miami is the Landlord, any modification or rescission of this Agreement shall require the approval of the City of South Miami Commission. (d) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida without regard to its conflicts or choice of law and venue for any proceeding hereunder shall be in the Circuit Court for and in Miami -Dade County, Florida. (e) Interpretation. Unless the context of this Agreement indicates a contrary intent, words in the singular shall include the plural and vice - versa, and words in the masculine gender shall include the feminine or neuter genders as appropriate. Paragraph headings are for conveniences only and shall not in any way affect the interpretation of any provision of this Agreement. (f) No Discrimination. Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual preference, age, ancestry, marital status, handicap, place of birth, or national origin. (g) Non - Waiver of Sovereign Immunity. The City does not waive sovereign immunity, and shall not be liable, for the payment of attorney's fees or prejudgment interest. Nothing contained herein shall be construed as a waiver, by the City of the liability limits established in section 768.28 of the Florida Statutes. (h) Duplicate Originals. This Agreement is fully executed by the parties in duplicate identical original instruments, either of which may be introduced into evidence in any proceedings as conclusive proof of the text thereof. Each party acknowledges receipt of one fully executed Agreement. (i) Incorporation of Recitals. The foregoing recitals are hereby incorporated and made a part of this Agreement. Page 7 of 9 [SIGNATURE PAGES TO FOLLOW] IN WITNESS WHERE OF, the Operator has executed this Agreement this of , 2006. CITY: City of South Miami LE Yvonne Soler McKinley, City Manager ATTEST: City Clerk CORPORATE SEAL (Affix here) READ AND APPROVED AS TO FORM: Luis R. Figueredo, City Attorney OPERATOR: American Parking Systems Coral Gables, LLC am (Signature) (Title) I. -7400 1.I (Signature Corporate Secretary or Witness) Please check one of the following: day • Corporate Acknowledgement • Partnership Acknowledgement • Individual / Sole Proprietor Acknowledgement CORPORATE SEAL (Affix here) Page 8 of 9 Exhibit A *Valet Parking Rates are as follows: Valet Parking Hours of Operation (Lunch): 11:00am- 4:OOpm 0 — 4 Hours $ 5.00 Over 4 Hours $10.00 Hours of Operation (Dinner): 4:OOpm — 2:OOam 0 — 4 Hours $ 7.00 Over 4 Hours $12.00 (Any vehicles left overnight are subject to $25.00 overnight charge) *Any Valet parking rate changes are subject to prior written approval by City of South Miami Page 9 of 9 CITY OF SOUTH MIAMI FINANCE DEPARTMENT VALET PARKING PERMIT The City of South Miami shall issue valet parking permits to valet operators who conduct operations on public property. No valet parking shall occur on public property without the operator securing a valet parking permit from the City's Finance Department. A separate permit is required for each location where valet parking services are provided. Valet parking permits shall only be issued to operators who are licensed by the City of South Miami. Company Name: Location Servicing Name: Days of Operation: Storage Location Location Address: Meter #s (incl. L'Z): INSURANCE Insurance infonnation forward to Finance Director on Insurance status received form Finance Director on _ Insurance status received from Finance Director on _ INDEMNITY Indemnity agreement forwarded to City Attorney's office on _ Indemnity agreement received from City Attorney's office on Indemnity agreement received from City Attorney's Office on Approved Disapproved INCORPORATION Yes [ ] If incorporated, the valet operator shall provide a copy of its articles of incorporation. NO[ ] Approved Disapproved ESTABLISHMENT LETTER Notarized written authorization on company letterhead from owners/ operators of the City- licensed commercial establishments for which the valet operator is providing parking services. OCCUPATIONAL LICENSE Valid valet parking occupational license from the City of South Miami. STORAGE FACILITY Identification of the location of vehicle storage, and proof in the form of an executed lease or rental agreement, or notarized letter of authorization from the owner of the property, either of which shall include the number of spaces authorized for use by the valet operator, and term of the lease or agreement for storage spaces sufficient to service the establishment for which the permit will be issued, The storage space must meet all requirements pursuant to all applicable City of South Miami Codes and Ordinances. IMPORTANT -1F THERE IS A CHANGE IN ANY OF THE ABOVE INFORMATION, IT IS THE RESPONSIBILITY OF THE VALET OPERATOR TO INFORM THE FINANCE DEPARMENT ALL CHANGES WILL REQUIRE ISSUANCE OF A NEW PERMIT. Valet Permit Valid from Valet Permit Issued By: cc: Finance Planning Code Enforcement to (Maximum period — I year) Date CITY OF SOUTH MIAMI FINANCE DEPARTMENT INSURANCE AFFIDAVIT FOR VALET PARKING PERMIT This fonn is to be completed by valet operator requesting the use of public spaces. Company's Name: Address: Telephone: ( ) other: ( Contact Person : City: State: Zi Fax ( ) NAME and ADDRESS of BUSINESS being SERVICED by Valet Parking Operator Storage Facility Address and Property Owner Valet Parking Operators must attach a Certificate of Insurance and a certified copy of their policies to this application form and return to the City's Finance Director for detennination that the insurance requirements of LDC Section 20 -4.4 (m) (2) (a) have been met. The following are the City requirements for issuance of a valet Pen-nit. Commercial general liability or garage liability insurance in the of $ 1,000,000 per occurrence and per location covering bodily injury and property damage resulting from the valet operator's activities connected with the handling of vehicles on public property. This policy must name the City as an additional insured. Garage keepers legal liability insurance to provide collision and comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of $300,000 per location with a maximum Self - Insured Retention (SIR) or deductible of $1,000. All required policies are to be issued by companies rated A or better per Best's Rating Guide, latest edition and must provide the City with 30 days written notice of cancellation. Any deviation from this requirement is subject to the City Finance Director approval. I agree to maintain insurance as listed above in full force during the permit year and will provide updated Certificates of Insurance annually on or before the expiration date of the certificates on file with the Department. Valet Operator : Title: Date: To be completed by Finance Department: Approved: Date: Not Approved: Date A.CORV. CERTIFICATE OF LIABILITY INSURANCE OP ID GS _ AMERI05 DATE (MM /DD/YYYY) 08/25/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketers, Inc. 141 Almeria Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER OLTIEY EFFECTIVE (MM /DD/YY) Coral Gables FL 33134 Phone: 305 - 442 -9507 Fax: 305 - 447 -8527 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Chubb Group of Insurance Compa INSURER B: AIG EACH OCCURRENCE $ 1000000 INSURER C: American Parking Systems -Coral rA� INSURER D: 2308 SW 34th Avenue Miami FL 33145 79564957 04/03/06 04/03/07 MED EXP (Any one person) INSURER E: rnvconr_re THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN TYPE OF INSURANCE POLICY NUMBER OLTIEY EFFECTIVE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS l�ykFl PRESENTATIVE GENERAL LIABILITY EACH OCCURRENCE $ 1000000 — PREMISES (Ea occurence) $ 100000 rA� X COMMERCIAL GENERAL LIABILITY 79564957 04/03/06 04/03/07 MED EXP (Any one person) $ 0 CLAIMS MADE I " OCCUR PERSONAL & ADV INJURY X GARAGEKEEPERS COV $ 1000000 X P_o 1 . Max . Agg . $ 5M GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1000000 Emp Ben. 0- X POLICY PE� LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) r- HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ - A ANY AUTO 79564957 04/03/06 04/03/07 AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 1 OCCUR [ CLAIMS MADE AGGREGATE $ $ I $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY_LIMITS I B EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICERIMEMBEREXCLUDED? WC0089540600 -2 04/12/06 04/12/07 E.L. EACH ACCIDENT $1000000 - -- — - - - -- $1000000 - - - - -- E.L. DISEASE - EA EMPLOYEE If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 OTHER A ' *Garagekeepers Cov 79564957 04/03/06 04/03/07 Each Auto 250,000 GK- Agg.All loc .$5M (COMP.& COLL COV.) Each Loc 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Vallet Parking Operations,Certificate Holder also Named as Additional Insured with regard General Liability Coverage.Coverage are subject to the terms,conditions deductible and exclusions shown in the policy.10 days notice of cancellation for non payment of premium. CERTIFICATE HOLDER CANCELLATION CITYS -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of South Miami 6130 Sunset Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Miami FL 33143 REPRESENTATIVES. l�ykFl PRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 LETTER OF INTENT August 22, 2006 The Richard- Brandon Company. 7301 SW 77 Ct. Miami, FL 33143 Dear: Brandon Lurie Parkinq Lot Leasing Please accept this letter as a sincere expression of American Parking System Coral Gables LLC intent to negotiate in good faith with The Richard- Brandon Company for the usage of Parking Lot area. This area will be rented to be part of the Pilot program for a Centralized Valet Parking Operation on Sunset Blvd, upon the Following terms: Binding Nature This letter is not intended to be and will not create any legally binding obligation on anyone. This entire transaction is subject to the negotiation and execution of a legal agreement as reasonably required by our lawyers, to be negotiated following execution of this Letter of Intent and executed on closing. Definitive Leasing Agreement All of the terms and conditions of the proposed transaction would be stated in the Leasing Agreement, to be negotiated, agreed and executed by The Richard- Brandon Company and American Parking System Coral Gables LLC. Neither party intends to be bound by any oral or written statements or correspondence concerning the Leasing Agreement arising during the course of negotiations, notwithstanding that the same may be expressed in terms signifying a partial, preliminary or interim agreement between the parties. IN WITNESS WHEROF, the parties have executed this Letter of intent as the date first above written. American Parking Systems The Richard - Brandon Company. Coral able , LL BY: 7Z BY: Print Name: Print Name: i�Y'�/)�d/� LUrr� ITS: !�l rA - i. ITS: M DATE: E� DATE: Z� �� American Parking Systems Coral Gables LLC AMERICAN PARKING SYSTEMS -CORAL GABLES LLC VALET PARKING SERVICES This Agreement is dated this July 14, 2006 and is created by and between American Parking Systems - Coral Gables, LLC, hereinafter referred to as APSCG, and Seven Skies Building for the purpose of Parking Lot Operation for the location set forth within Exhibit A of this agreement. A. Schedule: APSCG shall submit a written schedule which will meet the approval of Seven Skies Building, APSCG will include the following in the schedule: 1. Proper supervision of workers. 2. Adhere to Local, State and Federal regulations and requirements. 3. Details of specific duties and days of performance. B. Safety: APSCG shall be responsible for initiating, maintaining and supervising all safety precautions and programs to prevent injury to workers on the site and any other persons who may be affected by APSCG performance. APSCG shall comply with O.S.H.A. Regulations. APSCG employees shall be instructed in personal measures to take in the event of an emergency. C. Hours of Service: Parking Lot Operation shall provided as per schedules noted in Exhibit A, Scope of Services attached. Hours of Operation emergency service must be available throughout the three months period agreed, without regard to daily schedules. American Parking Systems Coral Gables LLC American Parking Systems Coral Gables LLC AMERICAN PARKING SYSTEMS — CORAL GABLES LLC SCOPE OF SERVICES EXHIBIT A Parking Lot Operation The Scope of Services outlined below should be referred to as a guide rather than a limit of duties and obligations, as the intent of this Agreement is to provide a comprehensive security program as hereinafter described. 1. SCOPE OF SERVICES A. APSCG will ensure that the valet area is always free of trash and other unsightly debris. B. APSCG Manager is responsible for all communication to Seven Skies Building concerning any issue to ensure that all Seven Skies Building requests are addressed in a professional and timely manner. C. APSCG is responsible for scheduling all staff in order to ensure that Seven Skies Building has adequate coverage during Operating Hours. Valet Operating Hours are; Monday - Sunday 6.00 m to closin U. FEE STRUCTURE: APSCG Shall pay the amount of 700.00 per month per parking lot usage, according to the schedule mentioned. APSCG shall pay the amount mentioned in within the first (5) days of every month. III. LOCATION. 7210 Red Road, South Miami FL, 33143 American Parking Systems Coral Gables LLC American Parking Systems Coral Gables LLC D. Uniforms: APSCG service employees shall, at all times, be clearly identified by the wearing of full uniforms with APSCG logo. E. Personal Training: All service employees shall be trained for their specific duties as specified in Exhibit A, Scope of Services attached. APSCG shall keep an employee file, which will be made available upon Seven Skies Building request. This file will contain records of which areas of training an individual employee has received and his current assigned duties. I II. TERM: This agreement shall be in effect, commencing on July � 20061 and continuing thereafter on a month basis for a period of three months. III. PERMITS/LICENSES: Prior to the commencement of services, APSCG shall provide Seven Skies Building; with evidence certifying that APSCG has been issued all required licenses and permits to perform the services herein. APSCG shall furnish current and valid copies of all required licenses and permits at any time, upon Seven Skies Building request. APSCG warrants and represents that it shall comply with all local, state and federal regulations and requirements. IV. INSURANCE: Prior to commencement of services, APSCG shall furnish Certificates of Insurance evidencing required insurance coverage. j V. PROTECTION AND DAMAGE: APSCG shall, without additional expense to Seven Skies Building, be responsible for all damages to persons or property that may occur in connection with the contracted work performed, but only to the extent of APSCG negligent performance. American Parking Systems Coral Gables LLC American Parking Systems Coral Gables LLC VI. ENTIRE AGREEMENT: This Agreement contains the entire agreement between APSCG and Seven Skies Building. All prior negotiations are merged in this Agreement, and there are no understandings or agreements other than those incorporated herein. This Agreement supercedes any and all other previous agreements. This agreement may not be modified except by written instrument signed by both parties. VII. IN WITNESS WHEROF, the parties have executed this Agreement as the date first above written. American Parking sterns Coral Gables, LLC S BY:1� Print Name: ITS: `�� v1f DATE: -7 ! 9 J o ,6 Seven Skies Building BY: Print Name: ITS: �( DATE: `-7 1 * 6 b American Parking Systems Coral Gables LLC z Taking South Florida to Its Best A Proposal from American Parking Systems Coral Gables LLC To Cit y of South Miami July 12, 2006 �I American Parkin ems Coral Gables - LK Submitted to: City Manager Prepared by: Jose Luis Diaz Project Director Business Development Director July 12, 2006 6130 Sunset Drive South Miami Florida 33143 Our Commitment American Parking Systems Coral Gables LLC is proposing a complete solution for a Centralized Valet Parking Operation. We have the combined resources to ensure that any requirement can be fully realized with mature procedures that meet and exceed all technical aspects, human resources and performance set forth in you Request for Proposal. Our knowledge in valet parking and deep understanding of Sunset Drive's traffic situation, especially from 57 St until Dixie Highway (US 1) sector, put us several steps ahead. We have developed an overall plan covering in detail every aspect of the project. Jose Luis Diaz Project Director Business Development Introduction American Parking Systems firmly believes that a strong commitment to our clientele is the right way to initiate any agreement. The City of South Miami and its on going representation of a constantly growing number of businesses associated with this project, as well as the City Manager and her team supporting the evolution of one of the most important areas in South Florida, deserve not only a commitment they also need a reliable and dependable company that represents an uncountable group of people devoted to the goal of taking South Miami to its best. The idea of centralizing the way automobile traffic is behaving on 57 St until Dixie Highway (US1) will be in many ways a positive approach to a great deal of business for the entire area. A Centralized Valet Parking fundamentally will make the Sunset Drive and its surroundings even more accessible and enjoyable to locals and visitants. American Parking Systems Coral Gables LLC is one of the companies belonging to Astri-Group and is located at: 2308 S.W. 34 Ave Miami, FL 33145 Office: (305) 445 -0476 Fax number: (305) 445 -9419 Our head team has been working in the valet business for almost a decade and American Parking Systems Coral Gables LLC has been in the market for more than two years with an impeccable record of service and. the highest degree in customer satisfaction in Coral Gables. We also have a workforce of more than 75 active employees loyal to the company and its policy. American Parking Systems has divided the Centralized Valet Parking Operation project in three aspects in order to wisely manage and maintain a high standards level that guarantees its success. • Customer Satisfaction • Operation and Performance • Communication - Customer Satisfaction The best technology, a beautiful set up, impeccable uniforms, etc, will mean nothing if the personnel has not been trained to offer the level of service necessary to make this project to grow. American Parking Systems understands this principle, and that is the reason why we have invested a great amount of time and human resources in training, to provide the best attention that our clientele might get, from the moment a customer steps out of the car at any of our locations, our team knows the right way to offer a good first impression and make a created a comfortable environment whether it be to an individual or an entire group rain or shine. - Performance and Operation American Parking Systems has deeply looked for ways to make our response time as minimal as it gets keeping always in mind security and responsibility. The Sunset Drive is a two -way street, reason why the area designated to pick up and delivery cars (ramp) at any station will be our priority. Our team recognizes this critical aspect in a valet operation and by previous experiences we have learned that, the right number of people will perform better so we never hesitate in having an extra runner and personnel on -call ready to respond to an eventuality. - Communication A constant communication will keep the union strong. American Parking Systems has a strict commitment of maintaining informed and involved the City of South Miami as well as owners and merchants on a daily basis operation to maintain standards and improve our Centralized Valet Parking Operation. About us APSCG is recognized as one of the best Valet Parking Companies. Our high profile clientele is a proven fact of what a dedicated and reliable commitment means to our entire staff. Well- recognized Establishments such as Fleming's Prime Steak House, Chispa Restaurant, Katrine's, La Cofradia, Macabi Cigars of South Miami, Meson de Ria de Vigo and Chocolate Restaurant among many others, are a perfect prove of our dedication with your business. Human Resources: APSCG will provide the necessary human resources to operate the parking concession based on the staffing levels pre- approved by project management. In addition to our on -site Supervisor, we will appoint an experienced Operations Manager to oversee the day to day operations, which will be available at all times to City of South Miami. Operating Expenses: APSCG would pay all routine operating expenses including, but not limited to: payroll costs; benefits; uniform expenses; supplies; tickets; cost of liability insurance premiums and claims; etc. The City of South Miami will be responsible for the maintenance and security of the Premises; cost of repairs of structural nature, property taxes, or any capital purchases. Insurance: APSCG would provide General Liability and Garage Keeper's Legal Liability Insurance in the amount of $5,000,000 combined single limit each occurrence; Umbrella Excess Coverage in the amount $2,000,000; Worker's Compensation Insurance — Statutory; and all personal property belonging to Owner. Additionally, APSCG would be responsible for processing all claims. eriP a, rk Valet Parking Proposal For: City of South -Miami July 2006 Confidential TO: Ms. Yvonne McKinley DATE: July 11, 2006 City Manager — City of South Miami 6130 Sunset Drive South Miami, FL 33143 Phone (305) 668 -2510 Fax (305) 663 -6345 E -Mail: ymckinley @cityofsouthmiami.net VIA E -Mail FROM: Jason Bagley Ameripark 305 S Andrews Blvd Suite 410 Ft Lauderdale, FL 33301 Phone (305) 494 -1612 Fax (954) 759 -3460 E -Mail: jbagley @ameripark.com EXECUTIVE SUMMARY AmeriPark is pleased to provide this proposal to meet your unique circumstances and we are excited about potentially being selected as the vendor to provide valet services. In our experience, the best customer relationships emanate from instances that we partner with our clients and structure deals that are mutually beneficial. 'instances of our proposed approach include: • AmeriPark will provide "turn key" valet service that will require as much or as little direct involvement of management as desired. AmeriPark's primary function will be to provide valet parking ambassador services for guests of Sunset Drive Merchants. All vehicles will be accepted and returned to the designated drop -off areas. All vehicles will be handled with caution and care. All valet ambassadors will follow AmeriPark University Service standards. • Efficient management of all aspects of the valet parking operation in order to provide superior customer service to the guests.. Our dedication to customer service is unparalleled in the industry, and we hope to have the opportunity to Confidential demonstrate this to The City of South Miami. AmeriPark places great emphasis on training each valet to provide the best possible customer service. For example, we strive to deliver a "warm- welcome" and "fond- farewell" to every guest because AmeriPark recognizes that we are the first and last impression for our client's customers. At Sunset Drive Unified Valet we will strive for that personal "touch" between the valet and guests. We understand the personal relationship between the guests and the valets and will strive to meet all their needs. • In general, AmeriPark's approach at Sunset Drive Unified Valet consists of utilizing higher quality, incentive - driven personnel that will result in superior service. The pay structure will provide inherent incentive for each staff member to provide the highest level of service. • AmeriPark will provide staff for 7 days a week during regular store hours and staying beyond for restaurant guests. There will be a minimum of one valet ambassador per stand, per shift. Volume levels will determine a more detailed staffing schedule. • AmeriPark proposes a $5.00 daytime and $7.00 nighttime charge for all customers utilizing the unified valet service. Each merchant will be given the opportunity to offer a discount to their customers who use the valet service, to be reimbursed to the actual rate to AmeriPark. • AmeriPark proposes retaining all monies collected, which will cover all labor, training costs, payroll burden, supplies, claims, and insurance associated with managing the account. In addition, as this is a very labor intensive account, we would ask the City of South Miami to assist in paying $2.50 for every labor hour worked. • AmeriPark has a successful sponsorship and advertising program in place at several locations that should be easy to replicate for such a high profile account. A partial amount of revenues generated for a program such as this can be used to offset some of the City of South Miami's expenses. • Vehicle storage is to be provided by the City of South Miami. We feel that our existing spaces at the Shops at Sunset Place would be ideal as they are currently underutilized and in close proximity to proposed valet drop -off areas. • AmeriPark's labor pool in south Florida will be readily available as supplemental labor when needed for any peak demand periods. As of May 2006, AmeriPark maintains approximately 180 employees at 15 locations in the south Florida area and we are experiencing rapid growth in this market. • In addition to customer service, AmeriPark takes great pride in providing the best possible client service. Perhaps the best indicator of this management focus is that AmeriPark has never lost a client due to inadequate customer service in its 20 -year history. Confidential AMERIPARK BACKGROUND CEO Chip Patterson founded AmeriPark in 1986 while a student at Georgia State University in Atlanta, where he was working to put himself through school as a valet. Chip differentiated himself with his work ethic and attention to detail. A leading Atlanta businessman noted his work and one of the city's top restaurateurs, who asked Chip to provide valet services for his company, and AmeriPark's predecessor - Atlanta Valet Parking -, was born. AmeriPark's approach to the parking business is from the service side, not the asset side. The company's mission is "Winning through Service" and AmeriPark's people believe that every interaction with a guest, client or teammate,ris an opportunity to "win ". Winning means a smile, a "thank you" or, perhaps, a "good job ". Ultimately, it means a good relationship and a loyal guest, client or teammate. The following illustrates our philosophy. AMERIPARK'S PHILOSOPHY IS THAT VALET PARKING IS DIFFERENT THAN TRADITIONAL PARKING Traditional parking Asset management Low customer "touch" Systems built for transaction volume --I,- Occupancy rate is key business metric Driven by price, location Valet parking People management Very high customer "touch " Systems built for information (customer} vehicle, arrival) Repeat business is key business metric Driven by service, service, service. AmeriPark has a longstanding reputation as one of the premier valet parking operators in the country. We believe that our attention to detail and service oriented operating principles equip us to be able to successfully manage parking the parking operation of Sunset Drive Unified Valet. Presently, AmeriPark has over 300 accounts in the U.S., with' current operations in its hometown of Atlanta, along with Miami /Ft. Lauderdale, Orlando, Jacksonville, Southern California, Birmingham /Huntsville, Charlotte, Raleigh, Boston, Washington D.C. /Baltimore, Indianapolis, and Hawaii. AmeriPark has over 1,200 employees and handles over six million cars annually SUPPLEMENTAL INFORMATION Confidential Staffing AmeriPark will assign a Manager to Sunset Drive Unified Valet. Our manager will be the linchpin for the success of the operation. This individual will be responsible for conveying and implementing AmeriPark's trademark customer service attitudes and beliefs. AmeriPark takes great pride in hiring the best and the most service- oriented valet employees available in the market. We seek higher quality individuals and have better retention by paying above the competition. Hiring/Training Unquestionably our product is our people. AmeriPark has made a significant investment in the way we recruit, hire, and train our associates. AmeriPark is an equal opportunity employer. Our candidate screening process includes both a physical and a verbal /written communications test. Through various levels of training every associate has an opportunity to be promoted and to take on more responsibility. In addition to our ongoing training, AmeriPark has developed and implemented two career development programs; The Key man Program for senior regional managers and The Management Advancement Program (MAP) for any associate interested in management. MAP is a nine -month long mentoring program in which the "student" is exposed, through on -the- job- training, to every aspect of lot and valet management. MAP certification also includes management certification through the American Management Association (AMA). The Sunset Drive Unified Valet employee base will be a direct extension of our corporate and regional offices and therefore be challenged to have the utmost integrity and work ethic. Each and every employee will follow and adhere to the AmeriPark Standards to ensure quality. It is imperative that each has defined role and responsibility on every shift and they must be accountable for their actions. AmeriPark General Standards of Excellence All employees 1. Always be in uniform. 2. Wear nametags and look presentable. 3. Be alert, make eye contact with the guest and smile. 4. Greet each guest with a positive attitude: 5. Anticipate the guest's needs. 6. Act professional at all times. 7. Avoid negative impressions. 8. Have a can -do attitude with problems. 9. Be a team player and keep your lot clean.' 10. Direct all problems to the manager. Valet employees 11. Greet the guest 12. Fast on your feet, slow in the seat. 13. Idle in the space, idle out of the space. 14. Always secure the vehicle. 15. Code keys correctly every time. Confidential 16. Refrain from interrupting the guest. 17. Ask to assist the guest. 18. Open /Close doors before. 19. Goodbye and "Thank you!" The AmeriPark Standards of Excellence are designed to provide a satisfied guest. AmeriPark strives to uphold its Standards of Excellence in all its operations. Service Requirements Below is an outline regarding our screening, orientation, and training program: Screening • Candidate passes a behavioral based interview — Favorable responses are those that show a selfless attitude • Candidate Criminal Background is searched — those with theft, fraud, or violence are turned away • Candidate Motor Vehicle Record is obtained and reviewed — 6 point maximum (valel requirement) • Candidate performs the AmeriPark Fitness and Driving Test — Fitness (Run) Test is on a pass / fail basis, Driving Test is based on a points system (valet requirement) Orientation - • Paperwork • Introduction to AmeriPark — Policies and Procedures • Customer Service 101 —The AmeriPark way • On Lot Training Post Orientation — • Manager places new hire for 1St shift with designated, trained mentors • 1St Shift — Designated trainer acts as 'mentor' to the new employee on the lot. New employee shadows trainer for one hour minimum — before acting on own • 30 — 45 Day Field Review o Field Trainer follows up and conducts 'Field Review' o Review is based on the following criteria: • Technical Skills • Service Skills • Punctuality • Attitude • Appearance Insurance The core of AmeriPark's strategy is people (service) and risk management (the largest overhead expense). AmeriPark seeks to lead the industry in safety by having a full -time safety director on staff, tracking and managing every claim instance regardless of size and carrying full insurance coverage: ■ $1 million occurrence, $2 million aggregate general liability; $1 million combined single limit auto insurance; $1 million occurrence, $2 million aggregate garage liability Confidential (auto - only); $4 million occurrence /aggregate excess umbrella; $500k occurrence workman's comp Safety and Claims AmeriPark places great emphasis on safety at all accounts on behalf of both the customers and our employees. At Sunset Drive Unified Valet, AmeriPark will conduct regular meetings with appropriate AmeriPark personnel. The focus of these meetings will be to avoid preventable accidents, identify and eliminate any unnecessary risk, and assess potential operational improvements that could be implemented. As part of AmeriPark's Claims awareness program, AmeriPark's corporate safety director will have quarterly visits to the property as needed. The director will also provide a Safety Inspection Report along with Claims Awareness report (details trends in claims, historical data, and internal benchmarks) as part of program. Unfortunately, it is impossible to eliminate all accidents due to the nature of the valet business. In order to continue to provide the best possible service even at a difficult time, AmeriPark operates an internal claims department. This department is designed to communicate with the distressed customer both quickly and directly. 'Generally, an AmeriPark claims manager follows up on all claims within 24 hours of receiving an internal incident report. The claimant will receive completed claim form (details incident) and Claim Process Form (explains to claimant process in which claim will be handled with "next step" approach and proper contact information) at time of incident. Term AmeriPark proposes a 1 -year term with a 30 -day cancellation clause Indemnity AmeriPark agrees to defend, indemnify and hold Establishment, its officers, directors, employees, agents and successors harmless from and against any and all claims, suits, expenses, and liabilities, including reasonable attorneys' fees consequently, directly or indirectly arising out of Valet's failure to fully comply with the terms of this Proposal. In closing, AmeriPark greatly appreciates the opportunity to provide this proposal to The City of South Miami. Should you have any questions or comments, please do not hesitate to contact me. If acceptable, AmeriPark looks forward to finalizing the contract and working with you at this location. Jason Bagley Ameripark Date Yvonne McKinley Date City of South Miami Confidential AmeriPark Sunset Place Additional Stand Year One Proforma Scenarios Revenues: Parking Fees - 46 wks 142,600 Car assumptions: 213,900 Assumptions: low avg high Daytime - 46 wks 200 250 300 Evening - 46 wks 300 375 450 Daytime - 6 wks (15% spike) 230 288 345 Evening - 6 wks (15% spike) 345 431 518 Daytime Charge 5.00 5.00 5.00 Evening Charge 7.00 7.00 7.00 Labor Hours per Week - 46 wks 250 278 300 Labor Hours per Week - 6 wks 265 294 318 Labor Rate - Jan -Nov 6.4 6.4 6.4 Labor Rate - Dec 6.4 6.4 6.4 # of Weeks per Year - Non - Holiday 46 46 46 # of Weeks per Year - Holiday 6 6 6 Revenues: Parking Fees - 46 wks 142,600 178,250 213,900 Parking Fees - 6 wks 21,390 26,738 32,085 Hourly Billing 32,725 36,361 39,000 Gross Revenues 196,715 241,349 284,985 Parking Revenues 163,990 204,988 245,985 Claims _........... ,w,,,., «..�...,.�, Fmwa�rw -w� 7,935 9,919 11,903 Lease Expense- Annual 57,397 71,746 86,095 City Metered -Space Lease 0 0 0 Attendant Labor- 46 wks 73,600 81,778 88,320 Attendant Labor- 6 wks 10,176 11,307 12,211 Supervisor Additional Pay 9,360 9,360 9,360 Manager Bonus (IC Plan) 0 1,300 2,600 P/R Taxes 11,176 12,293 13,187 W/C Insurance 7,451 8,196 8,791 Supplies/ Misc./ Cell Phone 5,800 5,800 5,800 Liability Insurance 4,000 4,000 4,000 Total Cost of Sales 186,895 215,698 242,267 VGP WITH LEASE EXPENSE 9,820 25,651 42,718 s �� .C`% PROPOS AL FOR E VALET S TEM ITT O WNO S OTT T MT / lT 161 Aragon Ave. Coral Gables, FL 33134 Ph. 305 345.0195 1 305 345.3028 j Fax, 305 461.3303 www.valetplusparking.com I info@valetplusparking.com �a\et P /4s s -o W cu te` Miami, July 2006 Dear Customer: We are pleased to present you our company, VALET PLUS PARKING SYSTEMS, INC. We specialize in parking management and centralized valet parking service for Restaurants, Hotels, Condominiums, Clubs, Cities and all types of Special Events. With over 8 years of experience in South Florida and over 80 employees we have a good understanding of The City of South Miami centralized valet needs, we have been operating in Coral Gables since we opened our business in 1998 and started centralized operations in February 2001. Up to date, we are handling over 10 centralized ramps serving more than 20 Restaurants in the Coral ,Gables Downtown area, from Giralda Av. to Miracle Mile and between Salzedo and Merrick Way. Currently, we rent parking spaces from First National Bank of South Miami.'' Some of our Valued Customers are: • . HOUSTON'S RESTAURANT (Coral Gables centralized operation) • THE COUNTRY CLUB OF CORAL GABLES • CITY OF HOLLYWOOD FLORIDA (centralized) • LA DORADA RESTAURANT (Coral Gables centralized operation) • MAROOSH RESTAURANT • BELLEZA SPA • LE VERNIS SALON SPA. • HOTEL ST. MICHEL • CACAO RESTAURANT (Coral Gables centralized operation) • CHARLES SCHWAB BANK • FIRC CONTRACTORS • TURNBERRY BANK • CARAMELO RESTAURANT (Coral Gables centralized operation) • AKOYA CONDOMIUM (Miami Beach) • HOTEL WINDHAM GRAND BAY (Coconut Grove) • CENTRALIZED VALET OPERATION DOWN TOWN CORAL GABLES • TARPON BEND RESTAURANT • MAX'S GRILLE RESTAURANT • HOTEL DEAUVILLE RESORT MIAMI BEACH Our Main Office is located in Downtown Coral Gables at 161 Aragon. Thank you for the opportunity of submitting this presentation. If you should have any questions regarding our services, or need additional information, please contact us or visit our web site www.valelplusparking.com We loo ard t ep usiness in The City of South Miami Respectfull,,r,' 161 Aragon Ave. Coral Gables, FL 33134 Ph. 305 345.0195 € 305 345.3028 1 Fax. 305 461.3303 www.valetplusporking.com I info @valetplusporking.com APPROACH TO THE PROJECT - Approach and Methods We will have a staff of 2 runners and 1 supervisor in each ramp, as well as, 1 supervisor in the parking lot where the vehicles will be stored, who will be in constant communication through our network of portable radios and cellular phones. This will help us provide a fluid operation keeping vehicle turnaround as quick and safe as possible. - Management Plan We will have a General Manager oversee the daily operations, as well as, the supervisor of each ramp and the parking garage supervisor. We will maintain constant communication with the City Manager's Office and use their feedback to keep an optimal level of service. - Valet Service Provider We are currently managing a major centralized valet operations, in The City of Coral Gables and formerly The City of Hollywood, serving more than 40 restaurants. We also handle valet operations for Condominiums in Miami Beach, The Coral Gables Country Club, and businesses in The City of South Miami and Coconut Grove. We are a fully insured company, meeting valet parking insurance requirements. We also provide workers compensation for our employees. - Methodology Upon vehicle arrival, an attendant will open the door and greet the customer accordingly. The attendant will give the customer a ticket with a number that matches the one assigned to his vehicle and keys. The attendant will proceed to bring the car to storage at the designated parking garage. Once there, the attendant will bring the keys to the supervisor to be registered and safely placed inside a locked key box. The supervisor will instruct the attendant to either, walk back to the busiest ramp, or deliver a vehicle belonging to a waiting customer. Both, attendants and supervisors will be in constant communication in order to provide the highest level of service. - Involvement with City Manager's Office We will propose monthly meetings to discuss any suggestions for operation improvements, as well as, any complaints. We will also provide income and expenses reports in a monthly basis. - Promoting the Service We will suggest advertising special sales, discounts and promotions for the retailers of the area on our valet parking tickets, this could motivate customers to use the valet service in order to get the promotional coupons. We suggest keeping our services as they are, since any additional services would delay the valet operation and could be the cause for complaints and other issues. However, as the operation progresses, we could offer customers car wash service at an additional fee, if such facilities become available. �e QUALIFICATIONS AND PAST EXPERIENCE. We have experience running centralized valet parking operations since 2001. We are registered in the State of Florida and we are members of the Florida Parking Association.. Currently, we run one centralized operations The City of Coral Gables with 10 stations serving more than 20 restaurants, and formerly The City of Hollywood with 7 stations serving the Downtown Hollywood area shops, restaurants and night clubs. Attached are letters or recommendation from the following customers: B.I.D• Contact person: Mary Molina Address: 224 Miracle Miles Phone # 305 -569 -0311 Proiect: Centralized Valet Dates: July, 2004 OPERATIONAL INFORMATION - Staffing Level: 1 Operational Manager 4 Supervisors 10 Runners - Contact information: Henry Camejo (President) Cell: 305- 345 -0195 Office: 305- 461 -3303 henryna valetplusparkin com - Storage options: First Bank of South Miami. - Company experience in valet parking operation: We have been in the valet parking business for 9 years, with a successful operation thru south east florida. - Response time: 5 to 10 minutes to retrieve vehicles, and immediate action when there is an incident. - Service provided: Open vehicle doors and greet customers, park and retrieve vehicles. - Accident response: Supervisor calls manager to report accident and fill out a report (copy attached) if necessary, call police and insurance company. - Incident report: The ramp supervisor fills out an incident report to be submitted to the manager for investigation and follow up. - Design and setup: Podiums with umbrellas located on side walk next to the ramp, valet parking signs, nylon covers for each meter reading: Reserved - Valet only. - Number of paid claims in the last 12 months: We have paid 5 claims in the last 12 months. - Resumes of persons involved in the business: Attached. - Equipment to be used: 4 Two -way Motorola radios model SP -50, 10 channels, 4 watts 4 Valet podiums with umbrellas 4 Nextel cellular phones and radios 6 Magnum umbrellas 1 Set of jumper cables 1 Lockout kit 6 Traffic cones 4 Valet parking signs 12 Nylon meter bags 2 Key boxes (at parking facilities) - Special event experience: We have provided our services for several special events around the area such as: John Martins Restaurant Books and Books Library Church of Scientology La Cuisine Gourmet Jae's Fine Jewelers Luminaire Furniture Vivai Furniture Charles Swab Bank Turnberry Bank Rene Ruiz Couture Gem's Jewelers Hotel St. Michel Coral Gables Country Club Fortune Magazine Gables Gems Kapz atmosphere Micosukee Wine Tasting Festival As well as, galleries, theatres, weddings and private parties throughout the State of Florida. - Program concepts, marketing and revenues opportunities: We can offer retailers in the area, advertising space on our tickets for an additional fee. As mentioned above, we can also offer car wash service to the customers, if such facilities become available. HENRY CAMEJO 161 ARAGON Ave. Coral Gables, FL 331 34 (305)345 -0195 Professional experience: 1984 to 1986. Sales Executive for Cannon Pillows Corporation. Salesman of linen products to Retailers and Wholesalers. 1986 to 1991. Sales Manager for Cannon Pillows Corporation for Latin America. Management of the Sales Dept. for the Latin America Region, supervising a staff of 12 sales people. 1991 to 1997. Co- Owner, J &G Auto Corp. Car Dealer and Body Shop. Buying and selling vehicles. Running a body shop operation with a staff of 10 workers. 1997 to Present. President/ Owner of Valet Plus Parking Systems, Inc. Promoting valet parking services for restaurants, shops, hotels, etc. Maintaining the relationships between the business and its customers. � I l he -.__ r gym: Ma- Mo)iria",,,-r,,,,ioijna(q)shopcorai(.4ables cor-,I, iraMbo�h0flywoodf! org> Sent ',-,'4),rStJay February 03 2005 4 29 PA,1 Subject: Valet 4 rG I T',' Valet Pik,s Par-King. asked that I contact you to provide a reference 'lot nl.9 corj,,pa, ail ht! F X !!"(,Io, 3" Business Improvement Districi of Coral Gables ' Our district includes Miracle Mile and othe'r surrounding S',Ift,e-is the downtown We have been using Valet PIUS for one year to run our public valet service I know that fie has been in ,,siness in the Gables providing service to area restaurants for more time than that I recommend hirr, withos,)t h _ it, so -31 r g 5eT-oces VVe have been working wisih him recently or) implementing a larger. centralil-ed valet service and' ooK t,., C'ontinUlilIg our partnership vuuj you have any questions or need additional information please do not hesitate to contact me A'a r C! S 1 cc I J^( CLI 1) f) I 1A 11, sill I. I )I , 97/26106 82e41fe+ P. WL CITY of HOLLYWOOD, FLORIDA OPFICE OF PARKING SERVICES July 25, 2105 City of Coral Gabbs Attendw- Mary Motu Business improvement District of Coral Gables 224 Mirads Mile Coral Gables, FL. 33134 ' Re: letter of Rewvwr xMon Dear Me. Molina, This Ww b belt submitted at the request of Henry Conwjo, Valet Plus Parking Syetems, Inc. as a Letter of Reoor�msn isdon. Valet Plus .Parking Systems, Inc. was hied by to Cky of Hollywood on an wdo*n basis to work under a new Unified Valet Parking Program when the previous vendor rendered notice of canoetbrtion of conked. The Ofta of Perking Services works very closely wNh Mr. Camejo and his Supervisory staff. As with any other new program certain issues come up that need to be modified to melee the program work.. Mr. Camejo and his staff have been very easy tO work with in md*Ang any problems. Thera have been some instarnces where (trans were not a suffdent number of valet runners at certain ramps to provide the le* of service required by the City, but Mr. Canwjo worked diligently to make the corrections. The City Of H011yw00d will *X*we working with Valet Phis Parkong System, Inc. under fhe k*wim cam as time will allow. if you should have any specific questions to ask planes emal me at BJohnstonftollw2WE6Qfg or fax me at (854) 821 -3555. l can also be reached at (954) 921 -3535 during business hours. 1 M. 2W H4ywood Boakwtd, VW Side An= P. o. r= s • Hory.Oa, FL 33.%0 Phone (95q 921-3535 • wwt -1 kkottoodll , "As Bgsai Orpestesitf end S•rviee irewites Agency' GABLES BAL HARBOUR SHOPS Monday, July 25, 2005 Re: Valet Plus Systems To Whom It May Concern,. This letter is to certify that Valet Plus Parking Systems has worked with us in the past, providing services during special events and fundraisers. We have always had a very good experience with them and we will continue to use their services in the future. Sincerely, Mitchell Kaplan Owner, Books & Books y 265 Aragon Avenue, Coral Gables, Florida 33134 Page l of Harvey Came From: "Maria Gonzalez Rojas" <maria @vivaiUSA.com> To: "Harvey Camejo" <Harvey @valetplusparking.com> Sent: Monday, July 25, 2005 5:51 PM Subject: Re: To who it .may Concerry This Letter is a recommendation letter for Valet Plus Parking Systems inc. We have used them in the past and have always an exelent service. If you have any type of concerns or questions, please do not hesitate to cantact me at any time, Our phone number is 305 5290503 and my extention 105. Thank you very much for this matter, Respectfully yours, Maria. Gonzalez -Rojas Vivai International - -- original Message - - -- From: Harvey CamE)jo To: maria @ vIvalusa con, Sent: Thursday, July 21, 2005 11:30 PM M To whom_ it may Concern This Letter is to request a recommendation letter for Valet Plus Parking Systems inc. Please fax to 305 -461 -33113 Ur Email to inl -�> ct'�;:�IciZ�fu t��ari�r�a , %tarn We appreciate your cooperation in this matter Respectfully yours 7/25//_2005 r <vu q pp A C - "S .7ti.�iYt42G PAGE Q� Cirurd, nf,,S mb►log' of FlOpidra P"lrc A.,Ours Deptrrtrtrerrj olda'''e; C'orixf�a1e. FI. 33134 P & Fax.' (34S) 445 -7812 25 July 2405 To Whom It May Concern: letter This vakt to Henry Camejo and VIP Valet Parking. H took on the street A�e �� Y� aKQ. At that time, v�rih � the restaurants ' ng was vay uncoordinated and basiiCal a trati�r bas net onlq =mod yam, wen but he and the �` After Henry tack over a stands of Mfessionalism and friendliness which I feel enhances � sp of id aatltla. i am av la at the &bOve mimher if You need ftithex commeM. t y, Kath ' l n Public Affairs Director C'Aa, rj)lffc� 64,4,-t tf LJI�� T? E S 'T' A U R A N 'T TO: Gt h(111) it 1nav (..o need, RE �'�l.r` "I PU- S 1 ARIKI'!'C:7 �I'PvICI: i1t::��:lr Sirs: t write to confirm that VALLA* PLUS PARKING SE -,RVIC'E'S ImS been sere 1�11�� our valet parkinti needs since 2001. We have a high volume of clients and due to their excellent services. our customers are very happy and We have no complains coheir services. In the past we have been forced to change Valet Parkin t Services pros ided. but ',A,e are sure that we ��ill maintained the services of'VALE:T' PLt S PAI:KJN , i()r nuln� years, specially since they are the onl} com parry providing I p centralized �'alct parlEin�� in the area, and their communication to expedite service, avoid mistakes. control their operations a and generally, will optimize their business, something really inlpclrtant fi)l' the hi-'-,h volume they manage and for the responsibility that those: ser\ lees cnt<11I. 1'( ?l.1 l'S, Andres G. l ut�l (.icncral iMarla"Cl. i,,,ntud 11XVe11le Coral C;able.s, FL 331 )4 Tel: 305 -445 -6620 Fax: 3o -44 -1 c) > W1b �V,ccicaorestauranl.col -n Y Jobnmarznrls RE: VALET PLUS PARKING SYSTEh3S, INC. Isar Sir /Madam: 1 have been asked by the above referenced company to write this letter to confirm that we required their specialized Valet Parking Services for our Restaurant, since they are in our opinion one of the most respectable organizations in this area. We understand that Valet Plus Parking systems is well known and growing very rapidly and that they are implementing with our business a centralized system that will significantly improve the service they provide for fast, efficient service. Should you require more information contained herin, please call me at anv tinge. Enjoy ale Mne Irish Dialing Experience 25 3 Miracle Mite • Coral (1at)les; Fl„3;3i34 (;305) 44:i -3 "i i7 • FAX 44,r,-6027 n r "3-1 � L -, 1 '14" -":r; ;I ij t of it O ,*ta 'e rlb, ..ft4 tML k arvartwp-nt of Ontr 7 certify the attaz:�jjej incorporation of VALET true and correct copy 0.f ti- :e Articles of 4, PLUS PARKING SYSTFAS, INC— a Florida corporation, f-led On September 8, 1999, as shown by the record's of t1ji r. office. k;, ",L ce-ut-IfY the documerit was electrox, number H99000022446 This certificate is -lQaijy 1:ec-elved under FAX audit issued in accorda-Irk- with section 15-16, Florida Statutes, and authenticated by the code noted bel.ow The document number or this corporatioll is P99000079525 :Riven Under my hand azld Uie Teat Sea! of the State of L'Iorlad' at Tallahassee.. the Capital.: this tha Righth day Of Sep- tember, 17 1999 Authentication Code: 099AO0044359-090899-pggU000,l951'b_I . !, i «;Dvr -1ts. —bv14 ()9/08/99 11:05 F1 Dept of State A PZ /2 FLORIDA DEPARTMENT OF STATE Katherine Hams Secretary of State September 8, 1999 VALET PLUS PARKING SYSTEMS, INC. 13340 N.W. 10TH TERRACE MIAMI, FL 33182 The Articles of Incorporation for VALET PLUS PARKING SYSTEMS, INC. were filed on September 8, 1999, and assigned document number P99000079525. Please refer to this number whenever corresponding with this office. Enclosed is the certification requested. To be official, the certification for a certified copy must he attached to the original document that was electronically submitted and filed under FAX audit number H99000022446. A corporation annual report will be due this May 1 of the year office between January 1 and following the calendar year of the file date year. A Federal Employer Identification (FBI) number will be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1 -800 -829 -3676 and requesting form SS -4. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. P ility Should you have questions regarding corporations, please contact this Office at the address given below. Neysa Culligan Document Specialist New Filings Section Division of Corporations Letter Number: 999AO0044359 Division of Corporations - P.O BOX 6327 'Tallab "see, Florida 32314 VIP Parking Specialists Corp 161 Aragon Ave Coral Gables, FL 33134 AUTHORIZED REPRESENTATIVE Page 1 of 1 © ACORD CORE DATE } ACORDM CERTIFICATE OF LIABILITY INSURANCE PRODUCER 175ATH3I Lighthouse - Programs, LLC - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 301 E. Pine Stret ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE suite 350 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Orlando, FL 32801 ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. - - -- INSURED INSURERS AFFORDING COVERAG_E NAIC # AEM, Inc. dba Mirabilis INSURERA:SUA Insurance Company - 8095 Nw 12th Street INSURERS: Suite 31 0 i Miami, FL 33126 I INSURER C: INSURER D: COVERAGES - -. -�._ INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH REDUCED BY PAID CLAIMS. . LTR NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION , - --- DATE MM/OD/YY LIMITS t GENERAL LIABILITY I EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY I Y r_� ( 3 CLAIMS MADE "OCCUR PREMISES (Ea orencej_ -- - - I +� I j MED EXP (Arty one person) i S - j PERSONAL & ADV INJURY S - -- —' j GENERAL AGGREGATE $ { GENT AGGREGATE LIMIT APPLIES PER: PRO• LOC POLICY n PRODUCTS - COMPlOP AGG $ - - --- --- AUTOMOBILE LIABILITY i 4 ANY AUTO I j { COMBINED SINGLE LIMIT I 1 i (Ea accident) ' $ ALL OWNED AUTOS --J-- SCHEDULED AUTOS I !BODILY INJURY ! I i ((Per person) $ HIRED AUTOS i I — I -- NON -OWNED AUTOS i { BODILY INJURY I (Per accident) $ PROPERTY 1 (Per accident) $ `I GARAGE LIABILITY ANY AUTO i AUTO ONLY - EA ACCIDENT $ I EA ACC $ � OTHER THAN _ I I AUTO ONLY-- --' AGG S EX ESS /UMBRELLALIABiLITY I q� rr OCCUR i - -J CLAIMS MADE i EACH OCCURRENCE $ -- "— - AGGREGATE $ -- $ HDEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY iWSLTHPE 000080 -02 $ 01/01/2006 01/01/2007 X L WCSTATU- OTH- j LIMITS ER i ANY PROPRIETORIPARTNER/EXECUTIVE I Otr=1CtWMEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1, 000, 000 If Yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 -- - - -t-- _ OTHER E.L. DISEASE - POLICYLIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Coverage is extended to the leased employees of alternate Corp # 52435 (Effective 06.07,06) employer (Florida Operations ONLY): VIP Parking Specialists DISCLAIMER: This Certificate of Insurance does not constitute representative or producer, and the certificate holder, a contract between the issuing insurerls), authorized nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATETHEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. VIP Parking Specialists Corp 161 Aragon Ave Coral Gables, FL 33134 AUTHORIZED REPRESENTATIVE Page 1 of 1 © ACORD CORE NEWLY HIRED All newly hired„ „employees will be`checkd for DRIVER, LICENSE RECORD.., a) Must have a VALID driver's license b) Must h`a�eNO POINTS on license c) No careless driving d) N( SPEEDING tickets e) Employee must be 21 or older M ve a Criminal B being hired. DRUG- TAT PROCEDURES employees must do a Drug Test before being hired. runner will be next tq' 161 Aragon Ave. Coral Gables, FL 33134 Ph. 305 345.0195 1305 345.3028 1 Fax. 305 461.3303 www.valetplusparking,com I info@valetplusparkina.com ;abet P /4S ,sir• .v' PLESOF IEZ PRINCIPIO IO.R CALIDAD 7) 9) 10) SONRIE,TAI+QS ESCE SALUDO E DIEIiEN1dA SERVICIO PERSONALIZADO " CIPAR LAS NECESIDAQ)` 1 EL CLtE: TE SIEMPRE T1ENE -LA RAZON UNIFORMS Y LUGAR DE TRABAJO CON BUENA PRESENTACION. 161 Aragon Ave. Coral Gables, FL 33134 Ph. 305 345.0195 1 305 345.3028 1 Fax. 305 461.3303 www.voletplusporking.com ! info @valetplusparking,com CO PASOS D S LIENTE PASO.3 RMINAR CON UN COMPLAC`IENTE' DESPEDIDA USAR EL NOMBRE DEL CLIENTE 161 Aragon Ave. Coral Gables, FL 33134 Ph. 305 345.0195 1 305 345.3028 1 Fax. 305 461.3303 www,voletplusparking,com I info @valetplusparking.com Valet Plus Parking Incident Report for Guest Information _ Full Name 1 ` !Home Number Address City and State Postal Code amber Vumber ember Country JE -mail Address Claim Information Manager or Supervisor Name Date and Day Property Name I Claim Time Claim Called in? Yes No Date Called in Occurred Where ? Yes No Digital or Polaroid Oversized Vehicle? Yes No Vehicle Make Vehicle Model Lincense Plate # Vehicle Owner Name lYear Damage to Vehicle Stolen Car? Yes No Obstacles(s) Hit Photos Taken? Yes No Digital or Polaroid Police Called ? Yes No Division Name Police Report# r Employee Submitting Claim Signature Customer Signature For any questions please call: Henry Camejo Ph: 305 - 345 -3028 Cell: 305 - 345 -0195 Fax: 305 -461 -3303 C O V � r 0 E � N 'U^ c0 � v L L G7 0. 3 � Y FL R� = O / Q 4 O p v Go � � N N ooO Zzz w XXO aaa J J J 0 R 0 CA CL c E E m � o 0 oa a N a_a �t a � L O O E E o jo CL o y I� o O LL T) to C 'Z II N C N U E 7 j m f6 elf U) N m 11 It xU) cg C O r ea vd Q d N E > m � N •L c � V L O W L 3 "m c a FL � o > d O O p N cCN N h T 0 V� N Z W tq W U lv d Z U } X Q W W W Z Q X �Xx O a CL Q J J 00 U) CL CL � E C� Ta v v 'v > L � C C O c E O 8 E a N 0 CD O N O LL NW.r z E m co co cn = � South Miami bftd A1�Amaicac�y " -••+ CITY OF SOUTH MIAMI � INCORPORATED � 1927 P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDU,W, 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Kathy Vazquez, Purchasing Manager Date: September 05, 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 A ONE YEAR TELEPHONE EQUIPMENT MAINTENANCE CONTRACT . WITH BELLSOUTH FOR THE BASE MONTHLY COST IN AN AMOUNT OF . $994.36 A MONTH AND CHARGING THE DISBURSEMENT TO :ACCOUNT 001 - 2100 -519 -4120 TITLED NON - DEPARTMENTAL COMMUNICATION TELEPHONE SERVICE, PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to sign a one year contract with Bell South for equipment maintenance. ' 11 Reason/Need: It is recommended that all telecommunication equipment be covered under maintenance agreement for protection against any unforeseen emergencies caused by weather, other disasters or simply daily wear. This maintenance agreement will cover all and any maintenance issue from lines, PBX equipment to telephone sets. Cost: For the month of September $994.36 included in the current fiscal years approved budget. This monthly amount is also included in 2006/2007 proposed budget. Funding Source: Account 001 - 2100 -519 -4120 Non Departmental Communication Telephone Service. Backup Documentation: • Proposed Resolution • Bell South contract • Copy of City of Miami Gardens 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 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 ONE YEAR TELEPHONE EQUIPMENT MAINTENANCE CONTRACT WITH BELLSOUTH FOR THE BASE MONTHLY COST IN AN AMOUNT OF $994.36 A MONTH AND CHARGING THE DISBURSEMENT TO ACCOUNT 001- 2100 -519 -4120 TITLED NON- DEPARTMENTAL COMMUNICATION TELEPHONE SERVICE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the telecommunications system is an essential element of the City's and Police Department's services; and WHEREAS, the telecommunications equipment and services ' should be under maintenance contract in order to insure prompt solutions to possible unforeseen problems; and WHEREAS, In accordance with city competitive bidding procedures, the city will "piggy back" from the City of Miami Gardens maintenance contract; and WHEREAS, the new proposed contract amount is $994.36 a month for one year term; and WHEREAS, the new proposed contract amount of $994,36;;a month may fluctuate pending on additions, deletions or changes of citywide equipment. 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 sign a one, year contract and disburse monthly base payments in the amount of $994.36 to Bell South, effective September 1, 2006. Section 2. This amount will be charged to account 001- 2100 -519 -4120 titled, Non Departmental Communication Telephone Service with a current account balance in the amount of $5,988.98. Section 3. This Resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5th day of September, 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED:. 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(II N 3 ayi d O a Co o c c o "a c z� Oy � L U � C f6 y t rn L � U m C d l`O 3 � V c c �j 0 •� rn w N C Z c � W � c O. 3 O to a� cc a N O *'o o N M r r a r N ip C E 2 O z is lY N Q N E �_ o r 3�a'�`o X C� U UU�- Message Vazquez, Kathy From: Wright, Larry [Larry.Wright @Bel[South.com] Sent: Tuesday, August 01, 2006 9:45 AM To: Vazquez, Kathy Subject: RE: Maint. Hi Kathy, The following information was provided by Orestes: We provide maintenance for the following cities: City of Miami Gardens City of Homestead City of Miami City of Pinecrest City of Hialeah Town of Medley Miami Shores Village City of Hialeah Gardens I hope this helps. Let me know if you need anything else. Page 1 of 2 Are you going to be taking advantage of the savings on your PRI Service, with the PRI Advantage? Larry - - - -- Original Message---- - From: Vazquez, Kathy [mailto:KVazquez @cityofsouthmiami.net] Sent: Tuesday, August 01, 2006 8:08 AM To: Wright, Larry Subject: Maint. Does any other city have equip maint? Kathy Vazquez Purchasing Manager City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 305/663 -6339 305/667 -7806 fax www.cityofsouthmiami.net Please note:_ Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your e -mail communications may therefore be subject to public disclosure. 8/2/2006 06i 6/2006 12:23 3056228001 CITY HALL MAN FAY FAGE 01/18 1. 5 1, 5 N,—%V 167th Strrget Bids. 5 suite 200 %Eami Ovd(,,-,xs, Fl, 33169 ?11: 105-622-9000 Fax: 305-622-9001 Date: Fax: .07 —ge� From: ki Re: Aq r-eevn ewz�— kd-% 61, t�l Facsimile NU='D.-r OfPFb,8$ (iaaL 44, Fatuhilt tr n=ission lmndsd mtly for 6--irldolvildwO or arly tritit• to vAii& it i5 uldrm-nd and rniC' rarnai: i infeflmation, tbat i'l privilcpe� od frJm dagdosur-- un6m 6-, intondnd reabim.), ?)Ou am. bM, by notifind that prly if you bwt terc*ivad this COMMUT.0 llt bn in c7by, Of= nobf.4, the qerdor Gy tejcp, — loan oct th,, rat m or dntnym�icfn ofthe infbmEWcn =t Q) 0811E'/2006 12:23 30562280,311 07TY HA -L. NI)AIN F9`)I P 8 RESOLLTIJON NO.. 2004,,85-136 WIFEMAS, the City previously purchased a teephone system along with equipment from Bellsouth Communication System ("Bellsouth") for the current City Hall space, and WHEREAS, the City proposes to expand the City Hall space to ii:iclude, a larger area, and WBEREAS, in an effort to acco=iodata the iierease in space, additional telephone equipment, wiri ng, installation and maintenance trust be I rovided, and WHEREAS, pursuant to Ordinance 2004-01-17 telephone utilities are exempt from competitive bidding, and WHBAS, the City Manager recommnds that the City approve an Agreement with BeUsouth fbr telephone equipment, wiri , installation am I maintenance, OF ML41AI GARDENS, FLORWA, as follows: Section I. AMPnON OF REPRESENT ATIONS: The fbregoinS Whereas paragraphs are hereby ratified a confirmed as being I rue, and the same are hereby made a specific part of Hs Resolution, Section 2. AUTHORITY: The City Manager and City Clark are hereby authorized and directed to execute and attest, respectively, that certain AgTeement between the Page 1 08/1'8/2006 12:23 3056228e01 CITY HALL MAIN FAY FADE 03/18 Resolution No, 2004-85-136 City of Mi&rd Gardens and Bellsouth for equipment, whug, installation and maintenance, a copy of which is amehed hereto as Exhibit A. Section 3. NSTRUCTIONS TO THE CIT7 CLETK: The City Clerk is hereby authorj7.ed to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to Bellsc uth, and with one to be directed to the Office of City attorney. Section 4. EFFECTIVE DATE: This Re! :olutlon sball take effect imniediatelY upon its final passage. PASSED AND ADOPnD BY THE CITY COUNCIL OF THE CITY OF MIAMI MOVED W Quacilman Bra y non _ SECONDED BY: Councilwoma—nW—atson I 08/1 (/2006 12: 2a 305,:-,228001 CITY HA-L. MAJ11 FAY PAGE 06/13 Resolution No. 2004-85-136 Mayor Gibson _IL_(, Yes) _(No) Vice Wyor CaMbell Councilman Melvin L. Bratton —(No) Counefl= Oscar Braynon, 13 —x (Yes) --(No) Councilwormn Audrey J. King _A_(Yes) --(No) coune.9woman Sharon Pritchett _A_.(Yes) _(No) Comicilwoman Barbara Watson 1_(Yes) ---(No) SKK/bfc SAUJAWMOSMELLSOUT.Wr. .Page 3 OB/I.P/2006 12:23 30562280K, CITY HA—L MAIN FAY PAGE 091'18 P. W- 9CEWUILE FOR PUROUSE OF SOUT, EQUIPNMNT ANDOR SERVICES Immoromp�= C� -, Mimi SUL—. FL Z*. 33169 W-�� L Sal Sma ommuncamon Sys ms, L.I. ar La=floa I;mbm Axme=nt NvMW 2r.3CD13030 mairil. CWWN=bw AuWqwta Number A I (3 C3 Qmly vo width wer mTOW opq% Fobe S3,049,67 % At DWV&y Cl AaaWly It Iateq % At Ccom C omom Iftwxh, MWKMRM-a mwic* an PON A the 47AMMOMMOO Ekkis I 004M -Ini— I cmm"kAi ftfi mm vagwe I P; We TOW & 6-Tol6l A&Hftml par A T AW MiAft M&I=m ONO (J:,MAW ?a"s) (NAWOMM Tam) - M� E nopt As Offiawim N*W TOW )v Ainfammiag Nb� Of Prime iatat oty w L040 — Mmft MT" N F-Opomt ovice Type thsw Per t�ts►eaia�ansb to warmly Type; FWS Mne V IN.Fmg slmkvtd ptic-C UWE D Pam gqwpmm Do"w1ofto Pelt I "�W�AMM CAMET F—"F) 49 1 I (3 C3 Qmly vo width wer mTOW opq% Fobe S3,049,67 % At DWV&y Cl AaaWly It Iateq % At Ccom C omom Iftwxh, MWKMRM-a mwic* an PON A the 47AMMOMMOO Ekkis I 004M -Ini— I cmm"kAi ftfi mm vagwe I P; We TOW & 6-Tol6l A&Hftml par A T AW MiAft M&I=m ONO (J:,MAW ?a"s) (NAWOMM Tam) - M� 08130/2004 15:03 3056533955 • , w.0 off... ^i....w ��T.y�a.r p or ZOMPNW ; R NDIOR SERVIC S CITY MIAMI GARDENS PAGE 06/08 s i;. t. 619753 � (J © �K�C0�383 BUNWINSho Hi ft QrrdwWwow iduQnbor: StM F. Zip: 33169 Ambq" i` umbw A t�gdde bar �_ Ct�oomor t Ar t oswiyo Notad Totd MoblW*sw Na Of PWO 7 W (dry, Wm=tt Lm o _ Malt NOW zodptmnt $eme , uww Pit mimidomm Wmmty Tye mg I+e i A$ omw Priec litllae: riepbN+D�tS yq[!8 $ft�twOM! part E tGAillFftT PRO 1 AL E �Y L8 1 3Th'iION MOCrittF Eh► 43 Tnwumf Fm tip fi OUtAS 1 dt Soli; rs M111L t RfiRwWIRE LAX z Maiihaeuneo pK shuft PoSls �'lttart - tx gab -Yost aw,Pfgaa 13 r ° 46 M lumg.er _ ° A.ay T 116 kq- lgt!lo :C)** O.OG Qom.` f � � i%a�omer �m 5orvtra 'r�' Tc>tll+�attlerafrt�d'0 n�iNOd;o � �r0q°° r„r+,>e } (Qti1 tpp1ec57fp W d� 7`4 4'waWnsa Llitio ,AEdta r f!e betloau�or die lifts 2*8Mj Dy" D4 �81[tj' It1�ll:fi:� !tlN tfm /IIIIRiCbdihPgtl, •Od AllAdEtiflOd to dns C11R41e0 lOnllQfaa.,popt�gipll�p�e Mlh"al'= 5ftWe liar WWAW r9WWW Die PA"lr &Moe Jfk+k i3Aaoqmd— 4W1rRlelidi 10 Poole, WtiaR>�rR eetentMMa tlrrrtn MI tlae�eems o�laaeeulo 4141f wtllQ�ldee�eddailei- For Uy Syetans A ill 4 +Bey w otthe Aeonalel arrt "mm �M$Altwdtlr!lamt sommms ', R OCdr �� parslff�ll 9�nvlxmn�60ithsD�ufymeatilld►et lfan &iea rA ppp� �� , Aeaeped bY: Wff aft rPteleee�d A Dille s i;. t. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR THE KNOX FIRM IN THE AMOUNT OF $8,437.50; TO BE CHARGED TO ACCOUNT NO. 001.1500.514.3410 LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami approved the retention of George Knox as Special Hearing Officer at the recommendation of the city attorney, in regards to the application for Special Exceptions for the South Miami Municipal Parking Garage and Retail Building, submitted by Mark Richman Properties, Inc.; and WHEREAS, The Knox Firm submitted its invoices to the City for legal services rendered, totaling $8,437.50; and WHEREAS, the fees and costs on the attached invoice are reasonable and necessary. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The invoices for attorneys' fees received from The Knox Firm, in the total amount of $8,437.50 are approved for payment; charging $8,437.50 to account no. 001.1500.514.3410 Legal Services, Non - Retainer, with a current balance of $58,159.00. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 52006. 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: /7 City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 Yvonne McKinley, Acting City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RECEIV !T' AUG 17 2006 Please reply to: Office of the City Attorney 18001 Old Cutler Road, Ste 556 Miami, Florida 33157-6416 (305) 854-5353 (305) 854-5351 (Fax) v: j 7 'j August 15, 2006 OM' NAANA" Re: Special Hearing on Mark Richman Properties Dear Yvonne: As per your instructions to Mr. Figueredo, enclosed please find Invoice No.: 1478 in the amount of $8,437.50 from the Knox Finn in connection with the above captioned matter. Should you have any questions or require further information, please do not hesitate to contact me. LCM/bms THEKNoxFiRm Our Practice is Life. City of South Miami Luis R. Figueredo, City Attorney 18001 Old Cutler Road Suite 556 Miami, F! 33157 www.theknoxfirm.com AN OR R,' RIFIN, �' W • Special Hearing Officer Re: Application for Special Exceptions for the South 22.51 375.00 8,437.50 Miami Municipal Parking Garage and Retail Building, submitted by Mark Richman Properties, Inc. as Applicant. See Attached. 150 SE 2nd .Avenue - Suite 902 Miami, FL 33131 Ph�: (305") �77-3775 30-'1 �"77-4887 Fax: 0 ti M et Lq N 6 1— Z Q C O O O LO ti U') ti M O O U� L- a0 r O O O LO I� LO ti M O O LO fl- CO r O LO I- M O O O U) I- M O O O O LO r o o Ln N r r O O LO ti ch O LO N O LO o O O O LO r Q EF} Ef3 69 69 69 69 69 6F} 69 ER ER 6F? 69 W O O Lli ti M O O LO ti co O O LO L` M O O LO ti M O O LO ti M O O 0 ti M O O LO L` M O O LO r M O O LO ti M O O -LO ti M O O LO I- M O O LO ti M O O LO ti M 69 (f} 69 6ek 69 69 64 6g 69 69 6R bf} U3, U Q N LO O• N O N o LO LO N M r CF) C LF- w m S L W Ag O Q Q Z Q IL V p Q "= U O m U a) c N d L 3 m O C aD n O O o c co 3 N � O C M > cu a) O Q y cu -j C a O 0 CO N ca L U jE 3 aD > O a) C O O 3 aD > > L O Q U H N V O U L co w —j y 0) o a 3 m > cu O fn co w Q O O - CL N W O N a' a) p z 3 D Q a) of cu a d d a) W cm a CL � CD w _0 c 3 a) it •C _ O 5 N N > cc ii O O c g y E U C � co LC 2 3 a) 12 w Z 0 Y U- C9 Y LL C7 Y LL 0 Y lL 0 Y LL 0 Y U- 0 Y LL C9 Y LL 0 Y LL 0 Y LL C9 Y U- CD Y LL 0 Y U- CD Q LV CO O O N \ f� CD c0 O O N \ co (0 CO O O N \ O to co O 0 N \ t` ti co O 0 N Lo ti w O 0 N \ ti c0 O 0 N \ \ ti c0 O 0 N \ M ti co o O N \ ti CO 0 o N \ _N ti C0 0 O N \ O Cfl 0 O N \ O co 0 O N \ t0 ti 0 ti M et Lq N 6 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 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $14,628.86; CHARGING $14,628.86 TO ACCOUNT NO. 001- 1500 -514- 3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending July 28, 2006, in the amount of $14,628.86; and, WHEREAS, as of August 10, 2006, the existing balance on city attorney account no. 001 - 1500 - 514 -3410, legal services, non - retainer, is $58,159.00. WHEREAS, the office of the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $14,628.86 are approved for payment; charging $14,628.86 to account no. 001 - 1500 - 514 -3410, legal, non - retainer. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August, 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo Nagin Gallop Figueredo, P.A. Office of the City Attorney APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Beckman: Commissioner Birts: Commissioner Palmer: Additions shown by underlining and deletions shown by ever king. NAGINGALLOPFIGUERED'6PA. Attorneys & Counselors 18001 Old Cutler Road - Fifth Floor- Telephone: (305) 854 -5353 Miami, Florida 33157 -6417 ` '-Facsimile. (305) 854 -5351 August 10, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES, — Non - Retainer City of South Miami Dear Ms. Hussein: Enclosed are our statements for professional services rendered and for costs advanced for the period ending August 10, 2006, in the amount of $58,200.00, and requisition no. 23, FY 2005- 06. I have tabulated the amounts currently due on each individual file as follows: City Attorney Account No. 001 - 1500 - 514 -3410, Legal Services, Non - Retainer Account balance as of August 10, 2006, $58,200.00 0022 -083 Planning Board Invoice No. 18583 dated 07128106 Prof'l Services Disbureements Total Due 1,530.00 0.00 1,530.00 0022 -137 Special Master Invoice No. 18585 dated 07128106 Prof I Services Disbursements Total Due 1,880.00 0.00 1,880.00 0022171 Forfeiture of Currency Invoice No. 18586 dated 07128106 Prof 1 Services Disbursements Total Due 0.00 47.62 47.62 0022 -180 Special Project - Economic Invoice No. 18589 dated 07128106 Prof'I'Services Disbursements Total Due 0.00 20.39 20.39 Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAMI August 10, 2006 0022 -182 Dabby Properties v. CSM Invoice No. 18590 dated 07128106 Prof i Services Disbursements Total Due 8,280.00 2,510.85 10,790.85 0022 -184 Ezell Williams v. CSM Invoice No. 18591 dated 07128106 Prof I Services Disbursements Total Due 360.00 0.00 360.00 Total 14 628.86 Do not hesitate to call me if you have any questions regarding these statements. LRF:lcm Enclosures cc: Mayor and City Commission very trd urs, r'r is R. Fi Page 2 of 2 CITY OF SOUTH MIAMI - 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Finance Department Req. No. 23, FY 2005 -06 Date: ' "August 10, 2006 Item No. Quantity Description and S cifications Account Number Unit Price Total 1 6 Legal, Non - Retainer 001- 1500 - 5143410 $14,628.86 $14,628.86 TOTAL $14,028.86 Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Re u inst The Codes arge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) %�_f Department I Finance Department f City Manager NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (306) 854 -5351 July 28, 2006 Adriana Hussein Matter ID: 0022 -083 Finance Director Planning Board City of South Miami 6130 Sunset Drive invoice Number 18583 City of South Miami, FL 33143 Total Professional Services 1,530.00 Rate Summary Luis R. Figueredo 4.75 hours at $200.00/hr 950.00 Eve A. Boutsis 2.90 hours at $200.00/hr" 580.00 Total hours: 7.65 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.50% per month will be charged if payment is not received Wthin 30 days. .m,. Hours Amount 7/6/2006 LRF Telephone call with Mr. Don O'Donniley. 0.25 50.00 7/7/2006 LRF Attendance and participation at Public Hearing re: RPM.` 2.00 400.00 7/10/2006 LRF Discussions with Don O'Donniley re: Sushi Maki agreement. 0.25 50.00 7/12/2006 LRF E -mail discuss with Don O'Donniley re: Sushi Maki parking. 0.25 50.00 7/12/2006 LRF Prepared memo to Don O'Donniley regarding project.at 5966 S. 1.50 300.00 Dixie Highway. 7/12/2006 EAB Revised P &Z interpretation memorandum to Mr. Don O'Donniley. 0.40 80.00 7/18/2006 EAB Legal research on P&Z error and liability. 2.50 500.00 7/19/2006 LRF Review officer's report. 0.50 •100.00 Total Professional Services 1,530.00 Rate Summary Luis R. Figueredo 4.75 hours at $200.00/hr 950.00 Eve A. Boutsis 2.90 hours at $200.00/hr" 580.00 Total hours: 7.65 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.50% per month will be charged if payment is not received Wthin 30 days. .m,. Nagin Gallop Figueredo P.A. Matter ID: 0022 -083 Statement No.: 18583 Page: 2 For Professional Services 1,530.00 For Disbursements Incurred 0.00 Current Balance: 1,530.00 Previous Balance: 3,370.00 Payments - Thank you 0.00 Total Due 4,900.00 Invoice Number: 18583 To be properly credited, please Indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. NAGI N GALLOP FI GUEREDOP& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami,.Florida 33157 Telephone; (305) 854-5353 Facsimile: (305) 854 -5351 Adriana Hussein July 28, 2006 Matter ID: 0022 -137 Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Invoice Number 18585 City of South Miami, FL 33143 Hours Amount 7/6/2006 EAB Attention to ROW and parking related issues; attention to Cinque 0.50 100.00 matter, upcoming special master agenda; and e-mail communications with Mr. David Struder and Ms. Eva, Rosa regarding same. 717/2006 EAB Attention to code enforcement matters. 0.30 60.00 7/12/2006 EAB Telephone conference with Ms. Rosa and Mr. Struder regarding 0.60 120.00 5891 ' SW 84 Street; drafted letter to Mr. Alan Rosenthal, counsel for Commerce Bank; and attention to PW ROW matter. 7/19/2006 EAB Prepared for and attended special master hearing, and staff 4.30 860.00 meeting in preparation for special master hearing; legal - research on city liability for negligence, and sovereign immunity, provided memorandum to Ms. Sonia Lama, Mr. Don O'Donniley, Mr. Ajibola Balogun, and their staff regarding same; follow up with Legal Services Attny Jeff Hearn on his client's deferred special master matter; attention to P8Z and Building subpoenas for records custodian and provided direction to staff regarding same; and provided direction to PWD and Code Enforcement staff..regarding enforcement of public ROW permit conditions. 7/24/2006 EAB Attention to pending code enforcement matter; and provided 1.00 200.00 direction to code enforcement staff regarding same. 7/25/2006 EAB Attention to case no.: 06 -0099 and NOCI 2497. 0.30 60.00 7/26/2006 EAB E -mail communications with Mr. Struder, Mr. Balogtir-and Mr. 1.00 200.00 Rosenthal of Adorno & Yoss regarding obtaining compliance with code violations; telephone conference with Mr. Balogun regarding SM Hospital and pending wall issue with local homeowner; and attention to South Miami Hospital matter, ROW issues, etc.. 7/27/2006 EAB Attention to South Miami Hospital agreement and proposed 1.40 280.00 revisions to same; attention to ROW issue with Attorney Bruce Smoier and sought further direction from Mr. Balogun regarding same and follow up on property transfer; and drafted SMH agreement; and follow up with Mr. Balogun and Mr. O'Donniley regarding Mr. Wayne Brackin (CEO of South Miami Hospital) draft Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo R.A. Matter ID: 0022 -137 Statement No.: 18585 ROW agreement. Total Professional Services Rate Summary Eve A. Boutsis 9.40 hours at $200.00/hr 1,880.00 Total hours: 9.40 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18585 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 1,880.00 1,880.00 620.00 0.00 2,500.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged If payment is not received within 30 days. NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 8545353 Facsimile: (305) 854 -5351 Adriana Hussein July 28, 2006 Finance Director Matter 1D: 0022 -171 City of South Miami Forfeiture of Currency 6130 Sunset Drive Invoice Number 18586 City of South Miami, FL 33143 Expenses Database Legal research 21.12 Telefacsimile charge 7.00 Mileage 18.72 7/21/2006 Postage Charge for the month of July 2006. 0.78 Sub -total Expenses: 47.62 For Professional Services 0.00 For Disbursements Incurred 47.62 Current Balance: 47-62 Previous Balance: 596.85 Payments - Thank you 0.00 Total Due 644.47 Invoice Number. 18586 To be properly credited, please indicate Invoice Number abov&on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged R payment is not received within 30 days. NAGIN GALLOPFIGUEREDGPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 8545353 'Facsimile: (305) 854 -5351 Adriana Hussein July 28, 2006 Finance Director Matter ID: 0022 -180 City of South Miami Special Project - Economic 6130 Sunset Drive Invoice Number 18589 City of South Miami, FL 33143 Expenses Database Legal research 20.39 Sub -total Expenses: 20.39 For Professional Services 0100 For Disbursements Incurred 20.39 Current Balance: 20-39 Previous Balance: 1,400.00 Payments - Thank you 0.00 1otall Due 1,420.39 Invoice Number: 18589 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon recelpt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. NAGINGALLOPFIGUEREDOPA. Attorneys & Counselors ' 18001 Old Cutler Road, Suite 556 Miami; 'Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Adriana Hussein July 28, 2006 Matter ID: 0022 -182 Finance Director Dabby Properties v CSM and City of South Miami 6130 Sunset Drive invoice Number 18590 City of South Miami, FL 33143 Hours Amount 6/30/2006 EAB Attention to and provided comments on pending motion to dismiss. 1.00 200.00 7/312006 HJM Received and reviewed multiple revisions from Ms.; Boutsis; 0.80 160.00 reviewed file; read case of Sebring on tax power issue.— 7/3/2006 EAB Edited and finalized motion to dismiss. 3.00 7/5/2006 HJM Conference with Mr. Luis Figueredo and Ms. Boutsis regarding 2.40 litigation strategy; received and reviewed city commission minutes for August, September and December, 2002; prepared presentation at special exception hearing. 7/5/2006 LRF Meeting with Mr. James Montalvo and Ms. Boutsis to discuss 2.00 litigation strategy. Telephone conference with George McArdle. 7/5/2006 EAB Attention to litigation and strategy. 1.30 7/6/2006 HJM Prepared notice of hearing; reviewed file. 0.30 7/6/2006 LRF Meeting with James Montalvo re: litigation strategy` 0.50 7/6/2006 EAB Legal research and drafted memorandum in anticipation of 1.00 upcoming hearing. 7/7/2006 HJM Reviewed file; prepared for presentation at hearing with special 2.90 hearing officer; and attended hearing at City of South Miami. 7/7/2006 EAB Drafted off -site parking memorandum. 1.30 7/1112006 HJM Conducted two telephone conferences with Mr. Benjamin Reiss 0.40 concerning motion to dismiss and notice of hearing; reviewed file. 7/12/2006 HJM Conducted several conferences regarding litigation strategy with 2.00 Mr. Figueredo; received and reviewed settlement agreement; received and reviewed amended complaint from plaintiff's counsel; conducted multiple telephone conferences with plaintiff's counsel Mr. Reiss regarding rescheduling of hearing; prepared renotice of hearing; prepared letter to plaintiff's counsel regarding same; and received and reviewed letter from plaintiff's counsel, .il it +11 11 .1 /1 11 11 Ill I 1 580.00 260.00 80.00 400.00 Payment is due upon reoelpt. Please notify us within 10 days of receipt of any questions you'have regarding this Invoice. Interest at a rate of 1.5% per month will be charged If payment is not received within 30 days. Nagin Gallop Figueredo P.A. Rate Summary H. James Montalvo Expenses Luis R. Figueredo Eve A. Boutsis Total Professional Services 8,280.00 31.30 hours at $200.00/hr 6,260.00 2.50 hours at $200.00/hr 500.00 7.60 hours at $200.00/hr. . 1,520.00 Total hours: 41.40 Database Legal research Parking Charge Courier charge Telefacsimile charge Mileage 2,374.81 2.00 77.19 24.00 6.12 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month wilt be charged If payment is not received within 30 days. Matter ID: 0022 -182 Statement No.: 18690 Page: 2 7/13/2006 HJM Conducted telephone conference with Mr. George.McArdle 1.50 300.00 regarding dates for hearing on motion to dismiss; received and reviewed transcript of hearing before special master; received and reviewed notice of hearing from plaintiff's counsel; received and reviewed plaintiff's motion to strike motion to dismiss from July 25, 2006 motion calendar; and reviewed file. 7/19/2006 HJM Conference call with Mr. Figueredo regarding hearing officer and 0.40 80.00 findings; and reviewed file. 7/21/2006 HJM Telephone conference with plaintiff's counsel, Ben Reiss; prepared 2.90 580.00 letter to same; and received and reviewed plaintiff's opposition brief to City's motion to dismiss. 7/24/2006 HJM Continued reviewing all cases cited in plaintiff's opposition memo; 6.50 1,300.00 and prepared for hearing on motion to dismiss and motion to remove notice from motion calendar. 7/25/2006 HJM Attended hearing on motion to remove motion to dismiss from 11.20 2,240.00 calendar; continued conducting legal research on issues raised in plaintiff's opposition memo including whether the City's decision to enter into settlement agreement and lease agreement is legislative or quasi-judicial for purposes of filing a petition for writ of certiorari; also conducted legal research on issue of ', contract- zoning and cases raised in plaintiff's opposition'memo; conferenced with lams Figueredo on litigation strategy; and attended city commission hearing on MRP's special exceptions applications. Rate Summary H. James Montalvo Expenses Luis R. Figueredo Eve A. Boutsis Total Professional Services 8,280.00 31.30 hours at $200.00/hr 6,260.00 2.50 hours at $200.00/hr 500.00 7.60 hours at $200.00/hr. . 1,520.00 Total hours: 41.40 Database Legal research Parking Charge Courier charge Telefacsimile charge Mileage 2,374.81 2.00 77.19 24.00 6.12 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month wilt be charged If payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -182 Statement No.: .18590 Page: 3 Photocopies 21.75 7/21/2006 Postage Charge for the month of July 2006. 4.98 Sub -total Expenses: 2,510.85 For Professional Services 8,28Q.00 For Disbursements Incurred 2,510.85 Current Balance: 10,790.85 Previous Balance: 20,856.63 Payments - Thank you 0.00 Total Due 31,647.48 Invoice Number: 18590 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month Will be charged if payment is not received within 30 days. NAGINGALLOPFIGUEREDOpA, Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami,`:Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 28, 2006 Adriana Hussein Matter ID: 0022.184 Finance Director Ezell Williams v. CSM City of South Miami 6130 Sunset Drive Invoice Number 18591 City of South Miami, FL 33143 Hours Amount 7/18/2006 HJM Received and reviewed motion for default and attached exhibits; 0.60 120.00 and telephone conference with Mr. Rick McDuff. 7/19/2006 HJM Received and reviewed documentation from CSM's Human 0.20 40.00 resource department, Ms. Jeanette Navarro. 7/19/2006 EAB Attention to pleadings filed; telephone conference with Ms. Navarro 1.00 200.00 regarding same; telephone conference with Mr. McDuff of Johnson Anselma regariilrig §ame; and forwarded complaint and pleadings to Mr. McDuff and his staff for Fla. League defense. Total Professional Services 360.00 Rate Summary H. James Montalvo Eve A. Boutsis 0.80 hours at $200.00mr 1.00 hours at $200.00/hr: Nagin Gallop Figueredo P.A. Matter ID: 0022 -184 Statement No.: 18591, For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18591 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 {.1 11 it 0 1 M Al, Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. NAGIN GALLOP FIGUEREDOPA, Attorneys & Counselors 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854-5353 Miami, Florida 33157-6416 Facsimile: (305) 854-5351 August 10, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer Dear Ms. Hussein Enclosed is our statement for retainer fees and costs advanced for the period ending July 28, 2006. Included is our requisition no. 22, FY 2005-06, pertaining to the costs billed in the amount of $66.78. Costs on the retainer account are charged to city attorney account fici. 001-1500-514-3410, other d6fittAdWal: services --d6ng fiog�ldga' Asa August 10, 2006, the balance is $58,200.00. Please issue a check payable to Nagin Gallop Figueredo, P.A. representing payment of these costs. Please do not hesitate to contact me if you have any. questions q'peigtions regarding the subject matter of this letter. Ve7 Figueredo LRF:Icm Enclosure cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Floridw33143 Vendor: NAGIN GALLOP FIGUEREDO, P.A.. Req. No. 22, FY 2005 -06 Date: August 10, 2006 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual 001 -1600- 514 -3410 $66.78 $66.78 Services— Consulting Legal TOTAL $66.78 Purchase Order No. I Terms/Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes ChAT�.---.,, -.01 Head of Coding of Accounts Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department City Manager NAGIN GALLOPFIGUEREDOPA. Attorneys & Counselors , 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 8545351 Finance Director July 28, 2006 Adriana Hussein Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Invoice Number 18598 City of South Miami, FL 33143 6/28/2006 Hours Amount 6/23/2006 CVH Telephone call with Ms. Susan Rothstein regarding potential ASCAP 0.10 20.00 license. recordings and musical works. 6/26/2006 CVH Began research of copyright law relating to musical works and 1.40 280.00 sound recordings and exemptions for municipalities;sponsoring fairs and exhibitions, to determine whether ASCAP license is needed for Fourth of July celebration and similar events; drafted and sent e-mail message to Mr. Luis Figueredo regarding existence of license covering Jazzercise classes and open questions as to Fourth of July celebration and similar events. 6/2712006 CVH Conducted additional research regarding copyright law on sound 3.70 740.00 recordings and exemptions for municipalities to determine whether ASCAP license is needed for Fourth of July celebration and similar events. 6/28/2006 CVH Reviewed recent updates to copyright laws regarding'sound 0.80 160.00 recordings and musical works. 6/29/2006 CVH Reviewed ASCAP Web site to determine policies regarding licenses 1.70 340.00 for municipalities using sound recordings; telephone calico ASCAP representative Ms. Yvonne McKinney regarding same. 7/3/2006 EAB Drafted CM contract resolution. 0.40 80.00 715/2006 LRF Several phone calls with Mayor Horace Feliu regarding pending 0.50 100.00 items. 7/6/2006 LRF Several conferences and a -mails with Ms. Susan Rothstein seeking 0.50 100.00 advise on littering signs. 716/2006 LRF Drafted letter to the Trane Company. 0.75 150.00 7/6/2006 EAB Analyzed upcoming zoning, moratorium, variance, and CRA budget 2.00 400.00 agenda items for upcoming agenda and provided comments to staff regarding same. 7/7/2006 LRF Revisions on resolution on Public Nuisance. 0.50 100.00 7/7/2006 LRF Worked on Employment Agreement for City Manager. 2.00 400.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you•have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received w tfiln 30 days. Nagin Gallop Figueredo P.A. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged If payment Is not received within 30 days. Matter ID: 0022 -001 Statement Number Page: 2 7/7/2006 EAB Attention to litter law request; analyzed Florida Statutes relating to 1.60 320.00 advertising, posting no litter regulations, enforcement4nd local ordinances; drafted memorandum to Ms. McKinley regarding same; and drafted memorandum re: CM contract terms: 7/10/2006 LRF Telephone conference with Vice Mayor Wiscombe regarding 0.25 1,062.50 pending items. 7/11/2006 EAB Attention to possible pending defense to foreclosure claim. 0.30 60.00 7/12/2006 LRF Budget meeting with City Manager. 2.00 400.00 7/13/2006 LRF Revision and preparation of Agenda for July 18, 2006 meeting. 2.00 400.00 7/13/2006 LRF Review Items for July 25, 2006 agenda meeting. 0.50 100.00 7/14/2006 LRF Review Motorcycle purchase order agenda item. 0.25 50.00 7/14/2006 LRF Reviewed lease re: Macbis; and discussion with City Manager. 0.50 100.00 7/17/2006 LRF Preparation for July 18, 2006 meeting. 1.50 300.00 7/17/2006 LRF Reviewed Memo regarding Senior Weekend Meals. 0.25 50.00 7/17/2006 LRF Reviewed revised agenda for July 25, 2006 meeting. 2.00 400.00 7/17/2006 LRF Finalized memo ordinance and agreement re: City Manager's 0.50 100.00 Contract. 7/17/2006 LRF Reviewed items for July 25, 2006 Agenda re: Garage Restaurants. 0.25 50.00 7/17/2006 LRF Telephone conference with City Manager. 0.25 50.00 7/17/2006 LRF Reviewed RFQ and Affidavits received from Adrlana Hussein. 0.50 100.00 7/18/2006 LRF Attendance at City Commission Meeting. 4.00 800.00 7/18/2006 LRF Breakfast meeting with Mayor; meeting with Vice Mayor Randy 2.00 400.00 Wiscombe at the City. 7/18/2006 LRF Reviewed Website Agenda Item. 0.25 50.00 7/18/2006 LRF Drafted resolution for alternate sources of fuel. 1.00 200.00 7/18/2006 LRF Received and approved memo and resolution for RPQ: 0.50 100.00 7/18/2006 EAB Drafted resolution to state legislature regarding alternate energy 0.60 120.00 sources. 7/19/2006 LRF Conference with Ms. Maria Menendez re: lobbyist violations. 0.25 50.00 7/19/2006 EAB Attention to school crossing guard vendor services; and provided 0.20 40.00 same to Ms. Rothstein per her request. 7/20/2006 CVH Telephone conference with Ms. McKinney from ASCAP regarding 0.30 60.00 request for license from City; telephone call to Ms. Rothstein to Inform her that ASCAP has closed its file without requiring a license; e -mail message to Mr. Figueredo regarding closure of file. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged If payment Is not received within 30 days. Nagln Gallop Figueredo P.A. Total Professional Services Fees Reduced Due td Retainer Rate Summary Matter ID: 0022 -001 Statement Number 8.00 Page: 3 7/20/2006 LRF Various phone calls with City employee's re: Agenda. 0.25 50.00 7/24/2006 LRF Received and reviewed various a -mails from George McArdle re: 0.50 100.00 Plaza 57 Resolution. ................... .... .......... ......... .. ....... . Hours 0,250.00/hr' 7/24/2006 LRF Review of JEM documents. 0.25 50.00 7/25/2006 LRF Attendance at City Commission Meeting. 4.00 800.00 7/25/2006 EAB Attention to MRP litigation. 1.00 200.00 7/26/2006 LRF Received and reviewed of Insurance Item on August 1, 2006 0.25 50.00 agenda. 7/27/2006 EAB Telephone conference with Ms. Hussein regarding ad valorem 2.50 500.00 miiiage resolution and revisions to same; reviewed and .commented 6/30/2006 Mileage on independent contract agreement with building inspectors and 5.40 7/3/2006 provided comments to same to Ms. Rothstein; telephone conference with mayor Feilu regarding no dependence on fossil fuel act 7/13/2006 Mileage resolution; and prepared revisions to the draft resolution. 5.40 Total Professional Services Fees Reduced Due td Retainer Rate Summary 9,982.50 - 9,982.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you Have regarding this invoice. Interest at a rate of 1.6% per month will be charged If payment is not received within 30 days. Catherine A. 8.00 Hours at 200.00/hr 1,600.00 Luis R. 28.00 Hours at 200.00 /hr, 5,600.00 Luis R. 0.25 Hours 0,250.00/hr' .,: 1,062.50 Eve A. Boutsis 8.60 Hours at 200.00/hr 1,720.00 Total hours: 44.85 Expenses 6/2212006 Database Legal research 24.51 6/30/2006 Mileage 5.40 7/3/2006 Mileage 5.40 7/13/2006 Mileage 5.40 7/17/2006 Mileage 7.56 7/20/2006 Mileage 5.76 7/28/2006 Photocopies for July 2006 12.75 9,982.50 - 9,982.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you Have regarding this invoice. Interest at a rate of 1.6% per month will be charged If payment is not received within 30 days. Nagin Gallop Pigueredo P.A. Matter ID: 0022 -001 Statement Number Page: 4 For Professional Services 0.00 For Disbursements Incurred 66.78 Current Balance: 66.78 To be properly credited, please indicate Invoice Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. A0rs CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM .................. .............................. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. _ . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . .. .. . . . . . . . . .. . . . . . . . .. .. . .. . .. .. . .. . .. . . . .. . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. ................ ...... .......... . . To: Adriana Hussein, Interim Finance Director Date: August 10, 2006 From: Luis R. FiVeredo, city attorney's office Re: Invoice from Certified Shorthand ':Reporters Regarding Mark Richman/Dabby Properties Transmitted is the original invoice from Certified Shorthand Reporters, Inc. pertaining to the public hearing held on July 7, 2006 concerning the matter of Mark Richman/Dabby Properties. Requisition No. 24 is attached. Please process the invoices for payment directly from account number 001- 1500 - 514.34-51 Other Contractual- ,Services/Court Reporter and mail directly to Certified Shorthand Reporters, Inc. Thank you. cc: Certified Shorthand Reporters, Inc. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Certified Shorthand Reporters, Inc. Req. No. 249 FY 2005 -06 ... ............................... ....................:...................... ............................... .......................Date:... August 10; 2006 .. Item Description and No. Quantity Specifications Account Number Unit Price Total 1 1 Other Contractual Service 001 -1500- 514 -3451. , $710.00 $710.00 — Court Reporter, Original Transcript & Copy TOTAL $710.00 Purchase Order No. Terms/Discount I Hereby Certify That 'The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge----, .40, Coding of Accounts Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department 7APity Manager Certified Shorthand Reporters, Inc. 19 W. Flagler street suite M -101 Miam4 FL 33130 Phone #: (305)374 -6545 Fax A (305)3740616 Acct: 3,154 RE: CITY OF SOUTH MIAMI Hearing: PUBLIC HEARING: RICHMAN PROPERTIES Date Taken: 7/0712006 AM Attendance Fee (4;00 -5:20) 01 Original and one copy of transcript DE Delivery 1 Employer I.D. No. 59- 1603298 60 510.00 1 25.00 iq '; i; 87,53_ M W REMt MUN WVo10ENUbz=wM Rffi&rM,G Reporter: PAUL LEVERITT 1 175.00 60 510.00 1 25.00 TERMS: NET 30 DAYS Please enclose a copy of this invoice with payment. No credit is extended to attorneys' clients or other third Total: 710.00 parties. In accepting performance of our services, attorney agrees to be responsible for payment. Ceri(f led Shorthand Reporter's, Inc. 19 W. Magler Street Suite M -101 Miami, FL 33130 Phone A (305)374 -6545 Fax A- (305)374 -0616 Acct: 3,154 RE: CITY OF SOUTH MIAMI Hearing: PUBLIC HEARING: RICHMAN PROPERTIES Date Taken: 7/07/2006 Employer I.D. No. 59. 1603299 '<Invoi�; Date "' .................... __. .................... _....... ............................... _............ ......... .... .................... 7/13/2006 87,535 MAURRUAWCETM sNVO=NX*0MWwK itBP rma Reporter: 'PAUL LE'VERITT . ..... . AFH Attendance Fee (4:00 -5:20) 1 01 Original and one copy of transcript 60 DE Delivery 1 175.00 510.00 25.00 TERMS: NET 30 DAYS Please enclose a copy of this invoice with payment. No credit is extended to attorneys' clients or other third Total: 710.00 parties. In accepting performance of our services, attorney agrees to be respon0ie for payment. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM ............................. . ................................... .... . . . ............ .. .. .. ... ....... ................. .... . .. . .. ................................ .................... .... ............................................................................................. ..... ... .. . . ...................... .. .............. . ............................. ..................... .. To: Adriana Hussein, Interim finance director Date: August 10, 2006 Mayor, city commission Maria Davis, city manager From: Luis R. Figueredo, city attorney's office Re: Lott & Levine Invoice No..8044. —Title Search Property — 6291 S.W. 42d Terrace REQUEST Process payment of Lott & Levine, invoice number 8044 dated July 18, 2006 in the amount of $1,310.25, for services rendered in connection with the title search of the property located at 6291 S.W. 42' d Terrace. Requisition No. 25 is included. BACKGROUND AND ANALYSIS The invoices are for the title search performed relating to the referenced property address. Mr. Lott was retained by the city to perform the title search and provide a status report of said property. RECOMMENDATION I recommend approval of the invoices for payment as the amount of fees and costs are reasonable and necessary. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Lott & Levine Re q No. 25, FY 2005 -2006 Date: August 10, 2006 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Otheir contractual services, 0014500- 51443453 $1,310.25 $1,310.25 consulting — real property TOTAL 1 $1,310.25 Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation �� •• Balances Verified (Except As Otherwise Noted) H of Department Finance Department City Manager LOTT & LEVINE DADELAND CENTRE, SUITE 1014 9155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 CITY OF SOUTH MIAMI EVE A. BOUTSIS, ESQ. July 18, 2006 OFFICE OF THE CITY ATTORNEY Reference No. 8044 ..... ..... .. ...... .......... .......... ....... . ...... 18001 -OLD... CUTLER..RD;...SUITE... 556. ... ....... .................... ...... .................... � ............... ................ .................................................... . ........... .................................................... ....... ......... MIAMI, FL 33157 oe For Professional Services Concerning: Matter Number: CITY4.06058 Title: ADVANCE INTL INV 6291 SW 42 TERR Hours ............ . 05/30/06 RECEIVED REQUEST FROM CITY FOR FORECLOSURE OPINION; OPENED FILE AND ORDERED TAX/TITLE SEARCH REPORT. 0.75 06/09/06 BEGAN LEGAL RESEARCH - PRIORITY OF MUNICIPAL LIENS OVER PREVIOUSLY RECORDED MORTGAGES AND JUDGMENTS. 0.30 06/12106 TELEPHONE CONFERENCE WITH BOUTSIS; RECEIVED AND REVIEWED E- MAILED COPY OF ORDINANCE RELATING TO CODE ENFORCEMENT; FOLLOW UP TELEPHONE CONFERENCE TO DETERMINE. EFFECTIVE DATE. 0.40 06/30/06 COMPLETED LEGAL RESEARCH - PRIORITY OF SPECIAL ASSESSMENT LIENS OVER PREVIOUSLY RECORDED MORTGAGES AND JUDGMENTS. 0.50 07/07/06 PREPARED DRAFT OF OPINION LETTER; REVISED, EDITED AND FAXED FINAL OPINION LETTER TO CITY ATTORNEY. 4.00 Total Hours and Fees: 5.95 $1,160.25 COSTS ADVANCED Date Description Cost Amount 06/06/06 Disbursement to: ATTORNEY'S TITLE INSURANCE: TITLE SEARCH REPORT, 5/30 $150.00 Total Costs: $150.00 Matter S6mmaty: Total Fees: Total-Cost: Sub-Total Current Fees and Costs: . ............... .......... ........ ............................................... .......... ................................ I ....................... ......................... ....................... ........................... ..................... ....... Amount Due: Page: 2 Reference Number. 8044 $1,160.25 $150.00 $1,310.25 ....................... $1,310.25 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 ORDINANCE NO. 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 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2005 certain homeowners have expressed that the provisions of Chapter 11, Sec. 11- 21(b), which limits the placing of domestic trash at the curb for collection to no more than seventy -two (72) hours prior to the scheduled pickup day, constituted a hardship and thus, after public hearing, section 11 -21(b) was revised to allow to place domestic trash out up to seven (7) days prior to pickup; and, WHEREAS, since implementation of the revised code the city has appeared sloppy and un- groomed and pubic works staff have voiced concerns over the new seven (7) day process; and, WHEREAS, public works has recommended the city go back to the seventy -two (72) hour provision; and, WHEREAS, after hearing the new concerns over the seven (7) day lawn clipping provision, the Mayor and Commission recommended that the particular code provision be amended as to regular lawn and yard clippings and amend the code back to its original seventy -two (72) hour provision. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1, Section 11 -21(b) Entitled "Extent of Service and Points of Collection — Domestic Trash" of the South Miami Land Development Code is hereby amended to read as follows: Page 1 of 2 Additions shown by underlining and deletions shown by ever g. 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,'— before the scheduled pickup day. These items may be placed at the curb as _explained in subsection (c) below for special mechanized ip,ckup on the scheduled pick up day. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Sec. tion 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. hereof. Section 4. This ordinance shall be effective immediately after the adoption 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 l st Reading — 2' 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 el MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 9/5/2006 in the XXXX Court, was published in said newspaper in the issues of 08/18/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commiss n or refund for the purpose Of securing t ' advertis ent for ublication in the said new,pape Sworn to and subscribed before me this 18 day of AUGUST , A.D. 2006 _2�9* . (SEAL) Cheryl H Manner O.V. FERBEYRE persona Iilftnrrxssion DD33MG &PftJyt8. South Miami Whnedca CRY CITY OF SOUTH MIAMI 1 I if 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: Don O'Donniley, Planning Director Date: September 5, 2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE PLACEMENT OF EXTERIOR SIGNAGE ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5904 SUNSET DRIVE (AMSTER PROPERTIES); PROVIDING AN EFFECTIVE DATE. Request: The Land Development Code (Section 20- 5.19(E)(3)) specifies that any application for the alteration, renovation, remodeling, or landscape changes affecting the exterior of a designated historic building (includes demolition) must receive preliminary approval of the Historic Preservation Board in the form of a "certificate of appropriateness" (COA). The regulations further require that the City Commission must approve the Board's recommendation to issue a certificate of appropriateness. This approval process requires a public hearing and review by the City Commission. The Commission may approve, deny, approve in modified form, or defer a COA application. SPECIFIC APPLICATION The signage is to be located on a building which is part of the Amster Properties Historic Designation, designated by the City Commission in August 2005. The zoning on the property is "SR (HD- OV)(HP -OV)" Specialty Retail (Hometown District Overlay Zone) (Historic Preservation — Overlay). The applicant is requesting approval for: (1) a painted wall sign (15 sq.ft.) located above the entrance in the center of the building; (2) a permanent painted window sign located in the front left door panel; and (3) the installation of a semicircle black awning above the front door (See attached applicant's material). HISTORIC BOARD RECOMMENDATION The Historic Preservation Board at its July 31, 2006 meeting recommended: (1) approval of the proposed wall sign by a vote of 4 ayes 0 nays; (2) approval of the proposed window sign on the left door panel with the limitation that only the name of the business be shown by a vote of 4 ayes 0 nays; and (3) failed to approve the proposed awning by a vote 2 ayes 2 nays. Recommendation: It is recommended that only the proposed wall sign and the door window sign (limited to the business name) be approved. Backup Documentation: Resolution Planning Department Staff Report (includes COA Application and graphics) Historic Preservation Board Minutes Excerpt 7 -31 -06 Public notices DOD /SAY P: (Comm Items 1200619- 5 -MCOA 5904 Sunset CM report. doc 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE PLACEMENT OF EXTERIOR SIGNAGE ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5904 SUNSET DRIVE (AMSTER PROPERTIES); PROVIDING AN EFFECTIVE DATE. WHEREAS, Alexis McDermott has submitted Application No. HPB -06 -004 to the Historic Preservation Board at its July 31, 2006 meeting, said application requesting a certificate of appropriateness for exterior signage (wall sign, permanent window sign) and the placement of an awning for a designated historic building located at 5904 Sunset Drive which building is part of the Amster Properties historic site; and WHEREAS, Section 20- 5.19(E)(3) of the South Miami Land Development Code requires the City Commission to conduct a public hearing on certificates of appropriateness and to approve, deny, approve in modified form, or defer a subject application; and WHEREAS, the Historic Preservation Board at its July 31, 2006 meeting adopted a motion by a 4 aye 0 nay vote recommending approval of the subject application for the installation of a wall sign and a permanent window sign with conditions and failed to approve the placement of an awning by a vote of 2 ayes and 2 nays; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Historic Preservation Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. Historic Preservation Board Application No. HPB -06 -004 requesting a certificate of appropriateness for exterior signage for a designated historic building located at 5904 Sunset Drive which building is part of the Amster Properties historic site is approved subject to the following conditions: 1. The exterior wall sign shall be as delineated in the applicant's submission to the Historic Preservation Board at its July 31, 2006 meeting; 2. The window sign on the left door panel is limited to the name of the business only. Section 2. This resolution shall be effective immediately after the adoption hereof. 1 1 2 PASSED AND ADOPTED this , day of September, 2006 3 4 5 6 ATTEST: APPROVED: 7 8 9 10 CITY CLERK MAYOR 11 12 13 14 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 15 Mayor Feliu: 16 Vice Mayor Wiscombe: 17 Commissioner Palmer: 18 Commissioner Birts: 19 Commissioner Beckman: 20 CITY ATTORNEY 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 C.-Documents and SettingsISRothsteinIMy DocumentslReso- OrdICOA 5904 Sunset ResoL doc 2 CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD To: Historic Preservation Board From: Don O'Donniley Planning Director Date: July 31, 2006 Re: HPB -06 -004 Signage /Awning Installation 5904 SW 72nd Street (Sunset Drive) Applicant: Alexis McDermott Location: 5904 SW 72nd Street, So. Miami, Florida Request: Signage /Awning installation APPLICABLE LDC REGULATIONS The subject building is a designated historic site as part of the Amster Properties which was designated by the City Commission on August 16, 2005 by Ord. No. 28 -05 -1850. The zoning on the property is "SR (HD- OV)(HP -OV)" Specialty Retail (Hometown District Overlay Zone) (Historic Preservation — Overlay). APPLICANT'S REQUEST: The applicant has opened a clothing store in the designated building which was built in 1926 and was previously a post office. The applicant is requesting approval for: (1) the installation of a semicircle an black awning above the front door; (2) a painted wall sign located above the awning in the center of the building; and (3) a permanent painted window sign located in the front left door panel. (See attached applicant's material). The applicant has been before the Board at meetings held on January 30 and March 20, 2006. Each time the item was deferred based upon concerns expressed related to the use of awnings colors of the awnings, and awning signage. The item was deferred so that revised plans could be submitted. STAFF OBSERVATIONS (1) The proposed wall sign (15 sq. ft.) is well within the maximum size limits of a wall sign. The style and color (lavender) of the sign is compatible with existing fagade. (2) The proposed window sign on the left door panel (1.5 sq. ft) is also well below the size limit of a window sign, however, the Land Development Code only permits the name of the business on a permanent painted window sign.(Sec. 20 -4.3) (3) The designation report issued in August, 2005 specifies in the design guidelines section that the arches above the door and the windows are major architectural elements. The staff feels that the placement of any awning covering the arches is not compatible with preserving the appearance of the building. RECOMMENDATION: It is recommended that only the proposed wall sign and the door window sign (limited to the business name) be approved. Attachments: Certificate of Appropriateness application Awning / Signage details Excerpt from Designation Report DOD /SA �� P: \HPB Histoti �� \HPB Agendas Staff reports\2006 \7 -31 -06 \HPB -06 -004 5904 Sunset.doc CITY OF SOUTH MIAMI HISTORIC PRESERVATION PLANNING DEPARTMENT BOARD 6130 Sunset Drive, South_Mi i Florida 33143 —10 3-632 CERTIFICATE OF APPROPRIATENESS APPLICATION (The Historic Preservation Board will act on completed applications only.) SECTION I PROPERTY ADDRESS \1��w � HISTORIC NAME (IF ANY) I\M5�G A LEGAL DESCRIPTION OWNER 1 1 ti f PAN S I-) Q'\ � � \ VICk l C7)C i S,2 S PHONE NUMBER ADDRESS tA�C�6 LtKw I Am-! iZ 'R'v\ kS i ycx T4 p`1\ 'r+I r-L 3S 1-1- APPLICANT LP h1 C ��' 1�2 �"`La~ i PHONE NUMBER C � -� ADDRESS \ A b % 2141t c_. \` ARCHITECT OR ENGINEER PHONE NUMBER SECTION 2 PLEASE INDICATE THE CATEGORY WHICH BEST DESCRIBES THE WORK TO BE PERFORMED /QT,l A9"A!''TiV" CT 1W9M type mark below type mark below type mark below MAINTENANCE/REPAIR REHABILITATION NEW CONSTRUCTION RESTORATION DEMOLITION OTHER SECTION 3 DESCRIBE THE PROPOSED WORK (A BRIEF NARRATIVE): E E SECTION 4 'q— MAC- 14 E't � ATTACH THE FOLLOWING SUPPLEMENTARY INFORMATION (IF APPLICABLE): site plan survey other (describe floor plan elevations(s) i photo(s) color sample material sample i (2) SECTION 5 PLEASE NOTE THE FOLLOWING: • Applications will be accepted by the Planning Department only in completed form. • Applications will be scheduled for a Board hearing when received by 12:00 noon on the second Monday of the month. _ • Applicant(s) or representative(s) must attend the hearing and present the proposal to the Board. • Decisions made by the Board may be appealed to the City Commission no later than 60 days after the ruling. • If there is no appeal or City Commission action, the Historic Preservation Board's decision shall be final. The Certificate of Appropriateness is valid for a period six months after date of approval. SECTION 6 BRIEFLY DESCRIBE THE PROJECT'S IMPACT ON THE FOLLOWING BUILDING FEATURES: Structural systems - Roofs and roofing - Windows and doors - Materials (masonry, wood, metal, etc.) - Porches, porte cocheres, and steps - Painting and fini I,�� `�� --_ �-1 -Z/ , AS OWNER OF THE ABOVE- REFERENCED PROP11'Y DO B AUTHORIZE THE FILING OF THS APPLICATION ON MY BEHALF. HPB USE ONLY DATE RECEIVED' HPB MEETING: Oct.2OO4 PERMIT NO. E:\HPB Historic Bd\HPB Misc \Certificate of appropriate project \Cert. of Appropriateness Appl.doc ATTACHMENT ,xplanations of categories for Section 2 Maintenance or Repair: The act or process of applying measures to sustain the existing form integrity and laterial of a building or structure and the existing form or vegetative cover of a site. It may include initial tabilization work, where necessary, as well as ongoing maintenance and repair. (Samples of material may be -quested). Restoration: The process_ of accurately recovering the form and details of a property and its setting as it ppeared at a particular period of time by means of the removal of later work or by the replacement of missing, earlier cork. All applications for restoration shall include elevations, site and landscape plans (if necessary), and any other ipplernentary information that will support the proposed project. Rehabilitation: The process of returning a property to a state of utility through repair or alteration which makes ossible an efficient contemporary use while preserving those portions or features of the property which are ignificant to its historical, architectural, and cultural values. All applications for rehabilitation shall include: [evations, site and landscape plans (if necessary), and any other supplementary information that will support the roposed project. Demolition: The process of destroying or tearing down a building or structure or a part thereof, or the process of -moving or destroying an archaeological site or a part thereof. The applicant(s) shall include a report explaining why ie proposed action should occur. If the action is to occur for reasons of financial hardship, all pertinent financial data could be included pertaining to the cost of preservation, demolition and new construction. Any other material ertinent to the application is also encouraged as supplementary information. New construction: The process of constructing a building or structure that has never existed at that location. shall include a site plan, elevations, floor plan, and landscaping plan. (relocation, excavation, etc.) CERTIFICATE OF APPROPRIATENESS APPLICATION Section 3 The proposed work I would like to be done to the property is : 1. A painted sign in the center of the building. It would include the name of my store, Lex Boutique. The colors will be a background of cream/ off white and the writing would be in a light purple/lavender color. Attached are drawings with exact measurements. And a copy of my business card to depict the colors. 2. Window signs on the front left door and also on the back right door. They would include the name Lex and the logo, as well as the phone number, times of operation and Free Valet Parking in Rear. The exact measurements of these signs would be 12 inches wide and 20 inches in length. The measurements of the doors are 75 inches in length and 20 inches wide. Attached are examples of the signs with a color swatch attached. 3. A semicircle awning in the middle of the building above the front door. It would be black. The exact measurements of the awning would be 6 feet in width, which is the length of the door, by 3 feet. Once the awning was installed the store logo may be painted on the front in the store color of lavender. This would be determined after the awning was installed and if it looked appropriate, if not it will be left blank with no writing. - r7,-� -. 4�%_.- s vp�J v W ¢ IKS Y � L7111 K13 AAJU Mon- Sat 1030 -630 FREE VALET PARKING IN REAR FF SOUT 4 AW • INCORPORATED 1927 L p RIV A CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MONDAY, JULY 319 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:35 p.m. II. Roll call Roll call was performed. Board members present constituting a quorum: Mr. Kurtzman, Ms. Clyatt, Ms. Dison, and Ms. Chael Board members absent: Mr. De la Ruiz, Mr. Cooke - Yarborough City staff present: Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), and Patricia E. Lauderman (Board Secretary). III. Certificate of Appropriateness Applications (a) (HPB -06 -004* (continuation) Applicant: Alexis McDermott Owner: Robin's Building Enterprises Location: 5904 Sunset Drive (Amster Properties Historic Designation) Request: Signage /Awning installation for retail store Action: The Board, staff and applicant discussed the revised plans submitted by the applicant. Mr. O'Donniley explained that the applicant is requesting approval for: (1) the installation of a semicircle black awning above the front door; (2) a painted wall sign located above the awning in the center of the building; and (3) a permanent painted window sign located in the front left door panel. In addition, Mr. O'Donniley noted that this application has been before the Board twice, each time the item was deferred based upon concerns expressed related to the use of awnings, colors of the awnings, and awning signage. At this time, Mr. O'Donniley expressed concern about covering the architectural elements located above the door and windows by placing an awning. Ms. Chael addressed that the placement of the awning and indicated that she felt it was a good gesture but she suggested that the awning be canvas and not vinyl. Mr. Kurtzman agreed with Ms. Chael's suggestion. HPB Minutes July 31, 2006 Page 2 of 2 Furthermore, Mr. O'Donniley provided the following staff observations: (1) The proposed wall sign (15 sq. ft.) is well within the maximum size limits of a wall sign. The style and color (lavender) of the sign is compatible with existing fagade. (2) The proposed window sign on the left door panel (1.5 sq. ft) is also well below the size limit of a window sign, however, the Land Development Code only permits the name of the business on a permanent painted window sign.(Sec. 20 -4.3) (3) The designation report issued in August, 2005 specifies in the design guidelines section that the arches above the door and the windows are major architectural elements. The staff feels that the placement of any awning covering the arches is not compatible with preserving the appearance of the building. Recommendation: Staff recommended that only the proposed wall sign and the door window sign (limited to the business name) be approved. The Board decided to handle each request with a separate motion. Motion: Ms. Dison moved to recommend approval of the proposed wall sign. Ms. Claytt seconded the motion. Vote: Approved 4 Opposed 0 Motion: Mr. Kurtzman moved to recommend approval of the proposed window sign on the left door panel with the limitation that only the name of the business be shown. Ms. Chael seconded the motion. Vote: Approved 4 Opposed 0 Motion: Mr. Kurtzman moved to recommend approval of the proposed black awning in canvas material. Ms. Chael seconded the motion. Vote: Approved 2 Opposed 2 (Ms. Claytt, Ms. Dison) Motion failed for lack of a majority. DOD /SAY /pel KAHPB Historic Bd\HPB Minutes\2006 Minutes\HPB Mins 7- 31- 06.doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 9/5/2006 in the XXXX Court, was published in said newspaper in the issues of 08/18/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commiss n or refund for the purpose of securing t ' advertis ent for ublication in the said newspape � � Sworn to and subscribed before me this 18 day of AUGUST , A.D. 2006 (SEAL) Cheryl H Memrer O.V. FERBEYRE person(P-W7 I*ftnmission DD338559 J* 18. so U ry South Miami Mmftaft " INCORPORATED CITY OF SOUTH MIAMI 11111.1 1927 �. OFFICE OF THE CITY MANAGER ° RI INTER- OFFICE MEMORANDUM 2001 To: Via: From: Date: The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Don O'Donniley, Planning Director September 5, 2006 ITEM No. / 6— Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE SINGLE FAMILY RESIDENTIAL CATEGORY TO THE TOWNHOUSE RESIDENTIAL CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOT 15 BLOCK 5, DAVIS MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY AND SPECIFICALLY LOCATED AT 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Comprehensive Plan Amendment Procedures: An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). The subject application is considered a small scale amendment and therefore it is not reviewed by the State Department of Community Affairs for compliance. However, the City, after the City Commission's second reading (public hearing) must transmit the application package to DCA. Request: The applicant, Mach 1, LLC has submitted application PB -06 -020 requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential townhouse building on vacant 16,527 square foot site located at 6540 Manor Lane. The subject property has a current Land Use designation of "Single Family Residential ". The applicant has applied to the City to have the site's Future Land Use Map category changed to the "Townhouse Residential" category. The Townhouse Residential land use category allows for townhouse -type dwelling units to be built. The density is set by the requirement that for each unit built there must be 7,260 square feet of site area. Approval of the amendment would allow two units to be built on the site. The maximum permitted height is two stories. Based upon the location of the site abutting commercial properties, the minimal increase in density and traffic, and other factors set forth on pp. 4 -5 of the staff report, the Planning Department recommended approval of the proposed amendment. The Planning Board at its August 8, 2006 meeting, acting in its capacity as the Local Planning Agency, adopted a motion by a vote of 6 ayes 0 nays recommending approval of the requested amendment. Recommendation: It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the "Single Family Residential" Land Use Map category to "Townhouse Residential" category for 6540 Manor Lane be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report 8 -8 -06 Application Location map Letter of Intent Survey (6 -1 -01) Site Plan Comprehensive Plan excerpt (p. 21 -22) Traffic Generation Study (8 -1 -06) Excerpt Local Planning Agency Minutes 8 -8 -06 Copies of Public Notices DOD /SAY P: \Comm Items\2006 \9 -5 -06 \Comp Plan Amend CM Cover report.doc 2 17 1 ORDINANCE NO. 2 - 3 AN ORDINANCE OF THE MAYOR, AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND 5 USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY 6 CHANGING THE FUTURE LAND USE CATEGORY FROM THE SINGLE 7 FAMILY RESIDENTIAL CATEGORY TO THE TOWNHOUSE 8 RESIDENTIAL CATEGORY ON PROPERTY LEGALLY DESCRIBED AS 9 LOT 15 BLOCK 5, DAVIS MANOR SUBDIVISION ACCORDING TO THE 10 PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF THE 11 PUBLIC RECORDS OF MIAMI -DADE COUNTY AND SPECIFICALLY 12 LOCATED AT 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; 13 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 WHEREAS, Application No. PB -06 -020 was submitted to the Planning and Zoning 17 Department by Mach 1, L.L.C. said application requesting to amend the Future Land Use Map of 18 the South Miami Comprehensive Plan by changing the future land use category from Single 19 Family Residential to the Townhouse Residential category on property located at 6540 Manor 20 Lane and legally described as Lot 15 Block 5, Davis Manor Subdivision; and 21 22 WHEREAS, the Planning Department staff in a report dated August 8, 2006 23 recommended approval of the proposed amendment based upon the location of the site abutting 24 commercial properties, the minimal increase in density and traffic, and its compatibility with the 25 Comprehensive Plan; and 26 27 WHEREAS, on August 8, 2006, after Public Hearing regarding the proposed 28 amendment, the Local Planning Agency recommended approval of the application subject by a 29 vote of 6 ayes 0 nays; and 30 31 WHEREAS, the City Commission desires to accept the recommendation of the Local 32 Planning Agency and enact the aforesaid amendment. 33 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 37 38 Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is 39 hereby amended by changing the future land use category from the category Single Family 40 Residential to the Townhouse Residential category on property located at 6540 Manor Lane and 41 legally described as Lot 15 Block 5, Davis Manor Subdivision. 42 43 Section 2. The development regulations applicable to the subject property shall be as 44 specified in the Land Development Code and as set forth in the zoning use district amendment 45 ordinance which will be required to be adopted in order to implement the proposed development 46 of the site. 47 1 1 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 2 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 3 affect the validity of the remaining portions of this ordinance. 4 5 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 6 ordinance are hereby repealed. 7 8 Section 5. This ordinance shall be effective immediately after the adoption hereof. 9 10 11 PASSED AND ADOPTED this _ 12 13 14 ATTEST: 15 16 17 18 CITY CLERK 19 20 21 22 23 24 READ AND APPROVED AS TO FORM: 25 26 27 28 -CITY ATTORNEY 29 30 31 32 33 34 day of September, 2006 APPROVED: MAYOR 1St Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 35 C. (Documents and SettingsMothsteinlMy Documents lReso-OrdlComp Plan Amend PB -06 -020 Ord.doc 36 37 2 �s To: Honorable Chair & Local Planning Agency Members From: Don O'Donniley Director of Planning South Miami AD MericaCiiy 2001 Date: August 8, 2006 Re: Comprehensive Plan Future Land Use Map Amendment: 6540 Manor Lane PB -06 -020 Applicant: Mach 1 LLC Location: 6540 Manor Lane Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH ML04I FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE SINGLE FAMILY RESIDENTIAL CATEGORY TO THE TOWNHOUSE RESIDENTIAL CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOT 15 BLOCK 5, DAVIS MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DARE COUNTY AND SPECIFICALLY LOCATED AT 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN ` CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant, Mach 1, LLC has submitted application PB -06 -020 requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential townhouse building on vacant site located at 6540 Manor Lane. The subject property has a current Land Use designation of "Single Family Residential ". The applicant has applied to the City to have the site's Future Land Use Map category changed to the "Townhouse Residential" category. COMPREHENSIVE PLAN AMENDMENTS: GENERAL INFORMATION All proposed development projects must be compatible with the policies contained within the Comprehensive Plan and with the land .use categories listed in the Plan and as shown on the Future Land Use Map (FLUM). A property owner or developer may want to use a property for a use, which is not permitted in or exceeds the standards specified for the land use category applicable to the site. This will require, as is the situation of the subject application, an Future Land Use Map Amendment 6540 Manor Lane August 8, 2006 Page 2 of S amendment to the Future Land Use Map of the City's Comprehensive Plan. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). Following approval of the application by the City Commission, (first reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). This amendment qualifies as a small -scale amendment and therefore DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood; 3) impact of the proposed use on the City's infrastructure and; 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. REZONING APPLICATION The approval of the proposed Land Use Map amendment is a pre- requisite for a future zoning district change application, which will specifically allow for the new development. In order to proceed with the development as proposed the applicant at a future date will be required to submit a rezoning application in order to change the current zoning district from the "RS -3" Zoning District to the "RT -6" or "RT -9" townhouse zoning district. During the zoning district change process, which includes review and approval of a detailed site plan, very specific issues, such as, building height and density, mix of uses, architectural style, building design, set backs, landscaping, open space, pedestrian/vehicular access, can be considered. A detailed site plan adopted as part of a rezoning application becomes binding upon the developer and the City. COMPARISON OF LAND USE CATEGORIES The applicant's request to amend the Future Land Use Map is a result of limitations contained in the City's Comprehensive Plan for the existing land use category, The Single Family Residential category in which the property is located limits development to single family homes. The Townhouse Residential land use category allows for a townhouse dwelling unit with 7,260 sq. ft. of site area needed for each unit built. A full description of these two categories appears on pp.21 -22 of the Comprehensive Plan (copy of the descriptions is attached to this report). RECENT PLANNING HISTORY OF THE SITE During the preparation of the Evaluation and Appraisal Report, the current owner requested that the Future Land Use category on the subject property and an adjacent lot be studied for a possible change to the Residential Office category. The staff and consultants supported a study of the area for an office designation. It was felt that an office use on this site would be more appropriate than residential uses due to the site's proximity to the Metro -Rail and S. Dixie Highway. The Planning Board at a formal public hearing on the preliminary EAR document i Future Land Use Map Amendment 6540 Manor Lane August 8, 2006 Page 3 of 5 (September 29, 2005) adopted a motion removing this site (both lots) from the list of potential areas to be studied for a possible land use category change. The applicant then chose to bring his proposal to the attention of the City Commission during its November 28, 2005 public hearing on the EAR document. At its January 5, 2006 meeting the City Commission declined to include this site in the final EAR document as a study area for possible change in land use category. PROPOSED AMENDMENT REVIEW SITE ANALYIS Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use North Single Family Residential RS -3 Single family homes East Single Family Residential RS -3 Vacant South Business /Office (County) BU -1 (Business- Neighborhood) (County) S. Dixie Highway/Metro Rail, Service Station West Commercial Retail & Office RO Two Office Buildings (2 story) 1. Compatibility of Use: The property is located at the end of a single family residential street and is bounded on the west and south by non - residential uses. The townhouse use could provide a transition between the commercial uses to the west, the highway /Metro Rail to the south, and the single family residential areas to the east and north. The placement of townhouse units at this location is compatible with the surrounding community. 2. Compatibility of Density/Height: The Townhouse Residential land use category allows for townhouse -type dwelling units to be built. The density is set by the requirement that for each unit built there must be 7,260 square feet of site area. The maximum permitted height is two stories. The site subject to this land use change application is a vacant lot with 16,527 square feet; therefore only two units can be built. The request does not change the height of structures which could be built but does slightly increase density. 3. Impact on Public Facilities: An important element of the land use map amendment is to assess the impact of the contemplated development on the public infrastructure serving the site. For purposes of this report, presented below is a summary of the projected impact of the proposed development on public facility capacity. a) Park/Recreation Facilities No. of persons in development: 5.48 (based upon 2.74 persons per household) LOS: City Comprehensive Plan: 4 acres per 1000 pop. Capacity: applicant must provide .021 acres of park and recreation Concurrency Fee - .021 x average sale cost per acre for single family residential land sales in South Miami for 2005. Future Land Use Map Amendment 6540 Manor Lane August 8, 2006 Page 4 of S b) Schools Project impact: to be determined by Dade County Schools c) Solid Waste Project: 7 tons /annually per unit; LOS: Determined by Miami -Dade County Capacity: Applicant must obtain County determination d)_ Wastewater (Sewer) Project: 400 gallons /per day; LOS: Determined by Miami -Dade County Capacity: Applicant must obtain County determination e) Potable Water Project: 400 gallons /per day; LOS: Determined by Miami -Dade County Capacity: Applicant must obtain County determination f) Traffic /Streets Project: 2- AM or PM Peak Trips per day) 20- Average Daily Trips Capacity: sufficient: insignificant traffic, no impact on surrounding roadways. Trip Generation Study (Aug. 1, 2006)- City consultant engineer's report 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: LAND USE ELEMENT Goal l To preserve and enhance the City's small town character, especially the quality of life in the existing single-family residential neighborhoods. (97- I ER) Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. HOUSING ELEMENT Policy 1.1.1 Utilize the Future Land Use Plan and zoning map to assure a diversity of housing types. STAFF OBSERVATIONS 1. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan because it can form a transition between non - residential development and single family residential. 2. The subject property is larger at 16,527 square feet than all other parcels on Manor Lane, which average about 11,000 square feet. This forms a basis for considering this site without setting a precedent for a larger area. 3. The placement of townhouse units at this location is compatible with the surrounding community. The townhouse use could provide a transition between the commercial uses to the west and the highway /Metro Rail to the south. This site has been vacant for an extended period of time which is some evidence that the current land use designation may not be appropriate. 4. The impact of development on the site will be insignificant as it pertains to public facilities including waste collection, water and sewers. The applicant will have to pay a concurrency fee (to be determined) for park and recreational acreage. 5. A traffic study analyzing the impact of the proposed development on the surrounding roadways network has been prepared by a consultant to the Planning Department. The report states that townhouse development on the subject site will have no impact on the surrounding roadway network in terms of traffic management due to an insignificant volume. RECOMMENDATION It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the "Single Family Residential ". Land Use Map category to "Townhouse Residential" category for 6540 Manor Lane be approved. Attachments: Application Letter of Intent Location map Survey (6 -1 -01) Site Plan Comprehensive Plan excerpt (p.21 -22) Copies of Public Notices Traffic Generation Study (8- 1 -06), DOD /SAY ,1C1 ,& -- -- P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \8- 8- 06\PB -06 -020 COMP PLAN Amend. Manor Ln.doc h. City of South Miami Planning & Zoning Department Mr City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Comprehensive Plan Amendment and Public Hearing Before Local Planning Agency (LPA) & City Commission Address of Subject Property: ,;40 / A'AleR Z �uC Lot(s) L Block _ S Subdivision DAteiS m4ivae Meets & Bounds: PB X1 -44 �,F Size of Property : /_�_S'� gcrA�s Applicant: Phone: as- I/ '/J ' 3 i Representative: �A. Organization: e, 411V 6 Address: t y , Phone: Property Owner: Signature: Mailing Address: � ,oho a w , � � ,-�- ��J � ,c4. 3- 111& Phone: 3 ©,5= 4 '3- 33 � 7 Architect/Engineer: Phone: A,S�HE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: .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: Comprehensive Plan Amendment Letter of intent Text: ✓_ Justifications for change Future Land Use Map Amendment: , Public Facilities Impact Report Future Land Use Map Amendment , / Note:See DCA Form RPM -BSP ✓ Proof of ownership or letter from owner (Small -Scale Map Amendment) Small -Scale 1 (Attached)° Power of attorney Briefly explain application, cite specific Plan sections to be amended; or indicate _ Contract to purchase FLUM category change: ✓ Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") _✓ 7 copies of Site Plan 1 11" 17" c,/ ?—` D `; 4 � _ o ,, � a loci) ,9CJX reduced copy @ x 20% Property owner signatures 0� of Mailing labels (3 sets) and map -t/ Required Fee(s) 45o, wt inc unuersignea nas reaa ints corn letea a pttcatton ana represents inat the mtormation ana all submitted materials are true and correct to the best of applicant's knowledge and belief. Applicant's Signature and title Date ` Upon receipt, applications and all submitted materials will be reviewed for compliance with the City's Land Development Code, Florida Statutes and Florida Administrative .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 LPA Hearing Date of Commission Petition Required Petition Accepted Method of Payment 6/7100 City of South Miami PB -06 -020 Comprehensive Plan Future Land Use Map Amendment Single Family Residential to Townhouse Residential 6540 Manor Lane 56755 1 7380 7381 C) 5951 7360 6491 6481 661 6451 7340 7341 7340 633 SW 74TH ST SW 6700 Q 7401 7400 a oSO o 0 0 0 7400 7401 7400 7401 J w o v v v v n ° o 0 0 7421 7410 7411 0 o f0 7411 741 N P.- 7420 J 0 � 7420 7421 7431 7440 (n 7431 7441 7430 �, 7440 7437 V LO m m m cAn vNi ,°n �° `�'� 7500 7511 ° tO fD n 7450 7441 7501 cn cn o n m m m m co 7510 V) 7500 R 7511 C4 7511 SW 755TH TER 7531 6540 6510 X661 7510 7521 7520 7521 0 0 ° o cn ° 75 m °nn c� co co 6551 0 7570 �S> 7540 7531 7530 31 m o co to 7551 Q 76TH ST 7600 'J 7611 rn m U) 7611 7600 7601 0 Ln m 6660 6540 6520 7610 J 7621 7621 7610 7611 7620 Q 6561 6541 6521 7620 VA 7631 7631 7630 SW 76T m M 7630 co ID co co co 0 7651 co 7640 cy ry 7641 6 5?? 7640 7651 7710 7709 N °o' co 7650 o coo 6�� 6�� 7661 SW 77TH ��, � GJ rn� ° v v 0 7830 o v o o v o n S CIA r 7840 cc co M LO LO 601 6v � co o 0 o w o o c0 co co 0 7�50 7841 7850 Q co N — h 51 d6 Q` o c� co 0 to 66 �y 5 7oca �- co c0 co — 2 0 0 o v OC^O CC) c^O (00 O ti cn to 6721 0 0 61 O Of O O O LO N N O Q1 T O I� O n o 0 o coo coo m coo 6 35 0 Jim am00mmmm0 YJ o 0 o a N o m m m m R. > sE 6' 00° E 015 0 m 6501 �GQ 0 � GJ rn� ° v v 0 7830 o v o o v o n S CIA r 7840 cc co M LO LO 601 6v � co o 0 o w o o c0 co co 0 7�50 7841 7850 Q co N — h 51 d6 Q` o c� co 0 to 66 �y 5 7oca �- co c0 co — 2 0 0 o v OC^O CC) c^O (00 O ti cn to 6721 8080 co Jim am00mmmm0 SW 81 ST ST 6700 6( V E �� i 6490 6480 6470 64506440 6430 6420 6400 0 300 600 900 1,200 1,500 Feet cn to [F6341 co Jim am00mmmm0 YJ o 0 00° E 015 0 8020 N 8030 0 8040 i 8100 0 300 600 900 1,200 1,500 Feet Machl LLC 3080 SW 38th Court Miami, Fl. 33146 Of: 305 - 448 -33771 Fax: 305- 448 -3334 hersk @atianticbb.net June 14th, 2006 To: City of South Miami From: Andrew Herskowitz, Managing Partner Machl LLC Re: Letter of Intent for application for comprehensive plan amendment and public hearing before local planning agency (LPA) and city commission. To Whom It May Concern: I am requesting to have a future land use map amendment from single family residential to townhouse residential. My property is located at 6540 Manor Lane. The property is currently a vacant lot and has been vacant for the past 17 years. The lot borders the metro -rail to the east, 80th street to the south, and 66th avenue to the west. The lot size is 16, 527 square feet which would allow 2 units (duplex- townhouse) to be built on this lot following the zoning regulations outlined in Section 20 -3.5F of dimensional requirements. I am requesting this change because the location does not lend itself to single family housing due to the commercial environment surrounding the property on three sides. I would like to build a duplex town home which would be a nice transition between the commercial environment and the single family neighborhood. Enclosed you will find a petition signed by the immediate surrounding neighbors agreeing to this change that was signed in May of 2006. In addition you will find another petition signed by 184 surrounding neighbors agreeing that a duplex -town home would be a welcomed transition between the commercial area and the single family area. Sincerely, Andrew Herskowii Managing Partner Machl LLC P10715 1 101 1 1 1 1 1 1 = - VV mq ]InOOmO N� 4o �m 1z \O m N n D z'm a7 :E m � -0 N L Q� ��Fi O d . daC3 C3 It% p ND Y..�O,�sJ � �.•; � a 0 z1�m '{ No'm g o�3 q,• K f,`$ o o c44 Y ' w c b o. p a rn . >� A �" � �l f� � fl o. c.i �, •t � h h �. A b -� � . o ` A N•K1 o Fy R is `�• �' �� n to N o � a O o n Jld n s!33�gpD I�a. rdo. H(ry N bR �n tyy IC o 4 a° tiH� � Fes-, �i aG'• \ oA,) to .'11 m A.N aag3e ~ ail 3 w t* n 70 r N N Z c y `C P N o�cr ti,.a� I N ,-., •.n-c�'R- --. -+ ar �- .- ,-.T_T -+.. z- mr -'-r �.��=,..,9..�.eam ... t"�� 'fir '1 - N 3 fll C: VV Whom > Z w N� 4o �m 1z \O m I N ,-., •.n-c�'R- --. -+ ar �- .- ,-.T_T -+.. z- mr -'-r �.��=,..,9..�.eam ... t"�� 'fir '1 - CITY OF SOUTH MIAMI COMPREHENSIVE PLAN FUTURE LAND USE CATEGORY COMPARISON (PP•21 -22) Single - Family Residential (Two -Story) The single - family land use category is intended to provide for one residential dwelling unit on each parcel of land. New parcels should have a minimum area of 10,000 square feet. In areas where existing platting is characterized by parcels larger than 10,000 square feet, zoning regulations should be consistent with such parcel sizes provided that minimum parcel sizes need not exceed one acre. In areas where existing platting is characterized by parcels smaller than 10,000 square feet, zoning regulations should be consistent with surrounding parcel sizes. Sites large enough to be subdivided into parcels of 10,000 square feet or larger could be zoned accordingly, but only if such zoning would be compatible with surrounding development. (97 -IER) Townhouse Residential (Two -Story) The townhouse residential category is intended to limit development to townhouse -type dwelling units on parcels of land not less than 10,000 square feet in area. Each dwelling unit should have its own at grade direct access from the out -of- doors. Townhouse dwelling units should be developed at densities that do not exceed one dwelling unit per 7,260 square feet of site area. Individual parcels which meet the minimum site size of 10,000 square feet in area could be developed for use as single - family residential dwellings units. Zoning regulations which implement the townhouse category shall prohibit two - family structures; and, one single - family structures may be permitted to secure a vested right to use any legally created parcels which does not meet the minimum lot size requirements of this plan and/or the zoning ordinance. (97 -1ER) P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \8 -8 -06 \Comp Plan Land Use Categories.doc Ew � DRAFT INCORPORATED 1927 R1Q CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 8, 2006 City Commission Chambers 7:30 P.M. L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. IL Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Lahiff and Mr. Farfan. Board members absent: Ms. Yates City staff present: R. Don O'Donniley, AICP (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Brian Edney (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Administrative Matters. (1) Change September Planning Board meeting dates due to Commission Budget Hearings. Mr. Youkilis advised that that due to the City Commission scheduling budget hearing on Tuesdays, September 12 and 26, the Planning Board will not be able to meet on those dates for that reason staff suggests changing the dates to Thursday, September 14 and Monday September 25, 2006. The Board heard the staff recommendation and agreed with staff. Motion: Mr. Farfan moved to change September dates 12 and 25 to September 14 and September. Mr. Comendeiro seconded the motion. Vote: Ayes 6 Nays 0 (2) Mr. Youkilis informed the Board that the Application PB -06 -021 dealing with mechanical parking systems had been deferred at the request of the applicant. Planning Board Meeting August 8, 2006 Page 2 of 4 IV. Local Planning Agency Application / Public Hearing PR -n6 -020 Applicant: Mach 1 LLC Location: 6540 Manor Lane Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE SINGLE FAMILY RESIDENTIAL CATEGORY TO THE TOWNHOUSE RESIDENTIAL CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOT 15 BLOCK 5, DAVIS MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY AND SPECIFICALLY LOCATED AT 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. At this time, Mr. Morton swore in the speakers. Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He stated that the applicant Mach 1, LLC was requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential townhouse building on vacant site located at 6540 Manor Lane. He noted that the subject property has a current Future Land Use designation of "Single Family Residential ". The applicant to the City to have the site's Future Land Use Map category changed to the "Townhouse Residential" category. Furthermore, Mr. O'Donniley explained that all proposed development projects must be compatible with the policies contained within the Comprehensive Plan and with the land use categories listed in the Plan and as shown on the Future Land Use Map (FLUM). However, if a property owner or developer wants to use a property for a use, which is not permitted in or exceeds the standards specified for the land use category applicable to the site, such as in this application, an amendment to the Future Land Use Map of the City's Comprehensive Plan is required. The applicant's request to amend the Future Land Use Map is a result of limitations contained in the City's Comprehensive Plan for the existing land use category. The single family residential category in which the property is located limits development to single family homes. The townhouse residential land use category allow for a townhouse dwelling unit with 7,260sq.ft. of site area needed for each unit built. In addition, Mr. O'Donniley provided the following staff observations: 1. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan because it can form a transition between non - residential development and single family residential. Planning Board Meeting August 8, 2006 Page 3 of 4 2. The subject property is larger at 16,527 square feet than all other parcels on Manor Lane, which average about 11,000 square feet. This forms a basis for considering this site without setting a precedent for a larger area. 3. The placement of townhouse units at this location is compatible with the surrounding community. The townhouse use could provide a transition between the commercial uses to the west and the highway /Metro Rail to the south. This site has been vacant for an extended period of time which is some evidence that the current land use designation may not be appropriate. 4. The impact of development on the site will be insignificant as it pertains to public facilities including waste collection, water and sewers. The applicant will have to pay a concurrency fee (to be determined) for park and recreational acreage. 5. A traffic study analyzing the impact of the proposed development on the surrounding roadways network has been prepared by a consultant to the Planning Department. The report states that townhouse development on the subject site will have no impact on the surrounding roadway network in terms of traffic management due to an insignificant volume. Recommendation: Staff recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the "Single family Residential ". Land Use Map category to townhouse Residential category for 6540 Manor Lane be approved. At, this time, the Board discussed the request. Applicant: Tucker Gibbs, Esq representative for Mach 1, LLC and Andrew Herskowitz who is the General Manager Mr. Gibbs noted to the Board that his client Mr. Herskowitz intends on keeping adjourning Lot 14 as single family residential zoning. In regards to Lot 15, he stated his client is requesting the future land use map amendment so that the zoning can be changed. He stated that the "RS -3" single family residential zone would be changed to "RT -6" townhouse residential but not "RT -9 ". He also stated that the duplex property will be sold and not rented. He is requesting this change because the location does not lend itself to single family housing due to the commercial environment surrounding the property on three sides. He indicated he would like to build a duplex town home because it would be a nice transition between the commercial environment and the single family neighborhood. He also informed the Board that in May 2006 a petition was signed by immediate surrounding neighbors agreeing to this change. Chair Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker, Jr. 6556 SW 78 Tern Opposed Planning Board Meeting August 8, 2006 Page 4 of 4 Mr. Tucker stated he has watched the community change and he urged the Board to be mindful because it could be an issue of precedence for the reason other developers may want to rezone residential areas for other uses. Harvey Bernstein 7661 SW 65 PL Supported Mr. Bernstein indicated he believed that townhouses would be the best type of solution for the area because it creates the transition necessary between the residential and commercial. Mr. O'Donniley at this time, stated that Mr. Bob Welch could not be present but sent a letter to the Board expressing his support for this request. Mr. O'Donniley read the letter aloud which indicated that the possibility of a zoning change from single family to duplex for the vacant lot would satisfy his wishes, Chair Morton closed the public hearing. Motion: Mr. Comendeiro moved to recommend approval of the application. Ms. Lahiff seconded the motion Vote: Ayes 6 Nays 0 VI. Approval of minutes. Action: The Board duly voted on and approved the minutes of meeting— July 11, 2006, as submitted. Vote: Ayes 6 Nays 0 VII. Remarks Board member Henry Farfan addressed an issue brought up by some residents in which they expressed their concern about developers buying homes, tearing them down and applying to construct residences that are not compatible with the neighborhood because the residences being built appear to be McMansions. Mr. O'Donniley indicated that the discussion pertaining to the relationship between lot area and size of single family residential structure could be placed on the agenda for discussion. VIII. Next Meeting Action: Staff informed the Board the next meeting will be held on Tuesday, August 29, 2006 at 7:30pm. IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 9:30 PM. K:\PB\PB Minutes\2006 Minutes \PB MINS 8- 8- 06.doc 6540 MANOR LANE Trip Generation Study 6540 Manor Lane Miami, Florida R42L RICHARD GARCIA & ASSOCIATES, INC. August 3, 2006 6540 Manor Lane Trip Generation Study ENGINEER'S CERTIFICATION I, Richard Garcia, P.E. # 54886, certify that I currently hold an active Professional Engineers License in the State of Florida and am competent through education and experience to provide engineering services in the civil IP and traffic engineering disciplines contained in this report. In addition, the firm Richard Garcia & Associates, Inc. holds a Certificate of Authorization # 9592 in the State of Florida. I further certify that this report was prepared by me or IP under my responsible charge as defined in Chapter 61 G15- 18.001 F.A.C. and that all statements, conclusions and recommendations made herein are true and correct to the best of my kngwledge and ability. G PROJECT DESCRIPTION: 6540 Manor Lane - Trip Generation e PROJECT LOCATION: 6540 Manor Lane Miami, Florida L G Flor' a egistr o No, 54886 to RICHARD GARCIA & ASSOCIATES, INC. i i 6540 Manor Lane Trip Generation Study TABLE OF CONTENTS f, ENGINEER'S CERTIFICATION ............................................................... ............................... f f1.0 INTRODUCTION ........................................................................ ..............................1 2.0 PROJECT DESCRIPTION / LOCATION 3.0 TRIP GENERATION ................................................................... ............................... 4 4.0 TRAFFIC DISTRIBUTION ........................................................... ............................... 5 5.0 AM OR PM TRAFFIC ASSIGNMENT . ........................................ ............................... 6 6.0 RECOMMENDATION .............................................................. ............................... 9 RICHARD GARCIA & ASSOCIATES, INC. it 6540 Manor Lane Trip Generation Study 1.0 Introduction The purpose of this study is to evaluate the associated traffic impacts with the proposed Townhouse Development in the site located at 6540 Manor !!� Lane in the City of South Miami. The traffic impacts to the adjacent roadways were evaluated as well as at the intersections. This analysis was !� performed for the existing and proposed conditions during the adjacent street PM Peak Hour. This report follows the methodologies adopted by the Institute of Transportation Engineer's (ITE) Trip Generation, and Traffic Impact Studies 0 0 Manual. Lastly, this report has evaluated the following: • Trip Generation • Traffic Distribution • Trip Assignment S ' RICHARD GARCIA & ASSOCIATES, INC. j 6540 Manor Lane Trip Generation Study 2.0 Project Description / Location I The subject project is located on the Southeast corner of Manor Lane & SW 68th Ave. The subject development is comprised of 2 Dwelling Units of Townhouse development. The site is currently vacant. The following land use, as identified by the Institute of Transportation Engineers (ITE), most closely resembles the proposed development. This land uses is as follows: !� Land Use 224: Residential Townhouse with 2 Dwelling Units (DU) Figure 1 depicts the site's Location map. f Or R RICHARD GARCIA & ASSOCIATES, INC. 2 Jw IL tx, vw� 11 �wr ore- -VQ4 Ae -4 Nq V2 4 4, gwR jo DOW- jt . . 2006 Nolte Land Use (LU) Units ITE LU CODE 6540 Manor Lane Trip Generation Study TRIPS ITE TRIP GENERATION RATE IN OUT 3.0 Trip Generation % Trips % Trips TRIPS The characteristics for the subject project were obtained from ITE's Trip i 2.00 Dwelling Units Generation Manual, 7th Ed. ITE's Land Use 224: Residential Townhouse was 0.72 50% 1 used to determine the trip generation rates and totals for the subject 1 Townhouse. Total Trips 50% 1 50% 1 The Trip Generation calculations results are summarized below. The ITE rates and percentages for AM and PM Peak Hour Trips are included in Appendix A. Table 1 below summarizes the traffic impact associated with the subject development during the AM & PM peak hour of the adjacent street. Table 1: AM or PM Peak Hour Trip Generation Land Use (LU) Units ITE LU CODE AM or PM PEAK HOUR TRIPS ITE TRIP GENERATION RATE IN OUT TOTAL % Trips % Trips TRIPS Residential Townhouse 2.00 Dwelling Units 224 0.72 50% 1 50% 1 2 Total Trips 50% 1 50% 1 2 6540 Manor Lane Trip Generation Study 4.0 Traffic Distribution The Traffic Analysis Zone (TAZ) for the subject development is TAZ 1104 as II♦' assigned by the Metropolitan Planning Organization's (MPO). The County's TAZ information is included in Appendix B. The PM and AM peak corresponding traffic distribution being assigned to 0 the following directions are outlined in Table 2. The Appendix B includes a TAZ Map and the corresponding Directional Distribution Summary for this zone utilizing the 2005 Cost Affordable Plan. Table 2: Cardinal Distribution DIRECT ON DISTRIBUTION % ET z b xt 18.44 12.34 Awc ra; 1.03 1.88 HIM 16.50 22.07 f k 9.76 17.98 Or 6540 Manor Lane^ Trip Generation Study 5.0 AM or PM Traffic Assignment The PM peak hour trips from Table 2 have been distributed and assigned to the surrounding roadway. Table 4 was developed to depict the AM and PM peak hour Assignments. Appendix B includes the ingress and egress traffic distribution with the corresponding assignments to the North, South, East and West for the AM and PM peak hour as shown in table 3. r Table 3: AM or PM Peak Hour Traffic Assignments r AM or PM Peak Trips DIRECTION IN OUT Total 0 0 0 �. 0 1 1 a � 0 0 0 u 1 0 1 P 0 0 0 �_- 0 0 0 0 0 0 `�� a 1 2 6540 Manor Lane Trip Generation Study Table 4: AM or PM Peak Hour Traffic Assignments ~ 6540 Manor Lane Trip Generation Study Table 5: AM or PM Peak Hour Traffic Assignments I 6540 Manor Lane Trip Generation Study 6.0 Recommendation As indicated in the attached analysis the subject project would not have more than 2 AM or 2 PM peak hour trips. Additionally, the average daily volumes would likely not exceed 20 daily trips. The traffic generation from this site would not have an impact on the surrounding roadways. As such, no additional analysis is needed since the trip generation revealed such insignificance traffic. In conclusion, no additional analysis is recommended. I♦ e s e e RICHARD GARCIA & ASSOCIATES, INC. g Summary of Trip Generation Calculation For-2 Dwelling Units of Rental Townhouse July 27, 2006 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 0.00, 0.00 1.00 0 7 -9 AM Peak Hour Enter 0.23 0.00 1.00 0 7 -9 AM Peak Hour Exit 0.47 0.00 1.00 1 7 -9 AM Peak Hour Total 0.70 0.00 1.00 1 4 -6 PM Peak Hour Enter 0.37 0.00 1.00 1 4 -6 PM Peak Hour Exit 0.35 0.00 1.00 1 4-6-PM Peak Hour Total 0.72 0.00 1.00 1 AM Pk Hr, Generator, Enter 0.26 0.00 1.00 1 AM Pk Hr, Generator, Exit 0.47 0.00 1.00 1 AM Pk Hr, Generator, Total 0.73 0.00 1.00 1 PM Pk Hr, Generator, Enter 0.40 0.00 1.00 1 PM Pk Hr, Generator, Exit 0.33 0.00 1.00 1 PM Pk Hr, Generator, Total 0.73 0.00 1.00 1 Saturday 2 -Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Sunday 2 -Way Volume 0.00 0.00 1.00 0 Sunday Peak Hour Enter 0.00 0.00 1.00 0 Sunday Peak Hour Exit 0.00 0.00 1.00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS r r w a, ~ d Z Q CO U- ~ . y N � J N � o c WNZ Q O N N Q � 'v WC � � ~ ~ L N n �L F" T T in � 5 m a m g c c H H o a w w w O x Y N a a Z o 0 0 Q LO U) Z a O Uj m ZO uiz ° c ~ Uj J C W W < ~ J N N C9 V � a LO to D 0) C N O O N J d N N O J FU- N H Q. N F- of w a, ~ d Z Q CO U- ~ . y N � c � o � � o c WNZ Q Q � 'v WC � � ~ ~ L N n n 5 m m g c c H H o a w w w r r r ! ! ! e e e e e r s e r r r N Miami-Dade Transportation Plan the Year Directional Trip Distribution Report January 2005 Prepared by: [I Gannett Fleming In association with: PACO Group Public Financial Management Media Relations Group 1105 TRIPS 420 253 29 28 354 473 289 372 2218 PERCENT 18.94 11.41 1.31 1.26 15.96 21.33 13.03 16.77 Miami -Dade Interim 2005 Cost Feasible Plan 392 207 7 22 267 354 229 272 1750 PERCENT 22.40 11.83 0.40 1.26 15.26 20.23 13.09 15.54 1107 TRIPS 879 428 66 28 573 624 472 629 3699 PERCENT 23.76 11.57 1.78 0.76 15.49 16.87 12.76 17.00 A DIRECTIONAL DISTRIBUTION SUMMARY 1108 TRIPS 284 105 4 41 ORIGIN I- ---------- -- CARDINAL DIRECTIONS -------- - - - - - TOTAL 20.06 ZONE 0.28 NNE ENE ESE SSE SSW WSW WNW NNW E; 1109 TRIPS 856 1096 TRIPS 564 704 197 265 684 369 358 1194 4335 25.12 12.27 PERCENT 13.01 16.24 4.54 6.11 15.78 8.51 8.26 27.54 1110 TRIPS 732 1097 TRIPS 225 330 75 54 171 165 132 291 1443 28.37 14.34 PERCENT 15.59 22.87 5.20 3.74 11.85 11.43 9.15 20.17 1098 TRIPS 512 523 82 66 380 310 239 533 2645 PERCENT 19.36 19.77 3.10 2.50 14.37 11.72 9.04 20.15 1099 TRIPS 656 536 109 189 394 444 223 438 2989 PERCENT 21.95 17.93 3.65 6.32 13.18 14.85 7.46 14.65 1100 TRIPS 1144 1082 X147 297 1100 1025 517 1260 6572 PERCENT 17.41 16.46 2.24 4.52 16.74 15.60 7.87 19.17 1101 TRIPS 1027 717 95 110 755 821 469 740 4734 PERCENT 21.69 15.15 2.01 2.32 15.95 17.34 9.91 15.63 ® 1102 TRIPS 982 606 37 49 594 1006 485 723 4482 PERCENT 21.91 13.52 0.83 1.09 13.25 22.45 10.82 16.13 1103 TRIPS 1769 842 96 36 864 1499 694 1240 7040 PERCENT 25.13 11.96 1.36 0.51 12.27 21.29 9.86 17.61 1105 TRIPS 420 253 29 28 354 473 289 372 2218 PERCENT 18.94 11.41 1.31 1.26 15.96 21.33 13.03 16.77 1106 TRIPS 392 207 7 22 267 354 229 272 1750 PERCENT 22.40 11.83 0.40 1.26 15.26 20.23 13.09 15.54 1107 TRIPS 879 428 66 28 573 624 472 629 3699 PERCENT 23.76 11.57 1.78 0.76 15.49 16.87 12.76 17.00 A 1108 TRIPS 284 105 4 41 261 266 184 271 1416 PERCENT 20.06 7.42 0.28 2.90 18.43 18.79 12.99 19.14 1109 TRIPS 856 418 3 46 397 610 346 732 3408 PERCENT 25.12 12.27 0.09 1.35 11.65 17.90 10.15 21.48 1110 TRIPS 732 370 12 10 295 478 235 448 2580 PERCENT 28.37 14.34 0.47 0.39 11.43 18.53 9.11 17.36 -74- 1118105 6540 Manor Lane Project Cardinal Distribution (TAZ 1104) Note: Based on Miami -Dade Transportation Plan (to the Year 2030) Directional Trip Distribution Report, January 2005. Miami -Dade Interim 2005 Cost Feasible Plan was used as obtained from Miami Dade MPO. AM or PM Peak Trips DIRECTION DISTRIBUTION % IN OUT Total x N E 18.44 0 0 0 a 12.34 1.03 0 0 0 1 0 1 1.88 0 0 0 16.50 22.07 1 0 1 s 0 0 0 F 9.76 17.98 0 0 0 0 0 0 100.00 1 1 2 Note: Based on Miami -Dade Transportation Plan (to the Year 2030) Directional Trip Distribution Report, January 2005. Miami -Dade Interim 2005 Cost Feasible Plan was used as obtained from Miami Dade MPO. 3 C O r r O N CL �0000� ® 0 .O � a a I! ® -d � O O o �� zOO�o 0000 � a) EZWcn tm ® •N ca Q e � r e �e e s � CD ci s La a S m CL CD ors o S o 0 S 'D D D D D D D D D 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -02 -1783 5 RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE 6 CODE OF ORDINANCES, ENTITILED `BUDGET AND FINANCE COMMITTEE; 7 AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 9 EFFECTIVE DATE 10 11 WHEREAS, the City of South Miami recognizes that a key function of government is sound 12 fiscal management and careful budget preparation in order to be able to provide a high level of municipal 13 services to its residents and businesses; and 14 15 WHEREAS, the preparation of the City's budget is a highly specialized area of endeavor 16 requiring expertise and/or experience which is normally limited to professionals within the financial 17 management, accounting, auditing and municipal management fields; and 18 19 WHEREAS, The City Commission recognizes its duty to provide sound oversight for adoption 20 of an annual budget and of appointed staffs' administration of city operations, and; 21 22 WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff, 23 in providing said oversight, and; 24 25 WHEREAS, the City Commission desires to extend the length of service on the Committee to 26 ensure the Committee's ability to complete all assigned tasks; and, 27 28 WHEREAS, The City Commission also recognizes the lawful non - interference provisions of the 29 City Charter and the City Manager's contract. 30 31 NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 33 34 Section 1. The City of South Miami Code of Ordinances Section 2 -26.8 entitled "Budget 35 and Finance Committee," is amended to read as follows: 36 37 (Note: New wording in bold — underlined; wording to be removed indicated by strike - through) 38 39 Sec. 2 -26.8. Budget and Finance Committee. 40 41 (a) Name. There is hereby created a Budget and Finance Committee. The committee shall 42 consist of no more than five members. 43 44 (b) Purpose. The purpose of the committee is to provide advice and recommendations to the 45 City Commission regarding the adoption and implementation of financially sound annual budgets and 46 investment policies. To accomplish this purpose, the committee is charged with reviewing and evaluating 47 the draft proposed budget, the City's investments, employee pension and other retirement accounts 48 examining ways to preserve existing revenue sources and exploring additional funding sources; - giving 49 advice to the City Commission on projected earnings of investments and desirable or necessary further 50 investments, revenue, expenditures and strategic planning (which includes analyzing existing service 51 levels and determining sufficiency and appropriateness). The Committee shall also review the annual 52 comprehensive audit report. Page 1 of 3 1 2 (c) Membership, terms. Members of the committee shall be appointed by the Mayor as 3 provided for by the City Charter. The Mayor shall attempt to include representatives of the local business 4 community, residents, and accounting and finance experts, in the membership of the committee. The 5 initial appointments to the committee shall be for a term that expires on December 2006. Appointments 6 to fill any vacancy on the committee will be for the unexpired term. The City Manager or designee may 7 serve as an ex officio member of the committee. 8 9 (d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city 10 hall at a convenient time to be decided by the committee members. The members may change the place 11 and time of a particular meeting by motion and a vote of the majority of members present at a regularly 12 scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to 13 hold meetings and take action. Additional special meetings may be scheduled and notice shall be given, 14 as provided in the city code for special meetings of the city commission; provided, however, that 15 scheduling special meetings shall require the vote or written request of a majority of the members. The 16 committee shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all 17 meetings. In the absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings 18 shall be properly noticed, open to the public and minutes shall be kept by recording and in written form. 19 Members shall serve without compensation. 20 21 (e) Administrative assistance. The City Manager or designee shall provide the committee 22 members with copies of quarterly and annual financial reports for the general budget and retirement 23 accounts as soon as they are available following the close of the quarter and the fiscal year. The annual 24 audit report and the proposed budget shall be delivered to the committee members not later than the date 25 they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other 26 account reports shall be made to the City Manager or designee and shall be provided to the Committee in 27 a timely manner. The City Manager or designee shall provide assistance to the committee, provided that 28 all requests are submitted in writing. Should the City Manager find any Committee request for 29 information or assistance unreasonable or disruptive to the normal operations of the City, the City 30 Manager may deny the request, providing to the Committee written grounds for the denial. The 31 Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission. 32 33 (f) Reports. The committee shall prepare a report of its budget and finance review to the 34 City Commission at or before the first public hearing in accordance with subparagraph 1(b). 35 36 (g) Sunshine laws. All meetings of the committee and of any two or more persons appointed 37 to the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All 38 documents, including email communications, prepared by the committee or a committee member are 39 public records. 40 41 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held 42 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 43 the remaining portions of this ordinance. 44 45 Section 3. This ordinance shall be effective immediately after the adoption hereof. 46 47 48 Page 2 of 3 1 PASSED AND ADOPTED this 2 3 4 ATTEST: 5 6 7 8 9 CITY CLERK 10 11 1St Reading 12 2nd Reading 13 14 READ AND APPROVED AS TO FORM: 15 16 17 18 19 20 CITY ATTORNEY day of , 2006 Page 3 of 3 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: