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09-19-06CITY COMMISSION AGENDA City Commission Meeting (CANCELED FOR LACK OF QUORUM) Meeting date: September 19, 2006 Next Special Meeting date: September 26, 2006 (Final Budget Hearing) Next Regular Meeting date: October 3, 2006 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. 1) Certificates of Appreciation to UM students who helped with the "Rebuilding Together" project. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of August 15, 2006 b) Minutes of September 5, 2006 REGULAR CITY COMMISSION AGENDA - SEPTEMBER 19, 2006 1 2. City Manager's Report 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH .MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING MONIQUE DE PAREDES TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION RE- APPOINTING MONIQUE DE PAREDES TO SERVE ON THE COMMISSION FOR WOMEN FOR A 2 -YR TERM ENDING 9118108) (Mayor Feliu) 5. 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 $39,213.10; CHARGING $39,213.10 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 $39,213.10; CHARGING THE LEGAL SERVICES, NON- RETAINER ACCT W /CURRENT BAL$58,159.33) (City Attorney) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FY ENDING 9130106) (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 REGULAR CITY COMMISSION 2 AGENDA - SEPTEMBER 19, 2006 OF PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66TH STREET TO SW 68TH STREET IN AN AMOUNT OF $22,550 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 CHURCH ST FROM SW 66' ST TO SW 68TH ST IN AN AMT OF $22,550 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCT W /CURRENT BAL$24,339) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CSM FOR SCHOOL CROSSING GUARD SERVICES) (City Manager) ORDINANCE (S) SECOND READING PUBLIC NEARING (S) 9. 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) 10. 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 REGULAR CITY COMMISSION 3 AGENDA - SEPTEMBER 19, 2006 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 11. 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) RESOLUTION (S) /PUBLIC HEARING (S) 12. 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 CONSTRUCTION OF A SCENIC OVERLOOK /FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56' STREET; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A SCENIC OVERLOOK /FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56th ST) (City Manager) 13. 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 AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE PLACEMENT OF AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING) (City Manager) RESOLUTION (S) REGULAR CITY COMMISSION 4 AGENDA - SEPTEMBER 19, 2006 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FLORIDA LEGISLATURE, REQUESTING THE LEGISLATURE TO IMMEDIATELY CONVENE A SPECIAL SESSION TO ADDRESS THE CRISIS IN FLORIDA'S WINDSTORM INSURANCE MARKET; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION REQUESTING THE LEGISLATURE TO IMMEDIATELY CONVENE A SPECIAL SESSION TO ADDRESS THE CRISIS IN FLORIDA'S WINDSTORM INSURANCE MARKET) (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING (NONE) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAMERS 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 5 AGENDA - SEPTEMBER 19, 2006 South Miami AN-AineftaCfty 1 3 9,27 CITY COMMISSION AGENDA City Commission Meeting Meeting date: September 19, 2006 Next Special Meeting date: September 26, 2006 (Final Budget Hearing) Next Regular Meeting date: October 3, 2006 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. 1) Certificates of Appreciation to UM students who helped with the "Rebuilding Together" project. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of August 15, 2006 b) Minutes of September 5, 2006 REGULAR CITY COMMISSION AGENDA - SEPTEMBER 19, 2006 1 2. City Manager's Report 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING MONIQUE DE PAREDES TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION RE- APPOINTING MONIQUE DE PAREDES TO SERVE ON THE COMMISSION FOR WOMEN FOR A 2 -YR TERM ENDING 9118108) (Mayor Feliu) 5. 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 $39,213.10; CHARGING $39,213.10 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 $39,213.10; CHARGING THE LEGAL SERVICES, NON - RETAINER ACCT W /CURRENT BAL$58,159.33) (City Attorney) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FY ENDING 9130106) (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 REGULAR CITY COMMISSION 2 AGENDA - SEPTEMBER 19, 2006 LANDSCAPING & LAWN SERVICES, INC. FOR THE LANDSCAPING OF PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66TH STREET TO SW 68TH STREET IN AN AMOUNT OF $22,550 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 CHURCH ST FROM SW 66' ST TO SW 68TH ST IN AN AMT OF $22,550 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCT W /CURRENT BAL$24,339) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CSM FOR SCHOOL CROSSING GUARD SERVICES) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 9. 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) 10. 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 REGULAR CITY COMMISSION 3 AGENDA - SEPTEMBER 19, 2006 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) 11. 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) RESOLUTION (S) /PUBLIC HEARING (S) 12. 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 CONSTRUCTION OF A SCENIC OVERLOOK /FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56th STREET; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A SCENIC OVERLOOK /FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56th ST) (City Manager) 13. 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 AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE PLACEMENT OF AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING) (City Manager) REGULAR CITY COMMISSION 4 AGENDA - SEPTEMBER 19, 2006 RESOLUTION (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FLORIDA LEGISLATURE, REQUESTING THE LEGISLATURE TO IMMEDIATELY CONVENE A SPECIAL SESSION TO ADDRESS THE CRISIS IN FLORIDA'S WINDSTORM INSURANCE MARKET; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION REQUESTING THE LEGISLATURE TO IMMEDIATELY CONVENE A SPECIAL SESSION TO ADDRESS THE CRISIS IN FLORIDA'S WINDSTORM INSURANCE MARKET) (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING (NONE) 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 TBE 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 5 AGENDA - SEPTEMBER 19, 2006 l 1 2 City of South Miami 3 Regular City Commission Minutes 4 August 15, 2006 5 6 CALL TO ORDER: 7 8 The City Commission of the City of South Miami, Florida met 9 in regular session on Tuesday, August 15, 2006, beginning at 7:11 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 Attorney Luis Figueredo, City 18 Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley. 19 20 B. Invocation: The invocation was delivered by the Honorable 21 Judge Shirlyon McWhorter. 22 23 C. Pledge of Allegiance: 24 The Pledge of Allegiance was recited in unison. 25 26 D. Presentations(s) 27 28 a) Chiefs of Police commendation. Tokens of appreciation 29 were presented to the panel serving on the chief of police 30 selection committee. 31 32 b) School Board Member Agustin Barrera addressed the 33 Commission regarding various public schools issues such as 34 J.R.E. Lee converting to elementary school in the year 08 -09. 35 Mayor Feliu suggested naming the school after the late 36 Commissioner David Bethel who used to care for that school a 37 great deal. 38 39 Mayor Feliu and Vice Mayor Wiscombe emphasized the 40 importance of the School Board cotifying the surrounding 41 neighbors particularly regarding new construction. 42 43 Commissioner Beckman also posed questions regarding the 44 school yards being claimed as parkland; however, he said that 45 not all school yards function as such. He said that J.R.W. Lee REGULAR CITY COMMISSION MINUTES - August 15, 2006 1 1 has no access other than during school hours. Another school 2 that he mentioned being locked up all the time is Fairchild 3 Elementary. He also spoke of problems with drop off /pick of 4 issues are being addressed in the agreement that we are 5 developing with the County and the School Board. Commissioner 6 Beckman then referred to the new building of South Miami 7 Elementary saying that the architecture does not match at all 8 with the existing buildings. 9 10 11 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 12 13 14 1. Approval of Minutes 15 a) Minutes of July.25, 2006 16 17 Moved by Commissioner Palmer, seconded by Commissioner 18 Birts, the motion to approve the minutes of July 25, 2006 passed 19 by a 5 -0 vote: 20 21 Commissioner Palmer: Yea 22 Commissioner Birts: Yea 23 Commissioner Beckman: Yea 24 Vice Mayor Wiscombe: Yea 25 Mayor Feliu: Yea 26 27 28 2 City Manager's Report: 29 30 a) Sidewalk Master Plan Update 31 32 Public Works Director Ajibola Balogun presented this item. 33 34 Commissioner Beckman said that he wants to see all 35 thoroughfares be taken care of first; he said that on residential 36 streets he wants to see sidewalks as long as the residents want 37 them. 38 39 Mayor Feliu said that he also wants to see sidewalks on all 40 main thoroughfares such as SW 62nd Avenue from Miller to SW 64th 41 Street; and on Miller all the way from SW 62nd Avenue to SW 67th 42 Avenue. He referred to a gentleman who is on a wheelchair and who 43 has to ride on 56th Street because there is no sidewalk there. 44 45 Mr. Balogun said that all those streets that the Commission 46 mentioned are included in the master plan and that he is 47 following up on it. 48 REGULAR CITY COMMISSION MINUTES — August 15, 2006 2 1 To respond Mayor Feliul s question, Mr. Balogun said that we 2 cannot use the half-penny transportation tax for sidewalks unless 3 it is part of an infrastructure improvement. 4 5 Vice Mayor Wiscombe said that one of the things that we can 6 do with regard to impact fees is that when developers come here 7 with a project they should be required to build a sidewalk in 8 front of the property, particularly if the property is part of 9 the master plan; if they are not, then they should be required to 10 contribute to a fund for this purpose. 11 12 Commissioner Palmer said that she does not think that they 13 can arbitrarily charge developers for this because they are 14 already paying their impact fees and therefore they are taking 15 care of business. She said that an ordinance or resolution is 16 needed to address that issue. 17 18 Vice Mayor Wiscombe said that he is working on that to bring 19 forward so that they can assess developers coming to town with 20 projects. 21 22 Ms. McKinley announced that she has put together a tour of 23 the Performing Arts Center for Saturday, August 26th at 10:00 24 a.m. and that the Commission is invited. 25 26 Commissioner Beckman asked information about the possible 27 construction of a swimming pool at Murray Park. He said that if 28 the people of South Miami want a pool he would go along with it. 29 Therefore, he said that he would like to put this question as a 30 straw ballot item. 31 32 Mayor Feliu said that it is a good idea to get feedback from 33 the people and that they can also put the word out through the 34 newsletter. 35 36 Vice Mayor Wiscombe said that one of the things that they 37 need to look at is funding, either through grants or private 38 enterprise. 39 40 Commissioner Palmer said that she would hate to see spending 41 money on things such as sending a survey in order, to make a 42 decision on a pool because there is already some kind of a plan 43 in place. 44 45 Mayor Feliu said that the cost of a survey will be minimal 46 since it would be included in the newsletter. 47 48 With no further comments the City Manager's Report 49 concluded. 50 51 REGULAR CITY COMMISSION MINUTES — August 15, 2006 3 _W1 1 3. City Attorney's Report: 2 3 Mayor Feliu directed the City Attorney to look into crafting 4 an ordinance that would allow us to deal with excess of cars 5 parked on a single residential property. 6 7 With no further comments the City Attorney's Report 8 concluded. 9 10 11 1 PUBLIC REMARKS 12 13 At this time a few running Judges for the September 5tn 14 primary were afforded time to address the Commission: McWhorter, 15 Rippingille, Schurr and Tinkler Mendez. 16 17 David Tucker Sr. addressed the Commission referring to the 18 history of the Pledge of Allegiance. 19 20 Yvonne Beckman said to agree with the proposed referendum on 21 the construction of a pool at the Community Center. She also 22 spoke about sidewalks. 23 24 Cathy McCann referred to the pension ordinance on the 25 agenda. She said that the ordinance should be more specific about 26 who will be the administrator. 27 28 Dick Ward said that the City should review the "Y" contract 29 as to why kids from the community cannot use the pool. With 30 regard to the Community Center he said that there is no 31 supervision there downstairs before 8:00 in the morning. 32 33 Frank Cuzzocrea made observations on the police pension and 34 offered some suggestions based on his expertise in the field. 35 With regard, to the City Manager's contract he said that combined 36 benefits are above the salary range that was originally offered. 37 38 Lt. Hall of the Miami -Dade Fire Rescue Service said that 39 they are trying to have a representative at most meetings of the 40 Commission so that people with concerns about their fire rescue 41 service may approach them with questions. 42 43 Walter Harris referred to the CRA saying that a director 44 needs to be found. He also made comments regarding trash pick up. 45 46 With no further speakers, the public remarks section was 47 closed. 48 49 At this time, the Mayor announced a 5- minute break. REGULAR CITY COMMISSION MINUTES — August 15, 2006 n 1 2 As the meeting reconvened, the Mayor invited Police Chief 3 Landis to address the passing of Leon Valentine. The Mayor said 4 that Mr. Valentine was a pillar in our community and that he 5 wished to continue keeping this issue alive until the aggressors 6 are found. Chief Landis said that the City Police did what they 7 were supposed to do, however, the County investigates our 8 homicides, so after the South Miami Police secures the scene, the 9 County unit comes in and takes over. The SMPD is closely working 10 and following up on the investigation with the County; however, 11 at the present time there are no specific leads. 12 13 Commissioner Palmer reported that there is a hole on the 14 sidewalk at a corner by the post office. She then referred to the 15 issue of the pool and asked whether we had a swimming summer 16 program. Parks and Recreation Director Alan Ricke explained that 17 we did have a summer program which included swimming three days a 18 week; the pools that were used were: Tamiami Pool and A.D. Barnes 19 The pool at the YMCA, because of the size of their summer program 20 and the size of our summer program, it was not possible to 21 accommodate all the kids at that pool during the summer; the pool 22 at the "Y" is extremely small and it barely accommodates the kids 23 that are enrolled in the YMCA summer program. 24 25 Vice Mayor Wiscombe then pointed out that back in June there 26 was an event held at the "Y" for a group from the County and we 27 were not even notified about it. He said that he has asked the 28 City Manager to go back and review the "Y" contract because when 29 there is a countywide picnic that is being held at the "Y" they 30 take the entire lot. 31 32 Mayor Feliu requested a copy of the agreement with the "Y 33 in order to study it and see what the City is entitled to. 34 35 Vice Mayor Wiscombe directed the City Attorney and the 36 Manager to directly contact the "Y" and tell them that we want a 37 monthly schedule of the events so that we may be able to 38 coordinate our own events. 39 40 41 (UNFINISHED BUSINESS) 42 43 RESOLUTION (S) 44 45 146 -06 -12287 46 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 47 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYING THE 48 STATE AND FEDERAL LEGISLATURES TO CREATE THE "FREEDOM REGULAR CITY COMMISSION MINUTES — August 15, 2006 5 1 FROM FOSSIL FUEL ACT"; WHICH ACT SHALL PROVIDE FOR THE 2 UNITED STATES TO INVEST IN, SUPPORT THE EXPLORATION, 3 AND FUNDING OF ALTERNATE SOURCES OF FUEL SUCH AS SOLAR, 4 HYDROGEN, ETHANOL AND NUCLEAR POWER PLANTS AND TO 5 ADVOCATE METHODS FOR DECREASING FLORIDA'S AND THE 6 ENTIRE NATION'S DEPENDENCE UPON FOREIGN OIL AND FOSSIL 7 FUELS, IN GENERAL, AS FOSSIL FUELS ARE A DIMINISHING 8 NATURAL RESOURCE; PROVIDING AN EFFECTIVE DATE. 3/5 9 (Mayor Feliu) 10 11 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to 12 approve this item. 13 14 Mayor Feliu presented -this item. Among other ideas he said 15 that he would prefer to pay a higher price for a home-grown type 16 of fuel provided that it will create jobs and contribute to a 17 healthier environment. 18 19 Vice Mayor Wiscombe said that if we were not so dependent on 20 foreign oil and fossil fuel we probably would not be at war right 21 now. 22 23 Commissioner Beckman then conducted a presentation on this 24 item where he said to have certain expertise. After the 25 presentation he requested for this item to be deferred so that 26 they may consider his ideas. Commissioner Beckman also presented 27 an alternate resolution crafted with his recommendations. 28 29 Mayor Feliu again spoke urging the Commission for support of 30 his resolution. He also said that he would like to include in 31 this resolution some of the suggestions provided by Commissioner 32 Beckman such as wind and hydro. He said that he recently spoke 33 with Congressman Kendrick Meek who liked the idea of moving this 34 forward to the federal government and begin there. He said that 35 he also spoke with Speaker of the House, Marco Rubio, who also 36 likes the idea. In conclusion, the Mayor said that his philosophy 37 is freedom from fossil fuel. He then proceeded to incorporate 38 some of the ideas from Commissioner Beckman's alternate 39 resolution. 40 41 Moved by Mayor Feliu to amend the resolution by adding: 42 hydro, wind, and nuclear fission. Seconded by Vice Mayor 43 Wiscombe, the motion to approve the amendment passed by a 4-1 44 vote: 45 46 Commissioner Palmer: Yea 47 Commissioner Birts: Yea 48 Commissioner Beckman: Nay 49 Vice Mayor Wiscombe: Yea 50 Mayor Feliu- . Yea REGULAR CITY COMMISSION MINUTES — August 13, 2006 1 2 On the resolution as amended and as a whole, the motion to 3 approve passed by a 4 -1 vote: 4 5 Commissioner Palmer: Yea 6 Commissioner Birts: Yea 7 Commissioner Beckman: Nay 8 Vice Mayor Wiscombe: Yea 9 Mayor Feliu: Yea 10 11 12 ORDINANCE (S) FIRST READING 13 14 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE 16 CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING 17 CHAPTER 11 (GARBAGE & TRASH), SECTION 11 -21(b) ENTITLED 18 "EXTENT OF SERVICE AND POINTS OF COLLECTION DOMESTIC 19 TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN YARD 20 CLIPPINGS AT THE CURB FOR COLLECTION NO MORE THAN 21 SEVENTY -TWO (72) HOURS PRIOR TO THE SCHEDULED PICKUP 22 DAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR 23 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 24 3/5 25 (Commissioner Palmer) 26 27 Moved by Vice Mayor Wiscombe, seconded by Commissioner, Birts 28 to approve this item. 29 30 Commissioner Palmer presented this item. She said she 31 realizes that this proposed change will be difficult .for the 32 residents, moving back from one situation to another; however, 33 she said that she has been traveling throughout the City and that 34 she has seen a drastic change because people seem to have gotten 35 the idea that they can throw anything at anytime and everywhere; 36 she said that she really would like to see a clean city again. 37 38 Vice Mayor Wiscombe said that he believes that it is a lack 39 of effort on our part to educate people on this. He then referred 40 to some of the pictures provided by Code Enforcement indicating 41 that many of them depict construction sites and abandoned grocery 42 carts. 43 44 Code Enforcement Manager, Eva Rosa, explained that her 45 department sends out educational material (English and Spanish) 46 by certified mail. 47 48 Vice Mayor Wiscombe then referred to all the abandoned 49 shopping carts on the pictures; he said that the citizens need to REGULAR CITY COMMISSION 7 MINUTES — August 15, 2006 ,wa_�w r'�,'w 1 11 =` -r: 1 start taking responsibility about keeping their properties clean. 2 3 Commissioner Beckman said that it is true that there is 4 trash out throughout the City; regardless of whether the law says 5 72 hours or seven days, it still looks the same; people throw out 6 trash on the curve. Neither Pinecrest nor Palmetto Bay allows 7 that. They have a trash pick up once or twice a year. He said 8 that one of the things they can do to alleviate the situation may 9 be providing the residents with two containers. 10 11 Commissioner Birts said that Pinecrest and Palmetto Bay are 12 used to having their trash picked up twice a year only; they are 13 also used to taking their trash to the dump; however, we do not 14 even know where our dump is. is 16 With no further comments or discussion, the motion to 17 approve this item passed by a 4-1 vote: 18 19 Commissioner Palmer: Yea 20 Commissioner Birts: Yea 21 Commissioner Beckman: Yea 22 Vice Mayor Wiscombe: Nay 23 Mayor Feliu: Yea 24 25 At this time the Mayor called for a 5-minute break. 26 27 As the meeting reconvened, Commissioner Beckman pulled 28 item no. 11 from the Consent Agenda. 29 30 CONSENT 31 32 147-06-12288 33 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 35 COMMITTEES; APPOINTING JASON CHANDLER TO SERVE ON THE 36 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR 37 TERM ENDING AUGUST 14, 2008; AND PROVIDING AN EFFECTIVE 38 DATE. 3/5 39 (Mayor Feliu) 40 41 148-06-12289 42 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 43 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CLAIMS; 44 APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF 45 PLAINTIFFS STROFACE AND DURAN v. CITY OF SOUTH MIAMI 46 AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT 47 AGREEMENT PROVIDED THAT IT IS CONSISTENT WITH THE REGULAR CITY COMMISSION MINUTES — August 15, 2006 n. 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 SETTLEMENT TERMS AND CONDITIONS APPROVED BY THE COMMISSION; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 149 -06 -12290 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR CONTRACT WITH BELLSOUTH FOR THE BASE MONTHLY COST FOR THE (PRI) CITYWIDE TELEPHONE LINE IN AN AMOUNT OF $798.00 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 (City Manager) 150 -06- 12291 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 2005 -2006 FISCAL YEAR BUDGET;. APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE' ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F (1) OF THE CITY CHARTER FOR THE BUDGET YEAR ENDING SEPTEMBER 30, 2006, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 151 -06 -12292 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LNC ENGINEERING CONTRACTOR, INC. FOR CITYWIDE WATERMAIN IMPROVEMENTS CONSTRUCTION IN AN AMOUNT OF $190,741 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106 -1712- 536 -6436 AND PUBLIC WORKS DEPARTMENT'S ACCOUNT NUMBERS 001 - 1790 -519 -3100, 001- 1790- 519 -3450 AND 001 - 1790 - 519 -6440; PROVIDING FOR AN EFFECTIVE DATE. (City Manager) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve the Consent Agenda passed by a 5-0 vote: REGULAR CITY COMMISSION MINUTES — August 15, 2006 Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea 9 2 RESOLUTION (3) 3 4 152-06-12293 5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA APPROVING SELECTED 7 CONTRACTORS FOR EMERGENCY HURRICANE PREPAREDNESS & 8 RECOVERY DEBRIS REMOVAL; PROVIDING FOR AN EFFECTIVE 9 DATE. 3/5 10 (City Manager) 11 12 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to 13 approve this item. 14 15 Commissioner Beckman said that he. pulled this item from the 16 Consent because he could not find any provision within the 17 resolution as to the time limit. 18 19 Mr. Balogun explained that this is intended just for one 20 year. He explained that this is just for informational purposes; 21 therefore, this is done every year. 22 23 With no further comments or discussion, the motion passed by 24 a 5-0 vote: 25 26 Commissioner Palmer: Yea 27 Commissioner Birts: Yea 28 Commissioner Beckman: Yea 29 Vice Mayor Wiscombe: Yea 30 Mayor Feliu: Yea 31 32 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the 33 motion to add the following resolution to the agenda passed by a 34 5-0 vote: 35 36 Commissioner Palmer: Yea 37 Commissioner Birts: Yea 38 Commissioner Beckman: Yea 39 Vice Mayor Wiscombe: Yea 40 Mayor Feliu: Yea 41 42 43 153-06-12294 44 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY 46 MANAGER TO ISSUE A SERVICE WORK ORDER TO THE LOWEST 47 RESPONSIVE BIDDER FOR THE CONSTRUCTION OF SCENIC 48 MANATEE OVERLOOK/FISHING PIER IN AN AMOUNT NOT TO REGULAR CITY COMMISSION MINUTES — August 15, 2006 10 1 EXCEED $20,000 TO BE CHARGED TO THE LAND AND WATER 2 CONSERVATION (LWCF) GRANT ACCOUNT NUMBER 001- 000 -131- 3 1461; PROVIDING FOR AN EFFECTIVE DATE. 3/5 4 (City Manager) 5 6 Moved by Mayor Feliu, seconded by Commissioner Palmer to 7 approve this item. 8 9 Mr. Balogun presented this item. He explained that this item 10 is time sensitive because the grant will be expiring next month. 11 12 In response to Vice Mayor Wiscombe' s question, Mr. Balogun 13 said that Parks and Recreation has had this grant since 2003. 14 15 Also in response to the Vice Mayor's concern over the length 16 of time since the grant was received, Mr. Ricke explained that 17 they had a variety of challenges with the entire grant such as 18 getting changes approved by the DEP; problems with last year's 19 hurricane; the scope and size of the fishing peer. This is one of 20 the two remaining parts of the project to finish up. The other 21 part is the gazebo that was approved back in April. The 22 completion date is September 21st. 23 24 Vice Mayor Wiscombe said that he will vote in favor because 25 he wants it done but that he really has a problem with it. He 26 said that the design should have been done way long ago; if we 27 get grants with an obligation to spend that money within certain 28 timeframes we should get it done. 29 30 Ms. McKinley said that staff is reviewing all the grants to 31 make sure that this does not happen again. 32 33 Mr. Balogun said that they will try to seek another 34 extension so that they can get the job done. 35 36 With no further comments or discussion, the motion passed by 37 a 5-0 vote: 38 39 Commissioner Palmer: Yea 40 Commissioner Birts: Yea 41 Commissioner Beckman: Yea 42 Vice Mayor Wiscombe: Yea 43 Mayor Feliu: Yea 44 45 46 ORDINANCE (8) SECOND READING PUBLIC HEARING (3) 47 (NONE) 48 49 REGULAR CITY COMMISSION MINUTES — August 15, 2006 11 1 2 ORDINANCE (S) SECOND READING 3 4 19 -06 -1887 5 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; 7 APPROVING AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF 8 SOUTH MIAMI AND THE CITY MANAGER; PROVIDING FOR TERMS 9 AND CONDITIONS AND AN EFFECTIVE DATE. 3/5 10 (Deferred 8101106) 11 (Mayor Feliu) 12 13 Moved by Mayor Feliu, seconded by Commissioner Palmer to 14 approve this item. 15 16 Mayor Feliu presented this item. 17 18 Commissioner Palmer reiterated what she had said before, 19 that the proposed salary is too high and that it should be 20 adjusted; she said that she looked at other cities which have a 21 larger population and which constitute more responsibilities; she 22 said that she would like to see the contract amended with the 23 recommendations that the City Attorney put together in the memo. 24 25 At this time Mayor Feliu said that they could start with the 26 salary he said that he believed that $130,000 is fair; he said 27 that the City will be saving on the benefits package since she is 28 not getting health insurance. He said that this manager has 29 already proven herself. 30 31 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the 32 motion to approve a salary of $130,000 for the City Manager 33 passed by a 3 -2 vote: 34 35 Commissioner Palmer: Nay 36 Commissioner Birts: Yea 37 Commissioner Beckman: Nay 38 Vice Mayor Wiscombe: Yea 39 Mayor Feliu: Yea 40 41 Counsel Figueredo explained that the memo in front of them 42 contains a compilation of the suggestions received by the 43 Commission with regard to the contract. 44 45 Commissioner Beckman then went through the proposed 46 recommended changes, from 1 -19. (See attached City Attorney's 47 Memo for reference) 48 49 Moved by Commissioner Beckman, seconded by Commissioner REGULAR CITY COMMISSION 12 MINUTES — August 15, 2006 1 Palmer, the motion to amend the resolution that the contract be 2 for one year instead of three failed by a 2 -3 vote: 3 4 Commissioner Palmer: Yea 5 Commissioner Birts: Nay 6 Commissioner Beckman: Yea 7 Vice Mayor Wiscombe: Nay 8 Mayor Feliu: Nay 9 10 Moved by Commissioner Birts, seconded by Mayor Feliu, the 11 motion to extend the meeting for 15 minutes beyond 11:00 p.m. 12 passed by a 4 -1: 13 14 Commissioner Palmer: Yea 15 Commissioner Birts: Yea 16 Commissioner Beckman: Nay 17 Vice Mayor Wiscombe: Yea 18 Mayor Feliu: Yea 19 20 Moved, by Commissioner Beckman, seconded by Commissioner 21 Palmer, the motion to amend the resolution as per recommendation 22 no. 3 failed by a 2 -3 vote: 23 24 Commissioner Palmer: Yea 25 -Commissioner Birts: Nay 26 Commissioner Beckman: Yea 27 Vice Mayor Wiscombe: Nay 28 Mayor Feliu: Nay 29 30 Moved by Commissioner Beckman, seconded by Commissioner 31 Palmer, the motion to amend the resolution as per recommendation 32 no. 5 failed by a 2 -3 vote: 33 34 Commissioner Palmer: Yea 35 Commissioner Birts: Nay 36 Commissioner Beckman: Yea 37 Vice Mayor Wiscombe: Nay 38 Mayor Feliu: Nay 39 40 Moved by Commissioner Beckman, seconded by Commissioner 41 Palmer, the motion to amend the resolution as per recommendation 42 no. 7 died for lack of a second. 43 44 Moved by Commissioner Beckman, seconded by Commissioner 45 Palmer, the motion to amend the resolution as per recommendation 46 no. 8 failed by a 2 -3 vote: 47 48 Commissioner Palmer: Yea 49 Commissioner Birts: Nay REGULAR CITY COMMISSION 13 MINUTES — August 15, 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 Commissioner Beckman: Yea Vice Mayor Wiscombe: Nay Mayor Feliu: Nay Moved by Commissioner Beckman, seconded by Commissioner Palmer, the motion to amend the resolution as per recommendation no. 9 died for lack of a second. Moved by Commissioner Beckman, seconded by Commissioner Palmer, the motion to amend the resolution as per recommendation no. 10 and as corrected: "Sick time shall accrue the equivalent of 1.0 day of leave time per month..." failed by a 2 -3 vote: Commissioner Palmer: Yea Commissioner Birts: Nay Commissioner Beckman: Yea Vice Mayor Wiscombe: Nay Mayor Feliu: Nay Moved by Commissioner Beckman, seconded by Commissioner Palmer, the motion to amend the resolution as per recommendation no. 11 failed by a 2 -3 vote: Commissioner Palmer: Yea Commissioner Birts: Nay Commissioner Beckman: Yea Vice Mayor Wiscombe: Nay Mayor Feliu: Nay Moved by Commissioner Beckman, seconded by Commissioner Palmer, the motion to amend the resolution as per recommendation no. 12 failed by a 2 -3 vote: Commissioner Palmer: Yea Commissioner Birts: Nay Commissioner Beckman: Yea Vice Mayor Wiscombe: Nay Mayor Feliu: Nay Moved by Commissioner Beckman, seconded by Commissioner Palmer, the motion to amend the resolution as per recommendation no. 13 (crossing out the second alternative) failed by a 2 -3 vote: REGULAR CITY COMMISSION MINUTES — August 15, 2006 Commissioner Palmer: Yea Commissioner Birts: Nay Commissioner Beckman: Yea Vice Mayor Wiscombe: Nay 14 1 Mayor Feliu: Nay 2 3 4 5 Moved by Commissioner Beckman, seconded by Commissioner 6 Palmer, the motion to amend the resolution as per recommendation 7 no. 14 failed by a 2-3 vote: 8 9 Commissioner Palmer: Yea 10 Commissioner Birts: Nay 11 Commissioner Beckman: Yea 12 Vice Mayor Wiscombe: Nay 13 Mayor Feliu: Nay 14 15 Moved by Commissioner Beckman, seconded by Commissioner 16 Palmer, the motion to amend the resolution as per recommendation 17 no. 15 was withdrawn as it is considered "scrivener's error." 18 19 Moved by Commissioner Beckman, seconded by Commissioner 20 Palmer, the motion to amend the resolution as per recommendation 21 no. 16 failed by a 2-3 vote: 22 23 Commissioner Palmer: Yea 24 Commissioner Birts: Nay 25 Commissioner Beckman: Yea 26 Vice Mayor Wiscombe: Nay 27 Mayor Feliu: Nay 28 29 Moved by Commissioner Beckman, seconded by Commissioner 30 Palmer, the motion to amend the resolution as per recommendation 31 no. 17 failed by a 2-3 vote: 32 33 Commissioner Palmer: Yea 34 Commissioner Birts: Nay 35 Commissioner Beckman: Yea 36 Vice Mayor Wiscombe: Nay 37 Mayor Feliu: Nay 38 39 Moved by Commissioner Beckman, seconded by Commissioner 40 Palmer, the motion to amend the resolution as per recommendation 41 no. 18 failed by a 2-3 vote: 42 43 Commissioner Palmer: Yea 44 Commissioner Birts: Nay 45 Commissioner Beckman: Yea 46 Vice Mayor Wiscombe: Nay 47 Mayor Feliu: Nay 48 REGULAR CITY COMMISSION MINUTES — August 15, 2006 15 1 Moved by Commissioner Beckman, seconded by Commissioner 2 Palmer, the motion to amend the resolution as per recommendation 3 no. 19 failed by a 2 -3 vote: 4 5 Commissioner Palmer: Yea 6 Commissioner Birts: Nay 7 Commissioner Beckman: Yea 8 Vice Mayor Wiscombe: Nay 9 Mayor Feliu: Nay 10 11 With no further comments or discussion, the motion to 12 approve this item as amended passed by a 3 -2 vote: 13 14 Commissioner Palmer: Nay 15 Commissioner Birts: Yea 16 Commissioner Beckman: Nay 17 Vice Mayor Wiscombe: Yea 18 Mayor Feliu: Yea 19 20 21 RESOLUTION (S) /PUBLIC HEARING (S) 22 23 (NONE) 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING (CONT'D) 14. 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 REGULAR CITY COMMISSION MINUTES — August 15, 2006 16 1 REMOVING THE MANDATORY MEMBERSHIP OF CERTAIN NAMED 2 OFFICALS; PROVIDING CLARIFICATION OF ELECTION AND 3 APPOINTMENT PROCEDURES FOR TRUSTEES; PROVIDING FOR 4 CLARIFICATION OF BOARD'S INVESTMENT AUTHORITY; 5 PROVIDING FOR REMOVAL OF A NAMED ADMINISTRATOR; 6 PROVIDING FOR SEVERABILITY; PROVIDING FOR 7 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 8 (City Manager) 9 10 11 12 COMMISSION REMARKS 13 14 There being no further business to come before this Body, 15 the meeting adjourned at 11.:18 p.m. 16 17 Attest 18 19 20 21 Maria M. Menendez 22 City Clerk REGULAR CITY COMMISSION MINUTES — August 15, 2006 17 Approved Horace G. Feliu Mayor City of South Miami Regular City Commission Minutes September 5, 2006 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, September 5, 2006, beginning at 7:34 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Horace G. Feliu, Commissioners Velma Palmer, Marie Birts and Jay Beckman. Vice Mayor Randy G. Wiscombe was absent. Also in attendance were: City Attorney Luis Figueredo, City Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley. B. Invocation: The invocation was delivered by Mayor Feliu. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) (NONE) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of August 1, 2006 Moved by Commissioner Palmer, seconded by Commissioner Birts, the motion to approve the minutes of August 1, 2006 passed by a 4 -0 vote: REGULAR CITY COMMISSION MINUTES - September 5, 2006 Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Absent Mayor Feliu: Yea 1 2. City Manager's Report: a) Report on the Status of Concurrency Fees owed to the City Mr. O'Donniley presented this item, consisting of a summary of the payment responsibility and status for each of the following development project: 1) Project Sunset (4.5 acres, 108 dwelling units — payment was set at $232,000); 2) Red Road Commons (7 acres, 407 dwelling units — payment set at $928,000). Mr. Proctor said that he does not foresee any problems in meeting the November 2007 deadline. b) Update on Banners installed Downtown Ms. McKinley provided the Commission with an update on the banners installed downtown. c) Scheduling date for pension workshop. A pension workshop was scheduled for Tuesday, September 26, 2006 at 6:00 p.m. Mr. Balogun announced that the workshop regarding sidewalks has been scheduled for Wednesday, September 13, 2006 beginning at 6:00 p.m. With no further comments the concluded. 3. City Attorney's Report: (NONE) City Manager's Report Moved by Commissioner Palmer, seconded by Commissioner Birts, the motion to move item no. 4 to be heard before public remarks passed by a 4 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Absent Mayor Feliu: Yea REGULAR CITY COMMISSION 2 MINUTES - September 5, 2006 REGULAR CITY COMMISSION MINUTES - September 5, 2006 3 1 (UNFINISHED BUSINESS) 41001_ 2 3 4 ORDINANCE (8) FIRST READING 5 6 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 7 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH 8 MIAMI POLICE OFFICERS' RETIREMENT TRUST FUND, PROVIDING 9 FOR REDUCTION IN NUMBER OF TRUSTEES ON THE BOARD OF 10 TRUSTEES FROM SEVEN (7) TO FIVE (5) BY REMOVING THE 11 MANDATORY MEMBERSHIP OF CERTAIN NAMED OFFICALS; 12 PROVIDING CLARIFICATION OF ELECTION AND APPOINTMENT 13 PROCEDURES FOR TRUSTEES; PROVIDING FOR CLARIFICATION OF 14 BOARDS INVESTMENT AUTHORITY; PROVIDING FOR REMOVAL OF 15 A NAMED ADMINISTRATOR; PROVIDING FOR SEVERABILITY; 16 PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN 17 EFFECTIVE DATE. 3/5 18 (City Manager) 19 20 Moved by Commissioner Palmer, seconded by Commissioner Birts 21 to approve this item. C22 , 23 Pension Attorney Ken Harrison presented this item. The 24 Commissioners were afforded time to ask questions to Mr. 25 Harrison, pertaining to the proposed amendment to the existing 26 code which is in compliance with Chapter 185 of the Florida 27 Statutes. Mr. Harrison also provided clarification-with regard to 28 the management of the funds. He explained that the board 29 establishes the policies and then they hire managers to 30 administer; the board picks styles, and establishes guidelines. He 31 then said that there are quarterly reports from the investment 32 managers, as well as an evaluation study from the actuary. 33 34 With no further comments or discussion, the motion to 35 approve this item passed by a 4-0 vote: 36 37 Commissioner Palmer: Yea 38 Commissioner Birts: Yea 39 Commissioner Beckman: Yea 40 Vice Mayor Wiscombe: Absent 41 Mayor Feliu: Yea 42 43 44 At this time the Mayor allowed Commission for Women Chair, 45 Monique de Paredes address the Commission; she announced that 46 Maria Stout-Tate will be the new liaison, and Officer Guzman will 14iW�47 be teaching the self-defense classes, sponsored by the Commission REGULAR CITY COMMISSION MINUTES - September 5, 2006 3 1 for Women, which are at no charge and will be held on Saturday, 2 September 16th at the Community Center. (Commission for Women 3 telephone # 305 - 663 - 6332). 4 5 6 PUBLIC REMARKS David Tucker Sr. addressed the Commission referring to the historical event of the Mayflower. Mr. Tucker, a retired history professor said that he wants to continue explaining the patriotism of this country to the American people. Bob Welsh addressed the issue of numerous cars being parked on the property located at SW 64th Court and Sunset Drive, which is the campaign headquarters for Frank Bolanos who is running for the State Senate. Walter Harris concurred with Mr. Welsh on the above claim. He then spoke in support of Commissioner Beckman for his honesty and integrity. Peter Jude spoke regarding the garbage and trash urging the Commission to continue the 24 -7 rule. With no further speakers, the public remarks section was closed. Commissioner Beckman pulled items no. 7 and 10 from the Consent (now nos. 12 & 13) CONSENT 154 -06 -12295 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 (City Manager) REGULAR CITY COMMISSION MINUTES - September 5, 2006 !J REGULAR CITY COMMISSION MINUTES - September 5, 2006 5 1 155-06-12296 2 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3, CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA 5 RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. 6 (SFRC&D) FOR PROFESSIONAL ENGINEERING SERVICES, TO 7 INCLUDE, REVIEW OF EXISTING TOPOGRAFICAL SURVEY, 8 ENGINEERING DESIGN, PREPARATION OF CONSTRUCTION PLANS, 9 DESIGN PERMITTING, BIDDING AND CONSTRUCTION PHASE 10 MANAGEMENT SERVICES FOR THE BROAD CANAL SHORELINE 11 STABILIZATION PROJECT (NRCS FUNDING AGREEMENT NUMBER 69- 12 4209-6-1667), IN AN AMOUNT OF $86,233 TO BE CHARGED TO 13 NRCS DISASTER RELIEF FUNDING ACCOUNT NUMBERS 106-1713 - 14 536-3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 15 (City Manager) 16 17 156-06-12297 18 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 19 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY 20 MANAGER TO ISSUE SERVICE WORK ORDER TO ENVIROWASTE 21 SERVICES GROUP, INC. FOR STORM DRAIN SYSTEM CLEANING IN 22 AN AMOUNT OF $10F000.00 TO BE CHARGED TO STORMWATER 23 TRUST FUND ACCOUNT NO. 111-1730-541-3450; PROVIDING FOR 24 AN EFFECTIVE DATE. 3/5 25 (City Manager) 26 27 157-06-12298 28 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 30 MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT WITH 31 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE 32 TRANSFER OF SUNSET DRIVE FROM US-1 TO SW 69TH AVENUE 33 (WESTERLY CITY LIMIT) ; PROVIDING FOR AN EFFECTIVE DATE. 34 35 (City Manager) 3/5 36 37 158-06-12299 38 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 39 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 40 MANAGER TO ENTER INTO A ONE YEAR TELEPHONE EQUIPMENT 41 MAINTENANCE CONTRACT WITH BELLSOUTH FOR THE BASE MONTHLY 42 COST IN AN AMOUNT OF $994.36 A MONTH AND CHARGING THE 43 DISBURSEMENT TO ACCOUNT 001-2100-519-4120 TITLED NON- 44 DEPARTMENTAL COMMUNICATION TELEPHONE SERVICE, PROVIDING 45 FOR AN EFFECTIVE DATE. 3/5 46 (City Manager) 40" 47 48 REGULAR CITY COMMISSION MINUTES - September 5, 2006 5 30 RESOLUTION (S) 161 -06 -12302 12. 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 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Palmer to approve this item. Commissioner Beckman pulled this item from the Consent Agenda, asking as to how we did end up with responsibility of the median of a County road such as 57th Avenue. Mr. Balogun explained that we took on the responsibility many years ago to REGULAR CITY COMMISSION 6 MINUTES - September 5, 2006 1 159 -06 -12300 2 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 4 FEES; APPROVING ATTORNEYS' FEES FOR THE KNOX FIRM IN 5 THE AMOUNT OF $8,437.50; TO BE CHARGED TO ACCOUNT NO. 6 001.1500.514.3410 LEGAL SERVICES, NON - RETAINER; 7 PROVIDING AN EFFECTIVE DATE. 3/5 8 (City Attorney) 9 10 160 -06 -12301 11 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 13 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 14 FIGUEREDO, P.A. IN THE AMOUNT OF $14,628.86; CHARGING 15 $14,628.86 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL 16 SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5 17 (City Attorney) 18 19 Moved by Commissioner Palmer, seconded by Commissioner 20 Birts, the motion to approve the Consent Agenda passed by a 4 -0 21 vote: 22 23 Commissioner Palmer: Yea 24 Commissioner Birts: Yea 25 Commissioner Beckman: Yea 26 Vice Mayor Wiscombe: Absent 27 Mayor Feliu: Yea 28 29 30 RESOLUTION (S) 161 -06 -12302 12. 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 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Palmer to approve this item. Commissioner Beckman pulled this item from the Consent Agenda, asking as to how we did end up with responsibility of the median of a County road such as 57th Avenue. Mr. Balogun explained that we took on the responsibility many years ago to REGULAR CITY COMMISSION 6 MINUTES - September 5, 2006 1 maintain it for the purpose of beautifying the corridors and the REGULAR CITY COMMISSION 7 MINUTES - September 5, 2006 2 entrances to the City, such as we did with Sunset Drive and US1. 3 Our responsibility is just for the median, not the road, and it 4 is just for the landscaping. The design was done in house. 5 6 With no further comments or discussion, the motion to 7 approve this item passed by a 4-0 vote: 8 9 Commissioner Palmer: Yea 10 Commissioner' Birts : Yea 11 Commissioner Beckman: Yea 12 Vice Mayor Wiscombe: Absent 13 Mayor Feliu: Yea 14 15 16 162-06-12303 17 13. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI, FLORIDA RELATING TO A CENTRALIZED 19 VALET PARKING SERVICE FOR THE DOWNTOWN COMMERCIAL AREA; 20 AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR 21 CONTRACT WITH AMERICAN PARKING SYSTEMS; PROVIDING FOR AN 22 EFFECTIVE DATE. 3/5 23 (City Manager) 24 40w,� 25 Moved by Mayor Feliu, seconded by Commissioner Birts to 26 approve this item. 27 28 Commissioner Beckman also pulled this item from the Consent 29 Agenda because he had several questions. Ms. McKinley responded 30 with regard to his question as to whether we have any estimate on 31 revenue sharing saying that we do not have enough information for 32 that yet; he then posed various questions regarding the 33 agreement. Mr. John E. Smith also responded to some of the 34 concerns from Commissioner Beckman such as the pricing and hours 35 of the meters. 36 37 With regard to the Hours of Operation (under Exhibit A) it 38 was agreed by the consensus of the Commission to change it from 4 39 to 5 hours. 40 41 With regard to valet parking, Mr. Jose Luis Diaz who is one 42 of the principals of American Parking, provided information about 43 the two agreement and two letters of intent for parking lots 44 rental. He said that he has not signed them yet because he is 45 waiting for the approval of this proposal in front of the 46 Commission tonight. 47 48 Ms. McKinley then said that she will be meeting with the 49 Coral Gables Commissioners next week to see whether we will be 50 able to use some of their parking space across the street on 57th REGULAR CITY COMMISSION 7 MINUTES - September 5, 2006 Avenue which they are not using at night; she said that Coral Gables has ordinances that prohibit using the buildings for this purpose, so Ms. McKinley will try to see if they can waive that at least for the pilot program for a year. She said that she has put this in place in order to address the concerns of the downtown business district merchants. Commissioner Beckman then proposed to amend Section 1 of the resolution by adding: "Upon receiving signed contract for parking the cars." This was then verbally agreed with the City Manager. In response to Commissioner Palmer's question regarding the other parties involved with the parking lots which will be used to store the cars, Mr. Diaz explained that they will be paying for the 12 parking meters to park the cars at lunch and dinner times and that American Parking will have an agreement signed with the owners of those lots. With no further comments or discussion, the motion to approve this item passed by a 4 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Absent Mayor Feliu: Yea 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) Moved by Mayor Feliu, seconded by Commissioner Birts to approve this item. Commissioner Palmer presented this item which she has sponsored. She said that this ordinance was not intended to punish the taxpayers; she said that the original intention of the REGULAR CITY COMMISSION MINUTES - September 5, 2006 M. ordinance was to allow people more freedom to put out their trash whenever they did their clippings; however, what has happened is that besides the clippings, what you see throughout the City is all types of trash everywhere making the City look trashy. She reiterated that she is not doing this in order to punish anyone; she said that this will be an inconvenience for her as well, but that she looks at the big picture and she does not want her City to be looking like this. She said that she brought this forward because she thought that they could do something about it. She said that she received many emails on this and she thanked everybody for their input. Commissioner Beckman asked for clarification regarding the language under Section 1 (b) "Domestic trash." He then said that he will be working with Mr. Balogun in order to start putting out educational material in the newsletter with regard to trash pick up. Commissioner Birts said that people need to go back in cutting up clippings in four pieces so that the pile will not be scattered around; she also said that she is willing to monitor her street because there is only one or two on her street that put loose trash out all the time. Mayor Feliu said that it takes everybody's cooperation in order to keep the City clean. Ms. Rosa said that her Code Enforcement officers work very hard at educating people but that it is not easy. At this time the public hearing was opened. Yvonne Beckman spoke against the proposed amendment to this ordinance. Bob Welsh said that people need to be educated with regard to trash pick up rules. He said that upon talking to a lot of residents he found that most people have no knowledge of the regulations. He said that he would rather see a smaller fine on a larger scale than the opposite. He does not think that lawn clippings sitting on the pile 24 -7 make South Miami look trashy. Dick Ward gave an update on the voting results. Carla Neufeld said that she has two residential properties in the City and spoke against the ordinance. Woody Goodman spoke against the ordinance. He said that trash does not bother him that much. Commissioner Palmer said REGULAR CITY COMMISSION 9 MINUTES - September 5, 2006 that she concurred with her colleagues with regard to the need to educate people about the rules. She humorously said that she has never voted against herself but that she would have no choice in this case. Mayor Feliu said that we should use our newsletter to inform people about the rules of the City on this subject. With no further comments or discussion, the motion to approve this item failed by a 0 -4 vote: Commissioner Palmer: Nay Commissioner Birts: Nay Commissioner Beckman: Nay Vice Mayor Wiscombe: Absent Mayor Feliu: Nay RESOLUTION (S) /PUBLIC HEARING (S) 163 -06 -12304 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 (City Manager) Moved by Mayor Feliu, seconded by Commissioners Palmer and Birts to approve this item. Mr. O'Donniley presented this item. Commissioner Beckman said that he did not see anything wrong with the canvass awning; he said that it looks good, functional, and it serves a purpose by keeping the water from dripping on people going in and out. He said that the awning does not do anything permanent to the fagade of that building. He said that he wished for the owner to have the choice of installing the canvass awning if so chooses. At this time the public hearing was opened and closed with no speakers. Moved by Commissioner Beckman to amend the resolution by adding under Section l: 3. This would include the proposed black awning in canvass material. Seconded by Commissioner Birts, the motion to amend passed by a 4 -0 vote: REGULAR CITY COMMISSION 10 MINUTES - September 5, 2006 Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Absent Mayor Feliu: Yea With no further comments or discussion, the motion to approve this item as amended passed by a 4 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Absent Mayor Feliu: Yea ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING (CONT'D) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, 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) Moved by Mayor Feliu, seconded by Commissioner Palmer to approve this item. item. At this time the Mayor announced a 5- minute break. Mr. O'Donniley conducted a Powerpoint presentation of this Commissioner Beckman said that he had some concerns from REGULAR CITY COMMISSION MINUTES - September 5, 2006 11 REGULAR CITY COMMISSION MINUTES - September 5, 2006 12 1 residents on Manor Lane. He asked whether by approving this would 2 put any pressure on a rezoning of those single family houses 3 between the two RT designations. 4 5 Mr. O'Donniley said that he had that discussion with the 6 owner of this property who owns a single family house adjacent 7 and he said to believe that he is prepared to volunteer a 8 covenant to run with the land, that it will not be used for any 9 purpose other than single family. 10 11 Commissioner Beckman then referred to number 3 "Impact on 12 Public Facilities" under the Proposed Amendment Review; he asked 13 for clarification about the 2.74 persons per household. 14 15 Mr. O'Donniley said that staff uses the number from the US 16 census. 17 18 Commissioner Beckman said that what he would like to see 'for 19 the second reading, if possible, is to give some thought about 20 the whole thing of park concurrency and how we would handle a 21 larger project. 22 23 Mr. O'Donniley said that he will look at an alternative 24 along Commissioner Beckman's lines and that he will be reporting 25 back to the Commission. 26 27 Commissioner Palmer said that the residents' signatures were 28 not included in the packet; she said that they have been included 29 in previous items such as this one and that it would have helped 30 seeing them. Mr. O'Donniley said that the-reason why they do not 31 do that is because technically is hearsay evidence; they are in 32 our files, he added, but for me to enter them here in a public 33 hearing when they are not here to be questioned, if anyone were 34 here in opposition it would not be appropriate. He said that he 35 will provide them at the next meeting. Mr. O'Donniley then 36 responded to Commissioner Palmer that we do have enough land to 37 meet park concurrency at this time. 38 39 With no further comments or discussion, the motion to 40 approve this item passed by a 4 -0 vote: 41 42 Commissioner Palmer: Yea 43 Commissioner Birts: Yea 44 Commissioner Beckman: Yea 45 Vice Mayor Wiscombe: Absent 46 Mayor Feliu: Yea 47 48 49 50 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 51 CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15- REGULAR CITY COMMISSION MINUTES - September 5, 2006 12 I N 1 2 3 4 5 6 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 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) Moved by Mayor Feliu, seconded by Commissioner Palmer to approve this item. Finance Director, Adriana Hussein, explained that the Committee is requesting an extension of their term which expires September 30th. Mayor Feliu said that the Committee, among other things, is looking at revenue, particularly with some of the assets that the City has which we are not using such as the lot by the post office. He said that he would like to see the Committee's suggestions. With no further comments or discussion, approve this item passed by a 4 -0 vote: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Vice Mayor Wiscombe: Mayor Feliu: COMMISSION REMARKS the motion to Yea Yea Yea Absent Yea The Commission was afforded time to make remarks. There being no further business to come before this Body, the meeting adjourned at 10:20 p.m. Attest Maria M. Menendez City Clerk REGULAR CITY COMMISSION MINUTES - September 5, 2006 13 Approved Horace G. Feliu Mayor 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING MONIQUE DE PAREDES TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to re- appoint Monique de Paredes to serve for a two year term on the Commission for Women. This appointment(s) shall expire September 18, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby re- appoints Monique de Paredes to the Commission for Women. Section 2. The expiration date of this appointment(s) shall be September 18, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2006 ATTEST: READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: m IA' J _n. F I o r l d a Guam d a city 2001 CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: 1p1pace n t), ' l , �L 2. Home Address: � 3. Business Address: 4. Home Phone No. ' Business Phone No. ` Fax No. 5. E -mail Address: 6. Education Background: 7. Community Service: 8. Are you a registered voter? Yes V No V 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes V No 11. Ethnic Origin? White Non-Hispanic_ African American _ Hispanic Americany Other 12. I am interested in serving on the following board(s) /committee(s): na Sior F-1 We, men Signature Lx Date D Wp ; lic t `THI� A41,ICATIOA WILL REMAIN ON FILE FOR ONE YEAR Revised 8/0I v INTER - OFFICE MEMORANDUM CITY CLERK'S OFFICE South Miami I- America C" y I® 2001 Please be advised of Mayor Feliu's intent, with your advice and consent, to appoint at the September 19, 2006 City Commission meeting the following individual(s): 1. Monique de Paredes Commission for Women If I can be of any further assistance please advise. CC: Yvonne Soler- McKinley, City Manager J: \My Documents \boards and committees \Memo City Commission Bd appt.09.19.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $39,213.10; CHARGING $39,213.10 TO ACCOUNT NO. 001- 1500 -514- 8 3410, LEGAL SERVICES, NON- RETAINER; PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of South Miami approved 12 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing 13 payment of City Attorney non - retainer attorneys' fees and costs; and, 14 15 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for 16 legal services rendered, and costs advanced, for the period ending 17 June 29, 2006, in the amount of $39,213.10; and, 18 19 WHEREAS, as of September 11, 2006, the existing balance on city attorney 20 account no. 001- 1500 - 514 -3410, legal services, non - retainer, is $43,225.00. 21 22 WHEREAS, the office of the City Attorney recommends payment of the attached 23 invoices. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The invoices for attorneys' fees and costs received from Nagin 29 Gallop Figueredo, P.A., in the total amount of $39,213.10 are approved for payment; 30 charging $39,213.10 to account no. 001 - 1500 - 514 -3410, legal, non - retainer. 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this day of July, 2006. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 READ AND APPROVED AS TO FORM: Mayor Feliu: 43 Vice Mayor Wiscombe: 44 Commissioner Beckman: 45 Luis R. Figueredo Commissioner Birts: 46 Nagin Gallop Figueredo, P.A. Commissioner Palmer: 47 Office of the City Attorney Additions shown by underlining and deletions shown by ever-striking. 18001 Old Cutler Road - Fifth Floor'•:. Telephone: (305) 854-5353 Miami, Florida 33157-6417 ' Facsimile: (305) 854-5351 July 7, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 61.30 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 June 29, 2006, in the amount of $39,213.10, and requisition no. 21, FY 2005- 06. 1 have tabulated the amounts currently due on each individual file as follows: City Attorney Account No. 061-1500-514-3410, Legal Services, Non-Retainer Account balance as of July 7, 2006, $589216.00 0022-068 Telecommunications Contract Invoice No. 18541 dated 06129106 Prof'] Services Disbur'esments Total Due 400.00 0.00 400.00 0022-083 Planning Board Invoice No. 18542 dated 06129106 Prof'I Services Disburesments Total Due 3,370.00 0.00 3,370.00 0022-129 Mark Richman Properties Invoice No. 18543 dated 06129106 Prof' I -Services Disburesments Total Due $ 2,420.66' 0.00 2,420.00 0022-137 Special Master Invoice No. 18544 dated 06/29/06 Prof'I Services Disbursements Total Due 620.00 0.00 620.00 Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAMI June 1, 2006 0022 -171 Forfeiture of Currency Invoice No. 18545 dated 06/29106 Prof l'Services Disbursements Total Due 560.00 36.85 596.85 0022 -178 J. Cleveland EEOC Matter Invoice No. 18546 dated 06129106 Prof'1 Services Disbursements Total Due 9,000.00 409.62 9,409.62 0022 -179 Chester v. CSM Invoice No. 18547 dated 06129106 Prof'l Services Disbursements Total Due - 140.00 0.00 140.00 0022 -180 Special Project- Economic Invoice No. 18548 dated 06129106 Prof 1 Services Disbursements Total Due 1,400.00 0.00 1,400.00 0021 -182 Dabby Properties v. CSM Invoice No. 18549 dated 06129106 Prof'l Services Disbursements Total Due 20,840.00 16.63 20,856..63 Total 39,213.10 Do not hesitate to call me if you have any questions regarding these statements. LRF:lczn Enclosures cc: Mayor and City Commission Ve ours:; uis R. Figuer Page 2 of 2 -. 1. 2 3 4 5 6 7 8 9 10 11 1.2 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 $39,213.10; CHARGING $39,213.10 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- 1.0187, 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 June 29, 2006, in the amount of $39,213.10; and, WHEREAS, as of July 7, 2006, the existing balance on city attorney account no. 001- 1500 - 5143410, legal services, non - retainer, is $5$,216.00. 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: StSt, ion 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $39,21.3.10 are approved for payment; charging $39,213.10 to account no. 0011500- 514 -3410, legal, non - retainer. Section 2.. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of July, 2006. ATTEST: CITY CLERK READ AND -AP OVED AS 7, TO FORM: Lp". 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 �i tg. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 21, FY 2005»06 Date: July 7, 2006 Finance Department Item No. Quantit Description and S ecifications Account Number Unit Price Total 1 9 Legal, Non- Retainer 001-1506-5i4-346'*'' $39,213.20 $39,213.1.0 TOTAL. $39,223.10 Purchase Order No. I Terms/Discount NAGIN G'rALLOP FIGUEREI3OPA. Attorneys Counselors 18001 Old Cutler Road, Suite 556 Miami; Florida 33157 Telephone: (305) 854 -5353 F_ acsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter ID: 0022 -068 Finance Director Telecommunications Contracts City of South Miami 6130 Sunset Drive Invoice Number 18541 City of South Miami, FL 33143 Hours Amount 6/1512006 EAB Prepared for and attended meeting with Ms. Rothstein, Mr. Reyes, 2.00 400.00 and Ms. McKinley regarding Atlantic Cable and options. Total-Professional Services 400.00 Rate Summary Eve A. Boutsis 2.00 hours at $200.00/hr 400.00 Total hours: 2.00 Payments 7/7/2006 Payment Check No, 53674 180.00 Sub -total Payments: 180.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if, payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -068 Statement No.:` 18541 Page: 2 For Professional Services 400.00 For Disbursements Incurred 0.00 Current Balance: 400.00 Previous Balance: 180.00 Payments - Thank you 180.00 Total pue 400.00 Invoice Number: 18541 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOPFIGUEREDOPA. Attorneys Fa Counselors 18001 Old Cutler Road, Suite 556 Miami; Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854-5351 June 29, 2006 Adriana Hussein Matter1D: 0022 -08$ Finance Director Planning Board City of South Miami 6130 Sunset Drive Invoice Number 18542 City of South Miami, FL 33143 Hours Amount 5/31/2006 LRF Reviewed church re- zoning ordinance 0.50 100.00 6 /2/2006 EAB Attention to SM Hospital ROW matter. 0.30 60.00 6/5/2006 LRF Research and Revised Mechanical Parking Ordinance. 6/5/2006 EAB Attention to and analyzed automated /mechanical parking systems 0.30 ordinance. 616/2006 EAB Telephone conference with Mr. Simon Ferro regarding possible variance and lot splitting item. 6/7/2006 LRF Analyze and reviewed e-mail from Mr. Don O'Donniley re: Mechanical Ordinance; revisions to Mechanical Ordinance and worked on other zoning related matters. 6/8/2006 LRF Continued to draft mechanical ordinance. 6/9/2006 LRF Revised mechanical parking ordinance. 6/9/2006 LRF Reviewed e-mail from Don O'Donniley re: MIA bus shelters. 6/912006 LRF Received and reviewed letter from Jill Berman; telephone conference with Jill Berman re: Valencia 6/16/2006 EAB Telephone conference with Mr. Simon Ferro regarding ROW matter. 6/20/2006 EAB Received assignment related to valet parking resolution; and began analyzing same so as to revise future code; attention to American Parking Systems Coral Gables, LLC indemnity agreement with city; provided direction to staff regarding same; telephone conference with Mr. Luis Kruger regarding same; an.a,revised indemnity agreement. 6/21/2006 EAB Meeting with vice -mayor Randy Wiscombe, Mr. Don O'Donniley, Mr, Ajlbola Balogun, and Mr. Wayne Brackin and his staff regarding; meeting with Mr. O'Donniley and Mr. Balogun regarding lot split issue. 4.00 800.00 0.40 80.00 0.30 60.00 2.50 500.00 2.00 400.00 0.50 100.00 0.25 50.00 1.00 200.00 0.30 60.00 1.00 200.00 2.50 500.00 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 n6t received within 30 days. Nagin Gallop Figueredo R.A. Matter ID: 0022 -083 Statement No.: 18542 Page: 2 6/22/2006 EAB Communications with Mr. Ferro regarding pending lot split and 030 60.00 ROW issue. 6123/2006 EAB Meeting with Mr. Ferro regarding lot split item. 0.60 6/27/2006 EAB Email communications with Mr. Ferro regarding possible PUD 0.40 application; email communications with Mr. Q'DonnlleY regarding same; and concluded communications with Mr. Ferro. Total Professional Services Rate Summary Luis R. Figueredo Eve A. Boutsis 10.75 hours at $200.001hr 6.10 hours at $200.00 /hr Total hours: 16.85 Payments 7/7/2006 Payment Check No. 53674 Sub - total Payments: For Professional Services For Disbursements incurred Current Balance: Previous Balance: Payments - Thank you 2,150.00 1,220.00 40.00 40.00 120.00 80.00 3,370.00 3,370.00 0.00 3,370.00 40.00 40.00 Total Due 3,370.00 Invoice Number: 18542 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. NAGI N GALLOP F' I GUEREDOR& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami; Florida 33157 Telephone: (305) 854.5353 Facsimile: (305) 854 -5351 .:June 29, 2006 Adriana Hussein Matter ID: 0022 -129 Finance Director Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Invoice Number 18543 City of South Miami, FL 33143 Hours Amount 5/31/2006 LRF Prepared letter to Mr. Clifford Schulman re: special exceptions 3.00 600.00 requested for Use Standard coverage and various teleconferences Rate Summary Luis R. Figueredo Eve A. soutsis 11.50 hours at $200.00/hr 0.60 hours at $200.001hr Total hours: 1210 Payments 717/2006 Payment Check No, 53674 Sub -total Payments: 2,300.00 120.00 222.00 222.00 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 1.50% per month will be charged if payment is not received within 30 days. with Mr. George McCardle 5/31/2006 EAB Attention to re- zoning application and provided comments to staff 0.60 120.00 regarding same; analyzed LDC regarding same; and witted letter to Mr. Cliff Shulman. 6/1/2006 LRF Revised Special Master ordinance and prepared memo on same. 2.00 400.00 6/13/2006 LRF Received and reviewd Complaint and exhibits. Telephone 3.50 700.00 conference with Mr. George Knox; telephone conference with Mr. McArdle. 6/16/2006 LRF Various telephone conversations with Ms. Maria Menendez re: 1.00 200.00 special hearing; reviewed publication and notice. Various telephone conferences with Mr. Knox. 6/2712006 LRF Meeting with Mr. Knox and Mr. Don O'Donniiey re: special master 2.00 400.00 hearing. Total Professional Services 2,420.00 Rate Summary Luis R. Figueredo Eve A. soutsis 11.50 hours at $200.00/hr 0.60 hours at $200.001hr Total hours: 1210 Payments 717/2006 Payment Check No, 53674 Sub -total Payments: 2,300.00 120.00 222.00 222.00 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 1.50% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -129 Statement No:: ` 18543 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 38543 To be properly credited, please indicate Invoice Number above on yur remittance check. Page: 2 2,420.00 0.00 2,420.00 222.00 222.00 2,420.00 NAGIN GALLUP FIGUER.EDUPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter ID: 0022 -137 Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Invoice Number 18544 City of South Miami, FL 33143 Hours Amount 6/2/2006 EAB Attention to Bowden objection to claim deadlines; and. email 0.40 80.00 Total Professional Services Rate Summary Eve A. Boutsis 3.10 hours at $200,00/hr-1 620.00 Total hours: 3.10 Payments 7/7/2006 Payment Check No. 53674 8,160.00 200.00 40.00 80.00 140.00 W-1111011 620.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days: communications with city commission regarding Bowden matter and recommendation on same. 6/512006 EAB Attention to Bowden matter; attention to extension of time to 1.00 respond to proof of claim; and prepared email to city comm'n regarding Lott recommendation on homestead issue. 6/9/2006 EAB Telephone conference with and email communications with Ms. 0.20 Sonia Lama regarding suhsafe structure. 6/12/2006 EAB Telephone conference with Mr. George Lott regarding title 0.40 searches and Bowden property; email communications with staff regarding same. 6/15/2006 EAB Attention to rooming house issue; attention to lien pay off matter; 0.70 drafted letter to attorney regarding code, enforcement lien pay off; and telephone conference with Mr. Sandy You kilis regarding South Miami Hospital, and Linear Park compliance with declarations of restrictions. 6/19/2006 EAB Attention to Cinque matter and upcoming special master agenda; 0.40 email communications with Ms. Lama and Ms. Lourdes Cabrera regarding subpoenas, attendance, and records. Total Professional Services Rate Summary Eve A. Boutsis 3.10 hours at $200,00/hr-1 620.00 Total hours: 3.10 Payments 7/7/2006 Payment Check No. 53674 8,160.00 200.00 40.00 80.00 140.00 W-1111011 620.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days: Nagin Gallop Figueredo P.A. Matter ID: 0022 -137 Statement No.: . 18544 Sub -total Payments: 8,160.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due invoice Number: 18544 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 620.00 0.00 620.00 8,160-00 8,160.00 s► � of 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 recelved.within 30 days. NAGIN GA LL4P FIGUERED4� Attorneys Counselors 18001 Old Cutler Road, Suite 856 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matt'6r ID: 0022 -171 Finance Director Forfeiture of Currency City of South Miami 6130 Sunset Drive Invoice Number 18545 City of South Miami, Fl. 33143 Hours Amount 6/5/2006 HJM Re: Townsend forfeiture: traveled to and attended hearing on 1.00 200.00 motion for summary judgment. 6/8/2006 HJM Re: Townsend - traveled to courthouse and attended calendar call. 1.80 360.00 Total Professional Services 560.00 Rate Summary H. James Montalvo 2.80 hours at $200.00/hr Total hours: 2.80 Expenses Parking Charge Mileage 6/29/2006 Postage Charge for the month of June 2006. Payments 7/7/2006 Payment Check No, 53674 Sub -total Expenses: Sub -total Payments .! 11 23.00 11.72 2.13 36.85 3,191.07 3,191.07 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 9 payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -171 Statement No.: 86-45 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18545 To be properly credited, please indicate Invoice Number aboye-ori your remittance check. Page: 2 560.00 36.85 596.85 3,191.07 3,191.07 596.85 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 FIGUEREDO2A. Attorneys Fa Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Adriana Hussein Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami,-'Florida 33157 Facsimile: (305) 854 -5351 June 29, 2006 Matter ID: 0022 -178 J. Cleveland EEOC Matter Invoice Number 18546 Hours Amount 5/30/2006 HJM Telephone conference with Ms. Melanese Jones of.EEOC 9.80 1,960.00 regarding extension of time; prepared confirming letter to same; continued reviewing voluminous set of documents to prepare resposne to J. Cleveland's EEOC charge of race documentation and retaliation. 6/2/2006 HJM Continued reviewing lengthy file in preparation of response to 4.80 960.00 EEOC charges. 6/5/2006 HJM Continued preparing response to EEOC charges. 4.80 960.00 6/6/2006 HJM Drafted response to EEOC letter. 2.80 560.00 6/8/2006 HJM Received and reviewe e-mail correspondence from Jeanette 3.90 780.00 Navarro regarding number of employees at City and organizational chart at City; completed response to, E�OC; organized documents in support of response. 6/9/2006 HJM Revised and edited response to Cleveland's EEOC.charges of 5.80 1,160.00 discrimination and relaliation; continued reviewing voluminous file; conducting e-mail correspondence with Ms. Jeanette Navarro regarding request for further documentation. 6/12/2006 HJM Continued revising and editing response to EEOC charges; 5.60 1,120.00 conducted a -mall correspondence exchanges with Ms. Navarro concerning other city employees who have been dismissed and or disciplined by the City; received and revleWod documentation regarding same; prepared response for final filing; telephone conference with EEOC investigator, Ms. Woya Allen regarding response, exhibits and investigatory process; conducted multiple telephone conferences with Ms. Allean regarding requiring supporting caselaw. 6/13/2006 HJM Received and reviewed complaint. and voluminous. , exhibits; 4.20 840.00 conducted telephone conference with Mr:'Luis Figueredo regarding case and litigation strategy. 6/22/2006 HJM Telephone conference with Mayor Mills regarding amendment to 3.30 660.00 response to EEOC charge; telephone conference with Lt. Daniel Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you ha e— e*rding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagiln Gallop Pigueredo F.A. Matter 10: 0022 -178 Statement No.: 1854£ Salerno regarding additional reason for termination; received and reviewed memorandum from Lt. Salerno regarding same; prepared amendment to response; telephone conference with Ms, Allen of EEOC regarding amendment. Rate Summary H. James Montalvo Expenses 6/13/2006 6/29/2006 Payments 7/7/2006 Total Professional Services 45.00 hours at $200.00/hr 9,000.00 Total hours: 45.00 Photocopies Telefacsimile charge Federal Express Postage Charge for the month June 2006. Payment Check No. 53674 Sub -total Expenses: Sub -total Payments: 341.00 5.00 47.27 16.35 409.62 4,260.00 4,260.00 Page: 2 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged H payment is not received within 30 days. ::. .. :. ... : . ........:..: ............:....... ..... _ ........... ............ .... ....... ............... .... .... ..... .... ..... ..... ......., ryry .. ..... ............................... I .... .... .............. ............... .. .. ... .. ,.... ._ i ., �, ,_. �... .. .... ., e m.. _.... ... ..._ -.. ,.v _ C'3'�vq gr's&t'P.M1�_. . ''x$V'•!�`�M'r'ri -� Nagin Gallop Pigueredo P.A. Matter ID: 0022 -178 Statement No.: 18546 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18546 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 3 9,000.00 409.02 9,409,62 4,260.00 4,260.00 9,409.62 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5O% per month will be charged if payment is not *shed within 30 days. NAGIN GALLOP FIGUEREDO PA. Attorneys i°a Counselors' 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter ID: 0022 -179 Finance Director Chester v. City of South Miami City of South Miami 6130 Sunset Drive Invoice Number 18547 City of South Miami, FL 33143 Hours Amount 6/5/2006 EAB Analyzed chapter 16, of CSM code relating to pensions; analyzed 0.70 140.00 complaint; and email communications with Mr. Harrison regarding extension and status of research. Hate Summary Eve A. Boutsis Total P- rofessional Services 140.00 0.70 hours at $200.00/hr Total hours: 0.70 Payments 7/7/2006 Payment Check No. 53674 Sub -total Payments: 140.00 401.36 :ItTI&M 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 it' payment is not received within 3Q ,days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -179 Statement No.: ;18547 Page: 2 For Professional Services 140.00 For Disbursements Incurred 0.00 Current Balance: 140.00 Previous Balance: 401.35 Payments - Thank you 401.36 Total Due 140.00 Invoice Number: 18547 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50/6 per month will be charged if payment Is not received Within 30 days. NAGIN GALLOP FIGUEREDO 'PA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miam't,Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 054-5351 June 29, 2006 Adriana Hussein Matter IQ: 0022-180 Finance Director Special Project-Economic City of South Miami 6130 Sunset Drive invoice Number 18548 City of South Miami, FL 33143 6/2/2006 EAB Legal research on tax breaks, business rent subsidies, CDBG, parking and other economic incentive programs tor, mom and pop businesses. 6/5/2006 EAB Continued legal research on tax abatement incentives. 6/712006 EAB Continued research. Rate Summary Eve A. Boutsis Total hours: For Professional Services For Disbursements Incurred Current Balance; Previous Balance: Payments - Thank you Hours Amount 3.00 600.00 2.00 400.00 2.00 400.00 Total Professional Services 7,00 hours at $200.00/hr 1,400.00 7.00 Total Due 1,400.00 1,400-00 0.00 0100 1,400.00 Invoice Number: 18548 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 1D days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payrtiGrit IS not received within 30-dOys. . . . . ........... I ........ . .......... . ......................... .. . I...'.'...,....,.-..--.-.--.--.,..-."...."I ....... . .... _-.11.1.1'... .. ..... ...... ..... .............. . . .. ....... .......... ....... . ......... . . NAGIN GALLOP FIGUEItEDOP.A. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 EAB June 29, 2006 Adriana Hussein Matter ID: 0022 -182 Finance Director Dabby Properties v CSM and City of South Miami 6/16/2006 6130 Sunset Drive Invoice Number 18549 City of South Miami, FL 33143 6121/2006 Hours Amount 6/14/2006 HJM Conducted legal research on issues of illegal contract zoning and 3.80 760.00 administrative remedies and on issue of illegal. contract zoning. illegal give -away of taxing power. 6/15/2006 HJM Conducted lengthy litigation- strategy conference with Mr. Luis 5.80 1,160.00 6119/2006 Figueredo and Ms. Fve BOW$* conducted legal research on Continued reviewing voluminous MRP and Dabby Properties file. issues in the case including the cl.Alms for illegal contract zoning 6/19/2006 and illegal give -away of taxing powers; review6d:exhibits; Attention to closed files, resolutions on special exceptions, conducted additional legal rbseareh on requirements of requesting HJM Received and reviewed voluminous file on SPG Phase One 9.80 attorneys less under Fla. Staff. 57.105. 6/15/2006 EAB Analyzed MRP litigation (Dabby complaint) and attended strategy 2.00 400.00 legal research for preparation of motion to dismiss on -issues of session. breach of easement agreement, contract zoning, and tax power 6/16/2006 HJM Conducted litigation strategy with Luis Figueredo; reviewed file in 5.90 1,180.00 6121/2006 HJM Continued legal research on issues of futility and exhaustion of 6.80 MRP matter; continued conducting legal research`on.claims in 'the administrative remedies and on issue of illegal. contract zoning. complaint. EAB Meeting with Ms. Payne and Ms. Menendez; email communications 1.40 6119/2006 HJM Continued reviewing voluminous MRP and Dabby Properties file. 3.50 700.00 6/19/2006 EAB Attention to closed files, resolutions on special exceptions, 0.40 80.00 HJM Received and reviewed voluminous file on SPG Phase One 9.80 1,960.00 correspondence files, and direction to city staff regarding same. Parking Garage issue; continued. conducting legal research on 6/20/2006 HJM Continued reviewing voluminous MRP file; confinued':conducting 6.90 1,380.00 legal research for preparation of motion to dismiss on -issues of breach of easement agreement, contract zoning, and tax power give -away issues. 6121/2006 HJM Continued legal research on issues of futility and exhaustion of 6.80 1,360.00 administrative remedies and on issue of illegal. contract zoning. 6/21/2006 EAB Meeting with Ms. Payne and Ms. Menendez; email communications 1.40 280.00 with Mr. O`Donniley and Mr. Youkilis regarding' discovery; and analyse MRP files. 6/22/2006 HJM Received and reviewed voluminous file on SPG Phase One 9.80 1,960.00 Parking Garage issue; continued. conducting legal research on issues of injunctive relief; received ana reviewed cotrimission minutes for September 5, 2000, December'17, 2002'special meeting minutes, and December 17, 2002 spec'ia! rrieeting Payment is due upon receipt. Please notity us within IQ 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. 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: 0022.182 Statement No.: 18549 Page: 2 minutes, and December 17, 2002 general meeting minutes; continued conducting legal research on tax issue; received and reviewed special exception appliction from Don O'Donniley., 6/22/2006 EAB Telephone conference with Mr. Youkilis regarding SPG and MRP 0.60 120.00 files; and attention to hearing officer public notice andinquries by city clerk. 6/23/2006 HJM Continued reviewing voluminous SPG Phase One, ltd; continued 9.50 1,900.00 reviewing lengthy correspondence file concerning QWs parking garage;. continued conducting Iegal research to prepare response on all claims including issues of exhaustion futility,.cohtract zoning and tax authority. 6/23(2006 EAB Email communications and telephone conferences With with Mr. 1.00 200.00 Don O'Donniley, Ms. Yvonne'McKinley, Me. Maria Menendez, Mr. George Knox, Mr. Sandy Youkilis, MRP represenfative; etc. regarding upcoming hearing. 6126/2006 HJM Continued legal research onn issue of whether City's tax 6.80 1,360.00 abatement constitutes a legal exemption under thei -Felorida statutes serving a "public purpose." 6/27/2006 HJM Finalized iegla research on issue of "tax- power - give - away" in 11.80 2,360.00 plaintiff's complaint; commenced preparing motion to dismiss and section 57.105 letter to plaintiff's counsel; received and reviewed recordings of 5130/06 planning board hearing. 6128/2006 HJM Continued preparing motion to dismiss or in alternative. motion for 10.80 2,160.00 more definite staterhent;l reviewed file for documents to�ttach to motion; sheppardiied cases. 6/29/2006 HJM Continued preparing motion to dismiss on issues of illegal contract 10.60 2,12.0.00 zoning, illegal giving away of tax power and violation of easement agreements' issues. 6/29/2006 HJM Continued preparing and finalizing motion to dismiss plaint'iff's 6.80 1,360.00 complaint; conducted final research; sheppardized cafes. Total Professional Services 20,840.00 Rate Surnmary H. James Montalvo 98.80 hours at $200.00/hr' 19,760.00 Eve A. Boutsis 5.40 hours at $200.00/hr 1,080.00 Total hours; 104.20 Expenses Photocopies 16.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30' days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -182 Statement No.: 18549 Page: 3 6/29/2006 Postage Charge for the month of June 2006. 0.63 Sub -total Expenses: 16.63 For Professional Services 20,840.00 For Disbursements Incurred 16.63 Current Balance: 20,856,63 Previous Balance: 0.00 Payments - Thank you 0.00 1rotal Due 20,856.63 Invoice Number: 18549 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 vuill be charged if payment is not received within 30 days. South Miami I F " ••- , CITY OF SOUTH MIAMI I INCORPORATED ' 'g27 P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2Q01 To: The Honorable Mayor Feliu and Members of the City Commission From: Yvonne S. McKinley, City Manager Date: September 19, 2006 Agenda Item: Subject: Financial Audit Services- Contract Renewal for Additional Year Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. Reason/Need: The attached resolution is requesting your authorization to renew the financial audit services contract agreement between the City and the Certified Public Accountant firm of Caballero & Castellanos, P.A. for an additional year. Background: Pursuant to Resolution #176 -04 -11955 authorization was given to the City Manager to enter into an agreement with Caballero & Castellanos, P.A., which currently provides independent auditing services, with the option to renew for one more year, if so desired by the City. Approval of this firm to conduct the audit for fiscal year ending! September 30, 2006 will bring us in compliance with Article 4, section 4(e) of the City Charter. Cost: $38,000 Funding Source: Fiscal Year 2006 -07 budget Backup Documentation: Copies of the following documents: Resolution # 176 04 1195 Engagement letter dated 11/3/04 City Charter Article 4, section 4(e) Proposed fee 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 EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. WHEREAS, Article IV, Section 4(e) of the City Charter of South Miami requires the City Commission to designate a qualified independent Certified Public Accountant to review, examine and report on all fiscal matters; and WHEREAS, pursuant to Resolution #176 -04 -11955 authorization was given to the City Manager to enter into an agreement with Caballero & Castellanos, P.A. which currently provides independent auditing services; and WHEREAS, for the audit of fiscal year ending September 30;-2006, the City Manager received an engagement letter from Caballero & Castellanos, P.A., in which the City reserves the right to extend the agreement for an additional fiscal year subject to mutual agreement by the Auditor and the City Commission. 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 extend the agreement with Caballero & Castellanos, P.A., to provide audit services for fiscal year ending September 30, 2006. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this _ day of , 2006. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY "NSTO COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: RESOLUTION NO. 17 6— 0 4 —119 5 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL AUDIT SERVICES, AUTHORIZING THE CITY MANAGER TO HIRE A NEW FINANCIAL .AUDITOR AND EXECUTE A TWO -YEAR AUDIT CONTRACT WITH THE AUDIT FIRM OF CABALLERO & CASTELLANOS, P.A., WITH THE OPTION TO RENEW FOR ONE YEAR, IF SO DESIRED BY THE CITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, article 4, section 4(e) of the City Charter prohibits the use of the same Financial Auditor for more than three consecutive years; and WHEREAS, the City hired the accounting firm of Grau and Company last year for a two -year period to audit its books; and WHEREAS, the City has been informed by the representative of Grau and Company that because of their unexpected present situation of severe staff shortage, they will not be able to continue performing audit services for the City; and WHEREAS, the City Administration solicited bids for financial audit .services and received responses from five different firms with license to operate within the State of Florida; and WHEREAS, the bids were reviewed by a committee of three professional employees from other Miami -Dade cities, who provided recommendations for the City to hire the firm of Caballero and Castellanos; P.L. 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 engage the firm of Caballero and Castellanos, P.L. to provide financial auditing services for the City. Section 2. The City Manager is authorized to sign the service contract for two years with the option to renew for an additional year, if so, desired by the City. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this % day of 2004. ATTEST: QYI-) CLERK AS TO FORM: APPROVED: MA OR Commission Vote: Mayor Russell: out Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts -Coop( Commissioner Sherar: 4 -0 of room Yea Yea :r: Yea Yea U RESOLUTION NO. 17 6— 0 4 —119 5 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL AUDIT SERVICES, AUTHORIZING THE CITY MANAGER TO HIRE A NEW FINANCIAL .AUDITOR AND EXECUTE A TWO -YEAR AUDIT CONTRACT WITH THE AUDIT FIRM OF CABALLERO & CASTELLANOS, P.A., WITH THE OPTION TO RENEW FOR ONE YEAR, IF SO DESIRED BY THE CITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, article 4, section 4(e) of the City Charter prohibits the use of the same Financial Auditor for more than three consecutive years; and WHEREAS, the City hired the accounting firm of Grau and Company last year for a two -year period to audit its books; and WHEREAS, the City has been informed by the representative of Grau and Company that because of their unexpected present situation of severe staff shortage, they will not be able to continue performing audit services for the City; and WHEREAS, the City Administration solicited bids for financial audit .services and received responses from five different firms with license to operate within the State of Florida; and WHEREAS, the bids were reviewed by a committee of three professional employees from other Miami -Dade cities, who provided recommendations for the City to hire the firm of Caballero and Castellanos; P.L. 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 engage the firm of Caballero and Castellanos, P.L. to provide financial auditing services for the City. Section 2. The City Manager is authorized to sign the service contract for two years with the option to renew for an additional year, if so, desired by the City. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this % day of 2004. ATTEST: QYI-) CLERK AS TO FORM: APPROVED: MA OR Commission Vote: Mayor Russell: out Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts -Coop( Commissioner Sherar: 4 -0 of room Yea Yea :r: Yea Yea CABALLERO & CA STELLANO S P L G 2655 l Gables, Suite 500 � Coral Gables, FL 33134 CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS Tel (305) 779.3043 Fax (305) 380.7596 November 3, 2004 Ms. Maria Davis, City Manager City of South Miami, Florida 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Davis: We are pleased to confirm our understanding of the services we are to provide the City of South Miami, Florida, (the "City ") for the years ended September 30, 2004 and 2005. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements, of the City of South Miami, Florida (except for the South Miami Redevelopment Agency, which will be audited by another C.P.A firm) as of and for the years ended September 30, 2004 and 2005. Also, the document we will submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements: • Management's Discussion and Analysis • Supplemental Combining and individual fund statements and schedules • Schedule of Expenditures of Federal Awards The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our report will disclaim an opinion. • GASB required supplementary pension information (Schedule of Funding Progress and Schedule of Employer Contributions) • Information required for the Comprehensive Annual Financial Report ( "CAFR ") including financial schedules and statistical data. Audit Obiectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. 4 The CPA_ Never Underestimate The Value® Ms. Maria Davis, City Manag-_. City of South Miami Page 2 of 6 Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A -133, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A -133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Ms. Maria Davis, City Manayc:r City of South Miami Page 3 of 6 You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Additionally, as required by OMB Circular A -133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review on December 6, 2004. If as part of our audit, we prepare a draft of your financial statements and related notes, in accordance with professional standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further you are required to designate a qualified management level individual to be responsible and accountable for overseeing our services. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. As required by the Single Audit Act Amendments of 1996 and OMB Circular A- 133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Ms. Maria Davis, City Managcr City of South Miami Page 4 of 6 Audit Procedures — Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A -133, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards and OMB Circular A -133. Audit Procedures — Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued. pursuant to OMB Circular A -133. a�. r Ms. Maria Davis, City Manager City of South Miami Page 5 of 6 Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies, an original and print -ready master of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass- through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Caballero & Castellanos, P.L. and constitutes confidential information. However, pursuant to authority given. by law or regulation, we may be requested to make certain audit documentation available to governmental agencies or their designee, a federal agency providing direct or indirect funding, or the U.S. General Accounting Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Caballero & Castellanos, P.L. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of three years after the date the auditors' report is issued or for any additional period requested by your Oversight Agency. If we are aware that a federal awarding agency, pass- through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on December 6, 2004 and to issue our reports no later than March 31, 2005, except for delays which are not of our controls. Our fees for these services will be at our standard hourly rates plus out -of- pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $31,000 and $33,000 for fiscal years ending September 30, 2004 and 2005, respectively. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. However, Caballero & Castellanos, P.L. was established on March 2004 and our first external peer review is not required until September 2005. Ms. Maria Davis, City Manay,.r City of South Miami Page 6 of 6 We appreciate the opportunity to be of service to the City of South Miami, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Caballero & Castellanos, P.L. Nestor Caballero, CPA Partner RESPONSE: This letter correct) forth,the understanding of City of South Miami, Florida By: Maria DaQ,City Manager Date: 0 V/v ARTICLE IV (Cont'd) SECTION 4. Administration A. .,Control The City Manager shall have charge of the administration of the financial affairs of the City in accordance with Article III, Section 5. B. Custody of Public Funds The City Manager shall have custody of all public funds belonging to or under control of the City or any office or department thereof, and deposit all fund coming into his or her hands in such depositories as may be designated by Resolution of the Commission. C. Approval of Expenditures The City Manager shall approve all proposed expenditures, but, unless he or she shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. D. Multi- annual Contracts No contract involving the payment of money out of the appropriations of more than one year shall be made for a period-of more than five years, nor shall any such contract ` be valid unless 'made or approved by er-d nano . resolution adopted by the Commission. The Commission shall provide budget and appropriate funds in each succeeding budget for contracts extending more than one year. This section shall not restrict the term of General Obligation or Revenue Bonds. (Amended 2/14/06) E. Audit The Commission shall designate a qualified Certified Public Accountant who, at the end of the fiscal year and at such other times as ordered by the Commission, shall make an independent examination in accordance with generally accepted auditing standards and review of accounts and other financial transactions by the City and shall submit such report, together with recommendations for improving fiscal control, to the Commission and to the City Manager. The accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. - The accountant shall not maintain any accounts or records of the City business, but within specifications approved by the Commission, shall post - audit the annual financial statements of the City and all accounts kept by any office or department of' the City. The Certified Public Accountant shall not serve as the city's independent auditor for more than three consecutive years. (Amended 2/8/00) 20 SOUTH MIAMI CITY CHARTER AMENDED 2114/06 Page 1 of 1 Hussein, Adriana From: Nestor Caballero [nestor @acc- cpa.com] Sent: Tuesday, June 13, 2006 4:05 PM To: 'Hussein, Adriana' Subject: Proposed audit fee Adriana, I discussed the fee with my partner and we propose the following fee for the 2006 audit: City 38,000 ✓ CRA 7,000 Total 45,000 This includes the federal single audit and the audit of the pension plans. Thanks. Nestor Caballero, CPA Alberni Caballero & Castellanos, L.L.P. 4649 Ponce de Leon Blvd., Suite 404 Coral Gables, FL 33146 (305) 662 -7272 (305) 675 -8376 Fax www.acc - cpa.com Please Note - -This e-mail contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. 6/13/2006 South Miami AIFAn�icalpy CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM. - 2001 To: The Honorable Mayor Feliu and Members of the' City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: September 19, 2006 Agenda Item No.: Subject: Approving landscaping work order along Church Street. 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 PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66TH STREET TO SW 68TH STREET IN AN AMOUNT OF $22,550 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 Landscaping Islands along Church Street from SW 66th Street to SW 68th Street. Reason/Need: Miami Dade County Office of Community & Economic Development (OCED) funded improvements to Church Street as part of FY 2006 Community Development Block Grant. To fulfill our commitment to OCED, we have secured a proposal from Superior Landscaping & Lawn Services, Inc. for the landscaping portion of the project. We intend to "piggyback" on the County's Contract No. 5066 -1/06 with Superior Landscaping & Lawn Services, Inc. The project will be funded from Public Works Department's account no. 001 - 1730 - 541 -3450, with an account balance of $24,339. Cost: $22,550.00 Funding Source: Account No. 001 - 1730- 541 -3450 with a current balance of $24,339 Backup Documentation: 0 Proposed Resolution 0 Contractor's Proposal for the project ❑ Copy of County "piggy- back" Contract Number 5066 -1/66. 2 3 4 6 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 n� 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 PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66TH STREET TO SW 68TH STREET IN AN AMOUNT OF $22,550 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 proposed landscaping islands along Church Street from SW 66th Street to SW 68th Street; and WHEREAS, the City wishes to secure the landscaping services of Superior Landscaping & Lawn Services, Inc. in an amount of $22,550; and WHEREAS, the landscaping service will be funded through Public Works Department's account number 001- 1730 - 541 -3450 with an account balance of $24,339 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 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 $22,550 for the proposed landscaping islands along Church Street from SW 66th Street to SW 68th Street. Section 2: The landscaping service will be funded through Public Works Department's account number 001 - 1730 -541 -3450 with an account balance of $24,339 before this request. 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: I(o to 0 O �0) IO rnU co ca ao Q m U N C J N Q cC � a0 wp Q d E N L L L ° 0 LO LO � M � I N O N N O N H O 0 O O O M o ui r� cri psi � ° ° V N N M M IL = w w w m ca w w � °O N N O w N r- r r N a w 0 � Q N O 0 O V z z V ` E d > `- O m N a C E O L V NN d ai ate+ 7 o O O d W CO) CD LL Q M Y '� O (D o co m a mAu-- 5 c* U c - X X i n O N C C •" C Im U w O -c; a O z N M 't 0 O E 2 Aug, 22. 2006 3:49PM No. 3699 P. 2 07/14/2008.15:38.FAX 305 372 6128 DIV:BIDS /G0NT & ADN.DIV. (2j002/003 1 Procurement Management 111 NW IASbeet a Suite 1300 is m Miami, Florida 33128 -1974 T 305-37S-5289 F 303 -37S -4407 305 -372 -6128 Wamidade gav AoACoordln�rlar Ay.r,6 Caadlrotlon AnkW SeM= r AX In h6h MAW Au&tatdM,naghohrnSwAMS /0"M July 14; zoo6 ard� • . • nwm;,%eachcoe+PIMM emihes 0W4*pM* Gpiw I°'a-- Orlando Opera Guard tid9=u6dTWepPW"Tm1 Sap ltfla � ' p LBWS ge[VICC� Corp. p. Comejcn on Ethim and Pk"c That PO BOX 35-0095 c Miami, FL 33135 0--My Acft Ap—cy [hmmunib d Ecamo. Devaleplaw 1 . CennrudtyilslaGeh, RE: OPTION TORMOW CONTRACT NUM M- 5066-1/06 ej1 vw and palms) fltt„�niatR Dear Vendor. El,pla,� j s r ty daring jvho:fl><er to eorarciee the oipstoea to resew for the above melnba�nos5 The County is consi ��s,aoQa ca ubscL All releneat cat )aad printing factors, as well as current marlud eonditloim will be Tnat considered in malaag Ibis depiden. Tile Depsrbnaot ofProcuretnant Man W meat Was to obtain b M the most a mpetitive pricing possible fig our raring depai tments. R` aWkywwA a=Ceo= if the contract includes it C� PPI or any applicable manafa sum's price adjustmmt; we ask Mg your firm waives as suO upward arlustmeoQ� If yon most request all or any of the indexed Y Kra �co. r . prise changes, complete the mtb antioa below. rf wo do not rocelve your response, we wM t WOW oonsEdcr this n oostirmatiar that your fun Is wan►mg file a�tts4ntent; The County;ese�ros the ' right to fort$of negotiate any ups piricing requask and Lermmatie and re -sollc r any contract for which a regaeated upward adjustment is judged unwerraated. H=Wnjflean[h10u"t The rmawal is else contingent upon cemplisnee with certificate(e) Of in8ttLeIIt e, parformaace Homsmim bond, affmativa action pliau, or other contract specific• requirements as applicable Should completion of such supplemental conoectoal compliance actions by your firm be required. these Inh..mavrgTnde c=ad= actions will be requested &* review of your response to this "Option to Renew" low. Ifyou have my questions relating to this g contract; please contact me at 305-375-1718. fim FI° �u.o; � t� M,t+ep WA,pbel.dOvaim" Sincerely,' e M amt Iteoescm PLv,dt6andZon6a IblQe pa�.,�,� ; � ttY�ow rem. N�sra -1 ftFMA 'p° °' Mann= Hawes), CPPB r wr�rt�kwaft ProomatneatTechnician ; DPAM& and Contracts Division Solid w,w mawphar' 51of Biala,a M,nW -4 •aim WAN S Thrall 'acts Ford on uk= FDOrIhTea 4wharmdaa v+�r+aMae+auurdeurd,nt iI l�i�"�F%` �•r j11p1f,1- � � '"►f • WiaA5"W �yi. .�i f 1 Aug-22- 2006 3:49PM A/2006 15:38 M 305 372 6128. DIV:BIDS/CONT & ADN.DIV. 19AMMADIZ COUNTY No. 3699 P. 4 0003/003 5066-V" i ST CSCqAMD0NMDjCAT0R I.VMWORRIQUE I?bRpmcz]N M Nmmbw. loo Vmdor No, our firm dm not mques4 an r Yes, 0VT firm MT*st� Z4 intbe 0011tradIs to the cmat P600 fit 6 Acm 11w9b COOkUt OS ASW terms md oou&i0n& vredD. La/ tvV4 I uw- - qe 41- � rd /I)/- - Ditto Aug, 22. 2006 3: 51 PM No. 3699 P. 12 UCEIVED AUG 0 3 Zuud MIAht"M CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION BID NO.: 7362 - 4/08 -3 Previous Bid No.: 7362 - 4/08 -2 BLANKET BPO #ABCW0601107 TITLE: LANDSCAPING AND LAWN MAINTENANCE SERVICES FOR MUM DADE 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 S% PROCUREMENT CONTRACTING AGENT: JOSE A SANCHEZ PHONE: 305 -37S -1265 ❑ SBE Set Aside ❑ Bid Preference: ❑ SBE ❑ Micro SBE ❑ SBE Goal ❑ CSBE Level ❑ Local Preference ❑ Prevailing Wages (Reno. 90 -143) ❑ Living Wage PART VENDORS AWARDED F.E.I.N.: VENDOR: STREET: CITY /STATE /ZIP: F.O.B. TERMS: PAYMENT TERMS: DELIVERY: TOLL FREE PHONE # PHONE: FAX: E -MAII.: 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 305/23MS78 tebersole0wativetree. com Tim Ebersole Aug. 22. 2006 3: 51 PM 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: DELIVERY: TOLL FREE PHONE # PHONE: FAX: E -MAIL: CONTACT PERSON: 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: No. 3699 P. 13 650549881 -01 Sanchez Arango Construction Company P.O. Box'770010 Miami, Florida 33177 Destination Net 30 As required N/A 305/228300 305/2384689 rouaet 4sanchezaran o.com Rouget Sanchez 650838100 -01 Superior Landscaping & Lawn Maintenance Service, Inc. P.O. Box 35 -0095 Miami, Florida 33135 Destination Net 30 As required N/A 305/634-0717 305/634-0744 superlandscane _ bellsouth.net Julio Valdes PART #2: ITEMS AWARDED METRORAIL ZONE E: VENDOR: A NATWE TREE SERVICES INC. E -1 Section Line 1 from Douglass Road Station to University Station 5695.57 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 S949 SW 72nd Street E -5 Section Lino 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 DMSION 2 $505.86 per Cycle $379.40 per Cycle $379.40 per Cycle $758.80 per Cycle $316.17 per Cycle AWARD REST-doe RCAW 09!19M Aug.22. 2006 3:51PM Bid No. 73624/08 -3 Award Sheet Page 3 of 5 No. 3699 P. 14 E -7 Section Line 4 from Dadeland N Station to Dadeland S Station $505.86 per Cycle E -8 Dadeland South Station at 9150 Dadeland Boulevard $189.70 per Cycle E -9 Emergency Litter Pick -up as per paragraph 3.8 $41.52 per Hour E -10 Parking Lot west- offDouglass Road Metrorail Station and 420' $320.67 per cycle west -off SW 38`h Avenue on the South Side. Twelve (12) additional Litter Cycle $971.63 per Cycle METRORAIL ZONE D: VENDOR: SANCHEZ ARANGO CONSTRUCTION COMPANY D -1 Section Line l from SW 8th Street - South Side to Vizcaya Station. $1,287.85 per Cycle Includes Gap Tie 10 (G -10) at SW 1't Avenue & South of SW 15'h Road & Gap Tie N -872 (G4) at SW 24`h Road D -2 Vizcaya Station at 3241 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 27th 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 370' 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 A -1 Palmetto Station at NW 74 Street West ofPalmetto Expressway $337.24 per Cycle A -2 Section Line 1 from Palmetto Station to Okeechobee Station $337.24 per Cycle A -3 Okeechobee Station at 2005 West Okeechobee Road $337.24 per Cycle A -4 Section Line 2 from Okeechobee Station to Hialeah Station $263.47 per Cycle DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 A WARD BEEBT.&C Reisd 09V19/00 Aug. 22. 2006 3: 51 PM Bid No. 73624/08 -3 Award Sheet Page 4 of 5 A -5 Hialeah Station at 113`h East 21" 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 AlIapattah Station at 3150 NW 12th Avenue $268.74 per Cycle C -2 Section Line 1 from Allapattah Station to Santa Clara Station C -3 Santa Clara Station at 2050 NW 12`h Avenue. Includes Santa Clara ('TPSS) Traction Power Sub- Station at NW 20" Street C -4 Section Line 2 from Santa Clara Station to Civic Center Station C -5 Civic Center Station at 1501 NW 12`h Avenue C -6 Section Line 3 from Civic Center Station to Culmer Station C -7 Culmer Station at 710 NW 11 h Street rncludes vacant lot behind wall at north of Building Station C -8 Section Line 4 from Culmer Station to Overtown Station C -9 Overtown Station at 550 NW I' Avenue $358.33 per Cycle $268.74 per Cycle $268.74 per Cycle $268.74 per Cycle $268.74 per Cycle $268.74 per Cycle $581.75 per Cycle $268.74 per Cycle C -10 Section Line 5 from Overtown Station to Brickell Station. Does not $268.74 per Cycle include Government Center Station C -11 Metrorail & Metromover Brickell Stations at 1002 SW I' Avenue C -12 Emergency Litter Pick -up as per paragraph 3.8 Twelve (12) additional Litter Cycle DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DMSION 4 $268.74 per Cycle $63.24 per Hour $493.53 per Cycle A WARD SWU &c Rs•uad 99/19/00 Aug. 22. 2006 3:51PM 131d No. 73624108-3 Award -Sbeet Page 5 of 5 -PART 03: AWARD INFORMATIONj DPM AWARD DATE: 9/15/03 SIDS & CONTRACTS RELEASE DATE: 7/25/06 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS: INSURANCE TYPE I TOTAL.Co'NTRACT VALUE: S554,200-00 USER DEPARTMENT-0 Public Works DOLLAR ALLOCATED $-854,200.00 No. 3699 P. 16 AGENDA ITEM #: WA OTR YEAR: Three (3) of Four (4) DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION A WARD SHEU.d= Pavludot/19= Aug.22. 2006 3:49PM MI�� AI A Coord nallon 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 miamidadegov Agend, Coordiaaflon Animal Services 07/14/2006 An In Public Places Auld and Management Servieea lfr. Orlando Otero SUPERIOR LANDSCAPING & LAWN SERVICE, INC. (650838100) P.O. Box 35 -0095 Build'ing Code Compliance Mme, Florida 33135 Bu0ness Deselopmem Capital Imp,ovememc RE: OPTION TO RENEW Gliza& IndepeedentTrancponallOATrust BID NO.: 73624/08 -2 Commimlon on Ethics and PWIc rnet Landscaping & Lawn Maintenance Service Communlcalions Community Action Agency Dear lVlr. Otero: Community & Economic N- mlopment CommuniyRelations You are hereby notified that the County intends t0 exercise our option to renew for the above coA+umd services referenced contract: Corrections k Altabilitadon Cultural Affair; The renewal is also contingent upon compliance with the contract documents, wherein you are Ele&'—s required to submit new documentation for the option year. Those items have been marked below. Emergency Management ["loyee Rehams ® CERTIFICAZE OF INSURANCE - Shell be submitted to this oigce EmpowermeatTrret no later than thirty (30) calendar days prior to comet of the En* ,*= Service new contract tmm Environmental Rs sources Management Fair Employment Pracegm ❑ PERFORMANCE BOND To be submitted to this office no later than finance thlrtY (30 ) calendar da Ys prior to commencement of the new contract Fire Rmue te= in the amount of S A copy of the performance Bond form General ANA= Adminls Wim is enclosed for your use. 61301 ` Plese"'atioa NO OTHER FORMS WML BE ACCEPTED. MamdessTrust In accordance with Miami -Dade comfy Ordinance 9830, all companies wM gross revenues Housing FwAnceAuthoriry oVer SS million, must have. an Atrirtnative Action Plan (AAP) and Procurement Policy on Me with the Department of Business Develo�pmenL Please contact the Deparhnent of Business �: r... -. ._...... -: ;..ay�q J�>A'.� ■aii� p _ .�- .�sa..!�!._!!e S S�c�Sf= .!�>etn _In w_npply fna_v rmnlF C« irrle".alismal Trade Conso,rium the company not being recommended for award. ►rrvenik services ' Medical Examiner Subsequent to the review and acceptance of the above marked item(,), this office shall issue a new Main) -Wam7 Action Plan purebwe order(s). Meuopolaan Planning Organization "and Recrearron The new contract number shall be 7362 - 4/08 -3, and the term shall be from December 01, 2006, Pwuft and zoning through November 30, 2007. Nice Piocurenaftat t For any additional information, feel free to contact this office at 305 - 3754369. Pmpeny Appraisal Public library System SinCCielY, Public Worts sire Neighborhood f4r16 .l? Seaport solid Waste Management Strategic Busbtee Manager Team ffi Transit Insurance Compliance Coordinator Force on Urban Economic Revitalisation Yr "a Museum And Gardens water & Sewer Aug.22. 2006 3:50PM No. 3699 P. 6 Ci.0 MTY MAINTENANCE (1) INDEMNMCATION AND INSURANCE GENERAL SERVICE AND CONTRACT Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses 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 ' Administration Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificates) 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 _ .._.- •-- -.__ —. _.- ...... a7ritg�� i'ctmirtpCF c7cC[rriCaccs r"tifodciijr in�uryprut;ci ty cuu�ag�: 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 Gwde, 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 BID MUST APPEAR ON EACH CERTMCATE. CERTIFICATE HOLDER MUST READ: MIAW -DADS COUNTY III NW 1`' STREET SUITE 2340 MIAMI, FL 33125 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 prolu'bited 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 2.5 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 insuurance 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 may, at its sole discretion, terminate this contract for cause and L :.t^. -A..; r the General Terms 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 A WRD_ PRODUCER CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER of ►nFOruvw wry ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV No. 3699 P. 8 DATE (MW0DfYYYY) 07/17/06 Insurance Marketers, Inc. 141 Almeria Avenue Coral Cables TL 33134 phone:305 -442 -9507 Fax:305- 447 -8527 Superior Landscaping is Lawn Services, c Mja0mi,$FL 3#32 INSURERS AFFORDING COVERAGE NAIL # INSumA.. FCC= Insurance Co = INSUItEx & >1riGde[ield iay.rs 1;ns.CO. INSURER C: INSURER D: INSURER E COVERAGES HAVE BEEN ISSUED t0 THE WBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWIM87ANDINO OR F IN TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITTI RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED THE POLICIES OF INSURANCE Llb'TED BELOW THE EXCLUSIONS AND CONDITIONS OF SUCH REQUIREMENT. AFFORDED BYIM POL 1:IES DESCRI8ED HEREINISSU g ACT TO ALL THE TT3iMS, MAY PERTAIN, 7HE INSURANCE LIMITS GHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM. POLICIES. AGGREGATE LIMITS LTIi N9R TYPE OF INSURANCE POLICY NUMBER DA DATE M EACH OCCURRENCE $100000 CaENERALIJABlLIiY GL0003347 03/28/06 03/28/07 PREMISEti(Eaw1unwm $ 100000 p� X COMMERCIALGENERALLIAB1UT`Y MED Ev (Any one 1wso+) 45000 CLAIMS MADE FXJ OCCUR PERSONALAADVINJURY S 1000000 X PD Dad $500 GENERAL AGGREGATE s2000000 J claim I pRODUCTS- COMP/OPAOG s2000000 GENT. AGGREGATE LIMIT APPLIES PER! POLICY X JpOT LOG COMBINED SINGLE LIMIT 61 000,000 AuroboslLE LIABILITY- CA0005603 03/28/06 03/28/07 loEOa A X ANY AUTO BODILY INJURY = ALL OWNED AUTOS (per posse) SCHEDULED AUTOS A $ HIRED AUTOS (PewDe�n!)� S A X NON.OMM AUTOS At?E S (par8E.IRdent) AUTO ONLY • SA ACCIDENT S GARAGE LIABILITY EA ACC OTHER ANY AUTO AUTO ONFLY. A00 i EACH OCCURRENCE 51,000,000 EI(CE49NMBRELLA LIABILITY OCCUR El CLAIMSMADE pMI10002927 03/28/06 03/28/07 AGGREGATE S 1 000 000 A X I S DEDUCTIBLE hX $ RETENTION $10,000 TORY LIMITS ER WORKERS COMPENSATION AND E.L EACH ACCIDENT d EMPLOYER LIABILRY S' ANY PROR PRJET R PARTNE CUTIVE E.L. DISEASE - EA EMPLOYE i Bq E.L. DISEASE - POLICY LIMIT $ EBCR►PTION OF OPFRATIONS/ LOCATIONS f VEMlCLES I - b(C-LU810NS ADDED BY ENDORSEMENT I SPECIAL. PRV V'Wum: 'OR LANDSCAPE MAINTENANCE SERVICES. COVERAGES ARE 9tJBJECT TO THE YS NO, ;ONDITIOINS, DEDUCTIBLES AND EXCLUSIONS SHOWN IN THE POLICY. 10 DAYS NOTION )F CANCELLATION FOR NON- PAYMMT OF PRZHIUM' C0T1l:1r_ATI: WnLOER Miami -Dade County suite 1300 111 mw 1st street Hiam; FL 33128 -1987 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE FXPIRATIO DATE THEREOF. THE LSSUINO INGURER W LL ENDFAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUR! TO DO 80 SHALL IMPOSE NO OBLIGATION OR LL421UTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR M ACORD CORPORATION 1988 '' :ORD 26 (2001/08) Aug.22. 2006 3:50PM From: eieka Linares .lair "Y� AC( PRODUCER Serial AON RISK SERVICES, INC. OF FLORIDA 1001 13RICKELL 13AY DRIVE, SUITE *'I 10o MIAMI, FL 33131 -4937 PHONE. 900-743-8130 FAX: 800.822 -7514 INSURED ADP TOTALSOURCE. INC. 10200 SUNSET DRIVE MIAMI, FL 33173 ALTERNATE EMPLOYER: SUPERIOR LANDSCAPING S LAWN SERVICE No. 3699 P. 9 Date: 7121!2008 Time: 3:38:50 PM Page 2 of 2 MOMMe DAte (MMIDDIYY) : 0721/2006 : A2M7 THIS CER77FICATLO I8 ISSUED A8 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOER NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE AMERICAN HOME ASSURANCE COMPANY A COM?ANY B COMPANY C CIO~ D THIS 18 TO CERTIFY THAT THE POLICIES OF INIJIURANCE LI67CO BELOWHAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREIdENL TERM OR CONDRION OF ANY CONTRACTOR OTMER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIn THE MSURANCEAFFORDED B YTHE POLICIES DESCRIBED HEREIN 18 8U8JECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLK,1E8, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. QTR TYPE OF INSURANCE POLICY NUMBER DA M M" DATE WM LIMITS GENERAL U42M TY GMMM AGGREOATE Is COMMERCIAL GENERALLAMM PRO DUCTS- C0MPIOPAGG IS CLAM4 MADE F. 1 OCCUR P@r50NAL R ADV NJAV ! OVYt.M L CONTRACTOR'S PROT BACHOCC RA04M ! ME DAMAGE tuyone fuel it MED W tkW ana pmcap s AUTOMOBILE LIABILITY N ANYAUto COMBINED Ste-LE Laar f ALL OWNED AUTOS gpp�ry SCHEOULEDAUTOS I�erpersW f MIREDAUTOS gpp� NON-ONRdEDAUTOS tParacao W f EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADPfrOTALSOURCE. INC.'8 PAYROLL, WILL HE COVERED ER THE ABOVE STATED POLICY. *THE ABOVE NAMED CLIENT 18 AN ALTERNATE EMPLOYER UNDER T1418 POLICY. alou.D ANVOP TNe ABOV! DwaamED PoL=s BE cmcmma ARPORE THE MIAMI -DADE COUNTY mwmm DATB TNWJOP. THE ISBUINO COMPANY WELL BNDEAVOft To MAIL PROPEMYDAMAGE ! 30 5AY8 WRIrMN NOT= TO T OCRTIMUTE HOLDER HUM TO THE LEFT, GARAGE LIABILJTY OUT FAE. =70 rat VUCH NOMSHALL WOME NOOSUGATTDIN OR UPABL.W AUID oN y- EA ACCDENT is OF ANV tan0 UPON Tl1E COMPANY. Rs A25WB OR RBpREMWATNEa ANYAUTO orreRI IAN AUTOON.r EACHAMMa It AGGREGATE ! CESS LIASAM EaC7tOCQJ18zENCE ! UMBRELLA FORM P AOOREttATE ! 0111131 THAN UANBRELLA FORM s WORKER'SCOMPENSATIONAND 1%99018 07/012006 07/OW= X + l';FCEUAM COVERAGE E<EACHACCECW s 1,000,000 1NBP10A1 NCL EFFECTIVE a D15EASE.POt1CYLANrT IS 1,000,000 �co 7'922006 o DsEASE. EA o,vLOYEE s 1.000.000 EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADPfrOTALSOURCE. INC.'8 PAYROLL, WILL HE COVERED ER THE ABOVE STATED POLICY. *THE ABOVE NAMED CLIENT 18 AN ALTERNATE EMPLOYER UNDER T1418 POLICY. alou.D ANVOP TNe ABOV! DwaamED PoL=s BE cmcmma ARPORE THE MIAMI -DADE COUNTY mwmm DATB TNWJOP. THE ISBUINO COMPANY WELL BNDEAVOft To MAIL 111 NW 1ST STREET 30 5AY8 WRIrMN NOT= TO T OCRTIMUTE HOLDER HUM TO THE LEFT, SUITE 1300 OUT FAE. =70 rat VUCH NOMSHALL WOME NOOSUGATTDIN OR UPABL.W MIAMI, FL 33129 -1987 OF ANV tan0 UPON Tl1E COMPANY. Rs A25WB OR RBpREMWATNEa REPRBSENTATN@ ug. 22. 2006' 3:50P No. 3699 —P. 10, MIAMI -DADS COUNTY BLANKET PURCHASE ORDER -------------------------------------------- ------------------------ - - - - -- - - - -- BPO ID: ABCW0601107 PRINT DATE: 07/26/2006 PAGE: 01 ----------------------------------------- ------------------------ - - - - -- - * * 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 TO: SANCHEZ, JOSE (305) 375 -4265 --------------------------------------- ITS ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT 11/30/2007 S54,200.00 BID NUMBER 7362- 4/08 -3 PRE- QUALIFIED VENDORS FOR MULTI - VENDOR BPO VENDOR ID SF8 VENDOR NAME DISCOUNT TERMS 592613393 01 A NATIVE TREE SERVICE INC NET30 650549881 01 SANCHEZ ARANGO CONSTRUCTION COMPANY NST30 650838100 01 SUPERIOR LANDSCAPING 6e LAWN SERVICE INC NET30 * tttt* ttttt* twtwwwss::::::* tttttttt, r* ww* wwwww: x::: : : : # *tt�tttt,r *t * +w,rw *wwww *w *w ITEM COMMODITY ID U/N UNIT COST 001 988 -36 GROUNDS MAINTENANCE: MOWING, EDGING, PLANT (NOT _ ------------------------- - - - - -- END OF ITXK LIST AUTHORIZED DEPTS /USERS AUTHORIZED DEPT: PW***w** ALLOCATION: CALLER ID CALLERS NAM DOLLAR LIMIT PHONE NUMBER $854,200.00 ( ) - TERMS: - • olv 4- eonv. c Aug.22. 2006 3:50PM o. 3699 --,_P. 11 MIAMI -DADS COUNTY BLANKET PURCHASE ORDER ------ ---- -- 1107--- - - - - -- -PRINT DATE: 07/26/2006 -- - - - - -- PAGE: 02 BPO- ID-- AS - - -- --------------------------------------------------------- - - - - -- ** REPRINT 08 ORIGINAL BPO ** COSTS OP MANDATORY RANDOM AUDIT BY TEE INSPECTOR GENERAL ARE INCORPORATED INTO THIS CONTRACT AS 1/4 OF 1% OF THE CONTRACT PRICE. THIS CONTRACT ZS SUBJECT TO A USER ACCESS FEE UNDER THE COUNTY USER ACCESS PROGRAM (VAP) IN TEE AMOUNT OF TRO PERCENT (27S)• 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 PAYS FOR THE GOODS AND /OR SERVICES SPECIFIED ON THE INVOICE. THE COUNTY SHALL RETAIN THS 2% UAP FOR USE BY TICE COUNTY TO HELP DEFRAY THE COST OF THE PROCUREMENT PROGRAM. VENDOR PARTICIPATION IN THIS INVOICE REDUCTION PORTION OF THE UAP IS MANDATORY. ------- - - - - -- -------------- -------------- ----- ----- BLANKET PURCHASE ORDER COVERING PERIOD FROM 12/7./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 GUAR&=n IS EXPRESSED OR IffiPLZED AS TO QUANTITIES AND /OR DOLLARS THAT WILL ACTUALLY BE PURCHASED. THE VENDOR•ACCEPTS ALL RISKS ASSOCIATED WITH USING THIS INFORMATION. AUTHORIZED SIGNATURE: *1 RlapRkm 3F Odjc;jNAL BPO =* * * * * * *n4 LAST PAGE * * * ***** DATE. 7 �° Aug. 22. 2006 3:49PM No. 3699 P. 1 SUPERIOR LANDSCAPING & LAWN SERVICE, INC FACSIMILE TRANSMITTAL SHEET TO: FROM: Rudy TOIYes Betsy COMPANYi DATis: City of South Miami 8/22/2006 FAX.NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 305- 668 -7208 13 PHONti NUMBER SENDER'S REFEXENCII NUMBP.R: RE. YOUR RGPERENCE NUMBER: Metrong Contract URGENT ❑ TOR REVIEW ❑ PLEASI3 COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: ao — FO BOX 35 -0095, MIAMJ, FLORIDA 33135 OFFICE (305) 634 -0717 FAX(305) 634.0744 F South Miami N�ImaicacNy CITY OF SOUTH MIAMI INCORPORATED OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Vincent A. Landis, Chief of Police Date: September 19, 2006 Subject: School Crossing Guard Contract Item No. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIA MI-DADE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. Reason: The Miami -Dade Police Department (MDPD) has been providing excellent school crossing guard (SCG) service to the City of South.; Miami for several years. MDPD provides five (5) school crossing guards (SCGs) to South Miami. Three are posted at Ludlam Elementary and two are near South Miami Elementary. Prior to the 2005/06 school year, the former City' administration was negotiating with MDPD to pay for the services and agreed to pay for services for that school year. Based on projections from MDPD and after analyzing revenues expected from the countywide SCG ticket surcharge distribution program, $46,000 was budgeted. In July, 2006, MDPD requested payment of $96,148 for services rendered in the 2005/06 school year. Through negotiations, this amount has been reduced to $61,386 and the City is being credited with $22,311 that we would have received from the distribution fund. This leaves a balance of $39,075 that is owed to MDPD. - I am recommending that this amount be paid and that the City enter into the attached interlocal agreement for school crossing guard services. Backup Documentation: • Interlocal Agreement between Miami -Dade County and City of South Miami 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 CONTRACTS; AUTHORIZING THE EXECUTION OF AN 7 INTERLOCAL AGREEMENT BETWEEN MIAMI -DADS 8 COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT 9 AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING 10 GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South 13 Miami desires to establish and maintain a high level of competent 14 professional School Crossing Guard (SCG) service in conjunction and 15 harmony with its fiscal policies of sound, economical management; 16 and, 17 18 WHEREAS, the City should have the flexibility to determine the level 19 and deployment of SCG services and to establish service priorities; and, with 20 the cooperation and recommendation from Miami -Dade County Public 21 Schools, Department of Safety; and, 22 23 WHEREAS, the MDPD, Community Affairs Bureau (CAB) 24 Pedestrian Safety Section (PSS) personnel should be responsive to the assigned 25 schools, student pedestrian/cyclist and school support personnel, and 26 should work cooperatively with school personnel and the City to ensure the 27 safety of the students as they arrive and depart from school property; and, 28 29 WHEREAS, MDC has agreed to render to the City a continuing high 30 level of professional service, and the City is desirous of contracting for such 31 services upon the terms and conditions hereinafter set forth; and, 32 33 WHEREAS, the parties' interest is to develop a long standing 34 relationship in order to effectively serve the City, the applicable school(s) and 35 its students; and, 36 37 WHEREAS, MDC and the City would like to abide by the 38 following principles: 39 40 1. MDPD, PSS should be responsive to the school and its pedestrian 41 students of the City. 42 43 2. MDPD, PSS should work cooperatively with the City and school officials 44 in a problem - solving mode to maintain the safety and welfare of 45 student pedestrians. 47 3. MDC should provide at a reasonable cost, efficient, and high- Additions shown by underlining and deletions shown by ever-cg. 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 quality training appropriate for SCG personnel. 4. MDC shall provide to the City for the term of the approved interlocal agreement, and any extensions thereof, competent professional SCG services with the stipulated elementary schools in the City to the extent and in the manner agreed upon by the parties. WHEREAS, the Mayor and City Commission desire to approve the attached interlocal agreement. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The interlocal agreement attached hereto as exhibit one to this resolution is hereby incorporated by reference and approved by the city commission. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney day of September, 2006. Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI SCHOOL CROSSING GUARDS SERVICE THIS AGREEMENT, by and between the City of South Miami a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "the City "), Miami -Dade County, Florida (hereinafter referred to collectively as "MDC "), the Miami -Dade Police Department (hereinafter referred to as "MDPD "). WHEREAS, the City is desirous of establishing and maintaining a high level of competent professional School Crossing Guard (SCG) service in conjunction and harmony with its fiscal policies of sound, economical management, and WHEREAS, the City should have the flexibility to determine the level and deployment of SCG services and to establish service priorities; and, with the cooperation and recommendation from Miami -Dade County Public Schools, Department of Safety, and WHEREAS, the MDPD, Community Affairs Bureau (CAB) Pedestrian Safety Section (PSS) personnel should be responsive to the assigned schools, student pedestrian /cyclist and school support personnel, and should work cooperatively with school personnel and the City to ensure the safety of the students as they arrive and depart from school property, and, WHEREAS, MDC has agreed to render to the City a continuing high level of professional service, and the City is desirous of contracting for such services upon the terms and conditions hereinafter set forth, and WHEREAS, the parties' interest is to develop a long standing relationship in order to effectively serve the City, the applicable school(s) and its students, and WHEREAS, MDC and the City would like to abide by the following principles: 1. MDPD, PSS should be responsive to the school and its pedestrian students of the City. 2. MDPD, PSS should work cooperatively with the City and school officials in a problem - solving mode to maintain the safety and welfare of student pedestrians. 3. MDC should provide at a reasonable cost, efficient, and high - quality training appropriate for SCG personnel. 4. MDC shall provide to the City for the term of this Agreement, and any extensions of the term in accordance with the provisions of this Agreement, competent professional SCG services with the stipulated elementary schools in the City to the extent and in the manner agreed upon by the parties. NOW THEREFORE, in consideration of the following mutual obligations the parties agree as follows: ARTICLE I PURPOSE AND INTENT MDC shall provide to the City competent, courteous, lawful, efficient and effective SCG services, as specified and for the term prescribed in this Agreement. The City will pay for, and cooperate with MDC in the provision of those professional services. The Whereas Clauses express the intent of the parties and are incorporated into this Agreement. ARTICLE II DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as: Community Affairs Bureau (CAB) Major: Shall mean the MDPD Bureau Major who is responsible for overseeing the compliance with contractual stipulations and maintenance of quality service delivery. Personnel: Shall mean MDPD CAB and SCG personnel assigned to the City. School Crossing Guard (SCG): Shall mean certified civilian personnel, employed by MDPD, who are utilized to conduct departmentally- approved pedestrian and traffic safety programs in the area of public elementary schools. SCG's shall be equipped with all standard issued uniform and supplies as depicted in Exhibit A. SCG Unit: Shall mean the Departmental entity that reports to the CAB Major, which is responsible for coordinating pedestrian and traffic safety programs utilized to assist elementary school children in arriving and departing from schools in a safe manner. The SCG Unit is primarily responsible for providing assistance to all public elementary schools in unincorporated MDC and municipalities that contract services. Service: Shall mean comprehensive SCG patrol services provided each day of the regular academic year excluding summer sessions, except when elementary schools are not in session for whatever reason. Staffing Levels: Shall mean the number of SCG's assigned to and accepted by the City as they are listed in Exhibit B of this Agreement. The levels described in Exhibit B do not include staffing for SCGs during summer sessions. 0) Staff Schedules: Means those schedules prepared by the CAB Major or his designee to appropriately deploy personnel to ensure appropriate resources are maintained each shift. Pedestrian Safety Section (PSS) (Supervisor) Means a designated Supervisor who reports to the CAB Captain. The responsibilities include the supervision, evaluation, and direction of the daily activities of the Pedestrian Safety Project Coordinators, SCG Supervisors, SCGs, and a Secretary. City Officials: Means the council members, City Manager, City Attorney, and employees of the City. ARTICLE III SCHOOL CROSSING GUARD SERVICES MDPD shall provide SCG services, as set forth in this Agreement in accordance with Florida Statutes. 3.1 Without limiting the duty prescribed in the preceding paragraph, MDPD SCG personnel provide services during operational times of the regular public school year, not including summer sessions, Professional Development Days or Teacher's Workdays, Statutory Holidays, any other school holidays and when schools are closed. 3.2 The actual hours of service will be determined by the commencement and dismissal times of the schools identified in subparagraph 3.4. 3.3 Nothing in this contractual Agreement is intended to usurp the authority of MDPD policies and procedures. In addition, nothing herein is intended to usurp the authority of the City, its policies, procedures, and charter. 3.4 SCG services will be provided to the following locations: i. Ludlum Elementary 6639 Southwest 74 Street South Miami, Florida 33143 ii. South Miami Elementary 6800 Southwest 60 Street South Miami, Florida 33143 3 ARTICLE IV CONSIDERATION 4.1 Payment for services rendered for each contract year shall be based upon the level of service requested by the City pursuant to Article 7.2. Staffing in excess of the requested service level, listed in Exhibit B, shall require written authorization by the City Manager. The levels described in Exhibit B do not including staffing for SCGs during summer sessions. 4.2 The actual costs shall include direct supervisory and school crossing guard personnel salaries, plus all associated fringe benefits, applicable annual overhead, uniform, other general operating supplies, and standard support equipment. Exhibit D illustrates estimated annual cost based on FY 2005 -06 figures and will be updated in subsequent years if requested by the City. 4.3 Payment for the services provided by MDC for subsequent years shall be based upon the level of staffing services requested by the City Manager utilizing the actual costs of personnel and equipment. 4.4 Vehicle costs for FY 2006 -07 will be charged at the prorated flat rates shown in Exhibit D. At the beginning of subsequent fiscal years, the annual prorated flat rate for vehicles will be adjusted to reflect the updated costs at that time and the City will be billed accordingly. 4.5 An overhead will be charged on services provided to the city and may be adjusted and modified on a yearly basis. The current estimated costs for FY 2006 -07 is shown in Exhibit D. ARTICLE V COMMAND STAFF 5.1 The CAB Major shall, among other specified duties, act as liaison between the City and MDPD. 5.2 In the event the City becomes dissatisfied with the performance of the SCG program, specific concerns regarding performance should be discussed with the CAB Major to ascertain avenues of resolution and immediate remediation, if any. 5.3 MDPD agrees to act expeditiously and in good faith in resolving any problems experienced by the City. 4 ARTICLE VI EMPLOYMENT RESPONSIBILITY 6.1 All SCG employees and other persons employed by MDPD in the performance of SCG services for the City shall be and remain MDC employees. 6.2 MDPD employees will continue to abide by MDPD policies and procedures established in the Departmental Manual and pertinent subordinate directives. 6.3 MDC is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor and not an employee, agent or servant of the City. Nothing in this Agreement shall be construed to create an employment relationship between the City and any MDC employees. ARTICLE VII EMPLOYMENT: RIGHT OF CONTROL 7.1 MDPD shall have and maintain the responsibility and control of the services rendered, standards of performance, discipline of personnel, all personnel - related matters including but not limited to assigning new personnel, transfers, promotions and any other matters incident to the performance of the services, duties and responsibilities, as described and contemplated in this Agreement. Transfers may be made for promotional, career opportunity, at the request of the employee, or at the request of the CAB Major, or at the discretion of the Director of MDPD or designee. 7.2 Staffing levels are listed in Exhibit B of this Agreement, and may be modified, in consultation with the City Manager, by the CAB Major from time to time as needs arise. The level, degree, type of service and number of positions assigned to each service shall be determined by the City in consultation with MDPD. However, at no time shall the staffing level be less than the determined minimum number of requisite positions mutually agreed upon and reflected in Exhibit C. 7.3 In the event the City Manager becomes dissatisfied with the performance of any personnel assigned to the City, the City Manager shall discuss the concerns with the CAB Major. Upon request of the City Manager, the CAB Major may transfer or reassign personnel out of the City with the concurrence of the Director of MDPD or designee. The CAB Major will promptly address concerns expressed by the City Manager regarding 5 performance of SCG personnel pursuant to this agreement. ARTICLE VIII EMPLOYMENT; AUTHORITY TO ACT 8.1 SCGs provide pedestrian and traffic safety assistance to elementary school children in arriving and departing from schools in a safe manner. 8.2 The PSS shall be authorized to direct the daily SCG operations in the City; effectuate the City's and MDPD's priorities; manage the delivery of SCG services, and ensure the SCG needs of the concerned school and City are adequately met. ARTICLE IX CLAIMS 9.1 MDC is a political subdivision of the State of Florida and has elected to provide a program to administer and resolve claims that would generally be covered by a contractual insurance carrier, subject to the provisions of Section 768.28, Florida Statutes. 9.2 During the term of this Agreement, MDC shall process any and all claims by any parties related to MDC's performance of services specified in this Agreement, subject to the limitations of Section 768.28, Florida Statutes. ARTICLE X INDEMNIFICATION 10.1 To the extent permitted by law and as limited by Section 768.28, Florida Statutes, the City shall defend, indemnify and hold harmless MDC and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by the City, its employees, officers and agents. MDC shall promptly notify the City of each claim, cooperate with the City in the defense and resolution of each claim and not settle or otherwise dispose of the claim without the City's participation. 10.2 To the extent permitted by law and as limited by Section 768.28, 2 Florida . Statutes, MDC shall defend, indemnify and hold harmless the City and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by MDC, its employees, officers, and agents. The City shall promptly notify MDC of each claim, cooperate with MDC in the defense and resolution of each claim and not settle or otherwise dispose of the claim without MDC's participation. 10.3 The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement. ARTICLE XI TERMINATION AND REMEDIES 11.1 In the event the City intends to cancel, terminate, and /or independently contract with another provider of SCG Services, the City shall provide written notification of such intent to MDPD at least 45 days prior to the cancellation date. Upon the date of cancellation of this agreement, the City shall incur all costs and liabilities associated with providing a school crossing guard program, an independently contracted SCG program, or failure to provide any such program. 11.2 In the event that either party breaches a material term or condition of this Agreement, other than an event of default, the party in breach, upon receipt of a written request from the non - breaching party, shall remedy the breach within 30 days of receipt of the request. If the breach is not cured within the specified time period, the non - breaching party may utilize the remedies of declaratory judgment, specific performance, mandamus or injunctive relief to compel the breaching party to remedy the breach. 11.3 The parties reserve all available remedies afforded by law to enforce any term of condition of this Agreement. The parties shall submit to the dispute resolution procedures of Chapter 164, Florida Statutes, prior to the filing of any legal proceeding. ARTICLE XII OPTION TO RENEW 12.1 The parties shall meet no later than June 1, 2007, to negotiate the 7 terms and conditions of any extension (the "Renewal Term ") to the Initial Term listed in Article XIII and shall conclude such negotiations no later than January 31, 2008, in order for both parties to anticipate budgetary considerations for fiscal year range. 12.2 In the event that the parties cannot come to a mutual Agreement on the terms and conditions of the Renewal Term, this Agreement shall expire on the date specified in Article XIII. ARTICLE XIII TERM This Agreement shall be effective retroactively beginning with the first day of the 2005/2006 Academic School year (August 8, 2005) and will expire upon completion of the last day of the 2007/2008 Academic School year, unless terminated earlier as specified in Article XI. ARTICLE XIV INDEPENDENT CONTRACTORS MDC, for the purposes of this Agreement, is and shall remain an independent contractor. ARTICLE XV AUTHORITY TO EXECUTE; NO CONFLICT CREATED 15.1 The County Manager, by execution of this Agreement, represents to the City that he has full power and authority to make and execute this Agreement pursuant to the resolution of the County Commission. 15.2 The City Mayor, by the execution of this Agreement, represents to the MDC that the manager has full power and authority to make and execute this Agreement pursuant to the resolution of the City Council. ARTICLE XVI AMENDMENTS This Agreement may be modified at any time during the term by mutual written consent of both parties. 8 ARTICLE XVII NOTICE All required notices shall be given by first class mail, except that any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: City: City Manager Yvonne McKinley City of South Miami 6130 Sunset Drive South Miami, Florida 33143 and City Attorney Nagin Gallop Figueredo City of South Miami 6130 Sunset Drive South Miami, Florida 33143 MDC: County Manager George M. Burgess Miami -Dade County Stephen P. Clark Center 111 NW First Street Suite 2910 Miami, Florida 33128 and Director Robert Parker Miami -Dade Police Department 9105 NW 25 Street Miami, Florida 33172 and Office of the County Attorney Stephen P. Clark Center 111 NW First Street Suite 2810 Miami, Florida 33128 9 ARTICLE XVIII NON -ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE XIX ENTIRE AGREEMENT 19.1 The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. 19.2 The exhibits referred to and annexed to this Agreement are made a part of this Agreement. 19.3 If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. ARTICLE XX BINDING EFFECT This Agreement shall insure to the benefit of, and be binding upon, the respective parties' successors. Signature Page to Follow 10 ATTEST: By: Maria M. Menendez, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Luis R. Figueredo City Attorney ATTEST: HARVEY RUVIN, CLERK IM Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By County Attorney 11 CITY OF SOUTH MIAMI, A municipal corporation Horace Feliu, Mayor MIAMI -DADE COUNTY A political subdivision of the State of Florida By its Board of County Commissioners: George M. Burgess County Manager Exhibit A MIAMI -DADE POLICE DEPARTMENT UNIFORM AND EQUIPMENT FOR SCHOOL CROSSING GUARD Quantity authorized School Crossing Guard Sugervisor Pair of shoes 5 1 Pairs of long pants (2) 5 1 Shirts with patches (5) 5 1 Jacket with patches 5 1 Name tag 5 1 Baseball cap 5 Safety vests (2) 5 1 Pair of mesh gloves 5 Whistle 5 1 Raincoat 5 1 Belt 5 1 IV) EXHIBIT B THE CITY OF SOUTH MIAMI School Crossing Guard Staffing Level Job Classification Quantity Pedestrian Safety Project Coordinator 1 SCG Supervisor 1 School Crossing Guard 5 Total 7 13 EXHIBIT C THE CITY OF SOUTH MIAMI Minimum Staffing Assignments School Crossing Guard Staffing Job Classification Quantity Pedestrian Safety Project Coordinator 1 SCG Supervisor 1 School Crossing Guard 5 Total 7 14 o N LO r � I= I- 0 m L O O `o U � U •� N N O CL -2 -2 � � U) X x U) (1) a. w N 0 J O D U) d7 N M M co 00 c c 6F} 69 Tl- T- 0 ca c La- O O u L 5 L U CO) � N > co a. 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W J w J O N 0 J N W v Z N Z� w ` w a `~O r Z O L O N � � N N Ol d O J O N O L N 3 0' O M � p U) + J H 0 m D J D Z Q CO W co 0 0 N 41 . v a� U M CD w y w O a� c i a c V C o 0 0 0 o C/, (0 V to p LO M LD M o O _ O p p p CM 00 00 O N O 61)- c6 619- cn p U O V p N 1 4 'A U) i i i i i • E Co U- -0 Lo r r Imo' GGG\ w •V/ L N (Q O U wU) o o 4— LO o U Z N () J , ,� LO J m � W Z E d } 0 W + V N O a J _ m u- N z z o ,� W Lu O 3 E > C > > a °� I O J 30 >CX H O N 0 cu O �z°O O H O Z O O H v (A N H H E N F p� Q U U N N U) fA U) � U cn d > U) > U) � N U U) 3 U) + U) W r M r tC M � N 1` N O EA .a; rl- �c N L U N L U L N U_ � J C Q SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman♦ Howard S. Susskind Kenneth R. Harrison, Sr. David E. Robinson D. Marcus Braswell, Jr. Pedro A. Herrera ♦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 2801 Ponce De Leon Boulevard Suite 750 Coral Gables, Florida 33134 (305) 529 -2801 Broward 327 -2878 Toll Free 1- 800 -329 -2122 Facsimile (305) 447 -8115 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 NIIAlVII, 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 majority 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 Cily 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 I in office. The fifth trustee shall be selected by a majority of the previous four (4) 2 trustees, and appointed as a ministerial dutyby 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 thr-eeone -year term. Thereafter, each year, 10 one pPolice officer shall be elected to serve as trustee for a diFeetwo -year term. 11 The bBoard shall annually elect from its membership a chairman and secretary. 12 441- fi— e-e- dir-ee4ar- shall be the tFeasuFen 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 4easufer —sM1 supei:v 16 17 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&; Thrge (43) or more member trustees 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 le s* ywe (24 36 weeks ,er to the da4 _ hie s e el shall be h � a Such elections 1 \V i./L LV L11V LL{.I.LV = 37 shall be conducted over a period of not less than two business dam 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 #Board 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 ia seefien 16 39 and seetieti 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 I (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 ne -merAes slWl be kwested in eemmen steek 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.anebReated funds in AAA ffade er- -4-4- 16 17 18 (b) To perform the acts required as the administrator of the pPlan. The bBoard 19 may delegate administrative duties in its discretion. 20 W. 95qneas 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 1Fund 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. 44 45 SIGNATURES ON FOLLOWING PAGE 46 47 3 I PASSED AND ADOPTED this 2 3 4 ATTEST: 5 6 7 CITY CLERK 8 9 10 11 12 READ AND APPROVED AS TO FORM: 13 14 15 16 CITY ATTORNEY 17 18 19 20 21 22 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: 23 C. Documents and SettingslSRothsteinlMy DocumentslReso- OrdISMPP ORDNBOARD AMKE UP. doc 4 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 CITY COMMISSION MEETING FOR SEPT. 19, 2006 in the XXXX Court, was published in said newspaper in the issues 09/08/2006 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 thdverti en r publication in the said newspaper,/- �7 Sworn to and subscribed before me this 08 day PTEMB y (SEAL) O.V. FERBEYRE personally known to me !7 Maria I. Mesa My Commission DD293855 p Expires March 04, 2008 N 1. i "How about some ci,,,, Nothing goes better w imam EUROPEAK PROGRAMS* 0 Days Beautiful Italy Venice/Florence/PisnAoma $9 MadrrIksA don 182OZ $1,490 Lomkwvparis 8D* $820 'WaffiWilicidirw Mandrid/Lonclon/Paris 11 Days $1,440 Sevilla/Grenada 9D* $720 =lliarilAnwek 12 D* $1,630 Andoluda & Levenate Armideto*9 Duls $770 MEIESPARREll -13D* $950 Madirld/Lourdea/Paris IOD* $855 *1alus Airfare Franitfi~WelaidVoema $860 GROUPS from MIAMI - Od 6 Andean Orde IS d Indul e: Medoa, Andean Crossing, Smfi* do Chile, ifin dd Mar, Valpanivi—.. Mont) m ulelndlothe , Bueno AraL 70 Nov 2, 11 dam Go" Mainly lehloo. 146 Camp, Milon, Venice, Horeare, Pini, Aso, 1— $205 December 29 -= 7 Nights. Now Years Cruise in hillialithoAPAL] ind =dC.—. Maya, St. comas de Castillo, Belize from $749 DELUXE 111111 A A" "' , From Aruba 'h q Arab dos/ Mamed ; - From Od. 20 To A 12 0 - I. a$689� e air COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 19, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: , AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI POLICE OFFICERS'RETIREMENT TRUST FUND, PROVIDING FOR REDUCTION IN NUMBER OF TRUSTEES ON THE I BOARD OF TRUSTEES FROM SEVEN (7) TO FIVE (5) BY, I REMOVING THE MANDATORY MEMBERSHIP OF CERTAIN I NAMED OFFICALS; PROVIDING CLARIFICATION OF )F I ELECTION AND APPOINTMENT PROCEDURES FOR )R I TRUSTEES; PROVIDING FOR CLARIFICATION OF BOARD'S INVESTMENT AUTHORITY, PROVIDING FOR REMOVAL OF ,A NAMED ADMINISTRATOR. AN ORDINANCE 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. A RESOLUTION RELATING TO THE- ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE CONSTRUCTION OF A SCENIC OVERLOOK/ FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 5611 STREET. A RESOLUTION 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 AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). Above items can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305-663-6340. ALL interested patties are Invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Stafirles 286.0105, the City hereby advises the public that'd a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting hearing, he or she will need a record of the proceedings, and that for such purpose, affected person my need to ensure that a verbatim record of the orocesifirms is made which record In6p.d. the md— and 19 �0 C) C> U., CQ 111A E 0 E rn South Miami CITY OF SOUTH MIAMI , r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Don O'Donniley, Planning Director Date: September 5, 2006 ITEM No. 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 Neighborhood Petitions* * requested by City Commission DODISA4'10 P: \Comm Items\2006 \9 -1� -06 \Comp Plan Amend CM Cover report.doc 2 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 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 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. - Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of September, 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: -CITY ATTORNEY APPROVED: IMF • 1St Reading — 2 °d Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: - Commissioner Beckman: C: (Documents and SettingsMothsteinWy Documents lReso-OrWomp Plan Amend PB -06 -020 Ord.doc P South Miami SOUT$ AR- America City H � t U , INCORPORATED 1927 2001 To: Honorable Chair & Local Planning Agency Members From: Don O'Donniley Director of Planning PB -06 -020 Date: August 8, 2006 Re: Comprehensive Plan Future Land Use Map Amendment: 6540 Manor Lane 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. 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 r Future Land Use Map Amendment 6540 Manor Lane August 8, 2006 Page 2 of 5 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 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 fmal 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 5 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 1 To preserve and enhance the City's small town character, especially the quality of life in the existing single-family residential neighborhoods. (97- 1ER) 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 Future Land Use Map Amendment 6540 Manor Lane August 8, 2006 Page 5 of 5 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[l. J;,6W ... P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \8- 8- 06\PB -06 -020 COMP PLAN Amend. Manor Ln.doc City of South Miami Planning & Zoning Department v 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: ,;►{0 /i ?�¢N� 12 �-�E" Lot(s) L Block —,L —Subdivision DA05' 1'44AW Size of Property : / a7 AGras Meets & Bounds: Applicant: i`%Cy GrL+ G /� Phone: 0S_ Al Y� 3s Representative: m <.i,� ��if oK� 1 �t� �f Organization: 41,sV Address: f. t� Phone: Property Own�� Signature: e_::ZZ:� Mailing Address: ,� ^3 o'?0 ,rc,� s �c�rr i��: � iG. 3s i5/6 Phone: , ,, 0.5= 'r 33 . Architect/Engineer: Phone: A 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 ") - - — –T 7 copies of Site Plan � /��n�y�,; D c Ae5- &Jx _✓ 1 reduced copy @ 11" x 17" � �x�l// _ - 20% Property owner signatures L/ Mailing labels (3 sets) and map /Required Fee(s) Ftao, ocy The undersiped has read this completed application an d represents that the information and all submitted materials are true and correct to the best of applican t 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 6/7/00 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 N LO co 7 � m O co o n co 5951 7360 16491 6481 6 61, 6451 7340 7341 1 7340 1 6331 SW 74TH ST r- m m h to co i• CD N h 7 N lD 0 OV 0 0 m S 6' o ° SW VV H 6-1- I cu'o 0 m 6501 016 $ 8020 N �o 80$0 0 8040 Q 7401 7400 -- 6S° 0 0 0 0 7400 7401 7400 7401 6700 w ° v v v J m m m 7421 7410 7411 0 11 o tO W) 7420 7411 741 0 N J �` 7431 7420 7421 7441 7430 7431 7440 _ CO 7440 7437 V O cc ID m V cD V ,� 'g N 0 7511 0 co cAn o ,LO ,°D co 1D r 7450 7441 7500 7501 to CD to R 7500 7511 7510 M Cfl 7511 SW 75TH TER 7531 6540 6510 16 1 7510 7521 7520 � 7521 0 Q ° 00 0 � c°�o c°o °v c°o v 6551 0 7570 �S) 7540 7531 7530 7 531 co fO co `D C�C C ° Q 7551 76TH ST 7600 J 7611 7611 7600 7601 m rn P. rn to 6540 6520 7610 ^ 7621 E655'61 7621 7610 7611 Q 6541 6521 7620 7621 7620 7631 7630 76T 7631 1636 m SW 7630 cno to co co cco m 0 7651 to 7640 �y 'y 7641 1631 rn y 6� 65ZZ 7640 s °sd 7651 762 V) I- 7710 7709 N o � rO �O� 7650 0 co co 7661 0 oy°j SW 77TH TER - - - - - N co m N LO co 7 � m O co o n co 07720 7730 11 g ^ 6Aa6 N Dpi DOi T O 1- f00 0 ^^ ^ S�� t. 0 0 0 0 ccoo m 0 ' 35 Y s° SO o ccoo v m rn o n co r- m m h to co i• CD N h 7 N lD 0 OV 0 0 m S 6' o ° o co E cu'o 0 m 6501 C5 o v N o 7830 0 W V 0 co 6 1 6A, m coo 66� by w rr cP 7840 W �1 8° 0 s�� c Y O Y 7850 7841 7850 Q co N r � 51 G cgs rQ` m too co io cn 65 v9 -soca �— co to co �, ? m m 6721 BOBO 0 0 co 0 co 0 LO W o ccoo v m rn o m m 6721 BOBO SW 81 ST ST 6700 77777)�O It M 00 ■00NaKChW &$TOrbir60ff0Nr 6490 6480 6470 64506440 6430 6420 6400 0 300 600 900 1,200 1,500 Feet M 0 6341 cn too fixEMONEENNEI OD o ° o co E 016 $ 8020 N �o 80$0 0 8040 ° 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 @atlanticbb.net June 14th, 2006 To: City of South Miami From: Andrew Herskowitz, Managing Partner Mach1 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: 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, 80t' 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 Herskowi' Managing Partner Mach 1 LLC 716 u 3 °gym ° mm ° -(i z � o_ o o3a orrioC) j r zho �o oZmg •,..' s� d o � /n 10 m 50 (A < m 1 ' m m opf -wI � a �z <10 { `'s a� v oti f 50' pa ■ ra K"'. IF, t w0 t .. Q .h �. �^ b Sil Zo tA Cr N t1 15o:0o1 no a N C' Lb n m m a; m D YJ =` tE s� n mo � Z \p m w M aoQ� S > I L �a��3g•§pp a m z� Cal '. 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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 -1ER) 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 -lER) P:\PB\PB Agendas StaffReports\2006 Agendas Staff Reports \8 -8 -06 \Comp Plan Land Use Categories.doc S0U U ^" DRAFT • INCORPORATED 1927 ft V A CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 8, 2006 City Commission Chambers 7:30 P.M. I. 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. II. 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. z Planning Board Meeting August 8, 2006 Page 2 of 4 IV. Local Planning Agency Application / Public Hearing 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 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 Terr. 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 R42A RICHARD GARCIA & ASSOCIATES, INC. August 3, 2006 6540 Manor Lane Trip Generation Study i ENGINEER'S CERTIFICATION 1 I, Richard Garcia, P.E. # 54886, certify that I currently hold an active Professional Engineers License in the State of Florida and am competent 1 through education and experience to provide engineering services in the civil 1 and traffic engineering disciplines contained in this report. In addition, the firm Richard Garcia & Associates, Inc. holds a Certificate of Authorization # 9592 in 1 1 the State of Florida. I further certify that this report was prepared by me or 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 1 and correct to the best of my knowledge and ability. i 1 1 PROJECT DESCRIPTION: 6540 Manor Lane - Trip Generation PROJECT LOCATION: 6540 Manor Lane Miami, Florida Flo r cra egistr o No, 54886 4b to RICHARD GARCIA & ASSOCIATES, INC. i { r / 6540 Manor Lane Trip Generation Study 1 1 TABLE OF CONTENTS 1 1 1 ENGINEER'S CERTIFICATION ............................................................... ............................... 1 1 1.0 INTRODUCTION ........................................................................ ..............................1 1 2.0 PROJECT DESCRIPTION / LOCATION i 1 3.0 TRIP GENERATION ................................................................... ............................... 4 i 4.0 TRAFFIC DISTRIBUTION ........................................................... ............................... 5 i 5.0 AM OR PM TRAFFIC ASSIGNMENT ...... ............................... / 6.0 RECOMMENDATION .............................................................. ............................... 9 1 / 1 1 1 / RICHARD GARCIA & ASSOCIATES, INC. 11 ( 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 0 street PM Peak Hour. ® This report follows the methodologies adopted by the Institute of ® Transportation Engineer's (ITE) Trip Generation, and Traffic Impact Studies Manual. Lastly, this report has evaluated the following: • Trip Generation • Traffic Distribution • Trip Assignment 1 1 ® RICHARD GARCIA & ASSOCIATES, INC. 1 1 S 6540 Manor Lane Trip Generation Study i 2.0 Project Description / Location 0 The subject project is located on the Southeast corner of Manor Lane & f SW 4h Ave. The subject development is comprised of 2 Dwelling Units of f Townhouse development. The site is currently vacant. f f ` 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. i R R RICHARD GARCIA & ASSOCIATES, INC. 2 A IT P.,' - Yi �F � � � � � F 4 �• a ,� " -�� Y.. «. o k r , 4 Akt r 6540 Manor Lane Trip Generation Study r 3.0 Trip Generation r i i The characteristics for the subject project were obtained from ITE's Try i 1 Generation Manual, 7th Ed. ITE's Land Use 224: Residential Townhouse was r used to determine the trip generation rates and totals for the subject Townhouse. 1 i The Trip Generation calculations results are summarized below. The ITE 1 rates and percentages for AM and PM Peak Hour Trips are included in 1 Appendix A. Table 1 below summarizes the traffic impact associated with i i the subject development during the AM & PM peak hour of the adjacent 1 street. 1 1 Table 1: AM or PM Peak Hour Trip Generation r 1 1 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 1 104 as 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 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 DIRECTION DISTRIBUTION % 18.44 12.34 1.03 1.88 16.50 22.07 9.76 17.98 100.00 IDY n LI U�LJ� RICHARD GARCIA & ASSOCIATES, INC. 5 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. Table 3: AM or PM Peak Hour Traffic Assignments k4ZL RICHARD GARCIA & ASSOCIATES, INC. 6 s 6540 Manor Lane Trip Generation Study Table 4: AM or PM Peak Hour Traffic Assignments r r r 6540 Manor Lane Trip Generation Study Table 5: AM or PM Peak Hour Traffic Assignments Assignment: IN OUT Total North 0 +0 =0 0 +0 =0 0 East 0 +0 =0 0 +1 =1 1 South 0 +1 =1 0 +0 =0 1 West 0 +0 =0 0 +0 =0 0 TOTAL 2 W u\\,&,J[J� RICHARD GARCIA & ASSOCIATES, INC. 8 ` 6540 Manor Lane Trip Generation Study r r 6.0 Recommendation r r As indicated in the attached analysis the subject project would not have r more than 2 AM or 2 PM peak hour trips. Additionally, the average daily r r volumes would likely not exceed 20 daily trips. The traffic generation from this site would not have a,n impact on the surrounding roadways. As such, r r no additional analysis is needed since the trip generation revealed such r insignificance traffic. In conclusion, no additional analysis is r recommended. r r r r S d ® RICHARD GARCIA & ASSOCIATES, INC. 9 APPENDIX A: TRIP GENERATION Summary of Trip Generation Calculation For -2 Dwelling Units of Rental Townhouse July 27, 2006 i 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 i r r i 1 ffJ � O a 0 W N C C "w G: � a c F- °- a v CO W t z o a m c a V W � c � ~ m E 0 10 Q CO LL s J co O R N N T T H CL ~ D 0 ° $ 0 Y H a a z 0 a Z CL w CN d 0 uiz� ° J ~ LLJ J c � W W H W � J O N N c C9 v IL LO w N � C D C N D 0 ° O N J d N � O D O t c o J �- tC H Q 0 ffJ � O a 0 W N C C "w G: � a c F- °- a v CO W t z o a m c a V W � c � ~ m E 0 10 Q CO LL s APPENDIX B: TAZ / TRIP DIST I -Z b 7 a ;3 Ze Ft`s a iinne« r imminic Ft`s OL iinne« r imminic 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 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 A 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 1108 DIRECTIONAL DISTRIBUTION SUMMARY 4 41 261 266 184 271 1416 PERCENT 20.06 7.42 0.28 2.90 18.43 ORIGIN I------- -- - --- CARDINAL DIRECTIONS -------- - - - - - TOTAL ZONE NNE ENE ESE SSE SSW WSW, WNW NNW 856 418 3 46 397 610 346 732 3408 PERCENT 25.12 WO 1096 TRIPS 564 704 197 265 684 369 358 1194 4335 PERCENT 13.01 16.24 4.54 6.11 15.78 8.51 8.26 27.54 732 370 12 10 295 478 235 448 2580 PERCENT 28.37 14.34 1097 TRIPS 225 330 75 54 171 165 132 291 1443 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 .147 297 1100 1025 517 1260 6572 y 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 A 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 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 A 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- 1 /18/05 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. 1 AM or PM Peak Trips DIRECTION DISTRIBUTION % IN OUT Total � ...... ��`�� ¢r GENE 18.44 12.34 0 0 0 0 0 0 S 1.03 0 1 1 1.88 0 0 0 w, 16.50 1 0 1 22.07 0 0 0 9.76 0 0 0 Y 17.98 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. 1 b� II 1 1 d e� J L 0 lC� G co .F.1 d .N a a .L .IJ d .O L a a� a a O O r r 0 N H O ;I OOQ oo +bbo CD0aaF,. OOrO z C3 CD 0 0 0 0 0 C 'I:-' N 3 N �zwCo3: c a, N a f C J L 0 i Rt 0 d' m E .N H a Q V d .O L CL m a a 0 Cl o g r- ll V 0 0 m METRO &STATE THE ISLAND MUSE .0 CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City Commission of the City of South Miami will conduct a public hearing at its regular City Commission meeting scheduled for Tuesday, September 19, 2006 beginning at 7:30 PM in the City Commission Chamber, City Hall 6130 Sunset Drive, to consider the following described ordlnaince(si: AN ORDINANCE OF THE MAJOR 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. S C Location Map: Proposed Amendment The subject ordinance can be inspected in the City Clerk's Office Monday-Friday during regular office hours. Inquiries concerning this item should be directed to the Planning Department at 305-663-6326. All interested parties are invited to attend. Maria M. Menendez, CMC City Clerk City of South Miami F � SATURDAY, SEPTEMBER 9,2006 1 519 ... . ....... ...... . . ........ ................ ... . .. .... . ... . .. 11- ......... ..... ..... .. . ..... . ... . . .............. . — -------------- • Resolution codesignating a porfion.of Coral Way (SW 24th Street) from SW 107th Avenue to SW 109th Avenue as Jorge L. Cabrera Way • Resolution codesignating the entrance road to Metro Dade Police Headquarters from NW 25 Street as Major Fernando "Freddy" Mendez Way • Resolution codesignating NW 22nd Avenue from All Baba to NW 183rd Street as Betty T. Ferguson Boulevard, and urging the Cites of Opa-Locka and Miami Gardens to do the same Resolution codesignating and urging the City of Miami to co-designate NW 12th. Street from NW 12th Avenue to NW 14th Avenue as Judge Manny Crespo Street • Resolution amending Resolution No. R-243-84 to expand the codesignation of that portion of SW 127th Avenue as Belen Jesuit Boulevard from SW 8th Street to SW 2nd Street Resolution approving South Miami Community Redevelopment Agency (SMCRA) fifteen year line of credit (LOC) in the amount of $2,730,000 secured by tax increment revenues to be used by SMCRA for the Madison Square Development Project; and approving related amendment to the Community Redevelopment Plan and the Interlocal Agreement to provide that the sunsetting of the CRAs plan and the CRAs delegated power to implement the plan is extended for a period of fifteen years to June 1, 2020 • Resolution relating to an application by Flagstone Island Gardens, LLC and the City of Miami for a Class I Permif to dredge 15.81 acres of submerged bay bottom for the creation of a 50-slip mega yacht marina located on Watson Island in the City of Miami, a request for a variance from Section 24-48.24 of the Code, to allow the placement of non-water dependent fixed structures over tidal waters, and acceptance of a restrictive covenant running with the land in favor of Miami- Dade County All interested parties may appear and be heard at the time and place specified. The proposed ordinances listed below will have a Second Reading to be considered for enactment by the Board at the time and place specified • Ordinance amending Chapter 8B and 8CC of the Code to include requirement that loose objects in outdoor locations be secured when a severe weather advisory is issued to prevent such objects from becoming projectiles during a severe weather event; establishing penalties • Ordinance amending Section 31-82 (Q) (5) of the Code, relating to vehicles for- hire; reducing the time period within which new taxicab licenses may be transferred by twenty and twenty-five year drivers who are at least 62 years of age at the time of issuance • Ordinance creating. Wellfield Protection Zones for the South Miami Heights Wellfield Complex - ; amending Section 24-5 of the Code, providing definitions; amending Section 24-18, of the Code, relating to operating permits; amending Section 24-43 of the Code, relating to protection of public potable water supply wells; amending Section 2443.1 of the Code, relating to liquid waste storage and disposal methods and potable water supply systems , Ordinance pertaining to Zoning; amending Section 33-7 of the Code pertaining to minimum lot areas and yards Ordinance relating to zoning and other land development regulations; providing for the Perrin Community Urban Center Zoning District; creating Sections 33- 284.99.6 through 33-284.99.13 of the Code • Ordinance amending Sections 32-202, 32-203, 32-204, 32-205 and 32-206 of the Code; modifying maximum amount to cpnstruct water and sewer facilities; modifying the amount of special water and sewer construction connection charges for buildings and properties in the downtown Kendall Urban Center District; specifying the area in which the charge applies • Ordinance amending bid protest procedures in Section 2-8.4 of the Code to shorten the time to file a bid protest from ten days to three working days All interested parties may appear at the time and place specified. A person who decides to appeal any decision made by any board, agency, or commission with respect to any matter considered at its meeting or hearing, will need a record ofpro- ceedings. Such persons may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based, Miami-Dade Countyprovides equal access and equal opportunity and does not discriminate on the basisofdisabhltlyin fts�pmgrams orservkes. Formaterialin affernate format, a sign language interpreter or other accommodation, please call 305-375-3943 HARVEY RUVIN, CLERK KAY SULLIVAN, DEPUTY CLERK APB Neighborhood Petition, /C., am in support of the Property Owner at 6540 Manor Lane being allowed to change the current Single Family zoning to Townhouse Residential RT-6. Which would allow two- town homes to be built on the lot. Print Name Address Phone i 2. ..� C►�tC �iCP -CC�� c� rts5f llliat��r �cxvi 3. '% `' S 6 f �' �3 D3� �a !07,371, 4. 4/q 2—MAk&-,L LOw 5. 300 if3q- zM 7. 8. 9. 10. } l i i Sob Welsh 7437 SW 64 Ct: 305 -667 -4176 Dez:r Sirs Gnd Madeams of tt:,e Planning Bo«rd Wher. confronted with the possibility of a land 'use change frcm residomtJ.al to office of both the vacant lct and t Le single-family residence that Andy HE:rskow ..tz owns at the end of Manor Lane, Eric Racml zky zmd I circulat Ed a petition in opposition. 148 South btiam' residents; signed it. In it they expressed they opposition to anything but resi- dential use. They expressed opposition to zinythir,g but single family use for the existing rouse but left. open tY;.e po'ss'ibility of a. zoning change from single family to duple:: , for the Granting a zoning 'chancre frow. _ RL -3 to R ?-6 would satisfy our w_..shes . scant lot. It would. offer a low- density transition between the office at 6600 S6; 80 St and the Manor Lane neighborhood. Respectfully fours, want a 26,00a square foot office - �' 7 arking spaces on Manor Lane parcel it p o ej3piE who .live in the manor Lane Neighborhood it residence at 6540 Manor � opposed to anything but a single family ,,aCe opp r--Lane and anything ut a single family or duplex residence being built .n9 in the vacant lot next to it. PHONE# ADDRES S _ PRINT - NAME O 6Z7d7 -----r - -b-� - -f- - -b-�-0 - - s _ _ 7A, } V - - 6 iv TLS S _ -- _ -- -- se..-- - - - - -- �0 5 _� ( )_-s z ° 3 �_� � MA &ILL 5 3zG Cr f 12 4—shCal 0 z — ;." _r /, , I - / �Z, 15 G 4 5 y ^G —_ 13/ - -_ - -_ - - - - - -- � _ 6 �7 ----- - - - - -- - 6 3 C 3� �G 7 _ -6- -- -_ - -_ - - -- - -- - -- { -------------------- 7 M(i _2 rL t office - M 6,,'71/L/ Cj t a 26,000 square f oo office wan nor Lane. parking spaces on M a parcel it p 9 who live in the Manor Lane Neighborhood _ le family residence at 6540 Manor are opposed to anything but a sing built t a single family or duplex residence being Lane and an bt to it. 9 in the vacant Lot next ADDRESS PHONE* PRINT - NAM s� o„� 6= �� _ - - - - - -- -y_e- -- - - -- q r - S 2 k_ - ofc Z 4 - - -- V ------------------ -" -__ _ - -- _w �_s P_L _ - -- - - - -- -------- �'� �- ° �? -- - -- -- � �?=-- _ a 6 s y�� - 1 7_�i5_M c��? --_- - - -- � -� - -5 - � ��, -�f�.� -mss 19_1_ y w - - - - - -- - p _ ✓___-- - - - - -- — - Les , -e- ✓�1.Q..t��L_ 7 /13-=-- -�--�J �1. 5----- ------------ 76 3 want a 26,000 square foot office parce it - 7 parking spaces on Manor Lane. tot ]Jerryte who five in the Manor Lane Neighborhood \-n are opposed to anything but a single family residence at 6540 Manor Lane and anything but a single family or duplex residence being built in the vacant lot next to it. PRI 4T ILI ADDRESS PHONE# ( 103 C. "--�(o6 --3ty $_�- !`?r�c1 �__ S_sw 7T /. r r .�.9s�'.b 6/_ -700Z- ---------- (z) 1— °!fL!�Id�— 'f.: -� 330,5 _C � _ O S_ 66a- 2 z/ ? 12 __ L �_l`C vr_Y___� �1?- _�S�W -Io3 14 �f J .CL S G �' �i ./� l` - Co717 7 F rrG n X_ Cll eel, e G�- a3 7,*30 � Y want a 26,000 square foot office parcel it 27 parking spaces on Manor Lane. # e People who live in the Manor Lane Neighborhood are opposed to anything but a single family residence at 6540 Manor Lane and anything but a single family or duplex residence being built in the vacant lot next to it. PRINT - NAM ADDRESS PHONE# _ U- 1�.__ _ . ��.__ __.�_______________________�___ 2 1�ZL::-u_ 7LOt1E5 � '! G L, 2u'_ -7.2 L Tom_ _,�° _ + „ 7 3 . . 65°a-3 G 305 4 v +S� `76 �S� • 305-- 04.4.6 ?53t Std? ? % ve - -- -3 669-- 9_ -_n0 12 G 9 3c� X 66 9 -�l Y n LL f� 3 o:5�- .Lek 2 � ArT e -Tbrae, r—e ZL 7.1 J want a 26,000 square foot office parcel ith 7 parking spaces on Manor Lane. # E People who live in the Manor Lane Neighborhood are opposed to anything but a single family residence at 6540 Manor Lane and anything but a single family or duplex residence being built o in the vacant lot next to it. PRINT NAME ADDRESS PHONE# :LZLL C- 0 �- 7_ �L o_:L3 - - -- --)10 r I 4t-1 1 5 Sr.J_ (o_�J_'►! — — — jy/ C ��1�� qU a3 - -- want a 26,000 square foot office pareel it 7 parking spaces on Manor Lane. parcekit IV t e ,eII ix to who live in the Manor Lane Neighborhood CIV are opposed to anything but a single family residence at 6540 Manor Lane and anything but a single family or duplex residence being built in the vacant lot next to it. PRINT - NAME ADDRESS PHONE# 1 3-- ��ck�,Or�-�z �t�la��►� 5�►11erf G�s��- ��_T�rr- __3��3:�`7/D 5 4_TC 1 p� SOS _ 1 _ __ 115- _--- - - - - -- tL 6 LTG - - -� 3�.? 5 PJa - - - - - -- -S _ � - --mss- 12 5i T s 7 (q`- © NZ'j F 4 7,u -a R R G S�f Stir areg- 80.5- 44 b.3�� a3 Q want a 26,000 square foot office parcel it parking spaces on Manor .Lane. 0 t4r 1jerrple who live in the Manor Lane Neighborhood are opposed to anything but a single family residence at 6540 Manor Lane and anything but a single family or duplex residence being built in the vacant lot next to it. PRINT - -NAME ADDRESS PHONE# iL 2-/- 5_ (0 990 7 -TEIPR _ -305 10_Ljes _ (osLe,r_ 6 1 15_E +`� Al-liq--1 _ h e 6175 5W �7 So / a �, Sw - -� - -- �v Lv_ ULS�_ X35 Q want a 26,000 square foot office parcel it parking spaces on Manor Lane. toe Perryfewho Five in the Manor Lane Neighborhood are opposed to anything but a single family residence at 6540 Manor Lane and anything but a single family or duplex residence being built in the vacant lot next to it. PRINT - NAME ADDRESS PHONE# S v_i i'ob Av 6- 6g " 2----- - - - - -- - - ZSZ a $� b�L.o� 717 9 _ _ _ Ism? 'D -ell -Ze-S)z IEDJ�2�1&7 kz(vq /-?�� _ T - -� Vigor 7 os l X77 3 _E?C� �1 _ S W 6 4 ✓� - -- - - --� -- - t Il - - - - -- � 55, 1a o r Z-a q e os 66 Oslo e CCrrt 10- vi� -)� ( - ---- o --- - -- - - -- ------- - - - - -� - 7 C,4(Ln -r L4-0- - - -6SS 1 /f%l a.vo�_L11 -6- 12 _ ---------------------------------- - - - - -- 13 - -- -- - ------------------------------ - - - - -- - -- 14- - -- - - -- - ------ - - - - -- - -- --------- - - - - -- 1 5 - - -- - - -- - -- - ------------------ - - - - -- - - - 1� - - - - - -- - - - -- - - - - -- - - -- -- -- - - - l 7-- - - - -- - ---------- ---- -- - - - - - -- - - -- - = - - --- - _a 3 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 purse 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 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 (c) Membership, terms. Members of the committee shall be appointed by the Mayor as provided for by the City Charter. The Mayor shall attempt to include representatives of the local business community, residents, and accounting and finance experts, in the membership of the committee. The initial appointments to the committee shall be for a term that expires on Oeteber- 1, 200- December 2006. Appointments to fill any vacancy on the committee will be for the unexpired term. The City Manager or designee may serve as an ex officio member of the committee. (d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city hall at a convenient time to be decided by the committee members. The members may change the place and time of a particular meeting by motion and a vote of the majority of members present at a regularly scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to hold meetings and take action. Additional special meetings may be scheduled and notice shall be given, as provided in the city code for special meetings of the city commission; provided, however, that scheduling special meetings shall require the vote or written request of a majority of the members. The committee shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all meetings. In the absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings shall be properly noticed, open to the public and minutes shall be kept by recording and in written form. Members shall serve without compensation. (e) Administrative assistance. The City Manager or designee shall provide the committee members with copies of quarterly and annual financial reports for the general budget and retirement accounts as soon as they are available following the close of the quarter and the fiscal year. The annual audit report and the proposed budget shall be delivered to the committee members not later than the date they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other account reports shall be made to the City Manager or designee and shall be provided to the Committee in a timely manner. The City Manager or designee shall provide assistance to the committee, provided that all requests are submitted in writing. Should the City Manager find any Committee request for information or assistance unreasonable or disruptive to the normal operations of the City, the City Manager may deny the request, providing to the Committee written grounds for the denial. The Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission. (f) Reports. The committee shall prepare a report of its budget and finance review to the City Commission at or before the first public hearing in accordance with subparagraph I(b). (g) Sunshine laws. All meetings of the committee and of any two or more persons appointed to the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All documents, including email communications, prepared by the committee or a committee member are public records. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be effective immediately after the adoption hereof. Page 2 of 3 I PASSED AND ADOPTED this day of , 2006 2 3 4 ATTEST: APPROVED: 5 6 7 8 9 CITY CLERK MAYOR 10 11 Ist Reading COMMISSION VOTE: 12 2"a Reading Mayor Feliu: 13 Vice Mayor Wiscombe: 14 READ AND APPROVED AS TO FORM: Commissioner Palmer: 15 Commissioner Birts: 16 Commissioner Beckman: 17 18 19 20 CITY ATTORNEY 21 22 23 24 25 26 JA\My Documents\resolutions \Ordinance budget and finance committee.revised.doc Page 3 of 3 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 CITY COMMISSION MEETING FOR SEPT. 19, 2006 in the XXXX Court, was published in said newspaper in the issues of 09/08/2006 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 thi dverti en r publication in the said newspaper,/' ", 1A7 1 Sworn to and subscribed before me this 08 day PTEMB 2006 (SEAL) O.V. FERBEYRE personally known to me �PC& Maria I. Mesa My Commission DD293856 a ExP+w March 04,, 2008 Avon. 071:; 1� 60, ow out some I C1 I Nodiffig goes better EUROPEAN PROGRAMS* 10 Days Beautiful Italy Venice / Florence /Pisa/Rome Mad d . nP ds "12 Z $ JA 81* $820 MadiriclAandan/Parris 11 D* 51,410 Sevilla /Graimale 9D* $720 MachriVTOrtessels Anduludea & Levarde kle-iwooli.9 Dolls $770 knuchard. 12D* $ IA30 OLE SPAfM M - 1311* $950 Madmi/Exicirdim/Paris 110D* $11115S Conk5als*/YrAdW0iIxm `Plus Airfare �/BudapeslNama 5860 OROUP Od 6. A.U.021 MIAMI Include: Mendoza, Andean Crossing, Santiago do Chile, Villa del Mm, Vallicandsojuarle Moat Lakes NW— iii, Poula, Budleds, heposilims. Z 70 lbrilildroliale MM LubkL Lake Cam, Miles, Vaidm, floncesce, Piul,* Rome. $2,01, December 29 - Juno rya� 7 flights. Now Yours Cruise in Illusion Peod include: Costs Map, St. Tones de CasIRIa, Berge I CD from $7., I =AIIILAIIAI 1A1IF1.A.h1mAr1911�Ncpku1 Cid. 28 To : -From $68 1. it ibch� COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 19, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission Will hol Public Hearings to consider the following items: AN ORDINANCE 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. AN ORDINANCE AMENDING ORDINANCE N0.15 0'-' RELATING TO BOARDS AND COMMITTEES;, AMENDING SEC.2-26.8 OF THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE; AMENDING I MEMBERSHIP TERM. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE CONSTRUCTION OF A SCENIC OVERLOOK/ FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56m STREET. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E)f3) OF THE LAND DEVELOPMENT CODE FOR THE PLACEMENT OF AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING), Above items can be inspected in the City Clerk's Office, Monday - Friday 1 during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305-663-6340. ALL interested parties are invited to attend and will be heard, Maria M. Menendez, CMIC City Clerk Pursuant to Florida Statutes 286.01 a5, the City hersby 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 o the proceedings, and that for such purpose, affected Person my need ensure that a verbatim record of the momedincis is made which record indud. HIR South Miami AI- Am�icel�iY CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER I �® 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 19 2006 - ITEM No. 1A_ 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 CONSTRUCTION OF A SCENIC OVERLOOK/FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56th STREET; PROVIDING AN EFFECTIVE DATE. APPLICABLE REGULATIONS 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 approval of the Historic Preservation Board and the City Commission in the form of a "certificate of appropriateness" (COA). 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. APPLICANT'S REQUEST Applicant- City of South Miami, Public Works Department In FY 2001 -2002, the City received a grant from the Florida: Land and Conservation Funding Program for improvements to Brewer Park. The placement of scenic overlook/fishing pier at the canal was part of the improvements to be funded, however the construction of the overlook/pier was not started until this year. The construction of this element requires the issuance of a building permit and a Certificate of Appropriateness due to its location within the historic district. The location of the park improvement is part of the Cambridge Lawns District Historic Designation which was designated by the City Commission on October 5, 2004. The zoning on the property is "PR (HP- OV)" Parks & Recreation (Historic Preservation — Overlay). HISTORIC BOARD ACTION The Historic Preservation Board at its August 28, 2006 meeting recommended approval of the proposed scenic overlook/fishing pier by a vote of 5 ayes 0 nays. (Note: Several Board members suggested that the Public Works Department consider making the vertical columns on the walkway more opaque for safety reasons.) RECOMMENDATION Approval of the proposed scenic overlook/fishing pier. Backup Documentation: Resolution Planning Department Staff Report (includes site plan) Historic Preservation Board Minutes Excerpt 8 -28 -06 Public notices DOD /SAY P: \Comm Items\2006 \9- 19- 06 \COA 6300 SW 56 Str CM report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 CONSTRUCTION OF A SCENIC OVERLOOK/FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56th STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami Public Works has submitted Application No. HPB -06 -009 to the Historic Preservation Board at its August 28, 2006 meeting, said application requesting a certificate of appropriateness for the construction of a scenic overlook/fishing pier in Brewer Park which is included in the Cambridge Lawns District Historic Designation; 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 August 28, 2006 meeting adopted a motion by a 5 aye 0 nay vote recommending approval of the proposed scenic overlook/fishing pier in Brewer Park; 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 -009 requesting a certificate of appropriateness for the construction of a scenic overlook/fishing pier in Brewer Park which is included in the Cambridge Lawns District Historic Designation, is hereby approved. Section 2. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of September, 2006 SIGNATURES ON FOLLOWING PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: C: (Documents and Settings Mothstein My DocumentslReso- OMICOA 6300 SW 56 Sir Sunset ResoL doc 2 CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD To: Historic Preservation Board From: Don O'Donniley Planning Director Date: August 28, 2006 Re: HPB -06 -009 COX Scenic Overlook 6300 SW 56" Str. Brewer Park Applicant: Department of Public Works, City of South Miami Location: 6300 SW 56t' Street — Brewer Park Request: Construction of scenic overlook/fishing pier APPLICABLE LDC REGULATIONS The location of the park improvement is part of the Cambridge Lawns District Historic Designation which was designated by the City Commission on October 5, 2004. The zoning on the property is "PR (HP -OV)" Parks & Recreation (Historic Preservation —Overlay). APPLICANT'S REQUEST: In FY 2001 -2002, the City received a grant from the Florida Land and Conservation Funding Program for improvements to Brewer Park. The placement of scenic overlook/fishing pier at the canal was part of the improvements to be funded, however the construction of the overlook/pier has not been initiated. The construction of this element requires the issuance of a building permit and a Certificate of Appropriateness due to its location within the historic district. STAFF OBSERVATIONS (1) In order to meet a deadline for use of the funds, the City has imitated a fast tract bid and construction program. This issue was brought to the attention of the City Commission at its August 15, 2006 meeting at which time the Commission adopted a resolution authorizing a service work order for construction. (see Resol. No. 153 -06- 12294) (2) The renovation and upgrade plans for Brewer Park were presented to the Historic Preservation Board on June 2, 2003 as a discussion item. There was no action taken at that time. (3) Attached is a copy of a Site plan (June, 2005) for the property which shows the location of the overlook/ pier at the most southern tip of the park abutting the canal. Also attached is a one page construction plan and elevation for the overlook. RECOMMENDATION The proposed overlook and fishing pier is an appropriate addition to the Park. It's location and treated wood construction is compatible with the historic district. Attachments: Site Plan Construction plan /elevation City CC m. resolution DODZ;A df/ P: \HPB Historic gd1FIP6 Agendas Staff reports\2006 \8 -28 -06 \HPB -06 -009 Brewer Park Overlook.doc RESOLUTION NO. 153 -06 -12294 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 THE LOWEST RESPONSIVE BIDDER FOR THE CONSTRUCTION OF SCENIC MANATEE OVERLOOK/FISHING PIER IN AN AMOUNT NOT TO EXCEED $20,000 TO BE CHARGED TO THE LAND AND WATER CONSERVATION (LWCF) GRANT ACCOUNT NUMBER 001- 0000 - 131 - 1461; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide a Scenic Manatee Overlook/Fishing Pier at Brewer Park; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a service work order with lowest responsive bidder for the Scenic Manatee Overlook/Fishing Pier construction in an amount not to exceed $20,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute a service work order with the lowest responsive bidder for the Scenic Manatee Overlook/Fishing Pier construction in an amount not to exceed $20,000. Section 2: That the project's construction cost shall be charged to Florida Department of Environmental Protection, Land & Water Conservation Fund Program account number 001- 0000 -131- 1461 with account balances of $32,962.08. Section 3. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this day of , 2006. EST: APPROVED: -'CITY CLERK— READ AND APP TO FORM: COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea CITY NEY Commissioner Birts: Yea Commissioner Beckman: Yea Include File Name and Path ou • VN 1 927 7 RI� CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MONDAY, AUGUST 28, 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: Ms. Clyatt, Ms. Chael, Mr. De La Ruiz, Mr. Kurtzman and Ms. Shelley Board members absent: Ms. Dison, 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 -009) Applicant: Department of Public Works Owner: City of South Miami Location: 6300 SW 56 Street — Brewer park (Cambridge Lawns Historic District) Request: Construction of scenic overlook/fishing pier. Action: The Board, staff and applicant discussed the request. Mr. O'Donniley provided a brief summary about the Brewer Park improvements. Mr. O'Donniley indicated that in Fiscal year 2001 -2002, the City received a grant from the Florida Land and Conservation Funding Program for improvements to Brewer Park. He explained that the placement of scenic overlook/ fishing pier at the canal was part of the improvements to be funded; however the construction of the overlook/fishing pier has not been initiated. Furthermore, he informed the Board that the Brewer Park improvements had been presented to the Environmental Review and Preservation Board (ERPB) on two different occasions and received positive comments from the ERPB. In addition, the construction of this element requires the issuance of a building permit and a Certificate of Appropriateness due to its location within the historic district. HPB Minutes August 28, 2006 Page 2 of 2 Ms. Chael expressed appreciation for the improvements that have taken place in Brewer Park. In addition, Ms. Chael suggested that in regards to the fishing pier an alternative railing detail be looked into. Also, several Board members recommended that the Public Works Department consider making the vertical columns on the walkway more opaque for safety reasons. At this time, Mr. O'Donniley provided the following staff observations: (1) In order to meet a deadline for use of the funds, the City has imitated a fast tract bid and construction program. This issue was brought to the attention of the City Commission at its August 15, 2006 meeting at which time the Commission adopted a resolution authorizing a service work order for construction. (see Resol. No. 153 -06- 12294) (2) The renovation and upgrade plans for Brewer Park were presented to the Historic Preservation Board on June 2, 2003 as a discussion item. There was no action taken at that time. (3) Attached is a copy of a Site plan (June, 2005) for the property which shows the location of the overlook/ pier at the most southern tip of the park abutting the canal. Also attached is a one page construction plan and elevation for the overlook. Recommendation: Staff recommended that the proposed overlook and fishing pier is an appropriate addition to the park. Furthermore, its location and treated wood construction is compatible with the historic district. Motion: Mr. Kurtzman moved to recommend approval of the proposed scenic overlook/fishing pier. Ms. Chael seconded the motion. Vote: Approved 5 Opposed 0 DOD /SAY /pel KAHPB Historic Bd \HPB Minutes\2006 Minutes\HPB Mins 8- 28- 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 CITY COMMISSION MEETING FOR SEPT. 19, 2006 in the XXXX Court, was published in said newspaper in the issues of 09/08/2006 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 th>,-ffdverti;an1Fn_nyr publication in the said newspaper, / , e Sworn to and subscribed before me this 08 day PTEMB 2006 doe (SEAL) O.V. FERBEYRE personally known to me .60 � Maria I. Mesa • My Commission DD293855 % Expires March 04,, 2008 "How about some cr Nothing goes better �_Zunlopr-111 PROGRAMS* 10 Days Beautiful Italy Venke/Florenog/PisOome $9W Mad Moun 1P . Vs Wndon 80�, $I$'490 790 adon/h, BD* $820 OLEESPAlN11 Madrid/ MadriciAtendent1aris 11 Days 51,940 5011111111 /Ginolintalla 9D* $7211111 Ld6teris/lirusseh 12D* $1A30 Andalucia& Levanhe kinkiwanil.9licy; $770 OLE WAM III - -13D* $950 Madricii1ouncleVisaris 101)* $855 QmkinsWrAdinsuAlsbon `Plus Airfare N"~044,Y— . $8111110 . GROUPS al f" 0.6. L.Mr. M5 d. . lndWL - Mendota, Andoon (rossing, Somfiap 6 Chile, rino del Mon, vullimavi.—. Mom takes saing, Peelle, builAe Stesessillres. 2.70 $2,05R, December 29 - January 5 7 Rights mulnues us, in Norereakin Pend include- rods Maya, St. lamas de (milk Islas 9 (orumeffrom 619 $74 =AMUAS&,,GRANADINA- From kuba,,,Iklin,, �ca0Asi,,MsdF(ftAt- Vinumi/larbodoil — tdodP lid. 8 To ', I 2 11128 -From us COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 19, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE 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. AN ORDINANCE 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, A RESOLUTION RELATING TO THE- ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5,19(E)(3) OF THE LAND DEVELOPMENT] CODE FOR THE CONSTRUCTION OF A SCENIC OVERLOOK/ FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56" STREET. A RESOLUTION 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 AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). Above items can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305-663-6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public . that It a pew decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or ffadmi, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbafinn record of the moceedinas is made which record Inchalae the teetimmu and AVAnn-..-n � § � § ; 22 ( � ( ' ( } km |( Z' z \ / D �! /3 . \ �) . \§ �/ ^ -- :Rig �� ( § II� , \)\ .a ! % q _ : + �- / -V m > %o : \'� / . } \.. } D� OF H y&m �\ 0 / In. | 20 $ r `� ®2§ m�RRARKOVERLOOK 222; / _ |�a ~ &2E °Sm, R3oa r ■, (D & _ \ ,� , . 4 < a _ _ 0 O i 12' -O" >. 1 I 0111-4 IM i � I i 1 o I I I I I L I 1 I I I 1 � I i � I I @ �1 c J � I I I � I I 1 � I I 1 I I I I I 1 I I I I 1 s I 1 oA• o i i 1 i I I I y Oy rnX x per°: l rn I Oy I i 1I n° A A m 1 � 11 1 III �I I A Field \ �.I M Verify 3' -6 114' I m Field O (6 I +, +a `�� 0 VariFy 3' -6 1/4' ��' yY co 3 LD N n 7f1 rt \\ AA n Da 4 ° d O D O �A $ co m - o aa po '- m m: r Field -. arif 1't z � � m A tv r R8 C R i Z L ay � u -U rn O D� 0 Z-1 n of `o e. I v a n 71 E o <O c i N 0 -0 N \ i I - O L z po (D _ n A S O' � � � o N _p 0 O� _ rn To 0-4 n'0 r to R - 2' -7" ' -0 y 4 ,=T, a yy _ �° " New Conshucflon tor: N y m m y N n m D Y3 �� m o a¢3�o ooz "= CITY OF SOUTH MIAMI �. - ' • 20 y � N m BREWER PARK OVERLOOK _ (D ( Hal ' �i i SOUTH MIAMI, FL 33043 0 • _w CA cn CA E. r rn O �X IL D N 0 �.• O 3 boo ' f« y Oy rnX x per°: l rn I Oy I i 1I n° A A m 1 � 11 1 III �I I A Field \ �.I M Verify 3' -6 114' I m Field O (6 I +, +a `�� 0 VariFy 3' -6 1/4' ��' yY co 3 LD N n 7f1 rt \\ AA n Da 4 ° d O D O �A $ co m - o aa po '- m m: r Field -. arif 1't z � � m A tv r R8 C R i Z L ay � u -U rn O D� 0 Z-1 n of `o e. I v a n 71 E o <O c i N 0 -0 N \ i I - O L z po (D _ n A S O' � � � o N _p 0 O� _ rn To 0-4 n'0 r to R - 2' -7" ' -0 y 4 ,=T, a yy _ �° " New Conshucflon tor: N y m m y N n m D Y3 �� m o a¢3�o ooz "= CITY OF SOUTH MIAMI �. - ' • 20 y � N m BREWER PARK OVERLOOK _ (D ( Hal ' �i i SOUTH MIAMI, FL 33043 0 • _w CA cn CA E. South Miami AFAUftCRY I F -— . CITY OF SOUTH MIAMI � INCORPORATED OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager �I From: Don O'Donniley, Planning Director Date: September 19, 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 AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. APPLICABLE REGULATIONS 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 the approval of the Historic Preservation Board and the City Commission in the form of a "certificate of appropriateness" (COA). 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. APPLICANT'S REQUEST Applicant- Francisco Georgi (Baya Desert Design) The signage is to be located on the Shelley Building a designated' historic building which was designated by the City Commission on April 18, 2006 by Ord. No.13 -06 -1881. The zoning on the property is "SR (HD- OV)(HP -OV)" Specialty Retail (Hometown District Overlay Zone) (Historic Preservation — Overlay). The applicant occupies a second story office in the designated historic building. The applicant is requesting approval for: a 3 ft square hanging sign within the first floor arcade. The sign would hang perpendicular to the doorway leading to the second floor of the building. (See attached applicant's material). The Planning Department staff had concerns that the proposed sign contained information beyond the name of the business and because the existing hanging signs lack any continuity of design, size or shape. The Department further found that there were no permits obtained for the current hanging signs in the arcade. HISTORIC BOARD ACTION The Historic Preservation Board at its August 28, 2006 meeting recommended approval of the proposed sign by a vote of 5 ayes 0 nays with the condition that-any future changes involving the hanging signs will require the owner of the property to submit a signage plan. RECOMENDATION: It is recommended that the proposed hanging sign (limited to. the business name) be approved with the condition that any future changes involving the hanging signs will require the owner of the property to submit a signage plan. Backup Documentation: Resolution Planning Department Staff Report (includes COA Application and graphics) Historic Preservation Board Minutes Excerpt 8 -28 -06 Public notices DOD /SAY P: (Comm Items120M9- 19 -MCOA 5851 Sunset DR 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 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 AN EXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. WHEREAS, Francisco Georgi has submitted Application No. HPB -06 -008 to the Historic Preservation Board at its August 28, 2006 meeting, said application requesting a certificate of appropriateness for an exterior hanging sign for the business Baya Desert Design, located at 5851 Sunset Drive which building, the Shelley Building, is a designated 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 August 28, 2006 meeting adopted a motion by a 5 aye 0 nay vote recommending approval of the subject application for the installation of the proposed hanging sign with the condition that any future changes involving the hanging signs will require the owner of the property to submit a signage plan. 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 -008 requesting a certificate of appropriateness for an exterior hanging sign for the business Baya Desert Design, located at 5851 Sunset Drive which building, the Shelley Building, is a designated historic site, is hereby approved subject to the following conditions: 1. The hanging sign (limited to the name of the business only) shall be as delineated in the applicant's submission to the Historic Preservation Board at its August 28, 2006 meeting; 2. That any future changes involving the hanging signs will require the owner of the property to submit a signage plan. Section 2. This resolution shall be effective immediately after the adoption hereof. 1 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 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY , day of September, 2006 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: C: (Documents and Settings Mothstein My DocumentslReso -OrWOA 5851 Sunset ResoL doc 0 # i CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD To: Historic Preservation Board From: Don O'Donniley Planning Director Applicant: Francisco Georg! Location: 5851 Sunset Dr. Request: Signage installation Date: July 31, 2006 Re: HPB -06 -008 Signage Installation 5851 Sunset Dr. APPLICABLE LDC REGULATIONS The location of the signage is on a designated historic site known as the Shelley Building, (5837 Sunset Dr) which was designated by the City Commission on April 18, 2006 by Ord. No. 13- 06- 1881. 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 occupies a second story office in the designated historic building. The business, Baya Dessert Design, is an on -line company which specializes in selling deserts. The applicant is requesting approval for a 3 ft square hanging sign within the first floor arcade. The sign would hang perpendicular to the doorway leading to the second floor of the building. (See attached applicant's material) STAFF OBSERVATIONS (1)A hanging sign as proposed, is within the size limit (3 sq. ft.) set in the Code for a hanging sign. The regulations in Sec. 20 -3.4 states that: "One (1) HANGING SIGN per establishment, not to exceed three (3) square feet in area each. Signs shall be uniform in size and design within a single property, but may vary in lettering style and color, provided that they are compatible and coordinated with other signs for individual establishments in the same development. Indirect illumination is permitted." (2) Staff has reviewed the existing hanging signs within the arcade. The current signs are all of different design, size, shape and material. Other the years these signs have been placed without concern for uniformity of design or consistency of appearance. (3) The sign contains information (web address) which is beyond the name of the establishment. RECOMMENDATION As a designated historic site it is appropriate for the City to encourage a more consistent and compatible design for building signage. It is recommended that the sign application be deferred; and that the owner of the building be requested to submit a hanging sign plan which will provide a coordinated and more uniform design. Attachments: Certificate of Appropriateness application DOD/SAY) ,1 ,V P: \HPB Historic Bd \HPB Agendas Staff reports\200617 -31 -06 \HPB -06 -008 5851 Sunset Dr.doc CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Florida 33143 305- 663 -6326 HISTORIC PRESERVATION BOARD CERTIFICATE OF APPROPRIATENESS APPLICATION (The Historic Preservation Board will act on completed applications only.) SECTION I C PROPERTY ADDRESS 3Z5t�(3+�� HISTORIC NAME (IF ANY) LEGAL DESCRIPTION OWNER UTC V PHONE �NUMBER � XL � � � ' �� r i ADDRESS k00 Qe� 128C-16 � (� 1 � <,J� -'�✓ \ t l tak i , t(I 1 APPLICANT - 1.��` �J `�� ( PHONE' NUMBER � • d0 91, ADDRESS' 1 KYJ" i I (+ (lam, ARCHITECT OR ENGINEER PHONE NUMBER SECTION 2 PLEASE INDICATE THE CATEGORY WHICH BEST DESCRIBES THE WORK TO BE PERFORMED (SEE ATTACHED SHEET) type mark below type mark below type mark below MAINTENANCE/REPAIR not i)c, w- REHABILITATION cAnj Jtbign NEW CONSTRUCTION il t5 Q�f( d-ed RESTORATION DEMOLITION OTHER SECTION 3 DESCRIBE THE PROPOSED WORK (A BRIEF NARRATIVE): A (8"x 2,q" 51y�. Thsz r Than flu- o�fi�r .515n5 -- th(cj- CjW (a fik2 Gofrrdor,. IN- -5f O not i)c, w- LiOl t. -t-k-Q- o(4-- cAnj Jtbign of this il t5 Q�f( d-ed SECTION 4 ATTACH THE FOLLOWING SUPPLEMENTARY INFORMATION (IF APPLICABLE): site plan floor plan elevations(s) photo(s) survey color sample material sample _ other (describe) Sl . (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 finish s - n I, : t i AS OWNER OF THE ABOVE- REFERENCED PROPERTY DO HEREBY AUTHORIZE THE FILING OF THS APPLICATION ON MY BEHALF. �7-e V (,/)r S' J f )1-/ HPB USE ONLY DATE RECEIVED: HPB MEETING: Oct.2004 PERMIT N0. E:\HPB Historic Bd\HPB Misc \Certificate of appropriate project\Cert. of Appropriateness Appl.doc Sunset 58, LLC 7600 Red Road Suite 124 South Miami, Fl. 33143 305- 284 -1214 July 20, 2006 City of South Miami To Whom It May Concern: We are the landlords for 5851 Sunset Drive, Suite A. We appro -ve the sign for Baya Dessert Design. that measures 18 x 24. If you have any questions, please call. Si lcerely, t` Y sie Anon Sunset 58, LLC " � . � �� \� : \ - - > - - � 2 vt . > � . � �� F I �D F: + P-t, 1 OCR E SOUT�t o � • INCORPORATES • 1927 A �OR-1 CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MONDAY, AUGUST 28, 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: Ms. Clyatt, Ms. Chael, Mr. De La Ruiz, Mr. Kurtzman and Ms. Shelley Board members absent: Ms. Dison, 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 -008* (continuation) Applicant: Francisco Georgi Owner: Dr. Steve Halegua Location: 5851 Sunset Drive (Shelley Building Historic Designation) Request: Signage Installation Action: The Board, staff and applicant discussed the request. Mr. O'Donniley explained the applicant occupies a second story office which is used for managing his on -line business called Baya Dessert Design that specializes in selling desserts. Furthermore, the applicant is requesting approval for a 3 ft square hanging sign within the first floor arcade. The sign would hang perpendicular to the doorway leading to the second floor of the building. In addition, staff indicated they had concerns that the proposed sign contained information beyond the name of the business and because the existing hanging signs lack any continuity of design, size or shape. The Board acknowledged staff's concern about the existing hanging signs lacking any uniformity in design, size or shape. In addition, the Board suggested an option in which the property owner HPB Minutes August 28, 2006 Page 2 of 2 would approach the tenants about providing signs that would have uniformity. Staff also informed the Board that the Planning Department found that there were no permits obtained for the current hanging signs in the arcade. At this time, Mr. O'Donniley provided the following staff observations: 1. A hanging sign as proposed, is within the size limit (3 sq. ft.) set in the Code for a hanging sign. 2. Staff has reviewed the existing hanging signs within the arcade. The current signs are all of different design, size, shape, and material. Over the years these signs have been placed without concern for uniformity of design or consistency of appearance. 3. The sign contains information (web address) which is beyond the name of the establishment. Recommendation: Staff recommended that as a designated historic site it is appropriate for the City to encourage a more consistent and compatible design for building signage. Furthermore, it was recommended that the sign application be deferred; and that the owner of the building be requested to submit a hanging sign plan which will provide a coordinated and more uniform design. Motion: Mr. Kurtzman moved to recommend approval of the proposed sign with the provision that any future changes involving the hanging signs will require the owner of the property to submit a signage plan. Mr. De La Ruiz seconded the motion. Vote: Approved 5 Opposed 0 DOD /SAY /pel KAHPB Historic Bd\HPB Minutes\2006 Minutes\HPB Mins 8- 28- 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 a1egal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING CITY COMMISSION MEETING FOR SEPT. 19, 2006 in the XXXX Court, was published in said newspaper in the issues of 09/08/2006 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 IN dvertipnTgnlyr publication in the said newspaper,/' e Sworn to and subscribed before me this 08 day_,aSFPTEMB 2006 doe (SEAL) O.V. FERBEYRE personally known to me �opq Maria I. Mesa My Commission DD293855 Nap Expires March O4, 2008 N "How about som8 cr Nothing goes better MCI EUROPEAN PROGRAMS* 0 Days Beigivillfuil Italy Veniie/Florence/PisaLA6me----�$99o�I $790 Lossidori/hirk 8D* $820 =rrik'Asmdon, '12'Da $,-"" -mmim-Ainew MaddilAoradsmi/Paris IT Days; $1A90 Sevilla /Ordeada 911* $720 Arro=ari us 12D* $1,630 kdaludn & Lovante &j kwiwa*.9 D* $770 OUSPAFAM 13114p $950 Madrid/Lourdes/Paris ioD* $ess *Pitts Alrfin ORO A 0.6. %'d,!Tgf 151. n include: Mandate, Andean Crossing, Stefiago do Chile, Was del k Valises New lakes Wm—,FevI1u,Bmg&d%e Remakes. 6 -W17 0 New $11 Gulde by Mmuny b1sm. Lake Cam, Milan, Vanier, flormse, pim, Ask, Islas. $2,05 December 29 - January 5 7 Nights. New Year's Cruise in Norwegian Pead indude: Coo Maya, St. Imeas do Casitlila, Belize & Cmumo;( from $749 AKR LL S SG IImlros Aruba Ming AidslCmnooM MargarieAt. TinelViarlsalm/ =od. 2 BTo Pr 12F m68 g plus air Masi. COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 19, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE 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, AN ORDINANCE 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. A RESOLUTION RELATING TO THE- ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE CONSTRUCTION OF A SCENIC OVERLOOK/ FISHING PIER AT BREWER PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56e STREET. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF. APPROPRIATENESS PURSUANT TO I SECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT I CODE FOR THE PLACEMENT OF AN EXTERIOR SIGN ON A I DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET UNSET DRIVE (SHELLEY BUILDING). Above items can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305-663-6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statudes, 286.0105, the City hereby advises the public that 0 a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or he= or she will need a record of the proceedings, and that for such purpose, affe dgenmon on need to an a t=n d a verbatim record of the amceed[nas is made which record inclucipm th I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 5 FLORIDA LEGISLATURE, REQUESTING THE LEGISLATURE TO 6 IMMEDIATELY CONVENE A SPECIAL SESSION TO ADDRESS 7 THE CRISIS IN FLORIDA'S WINDSTORM INSURANCE MARKET; 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the State of Florida has always confronted the challenges and 11 dangers posed by tropical storms and hurricanes; and 12 13 WHEREAS, it is critical that Floridians have both affordable and available 14 insurance for the perils associated with windstorm damage; and 15 16 WHEREAS, to this day there are homes in various parts of Florida which still 17 have blue tarps on their roofs from the 2004 and 2005 hurricanes as insurance companies 18 are refusing to settle claims or are too slow in processing them; and 19 20 WHEREAS, the state organized Citizens Property Insurance Corporation 21 (Citizens), which was created to be a state "insurer of last resort," is now the largest 22 windstorm insurance provider in the State of Florida, issuing more than 1 million Florida 23 homeowner policies; and 24 25 WHEREAS, Citizens has proven to be fundamentally flawed, as it forces the state 26 to subsidize the risk of hurricane damage for Florida's highest -risk properties, while 27 allowing insurance companies to continually reap record profits at the expense of Florida 28 taxpayers; and 29 30 WHEREAS, during the 2006 Legislative Session, the Legislature refused to even 31 consider credible alternatives that might have stabilized the state's windstorm insurance 32 market, instead only considering proposals that were approved by the insurance industry 33 itself; and 34 35 WHEREAS, the Legislature specifically ignored HB 1209, which called for the 36 state to deliver a more affordable layer of insurance for all Floridians, an approach that 37 independent experts believed would stabilize the insurance market and provide much- 38 needed rate relief; and 39 40 WHEREAS, the Legislature, with virtually no input or debate, waited until the 41 late evening of the last day of a 60 -day session to pass SB 1980 (with a 77 -39 vote in the 42 House and 22 -16 vote in the Senate); and 43 44 WHEREAS, SB 1980 only made it easier for private insurance companies to 45 increase premiums without adequate oversight and removed important consumer 46 protections; and Additions shown by underlining and deletions shown by everstrikin . 1 2 WHEREAS, since the 2006 Legislative Session, significant numbers of private 3 insurance companies are dropping homeowners' policies, becoming financially insolvent, 4 or are continuing to double and triple premiums in some areas of the state; and 5 6 WHEREAS, each day more Floridians, including fixed income senior citizens of 7 our state, are unable to afford these obscene rate increases that are becoming 8 commonplace and casing some to give up their homes and condominiums, or make 9 choices effecting the very necessities that effect the quality of their lives; and 10 11 WHEREAS, commercial properties including small businesses, and critical 12 elements of our state's and city's economic infrastructure are likewise feeling the 13 devastating impact of unavailable or unaffordable windstorm insurance; and 14 15 WHEREAS, since May 2006 political leaders have been calling upon the 16 Governor and the presiding officers of the Legislature to convene a special session to 17 address this hurricane insurance crisis in a meaningful way; and 18 19 WHEREAS, the solution to the hurricane insurance crisis will require legislative 20 changes to Florida Statutes; and 21 22 WHEREAS, the Governor of the State of Florida has the authority to call a 23 special session of the Legislature under Article III, Section 3©(1) of the Florida 24 Constitution, and has used this authority to convene special sessions during his 25 administration for the purposes of amending Florida laws on tort reform and to intervene 26 with the end of life decisions of Terry Schiavo; and 27 28 WHEREAS, the Speaker of the Florida House of Representatives and the 29 President of the Florida Senate have the authority to convene a special session of the 30 Legislature under Chapter 11.011(1), Florida Statutes, pursuant to Article III, Section 31 3©(2) of the Florida Constitution. 32 33 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 35 36 Section 1. That the Governor of the State of Florida and the leadership of the 37 Florida Legislature are urged to immediately convene a special session to address the 38 crisis in Florida's hurricane insurance market. The Legislature's solution should 39 incorporate the following guidelines: 40 41 (1) Consideration should be given to proposals that will lead to the depopulation 42 of Citizens. 43 (2) Allowing private insurance companies more freedom to raise rates is not a 44 suitable solution for Florida's homeowners. 45 (3) As a substantive reform of the insurance market is needed, waiting on the 46 federal government to create a national catastrophe fund or creating hurricane- Page 2 of 3 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 related tax -free savings accounts is. insufficient to solve the current crisis in the hurricane insurance market. (4) The Florida Legislature should not be limited to only private market solutions which will continue the current status -quo of runaway premium hikes and tax assessments of Floridians. (5) Due consideration should be given to proposals which restructure or expand the Florida CAT fund, or create a larger reinsurance pool for insurance companies or a more affordable layer of statewide windstorm insurance. Section 2. The City Clerk shall send copies of this resolution to the Governor of the State of Florida, to the President of the Florida Senate, to the Speaker of the Florida House, and to each member of the Miami -Dade delegation in the Florida Legislature. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY JAMy Documents\Resolutions\reso insurance crisis.doc APPROVED: MAYOR Page 3 of 3 Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: 04 yo rj v MICOMOR�7Fo 1937 ORl9F 9 o� f� 014rac�l� HORACE G. FELIU MAYOR September 21, 2006 City Commission c/o Maria M. Menendez, City Clerk 6130 Sunset Drive City of South Miami 33143 Re: Calling a Special Meeting Honorable Members of the City Commission: 6130 Sunset Drive South Miami, Florida 33143 -5093 Tel: (305) 668 -2484• Fax: (305) 663 -6348 e -mail: horacefeliu@bellsouth.net This is to notify all of you that I am hereby calling a Special Meeting of the City Commission for Monday, September 25 2006 starting at 6.00 p.m. in the City Commission Chambers. The purpose of this meeting is to take care of items that require approval within the 2005 -06 fiscal year budget. The agenda is attached for your information. Sincerely, Horace G. Feliu Mayor Cc: Yvonne McKinley, City Manager Luis Figueredo, City Attorney South Miami brAIMA AII- America City 11.11 2001 South Miami M- America C tlt E CITY COMMISSION AGENDA Special City Commission Meeting Meeting date: September 25, 2006 Time: 6:00 PM Next Special Meeting date: September 26, 2006 (Final Budget Hearing) Next Regular Meeting date: October 3, 2006 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. 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 $39,213.10; CHARGING SPECIAL CITY COMMISSION 1 AGENDA - SEPTEMBER 25, 2006 $39,213.10 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 $39,213.10; CHARGING THE LEGAL SERVICES, NON - RETAINER ACCT W /CURRENT BAL$58,159.33) (City Attorney) 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FY ENDING 9130106) (City Manager) 3. 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 PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66TH STREET TO SW 68TH STREET IN AN AMOUNT OF $22,550 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 CHURCH ST FROM SW 66TH ST TO SW 68' ST IN AN AMT OF $22,550 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCT W /CURRENT BAL$24,339) (City Manager) 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CSM FOR SCHOOL CROSSING GUARD SERVICES) 3/5 (City Manager) SPECIAL CITY COMMISSION 2 AGENDA - SEPTEMBER 25, 2006 THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPF•'Al-CERS 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 C01► 4rSSION. " 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. SPECIAL CITY COMMISSION 3 AGENDA - SEPTEMBER 25, 2006 HORACE G. FELIU MAYOR September 21, 2006 oQ sourh v rxoaaoq•reo 1917 It City Commission c/o Maria M. Menendez, City Clerk 6130 Sunset Drive City of South Miami 33143 Re: Calling a Special Meeting Honorable Members of the City Commission: 6130 Sunset Drive South Miami, Florida 33143 -5093 Tel: (305) 668 -2484• Fax: (305) 663 -6348 e -mail: horacefeliu @bellsouth.net This is to notify all of you that I am hereby calling a Special Meeting of the City Commission for Monday,_ September 25, 2006, starting_ at 6:00 p.m. in the City Commission Chambers. The purpose of this meeting is to take care of items that require approval within the 2005 -06 fiscal year budget. The agenda is attached for your information. Sincerely, Horace G. Feliu Mayor Cc: Yvonne McKinley, City Manager Luis Figueredo, City Attorney South Miami All- America City I ' I 2001 HP LASERJET 3150 SEND CONFIRMATION REPORT FOR PRINTER /FAX /COPIER /SCANNER CITY OF SOUTH MIAMI 3056636348 SEP -21 -06 12:43PM JOB START TIME USAGE PHONE NUMBER /ADDRESS TYPE PAGES MODE STATUS 570 9/21 12:42PM 1113" 305 854 5351 SEND .............. 4/ 4 EC144 COMPLETED......... ............................... TOTAL 1'13" PAGES SENT: 4 HQRAC6 G. FWu MAYOR September 21, 2006 PAGES PRINTED: 0 G'i� n cfOttlii✓J�trurw 6130 Surd On" South Mlaml, FWZ3 31 43 4 09 3 Td: (306) 68&2464• Fax( (305) 6636346 trmdt horaeeldfuOWIsGutKnet City Commission clo Maria M. Menende , City Clerk 6130 Sunset Drive City of South Miami 33143 Re: Calling a Special Meeting Honorable Members of the City Commission This is to notify all of you that I run hereby calling a Special Meeting of the City Commission for Monday. September 25. 2006, g tin eg t 6:00 p.m. in tjre City Commission Chambers. The purpose of this meeting is to take care of items thnt'require approval within the 2005 -06 fiscal year budget. The agenda is attached for your information. Sincerely, Horace G. Fcliu Mayor t, Cc: Yvonne McKinley, City Manager Luis Figueredo, City Attorney South Miami klAd ra Cfly ,11111 :nor i Menendez, Maria From: velpal2O00 @bellsouth.net Sent: Thursday, September 21, 2006 5 :02 PM To: Menendez, Maria Subject: Re: agenda for special meeting Monday Sept 25, 2006 at 6:00 p.m. Marie, Sorry, I am unable to attend. Velma Palmer > From: "Menendez, Maria" < MMenendez @cityofsouthmiami.net> > Date: 2006/09/21 Thu PM 04:38:23 EDT > To: Mayors & Comm > <IMCEAEX- O= CITY +200F +20SOUTH +20MIAMI OU =CSM_CN= RECIPIENTS_CN= Mayor +20 > +26 +20Comm@cityofsouthmiami.net> > CC: "Figueredo, Luis" <lfigueredo @ngf- law.com >, "McKinley, Yvonne" > < YMcKinley @cityofsouthmiami.net >, "Reyes, Gremaf" > <GReyes @cityofsouthmiami.net>, "Landis, Vincent" > <VLandis @cityofsouthmiami.net >, "Mills, Michael" > <MMills @cityofsouthmiami.net> > Subject: agenda for special meeting Monday Sept 25, 2006 at 6:00 p.m. > Hon. Mayor, Vice Mayor and Commissioners: • Attached please find agenda for the special meeting called by the • Mayor for Monday, September 25th at 6 :00 p.m. • Your packet is being delivered to you this evening. It also contains • a letter signed by the Mayor calling the special meeting. > If you have problems getting yours please let me know. > Regards, > Maria M. Menendez, CMC > City Clerk > 6130 Sunset Drive > South Miami, Fl 33143 > (305) 663 -6340 > mmenendez @cityofsouthmiami.net <mailto :mmenendez @cityofsouthmiami.net> > www.cityofsouthmiami.net < http : / /www.cityofsouthmiami.net> > I r Menendez, Maria From: velpal2O0O @belIsouth.net Sent: Wednesday, September 20, 2006 9:07 PM To: Menendez, Maria Subject: Re: Polling the Commission for a special meeting Sorry, I can't be there on Monday. > From: "Menendez, Maria" < MMenendez @cityofsouthmiami.net> > Date: 2006/09/20 Wed AM 10:50:30 EDT > To: Mayors & Comm > <IMCEAEX- O= CITY +200F +20SOUTH +20MIAMI OU= CSM_CN= RECIPIENTS_CN= Mayor +20 > +26 +20Comm@cityofsouthmiami.net> > CC: "McKinley, Yvonne" <YMcKinley @cityofsouthmiami.net >, > "Balogun, Ajibola" <ABalogun @cityofsouthmiami.net >, "Figueredo, Luis" > <lfigueredo @ngf- law.com >, "Payne, Nkenga" <NPayne @cityofsouthmiami.net >, > "Alexander, Sheila" < SALEXANDER @CITYOFSOUTHMIAMI.NET>, > "Deveaux, Elizabeth" < Edeveaux @cityofsouthmiami.net >, "Balogun, Ajibola" > <ABalogun @cityofsouthmiami.net> > Subject: Polling the Commission for a special meeting > Honorable City Commission: • I am polling the Commission on behalf of Mayor Feliu who needs to call • a special meeting in order to take care of certain items that were on • the agenda for last night's canceled meeting due to lack of quorum. • These are mainly the items involving this year's budget. • Please let me know at your earliest convenience whether Monday, • September 25 at 6:30 p.m. will be ok. We expect the meeting to be • very quick since there will be no presentations, no public remarks, and no public hearings. > • Also, please bear in mind that Commissioner Birts is out of town and • will not be available on Monday. > Sincerely, > Maria M. Menendez, CMC > City Clerk > 6130 Sunset Drive > South Miami, Fl 33143 > (305) 663 -6340 > mmenendez @cityofsouthmiami.net <mailto :mmenendez @cityofsouthmiami.net> > www.cityofsouthmiami.net < http : / /www.cityofsouthmiami.net> 1 South Miami r All- Americacitp , CITY COMMISSION AGENDA Special City Commission Meeting Meeting date: September 25, 2006 Time: 6:00 PM Next Special Meeting date: September 26, 2006 (Final Budget Hearing) Next Regular Meeting date: October 3, 2006 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. 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 $39,213.10; CHARGING SPECIAL CITY COMMISSION 1 AGENDA - SEPTEMBER 25, 2006 $39,213.10 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 $39,213.10; CHARGING THE LEGAL SERVICES, NON- RETAINER ACCT W /CURRENT BAL$58,159.33) (City Attorney) 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FY ENDING 9130106) (City Manager) 3. 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 PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66" STREET TO SW 68TH STREET IN AN AMOUNT OF $22,550 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 CHURCH ST FROM SW 66' ST TO SW 68' ST IN AN AMT OF $22,550 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCT W /CURRENT BAL$24,339) (City Manager), 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CSM FOR SCHOOL CROSSING GUARD SERVICES) 3/5 (City Manager) SPECIAL CITY COMMISSION 2 AGENDA - SEPTEMBER 25, 2006 THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. I (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAILING 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 C0101ISSION. " 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. SPECIAL CITY COMMISSION 3 AGENDA - SEPTEMBER 25, 2006 o� sourer • A 1927 toRl9 _y HORACE G. FELIU MAYOR September 21, 2006 City Commission c/o Maria M. Menendez, City Clerk 6130 Sunset Drive City of South Miami 33143 Re: Calling a Special Meeting Honorable Members of the City Commission: 6130 Sunset Drive South Miami, Florida 33143 -5093 Tel: (305) 668 -2484• Fax: (305) 663 -6348 e -mail: horacefeliu @belisouth.net This is to notify all of you that I am hereby calling a Special Meeting of the City Commission for Monday September 25, 2006, starting at 6:00 p.m. in the City Commission Chambers. The purpose of this meeting is to take care of items that require approval within the 2005 -06 fiscal year budget. The agenda is attached for your information. Sincerely, Horace G. Feliu Mayor Cc: Yvonne McKinley, City Manager Luis Figueredo, City Attorney South Miami All-America City 2001 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 $39,213.10; CHARGING $39,213.10 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 June 29, 2006, in the amount of $39,213.10; and, WHEREAS, as of September 11, 2006, the existing balance on city attorney account no. 001 - 1500 - 514 -3410, legal services, non - retainer, is $43,225.00. 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 $39,213.10 are approved for payment; charging $39,213.10 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 July, 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 e�er-AFAEift g. Telephone: (305) 854 -5353 Miami, Florida 33157- 6417 - -Facsimile: (305) 854 -5351 July 7, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 61.30 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 June 29, 2006, in the amount of $39,213.10, and requisition no. 21, FY 2005- 06. 1 have tabulated the amounts currently due on each individual file as follows: City Attorney Account No. 001 -1500- 514 -3410, Legal Servlces, Non - Retainer Account balance as of July 7, 2006, $58,216.00 0022 -068 Telecommunications Contract Invoice No. 18541 dated 06129106 Prof'1 Services Disbur`esments Total, Due 400.00 0.00 400.00 0022 -083 Planning Board Invoice No. 18542 dated 06/29 /06 Prof'1 Services Disburesments Total Due 3,370.00 0.00 3,370.00 0022 -129 Mark Richman Properties Invoice No. 18543 dated 06129106 Prof' I -Services Disburesments Total Due 2,420.00 0.00 2,420.00 0022 -137 Special Master Invoice No. 18544 dated 06/29/06 Prof'1 Services Disbursements Total Due 620.00 0.00 620.00 ............................... Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAMI June 1, 2006 0022 -171 Forfeiture of Currency Invoice No. 18545 dated 06129106 Prof I Services Disbursements Total Due 560.00 36.85 596.85 0022 -178 J. Cleveland EEOC Matter Invoice No. 18546 dated 06129106 Prof'l Services Disbursements Total Due 9,000.00 409.62 9,409.62 0022 -179 Chester v. CSM Invoice No. 18547 dated 06129106 Prof'I Services Disbursements Total Due" 140.00 0.00 140.00 0022 -180 Special Project- Economic Invoice No. 18548 dated 06129106 Prof 1 Services Disbursements Total. flue 1,400.00 0.00 1,400.00 0021 -182 Dabby Properties v. CSM Invoice No. 18549 dated 06129106 Prof I Services Disbursements Total Due 20,840.00 16.63 20,856..63 Total 39,213.10 Do not hesitate to call me if you have any questions regarding these statements. Ve ours; uis R. Figuer LRF:lcm Enclosures cc: Mayor and City Commission Page 2 of 2 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 $39,213.10; CHARGING $39,213.10 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- 1.0187, 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 June 29, 2006, in the amount of $39,213.10; and, WHEREAS, as of July 7, 2006, the existing balance on city attorney account no. 001 -1500 -514 -3410, legal services, non - retainer, is $5$,216.00. 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 $39,21.3.10 are approved for payment; charging $39,213.10 to account no. 001 -1500 -514 -3414, legal, non - retainer. Sect�ro_n_ 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of July, 2006. ATTEST: CITY CLERK REP AF OVED AS TO FORM: Lpa 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 evefs(,Akiag. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 21, FY 2005 -06 Date: July 7, 2006 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 9 Legal, Non- Retainer 001 -1500- 514 -341Q `� .,$39,213-10 $39,213.10 TOTAL $39,213.10 Purchase Order No. I Terms/Discount NAGIN GALLOP RGUEREDOPA Attorneys Counselors 18001 Old Cutler Road, Suite $56 Miarni; Florida 33157 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter ID: 0022 -068 Finance Director Telecommunications Contracts City of South Miami 6130 Sunset Drive Invoice Number 18541 City of South Miami, FL 33143 Hours Amount 6/15/2006 EAB Prepared for and attended meeting with Ms. Rothstein, Mr. Reyes, 2.00 400.00 and Ms. McKinley regarding Atlantic Cable and options. Rate Summary Eve A. Boutsis Payments 7/7/2006 Payment Total - Professional Services 400.00 2.00 hours at $200.00/fir 400.00 Total hours: 2.00 Check No. 53674 180.00 Sub -total Payments: 180.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you ttave regarding this invoice. Interest at a rate of 1.5% per month will be charged it, payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -068 Statement No. :` 18541 Page: 2 For Professional Services 400.00 For Disbursements Incurred 0.00 Current Balance: 400.00 Previous Balance: 180.00 Payments - Thank you 180.00 Total Rue 400.00 Invoice Number: 18541 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you hav' Uegarding this invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter*ID: 0022 -08$ Finance Director Planning Board City of South Miami 6130 Sunset Drive Invoice Number 18542 City of South Miami, FL 33143 Hours Amount 5/31/2006 LRF Reviewed church re- zoning ordinance 0.50 100.00 6/2/2006 EAB Attention to SM Hospital ROW matter. 0.30 60.00 6/5/2006 LRF Research and Revised Mechanical Parking Ordinance. 6/5/2006 EAB Attention to and analyzed automated /mechanical parking systems 0.30 ordinance. 6/6/2006 EAB Telephone conference with Mr. Simon Ferro regarding possible variance and lot splitting item. 6/7/2006 LRF Analyze and reviewed e-mail from Mr. Don O'Donniley re: Mechanical Ordinance; revisions to Mechanical Ordinance and worked on other zoning related matters. 6/8/2006 LRF Continued to draft mechanical ordinance. 6/9/2006 LRF Revised mechanical parking ordinance. 6/9/2006 LRF Reviewed e-mail from Don O'Donniley re: MIA bus shelters. 619/2006 LRF Received and reviewed letter from Jill Berman; telephone conference with Jill Berman re: Valencia 6/16/2006 EAB Telephone conference with Mr. Simon Ferro reg�rdirlg ROW matter. 6/2012006 EAB Received assignment related to valet parking resolution; and began analyzing same so as to revise future code; atterition-to American Parking Systems Coral Gables, LLC indemnity agreement with city; provided direction to staff regarding same; telephone conference with Mr, Luis Kruger regarding same; and revised indemnity agreement. - ' • 6/21/2006 EAB Meeting with vice -mayor Randy Wiscombe, Mr. Don O'Donniley, Mr. Ajibola Balogun, and Mr. Wayne Srackin and'his staff regarding; meeting with Mr. O'Donniley and Mr. Balogun regarding lot split issue. 4.00 800.00 0.40 80.00 0.30 60.00 2.50 500.00 2.00 400.00 0.50 100.00 0.25 50.00 1.00 200.00 0.30 60.00 1.00 200.00 2.50 500.00 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 Figueredo P.A. Matter ID: 0022 -083 Statement No.: 18542 Page: 2 6/22/2006 EAB Communications with Mr. Ferro regarding pending lot split and 0.30 60.00 ROW issue. 6/23/2006 EAB Meeting with Mr. Ferro regarding lot split item. 0,60 120.00 6/27/2006 EAB Email communications with Mr. Ferro regarding possible PUD 0.40 80,00 application; email communications with Mr. O'DonnileY regarding same; and concluded communications with Mr. Ferro. Total Professional Services 3,370.00 Rate Summary Luis R. Figueredo 10.75 hours at $200.00/hr 2,150.00 Eve A. Boutsis 6.10 hours at $200.00/hr 1,220,00 Total hours: 16.85 Payments 7/7/2006 Payment Check No. 53674 4.0.00 Sub -total Payments: 40.00 For Professional Services 3,370.00 For Disbursements Incurred 0.00 Current Balance: 3,370.00 Previous Balance: 40.00 Payments - Thank you 40.00 Total Due 3,370.00 Invoice Number: 18542 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 t.5% per month will be charged if payment is not received within 3o days. NAGrIN GALLOP FI GUEREDOR& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami; Florida 33157 Telephone: (305) 8545353 Facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter ID: 0022 -129 Finance Director Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Invoice Number 18543 City of South Miami, FL 33143 Hours Amount 5/31/2006 LRF Prepared letter to Mr. Clifford Schulman re: special exceptions 3.00 600.00 requested for Use Standard coverage and various teleconferences Total hours: 12.10 Payments 7/7/2006 Payment Check No. 53674 222.00 Sub -total Payments: 222.00 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 wittkin 30 days. with Mr. George McCardle 5/31/2006 EAB Attention to re- zoning application and provided comments to staff 0.60 120.00 regarding same; analyzed LDC regarding same; and edited letter to Mr. Cliff Shulman. 6/1/2006 LRF Revised Special Master ordinance and prepared memo on same. 2.00 400.00 6!13/2006 LRF Received and reviewd Complaint and exhibits. Telephone 3.50 700.00 conference with Mr. George Knox; telephone conference with Mr. McArdle. 6/16/2006 LRF Various telephone conversations with Ms. Maria Menendez re: 1.00 200.00 special hearing; reviewed publication and notice. Various telephone conferences with Mr. Knox. 6/27/2006 LRF Meeting with Mr. Knox and Mr. Don O'Donniley re:.special master 2.00 400.00 hearing. Total Professional Services 2,420.00 Rate Summary Luis R. Figueredo 11.50 hours at $200.00 1hr 2,300.00 Eve A. Boutsis 0.60 hours at $200.00 1hr 120.00 Total hours: 12.10 Payments 7/7/2006 Payment Check No. 53674 222.00 Sub -total Payments: 222.00 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 wittkin 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -129 Statement No.; ` 18543 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Page: 2 2,420.00 0.00 2,420.00 222.00 222.00 Total Due 2,420.00 Invoice Number; 18543 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 14 days of receipt of any questions you have'f6garding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days. MAGI N GALLOP FIGUERED4PA Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter ID: 0022 -137 Finance Director City of South Miami Special Master Hearings 6130 Sunset Drive Invoice Number 18544 City of South Miami, FL 33143 Hours Amount 6/2/2006 EAB Attention to Bowden objection to claim deadlines; and email 0.40 80.00 communications with city commission regarding Bowden matter Rate Summary Eve A. Boutsis Payments 7/7/2006 Payment Total Professional Services 620.00 3.10 hours at $200.00/fir 620.00 Total hours: 3.10 Check No. 53674 8,160.00 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 1.50/6 per month will be charged if payment is not received within 30 days: and recommendation on same. 6/5/2006 EAB Attention to Bowden matter; attention to extension of time to 1.00 200.00 respond to proof of claim; and prepared email to city comm'n regarding Lott recommendation on homestead issue. 6/9/2006 EAB Telephone conference with and email communicatiohs_with Ms. 0.20 40.00 Sonia Lama regarding surisafe structure. 6/12/2006 EAB Telephone conference with Mr. George Lott regarding title 0.40 80.00 searches and Bowden property; email communications with staff regarding same. 6/15/2006 EAB Attention to rooming house issue; attention to lien pa off matter; 0.70 140.00 drafted letter to attorney regarding code. enforcement lien pay off; and telephone conference with Mr. Sandy Youkilis regarding South Miami Hospital, and Linear Park compliance with declarations of restrictions. 6/19/2006 EAB Attention to Cinque matter and upcoming special master agenda; 0.40 80.00 email communications with Ms. Lama and Ms. Lourdes Cabrera regarding subpoenas, attendance, and records. Rate Summary Eve A. Boutsis Payments 7/7/2006 Payment Total Professional Services 620.00 3.10 hours at $200.00/fir 620.00 Total hours: 3.10 Check No. 53674 8,160.00 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 1.50/6 per month will be charged if payment is not received within 30 days: Nagin Gallop Figueredo P.A. Matter ID: 0022 -137 Statement No.: . 18544 Page: 2 Sub -total Payments: 8,160.00 For Professional Services 620.00 For Disbursements Incurred 0 .00 Current Balance: Previous Balance: Payments - Thank you 620,00 8,160.00 8,160.00 Total Due 620.00 Invoice Number: 18544 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. NAGINC,.�rA.LLQPFIGUEREDORAL Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Adriana Hussein June'29, 2006 Matfgr ID: 0022 -171 Finance Director City of South Miami Forfeiture of Currency 6130 Sunset Drive Invoice Number 18545 City of South Miami, FL 33143 Hours Amount 6/5/2006 HJM Re: Townsend forfeiture: traveled to and attended hearing on 1.00 200.00 motion for summary judgment. 6/8/2006 HJM Re: Townsend - traveled to courthouse and attended calendar call. 1.80 360.00 Total Professional Services 560.00 Rate Summary H. James Montalvo 2.80 hours at $200.00 /hr 560.00 Expenses 6/29/2006 Payments 7/7/2006 Total hours: 2.80 Parking Charge Mileage Postage Charge for the month of June 2006. Payment Check No, 53674 Sub -total Expenses: Sub -total Payments: 23.00 11.72 2.13 36.85 3,191.07 3,191.07 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -171 Statement No.- •18545 Page. 2 For Professional Services 560.00 For Disbursements Incurred 36.85 Current Balance: 596.85 Previous Balance: 3,191.07 Payments - Thank you 3,191.07 Total Due 596.85 Invoice Number: 18545 To be properly credited, please indicate Invoice Number above,6ft your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you haVe regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUERED4RA- Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami,,Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Adriana Hussein June 29, 2006 Matter ID: 0022 -178 Finance Director J. Cleveland EEOG Matter City of South Miami 6130 Sunset Drive invoice Number 18546 City of South Miami, FL 33143 Hours Amount 5/30/2006 HJM Telephone conference with Ms. Melanese Jones of.EEOC 9.80 1,960.00 regarding extension of time; prepared confirming letter to same; continued reviewing voluminous set of documents to prepare resposne to J. Cleveland's EEOC charge of race'documentation and retaliation. 6/2/2006 HJM Continued reviewing lengthy file in preparation of response to 4.80 960.00 EEOC charges. 6/5/2006 HJM Continued preparing response to EEOC charges.. 4.80 960.00 6/6/2006 HJM Drafted response to EEOC letter. 2.80 560.00 6/8/2006 HJM Received and reviewe e-mail correspondence from Jeanette 3.90 780.00 Navarro regarding number of employees at City and organizational chart at City; completed response to EE6C; organized documents in support of response, 6/9/2006 HJM Revised and edited response to Cleveland's EEOC. charges of 5.80 11160.00 discrimination and relaliation; continued reviewing voluminous file; conducting e-mail correspondence with Ms. Jeanette Navarro regarding request for further documentation. 6112/2006 HJM Continued revising and editing response to EEOC charges; 5.60 1,120.00 conducted a -mall correspondence exchanges with Ms. Navarro concerning other city employees who have been dismissed and or disciplined by the City, received. and reviewed documentation regarding same; prepared response for final filing; telephone conference with EEOC investigator, Ms. Latoya Allen regarding response, exhibits and investigatory process; conducted multiple telephone conferences with Ms. Allean regarding requiring supporting caselaw. 6/13/2006 HJM Received and reviewed complaint and voluminous: exhibits; 4.20 840.00 conducted telephone conference with Mr .'Luis Figuere�o regarding case and litigation strategy. 6/2212006. HJM Telephone conference with Mayor Mills regarding amendment to 3.30 660.00 response to EEOC charge; telephone conference with Lt. Daniel Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -178 Statement No.: 18546 Salerno regarding additional reason for termination, received and reviewed memorandum from Lt. Salerno regarding same; prepared amendment to response; telephone conference with Ma: Allen of EEOC regarding amendment. Rate Summary H. James Montalvo Expenses Total Professional Services 45.00 hours at $200.00 /hr 9,000.00 Total hours: 45.00 Photocopies Telefacsimile charge 6/13/2006 Federal Express 6/29/2006 Postage Charge for the month June 2006. Payments 7/7/2006 Payment Check: No. 53674 Sub -total Expenses: Sub -total Payments: 341.00 5.00 47.27 16.35 4,260.00 4,260.00 Page: 2 • i11 I/ Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. :....:.,...... ..... ....:.... ........,..: . Nagin Gallop Figueredo P.A. Matter ID: 0022-178 Statement No.: 18546 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18546 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 3 9,000.00 409.62 9,409,62 4,260.00 4,260.00 9,409.62 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged If payment is not received within 30 days. .. ................ ...... .. I ....................... . . . .. . .... .... ............ ............ ...... ........... ........................... .. . . Attorneys & Counselors Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854-5351 June 29, 2006 Adriana Hussein Finance Director Matter ID: 0022-179 City of South Miami Chester v. City of South Miami 6130 Sunset Drive Invoice Number 18547 City of South Miami, FL 33143 Hours Amount 6/5/2006 EAB Analyzed chapter 16, of CSM code relating to pensions; analyzed 0.70 140.00 complaint; and email communications With Mr. Harrison regarding extension and status of research. Rate Summary Eve A. Boutsis Total Pi0fessional Services 140.00 0.70 hours at $200.001hr Total hours: 0.70 Payments 7/7/2006 Payment Check No. 53674 Sub - total Paymqnts; 140.00 401-36 401.36 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. .......... .. . .. .. ................ .. ... ...... .... .. ...... . 1 . .................................. . ......... ................ ........ Nagin Gallop Figueredo P.A. Matter ID: 0022 -179 Statement No.: :.18547 Page: 2 For Professional Services 140.00 For Disbursements Incurred 0.00 Current Balance: 140.00 Previous Balance: 401.36 Payments - Thank you 401.36 Total Due 140.00 Invoice Number: 18547 To be properly credited, please indicate Invoice Number above;an your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged If payment Is not received within 30 days. NAGIN GALLOP FIGUEREDO P.A. Attorfieys & Coun-selors 18001 Old Cutler Road, Suite 556 Miami,. Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) $54-5351 June 29, 9006 Adriana Hussein Matter 10: 0022-180 Finance Director Special Project-Economic City of South Miami 6130 Sunset Drive Invoice Number 18648 City of South Miami, FL 33143 Hours Amount 6/2/2006 EAB Legal research on tax breaks, business rent subsidies, CDBG, 3.00 600,00 parking and other economic incentive programs for. mom and pop businesses. 6/5/2006 EAB Continued legal research on tax abatement incentives. 2.00 400.00 6/712006 EAB Continued research. 2.00 400.00 Total Professional Services 1,400.00 Rate Summary Eve A. Boutsis 7,00 hours at $200.00/hr 1,400.00 Total hours: 7.00 For Professional Services 1,400.00 For Disbursements Incurred 0.00 Current Balance: 1,400-00 Previous Balance: 0.00 Payments - Thank you 0,00 Total Due 1,400.00 Invoice Number: 18548 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. lntere% at a rate of 1.5% per month will be charged If piayfti6rit Is not received within 30'*§. NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 555 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 29, 2006 Adriana Hussein Matter 10: 0022 -182 Finance Director Dabby Properties v CSM and City of South Miami 6130 Sunset Drive Invoice Number 18549 City of South Miami, FL 33143 Hours Amount 6/14/2006 HJM Conducted legal research on issues of illegal contract zoning and 3.80 760.00 illegal give -away of taxing, power. 6/15/2006 HJM Conducted lengthy litigation- strategy conference with Mr. Luis 5.80 1,160.00 Figueredo and Ms. l;ve Boutsis; conducted legal research on issues in the case including the cl.6[ms for illegal contract zoning and illegal give -away of taxing powers; reviewed:exhibits; conducted additional legal research on requirements of requesting attorneys fees under Fla. Stat. 57.105. 6/15/2006 EAB Analyzed MRP litigation (Dabby corn plaint) and attended strategy 2.00 400.00 session. 6/16/2006 HJM Conducted litigation strategy with Luis Figueredo; reviewed file in 5.90 1,180.00 MRP matter; continued conducting legal researchow.claims in'the complaint. 6/19/2006 HJM Continued reviewing voluminous MRP and Dabby Properties file. 3.50 700.00 6119/2006 EAB Attention to closed files, resolutions on special exceptions, 0.40 80.00 correspondence files, and direction to city staff regarding same. 6/20/2006 HJM Continued reviewing voluminous MRP file; Continued ":conducting 6.90 1,380.00 legal research for preparation of motion to dismiss on.1ssues of breach of easement agreement, contract zoning, and tax power give -away issues. 6/21/2006 HJM Continued legal research on issues of futility and exhaustion of 6.80 1,360.00 administrative remedies and on issue of illegal contract zoning. 6/21/2006 EAB Meeting with Ms. Payne and Ms. Menendez; email communications 1.40 280.00 with Mr. O`Donniley and Mr. Youkilis regarding discovery; and analyse MRP files. 6/22/2006 HJM Received and reviewed voluminous file on SPG Phase One 9.80 1,960.00 Parking Garage issue; continued conducting legal research on issues of injunctive relief; received and reviewed cot Timis Mon minutes for September 5, 2000,-gecember'17, 20a2Zspecial meeting minutes, and December 17, 2062 special rh6et ag Payment is due upon receipt. Please notq us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month viii be charged ff payment is not received vAthin 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 34' days. Matter ID: 0022 -182 Statement No.:' 18549 Page: 2 minutes, and December 17, 2002 general meeting minutes; continued conducting legal research on tax issue; received and reviewed special exception appliction from Don O'Doriiilley.. 6/22/2006 EAB Telephone conference with Mr. Youkilis regarding SPG and MRP 0.60 120.00 files; and attention to hearing officer public notice,and.inquries by city clerk. 6/23/2006 HJM Continued reviewing voluminous SPG Phase One, Ltd; continued 9.50 11900.00 reviewing lengthy correspondence file concerning City's parking garage;. continued conducting legal research to prepare response on all' claims including issues of exhaustion futility, contract zoning and tax authority. 6/23/2006 EAB Email communications and telephone conferences With with Mr. 1.00 200.00 Don O'Donniley, Ms. Yvonne McKinley, Ms: Marie Menendez, Mr. George Knox, Mr. Sandy Youkilis, MRP representative; etc. regarding upcoming hearing. 6/26/2006 HJM Continued legal research onn issue of whether City's tax 6.80 1,360.00 abatement constitutes a legal exemption under the' Florida statutes serving a "public purpose." 6/27/2006 HJM Finalized legaa research on issue of "tax- power- give - away" in 11.80 2,360.00 plaintiff's complaint; commenced preparing motion to dismiss and section 57.105 letter to plaintiff's counsel; received and reviewed recordings of 5130/06 planning board hearing. 6128/2006 HJM Continued preparing motion to dismiss or in alternative. motion for 10.80 2,160.00 more -definite statement;I reviewed f lie 'for doctatnents to-attach to motion, sheppardlzed cases. 6/29/2006 HJM Continued preparing motion to dismiss on issues of illegal contract 10.60 2,120.00 zoning, illegal giving away of tax power and violation of easement agreements' issues. 6/29/2006 HJM Continued preparing and finalizing motion to dismiss plaintiff's 6.80 1,360.00 complaint; conducted final research; sheppardizea canes. Total Professional Services 20,840.00 Rate Summary H. James Montalvo 98.80 hours at $200.00/hr 19,760.00 Eve A. Boutsis 5.40 hours at $200.00/hr 1,080.00 Total hours: 104.20 Expenses Photocopies 16.00 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 34' days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -182 Statement No.: :18549 6/29/2006 Postage Charge for the month of June 2006. 0.63 Sub -total Expenses: 16.63 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you "Total Due Invoice Number: 18549 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 3 20,840.00 16.63 20,856.63 0.00 0.00 20,856.63 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-°%o per month will be charged if payment is not received within 30 days. South Miami AI- A�icaC�y N� -•Ep CITY OF SOUTH MIAMI , �L o RYV P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Yvonne S. McKinley, City Manager Date: September 19, 2006 Agenda Item: Subject: Financial Audit Services- Contract Renewal for Additional Year Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF. THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. Reason/Need: The attached resolution is requesting your authorization to renew the financial audit services contract agreement between the City and the Certified Public Accountant firm of Caballero & Castellanos, P.A. for an additional year. Background: Pursuant to Resolution #176 -04 -11955 authorization was given to the City Manager to enter into an agreement with Caballero & Castellanos, P.A., which currently provides independent auditing services, with the option to renew for one more year, if so desired by the City. Approval of this firm to conduct the audit for fiscal year ending` September 30, 2006 will bring us in compliance with Article 4, section 4(e) of the City Charter. Cost: $38,000 Funding Source: Fiscal Year 2006 -07 budget Backup Documentation: Copies of the following documents: Resolution # 176 04 1195 Engagement letter dated 11/3/04 City Charter Article 4, section 4(e) Proposed fee 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO 6 EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN 7 CABALLERO & CASTELLANOS, P.A. CERTIFIED. PUBLIC ACCOUNTANTS 8 AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE 9 INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. 10 11 WHEREAS, Article IV, Section 4(e) of the City Charter of South Miami requires the City 12 Commission to designate a qualified independent Certified Public Accountant to review, examine and 13 report on all fiscal matters; and 14 15 WHEREAS, pursuant to Resolution #176 -04- 11955 authorization was given to the City Manager 16 to enter into an agreement with Caballero & Castellanos, P.A. which currently provides independent 17 auditing services; and 18 19 WHEREAS, for the audit of fiscal year ending September 30;:2006, the City Manager received an 20 engagement letter from Caballero & Castellanos, P.A., in which the City reserves the right to extend the 21 agreement for an additional fiscal year subject to mutual agreement by the Auditor and the City 22 Commission. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 25 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 26 27 Section 1. The City Manager is authorized to extend the agreement with Caballero & 28 Castellanos, P.A., to provide audit services for fiscal year ending September 30, 2006. 29 30 Section 2. This resolution shall take effect immediately upon approval. 31 32 33 PASSED AND ADOPTED this day of 52006. 34 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 42 43 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 44 Mayor Feliu: 45 Vice Mayor Wiscombe: 46 Commissioner Palmer: 47 CITY ATTORNEY Commissioner Birts: 48 Commissioner Beckman: RESOLUTION NO. 176-04-11955 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL AUDIT SERVICES, AUTHORIZING THE CITY MANAGER TO HIRE A NEW FINANCIAL .AUDITOR AND EXECUTE A TWO -YEAR AUDIT CONTRACT WITH THE AUDIT FIRM OF CABALLERO & CASTELLANOS, P.A., WITH THE OPTION TO RENEW FOR ONE YEAR, IF SO DESIRED BY THE CITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, article 4, section 4(e) of the City Charter prohibits the use of the same Financial Auditor for more than three consecutive years; and WHEREAS, the City hired the accounting firm of Grau and Company last year for a two -year period to audit its books; and WHEREAS, the City has been informed by the representative of Grau and Company that because of their unexpected present situation of severe staff shortage, they will not be able to continue performing audit services for the City; and WHEREAS, the City Administration solicited bids for financial audit .services and received responses from five different firms with license to operate within the State of Florida; and WHEREAS, the bids were reviewed by a committee of three professional employees from other Miami -Dade cities, who provided recommendations for the City to hire the firm of Caballero and Castellanos; P.L. 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 engage the firm of Caballero and Castellanos, P.L. to provide financial auditing services for the City. Section 2. The City Manager is authorized to sign the service contract for two years with the option to renew, for an additional year, if so desired by the City. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this �_ day of , 2004. ATTEST: APPROVED: Y CLERK M OR READ D AS TO FORM: Commission Vote: 4 -0 Mayor Russell: out of room Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea C1T TORNEY Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea CABALLERO} & CASTELLANOS, P.L. CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS November 3, 2004 Ms. Maria Davis, City Manager City of South Miami, Florida 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Davis: 2655 Le Jeune, Suite 500 Coral Gables, FL 33134 Tel (305) 779 -3043 Fax (305) 380.7596 We are pleased to confirm our understanding of the services we are to provide the City of South Miami, Florida, (the "City ") for the years ended September 30, 2004 and 2005. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements, of the City of South Miami, Florida (except for the South Miami Redevelopment Agency, which will be audited by another C.P.A firm) as of and for the years ended September 30, 2004 and 2005. Also, the document we will submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements: • Management's Discussion and Analysis • Supplemental Combining and individual fund statements and schedules • Schedule of Expenditures of Federal Awards The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our report will disclaim an opinion. • GASB required supplementary pension information (Schedule of Funding Progress and Schedule of Employer Contributions) • Information required for the Comprehensive Annual Financial Report ( "CAFR ") including financial schedules and statistical data. Audit Obiectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. 4 The CPA_ Never Underestimate The Value® Ms. Maria Davis, City ManaL, -, City of South Miami Page 2 of 6 Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A -133, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A -133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Ms. Maria Davis, City ManaLfcr City of South Miami Page 3 of 6 You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Additionally, as required by OMB Circular A -133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review on December 6, 2004. If as part of our audit, we prepare a draft of your financial statements and related notes, in accordance with professional standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further you are required to designate a qualified management level individual to be responsible and accountable for overseeing our services. With.regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. As required by the Single Audit Act Amendments of 1996 and OMB Circular A- 133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. «-. .. Ms. Maria Davis, City Manager City of South Miami Page 4 of 6 Audit Procedures — Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A -133, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards and OMB Circular A -133. Audit Procedures — Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular. A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A -933 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A -133. Ms. Maria Davis, City Manager City of South Miami Page 5 of 6 Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies, an original and print -ready master of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass- through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Caballero & Castellanos, P.L. and constitutes confidential information. However, pursuant to authority given, by law or regulation, we may be requested to make certain audit documentation available to governmental agencies or their designee, a federal agency providing direct or indirect funding, or the U.S. General Accounting Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Caballero & Castellanos, P.L. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of three years after the date the auditors' report is issued or for any additional period requested by your Oversight Agency. If we are aware that a federal awarding agency, pass- through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on December 6, 2004 and to issue our reports no later than March 31, 2005, except for delays which are not of our controls. Our fees for these services will be at our standard hourly rates plus out -of- pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $31,000 and $33,000 for fiscal years ending September 30, 2004 and 2005, respectively. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. However, Caballero & Castellanos, P.L. was established on March 2004 and our first external peer review is not required until September 2005. Ms. Maria Davis, City Mana! .zr City of South Miami Page 6 of 6 We appreciate the opportunity to be of service to the City of South Miami, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Caballero & Castellanos, P.L. Nestor Caballero, CPA Partner RESPONSE: This letter coorrectl forth,the understanding of City of South Miami, Florida. By: 4�4'v 1 S Maria D ` , City Manager Date: 0 ARTICLE IV (Cont'd) SECTION 4. Administration A. .,Control The City Manager shall have charge of the administration of the financial affairs of the City in accordance with Article III, Section 5. B. Custody of Public Funds The City Manager shall have custody of all public funds belonging to or under control of the City or any office or department thereof, and deposit all fund coming into his or her hands in such depositories as may be designated by Resolution of the Commission. C. Approval of Expenditures The City Manager shall approve all proposed expenditures, but, unless he or she shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. D. Multi- annual Contracts No contract involving the payment of money out of the appropriations of more than one year shall be made for a period,of more than five years, nor shall any such contract be valid unless -'made or approved by eYelinane- resolution adopted by the Commission. The Commission shall provide budget and appropriate funds in each succeeding budget for contracts extending more than one year. This section shall not restrict the term of General Obligation or Revenue Bonds. (Amended 2/14/06) E. Audit The Commission shall designate a qualified Certified Public Accountant who, at the end of the fiscal year and at such other times as ordered by the Commission, shall make an independent examination in accordance with generally accepted auditing standards and review of accounts and other financial transactions by the City and shall submit such report; together with recommendations for improving fiscal control, to the Commission and to the City Manager. The accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. - The accountant shall not maintain any accounts or records of the City business, but within specifications approved by the Commission, shall post - audit the annual financial statements of the City and all accounts kept by any office or department of the City. The Certified Public Accountant shall not serve as the city's independent auditor for more than three consecutive years. (Amended 2/8/00) 20 SOUTH MIAAG CITY CHARTER AMENDED 2/14106 A Page 1 of 1 Hussein, Adriana From: Nestor Caballero [nestor @acc- cpa.com] Sent: Tuesday, June 13, 2006 4:05 PM To: 'Hussein, Adriana' Subject: Proposed audit fee Adriana, I discussed the fee with my partner and we propose the following fee for the 2006 audit: City 38,000 CRA 7,000 Total 45,000 This includes the federal single audit and the audit of the pension plans. Thanks. Nestor Caballero, CPA Alberni Caballero & Castellanos, L.L.P. 4649 Ponce de Leon Blvd., Suite 404 Coral Gables, FL 33146 (305) 662 -7272 (305) 675 -8376 Fax www.acc - cpa.com Please Note - -This e -mail contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. 6/13/2006 South Miami krAll 1 �+— CITY OF SOUTH MIAMI INCORPORATED OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM- 2001 To: The Honorable Mayor Feliu and Members of the. City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: September 19, 2006 Agenda Item No.: Subject: Approving landscaping work order along Church Street. 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 PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66T" STREET TO SW 68"H STREET IN AN AMOUNT OF $22,550 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 Landscaping Islands along Church Street from SW 66"' Street to SW 68th Street. Reason/Need: Miami Dade County Office of Community & Economic Development (OCED) funded improvements to Church Street as part of FY 2006 Community Development Block Grant. To fulfill our commitment to OCED, we have secured a proposal from Superior Landscaping & Lawn Services, Inc. for the landscaping portion of the project. We intend to "piggyback on the County's Contract '_No. 5066 -1/06 with Superior Landscaping & Lawn Services, Inca The project will be funded from Public Works Department's account no. 001 - 1730 - 541 -3450, with an account balance of $24,339. Cost: $22,550.00 Funding Source: Account No. 001 - 1730 -541 -3450 with a current balance of $24,339 Backup Documentation: ❑ Proposed Resolution ❑ Contractor's Proposal for the project - U Copy of County "piggy- back" Contract Number 5066 -1/66. 2 3 4 5 6 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 PROPOSED LANDSCAPING ISLANDS ALONG CHURCH STREET FROM SW 66TH STREET TO SW 68TH STREET IN AN AMOUNT OF $22,550 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 proposed landscaping islands along Church Street from SW 66h Street to SW 68" Street; and WHEREAS, the City wishes to secure the landscaping services of Superior Landscaping & Lawn Services, Inc. in an amount of $22,550; and WHEREAS, the landscaping service will be funded through Public Works Department's account number 001 - 1730 - 541 -3450 with an account balance of $24,339 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 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 $22,550 for the proposed landscaping islands along Church Street from SW 66th Street to SW 68th Street. Section 2: The landscaping service will be funded through Public Works Department's account number 001 - 1730 - 541 -3450 with an account balance of $24,339 before this request. Section 3: The landscaping service work order shall be made part of this resolution. PASSED AND ADOPTED this day of , 2006. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: to IQ OI O �o rnU co �° as 0 C .Q M N C J � J t0 � 0-0 p O w Qa E N N r L 00 00 O O O O O O 0 LO 0 M O N I IT VN0 'IT IQ is N N N F 69 O O O O O LO O O 0 O O M 0 0 o ui � o 0 v N N M co a` w c D = w w w `° m � w w C 0 00 N N O 3 Q t4 O N J � Q 0 0 N 0 •` m 0 ° L E d > L O O o ° E OL c v (7 N 3 N d •L v U% � t co L y Q �cc N C V o m v E w m v ? (D ;a o = 'L L E a o E Ei Li _ cc LU -,j O .y U) U C 5 v' O N E C C +' C tm v a w 0 z N CO � 0 co E d Aug. 22. 2006 3:49PM No. 3699 P. 2 07/14/2006.15 :30.FAI 305 372 6128 DIV:BIDS /CONT & ADN.DIV. 0002 /003 Procurement Management 111 NW 1 st street a Suite 1300 Miami, Flonde 33128 -1974 Him T 305 -375 -5289 F 305 - 375 -4407 305 -372 -6128 ndamidade gov AOAtmrdlnatem ! ' Agoda ceanRrwuo r Arend SeMcm Ad In Pubkc MLM AoAt end 1+ MV- -MSaAM MY 14, 2006 NMI edifing Cade conpawca !mines Dewbpaaa a Otero ' a tided vie Su do `QQpeftOT � ' p �' LBalf� g� VICC� Corp. C=W Wj= nn ai s and P"Ic Tnel PO Box 35-0095 Miami, FL 33135 O WW&WnAr,cr Cemmvlgw D"4OrMCFA ' RE: OMON TORiaw CONT tACTNUMj3 - 5066 -1106 (trees and Palms) (:a a W26Wn" , cullwAr lm Dear Vendor ' aedauo i The Comfy is considering iivhet3:er to exercise the option to renew for the above mentioned &*la °e eikOWA owh2cL All relevant cost 1)nd prian8 ficWM as well as current market eonditlons, will be 6epowemWitTnet eosiddered in mal rag this depidm. rite Department ofProcat ant Managememt Was to obtain htWPd-TW- eqw$W%U- the most canpetitive contract pricing possible for our erring deparmimts [WbWWeaulRne MMMUFaa" Fir ftpkymft Fuck= If the contract inchrdes a CF% PPI or any sppHcshle manukaorer's price adjusttneat. we ask RIGLOW duet your firm waive any su& upward ae tattmeaL If yon mast request all or nay of the mdmd Kew price changes, complete the' fidbrmadan bcdow. If we do not recedve your respoum, we will c� consider this a cmfirmtdiou• that yaw f m is waromg the adjustment The County. reserves the ' °Hop' ' right to fi&Or negotiate air upward pricing request; and smd ro-solic r any contract for which a requested upward adjustmad is judged unwwmated. H—kV Hardni8nueeArdaft The reetawal is also coatk ' on cam ee Vkh s of insmanre pecformanoe its "=e" s°"� baud, aT madvu action p� or other - speeiSo as applicable Should comple don of such mgVc aental �actoal compliance actions by your firm be required, these e actions will be requested s>lo nWaw afyour respamto this `°Opdon to Rene.' le aw. Wascal x'°11° Ifywt have any questions relating to this coatrsct please contact me at 305- 375 -1718. AleucpoGlanP�n�W�a�n Sincerely; r 14r► acct Reoa.Gon �enazan><s . bran IAGW rem. NBC -ea-I Maureen Fhmmj, CPPB Propire acct Techaioiaa , n,e xw DPMM& and Caatfracta Division . Sek 1rc:�beelmd AAs S wPell Solid Wine Wrvyr+rat' . sae�e B�eea Menipnnwe TbamhleW ' DWI Tick form an lhfi= raawmk Reournigm Vamp Memo And Oudw �eea l��f��,kj Aug.22. 2006 3:49PM _4/2006 15:38 FAX 305 372 612 8. DIV:BIDS /CONT &.ADN.DIV. NIIAMI DADE COUNTY No. 3699 P. 4 Q0003/003 5066 -V" 1. `►MWOR REQ13EST FOR PRICE INCREAS& SAMD ON INDICATOR contrad J yepdor (•(-� n �r JC'a�� ` NO, o� firm do® nott�s� an YC 6 0VT am =1 8tv as gt dad m. the C0 'S to the ona�eDt pn f t the above me�� ootdfflt teems mad oon&iOm LJ L:1ll, � tVV4 I w4rK I Irde 41 1 �11 - �� Aug. 22. 2006 3: 51 PM COUNTY No. 3699 P. 12 RECEIVED AUG 0 3 Zuu� CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION BID NO.: 73624/08 -3 BLANKET BPO #ABCW0601107 Previous Bid No.: 73624/08 -2 TITLE: LANDSCAPING_ AND LAWN MAINTENANCE SERVICES FOR MIAMI -DADE TRANSIT COMMODITY CODE NO.: 989 -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: 305-3764265 ❑ SEE Set Aside ❑ Bid Preference: ❑ SEE ❑ Micro SEE ❑ SEE Goal ❑ CSBE Level ❑ Local Preference ❑ Prevailing Wages (Reno. 90 -143) ❑ Living Wage PART #1: VENDORS AWARDED F E.LN.: 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`h Avenue Miami, Florida 33177 Destination Net 30 Days As required N/A 3051238 -1178 305/238 -8878 tebersole(a),aativetree.com Tim Ebersole Aug. 22. 2006 3: 51 PM No. 3699 Bid No. 7362- 4/08 -3 Award Sheet Page 2 of 5 F.E.I.N.: 650549581 -01 VENDOR: Sanchez Arango Construction Company STREET: P.O. Box'770010 - CITY /STATE /ZIP: Miami, Florida 33177 F O.B. TERMS: Destination PAYMENT TERMS: Net 30 DELIVERY: As required TOLL FREE PHONE # N/A PHONE: 305/229 -8300 FAX: 305/238 -4659 E -MAIL: rouaet 0sanchezaran o -com CONTACT PERSON: Rouget Sanchez F.E.I.N.: 650838100 -01 VENDOR * Superior Landscaping & Lawn Maintenance Service, Inc. STREET: P.O. Box 35 -0095 ' CITY /STATE /ZIP: Miami, Florida 33135 F.O 3. TERMS: Destination PAYMENT TERMS: Net 30 DELIVERY: As required TOLL FREE PHONE # N/A PHONE: 305/634-0717 FAX: 305/634 -0744 E -MAII,: superlandscanellbelisouthm CONTACT PERSON: Julio Valdes PART #2: ITEMS AWARDED METRORAIL ZONE E: VENDOR: A NATIVE TREE SERVICES INC. E -1 Section Line 1 Prow Douglass Road Station to University Station 5695.57 per Cycle E -2 University Station at 5500 Ponce de Leon Boulevard $505.86 per Cycle E -3 Section Line 2 from University Station to South Miami Station $379.40 per Cycle E -4 South Miami Station at 5949 SW 72nd Street $379.40 per Cycle E -5 Section Line 3 frorn South Miami Station to Dadeland N Station $758.80 per Cycle E -6 Dadeland North Station at 8300 South Dixie Highway - $316.17 per Cycle DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DMSION 2 P. 13 AWARD SMST." Revi,W 09MM Aug.22. 2006 3:51PM Bid No. 7362410S -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 ZONE D: VENDOR: SANCHEZ ARANGO CONSTRUCTION COMPANY D -1 Section Line 1 from SW 81' Street - South Side to Vizcaya Station. $1,287.85 per Cycle Includes Gap Tie 10 (G -10) at SW 1't Avenue & South of SW 15`h Road & Gap Tie N -872 (G-4) at SW 24`h Road D -2 D -3 D-4 D -5 D -6 D -7 A -1 A -2 A -3 A -4 Vizcaya Station at 3201 SW 161 Avenue' . $643.93 per Cycle Section Line 2 from Vizcaya Station to Coconut Grove Station $802.01 per Cycle Coconut Grove Station at 2780 NW 27" Avenue $321.96 per Cycle Section Line 3 from Coconut Grove Station to Douglas Rd Station $480.05 per Cycle Douglas Road Station at 3100 SW 37`x' Avenue $643.93 per Cycle 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. Palmetto Station at NW 74 Street West of Palmetto Expressway Section Line 1 from Palmetto Station to Okeechobee Station Okeechobee Station at 2005 West Okeechobee Road 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 AWARDENES .d= Rrtid ODiww Aug.22. 2006 3:51PM No. 3699 P. 15 Bid No. 73624/08 -3 Award Sheet Page 4 of 5 A -5 Hialeah Station at 113`" East 21 `` Street $337.24 per Cycle A -6 Emergency Litter Pick -up as per paragraph 3.8 563.24 per Hour Twelve (12) additional Litter Cycle $493.53 per Cycle METRORAIL ZONE C: VENDOR: SUPERIOR LANDSCAPING AND LAWN SERVICES, INC. C -1 AlIapattah Station at 3150 NW 1P 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" Street 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" 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 1" Avenue. $268.74 per Cycle C -10 Section Line 5 from Overtown Station to Brickell Station. Does not $268.74 per Cycle include Government Center Station C -11 Metrorail & Metromover Brickell Stations at 1002 SW I" Avenue $268.74 per Cycle C -12 Emergency Litter Pick -up as per paragraph 3.8 Twelve (12) additional Litter Cycle DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DMSION 4 $63.24 per Hour $493.53 per Cycle A WARD SHM.&e BevuedOWIWOO Aug. 22. 2006 3: 51 PM Bid No. 73624/08 -3 Award Sheet Page 5 of 5 PART 03: AWARD INFORMATION DPM AWARD DATE: 9/15/03 BIDS & CON'T'RACTS RELEASE DATE: 7/25/06 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS: INSURANCE TYPE I TOTAL,CONTRACT VALUE: $554,200.00 USER DEPARTMENT(S) Public Works DOLLAR ALLOCATE_ D $554,200.00 No. 3699 P. 16 AGENDA ITEM #: N/A OTR YEAR: Three (3) of Four (4) DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 5 Awa"SHEU -dx Rarised 04/19/00 Aug.22. 2006 3:49PM No-3699 P. 5 • Procurement Management 7 1 1 NW 1st Street - Suite 1300 MIAMI-,DADE Miami, Florida 33128-1974 T305. 375- 5289F305- 375• -4407 30S-372-6128 AM Cocreinagon miamidade.gov Agenda CoorerAjion Animal services 07/14)2006 Art In Public Places Audit and Management services Ift. Orlando Otero Aviatim SUPERIOR LANDSCAPING & LAWN SERVICE, INC. (650838100) Bwwinl P.O. Box 35-0095 Bulkfing Code Compliance Miami, Florida 33135 Business Development Capital imptowements RE: OPTION TORENEW Gelmne independent Thansponagon That BID NO.: 7362AI08-2 Commission an ELM= and Public Trust Landscaping & Lawn Maintenance Service Communications Community Action Agency Dear W Otero: cwnmm* It Economic omlopmera CDMm&W1Y Relations You are h=by notified that the County intends to exercise our option to renew for the above cDrj-,.F servim referenced contract cbrractiors & MWIN12tion cullum" Affairs The renewal is also contingent upon compliance with the contract documents, wherein you are Ebli-ns required to subruit,new documentation for the option year. Those items have been marked below. Emargamy Management EWIW/W "dons CER_7MC= OF INSURANCE - Shall be submitted to this office EmpowetmentTnm no later than thirty (30) calendar days prior tocommencer`mot of the Enterprise Tidwolog Services new contract b= Environmental Resourcas twolanagement Fair Employment practkm PERFORMANCE BOND - To be submitted to this office no later than Finn`` thirty (30) calendar days prior to commencement of the now contract Fire Vescue term in the Am01mt Of. S A copy of the Performance Bond foam General Servicts, Adminlazavort is enclosed for your use. Hkkoric Pwssr4afloft NO OTHER FORMS WILL BE ACCEPTED. "omtdttt3 Trust In accordance with fflaml-Dade county Ordinance 9830, AN companies with gross revenues Housing Finance Authority over $3 million, must have. an Aftmative Action Plan (AAP) and Procurement Policy on Me "'"""'s with the Department of Business Development. Please contact thi Department of Business Independent Www Fhaa T)P.V41'ftn 104Pzq-7-"-& "�J-'4,%1i'L*'n--d.---,V-M— n -- to koemar-ml Trade Cbwavrtl.- the company not being recommended for award. juvenile Services Medical Examiner Subsequent to the review and acceptance of the above marked item(s), this office shall issue a new Metro-Miami Action Plan purchase order(s). M-aparlitan Planning Ofp-z"— MI; and Recreation The new contract number 60 be 7362-4/08 3, and the term shall be from December 01, 2006, PWvft &M 7aninS through November 30, 2007. Police - Mazzalitnift.1 For any additional information, feel free to contact this office at 305-3754369. P.peq"WI Public Mory System Pubrzcwbru Sal, Neighborhood Forks Solid Waste Miknapmwl Strawgic blusiness MA—Mlern ta Team M] Transit lnzUra;C* Compliance Coordinator Xce an Ufbm Economic witall"gon Vi"a Museum Ard Gardens Water & Fg-Tr 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, losses 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 instru**1e-^-talities as herein provided. The vendor shall furnish to the Vendor Assistance Section, Department of Procurement M,anagetnent, 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 —• •- •--- ___�._._.. .... h' ingle- Ift itper00 C[ rriW ddlff D'* dci7yinjuryaZlpruyerLyMuRar,::c 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 BID MUST APPEAR ON EACH CERTIFICATE. CERTIFICATE SOLDER MUST READ: MIAMI-DADS COUNTY 111 NW I" STREET SUITE 2340 MIAMI, 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 prescriUd 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 2.5 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 ddayys�,, the County may, at its sole discretion, terminate this contract for cause and the General Terms 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 ACa�Q CERTIFICATE OF LIABILITY INSURANCE SUPER-8 OP ID DATE (NIUDD/YYYY) 07/17106 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 141 AlmQria Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gables FL 33134 Phone: 305 -442 -9507 Fax :305 -447 -8527 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURERA: FCC= Insurance CO 8A Superior Landscaping 11 Lawn INSURER arsaeen,m Ww1aywzfi Ina.ce. Servi cEiB , P NURER 0. a� L AN INSURER r O . BOX 141, INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTfl RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY INN POL CIU DEBORIBED HEREIN IS SUaIECT TO ALL THE TERNS. EXCLU81OND AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY W►VE BEEN REDUCED BY PAID CLAIMIL - LTR N9R TYPE OF INSURANCE POLICYNURBER DA PATEN LINRB GENERAL UABILV RRENCE s 1000000 A X COMMERCIALGENERALLIABU.mr QL0003347 03129106 03/29/07 nocwrara S 100000 CLAIMS MADE X� OCCUR y one pawn ) S 5 0 0 0 X PD Dad $500 ADVIWURY PPROD a 1000000 per Claim GREGATE s 2000000 GEN L AGGREGATE L{{1��MppiT APPLIES PEi� COMP/OP A13G S 2 0 0 0 O O O POLICY X JEOT LOC AUTOMOBILE LU BIUTY- a�a�I)u1r�EL LIMIT 61,000,000 A X ANY AUTo CA0005603 03/28/06 03/29/07 (Es ALL OWNED AUTOS 90DILY INJURY = BCHHDUWD AUTOS (Pat I-) A X MIRED AUTOS BODILY INJURY s A X NON14 MED AUTOS IN. eoddent) PROPERTY DAMAGE s (Par:%7Zq !A UGE LIABILITY AUTO ONLY - EA ACCIDENT IS ANY AUTO OTHER TIN EA ACC s AUTO ONLY AGO TS ExCF WMBAE.LALIASILITY EACH OCCURRENCE 151,000,00o k X OCCUR F-I mAIMSMAOE UM10002927 03128106 03/28/07 61,000,000 S DEDUCTIBLE s X RETENTION 510,000 s WORKERS COMPENSATION AND 9 ER REL EMPLOYERS' LIABILITY ANY PROPRIETO(WARTNERIEXECLRIVE IDENT 6 OyFFFIICERIMEMBER EXCLUDED? EA EMPLOYE S und&r 6PECIALN PROVISIONS bM" POLICY LIMIT I S MCRIFTION OF OPERATIONS J LOCATIONS / VEHICLES l VI CLUSIONS ADDED BY FNDOP -MMENT / SPECIAL PROY1W S OR LANDSCAPE m2NTzmmeE sFTViCEB. COVERAGES ARE SUBJECT TO THE TERMS, ONDITIONS, DEDUCTIBLES AND EXCLUSIONS SBOW IN THE POLICY. 10 DAYS NOTICE F CANCELLATION FOR NON - PAYMENT OS PREMIUM. .RTIFICATE HOLDER CANCELLATION MZAMi _D SHOULD ANY OF THE aB0Y8 DESCRIBED POLIeaS BE CANCELLED BEFORE THE ocPIRAnON Du1Tt TINEREOF, THE 139UINOlN6URL'R WILL ENDFAYOR TO MAIL 3 D * PAYS WRITTEN Miami -Dads County NOTI06 TO THE OERTIFICATE MOLDER NAANED TO THE LEFT, BUT FAILURE TO DO SO SHALL Suite 1300 IMPOSE NO OBLIOATION OR LIABILITY OF ANY KIND UPON THE INSURER. IT9 AGENTS OR lii NW 1st Street Miami. FL 33128 -1987 RBPWE WATIVea PRESENTATNE ORD 25 (2001/09) ACORD CORPORATION 1 2006 1' No. 3699 P. 9 Date: TM12008 Time: 3:3® :30 PM Page 2 of 2 Rowu&K Serial # A29837 AON RISK SERVICES, INC. OF FLORIDA 1001 BR[CKELL BAY DRIVE, SUITE *1100 MIAMI, FL 33131 -4937 PHONE: 900-743-8130 FAX: 800.522 -7314 INSURED ADP TOTALSOURCE, INC. 10200 SUNSET DRIVE MIAMI, FL 33173 ALTERNATE EMPLOYER: SUPERIOR LANDSCAPING & LAWN SERVICE AL 1 COMPANY A COWN" B COMPANY G 00WANY D 0721/2006 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE AMERICAN HOME ASSURANCE COMPANY THIS 15 TO CERTIFY TMT THE sm;WZW iEk,=w- `SeV:I- ICIES OF INtIURl1NCE LISTED BELOWFIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVMWSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIK THE INSURANCEAFFORDED B YTHE POLICIES DESCRIBED HEREW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIG1E8, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POLICY NUMBER F� POLICY LIMITS GENERAL LU191LITY - c-e RALAGGREGATE ! CM�ERCW, GENERAL L1A8lnY PROOlIOTS- COAtP1OP AGG ! CI,AI� M+IJIDE � OCCiR .� PERSONAL R ADV NAM ! OVR F3tS 6 COM1RRACi4R S PRdT EACH C f - "M DAM"R ("am fral t AUTOMOBILE LIAEIR.ITY MEDm (Awmemmaq t ANYAUTO COMBINED SWACLKr ! ALL OWNED AUTOS SCHEDULED AUTO9 Bhp t HIREDAUTOS NONdWNEDAUTOB PROPSMOA AGE 6 GARAGE UA13L" AUTO ON.Y- EA ACCDENf IS ANYAUTO OTrE TrMAUTOOPLr. 9A0(ACCDENr It EXCESS LIALIABILITY AGGREGATE S UMSRELLA FORM JEACPf S AOOREaATE ! OTFER TWIN LMMBRELLA FORM ! wowcrR•ecoMrrxaATaNAND 176901g . �wLOyER!'LUan,trf 07/012006 07/01/2007 X ,oRr E. COVERAGE EL EACHACccw s 1,000,000 �� EFFECTIVE 1L0WAW.POULYLjwr ! 1,OOo,Dow arFlCesAat 7/12006 e 37"wo E. DGEAE- EA ES PLaYM ! 1.000.000 :MPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADPlfOTALSOURCE, INC.'8 PAYROLL, WILL BE COVERED :R THE ABOVE STATED POLICY. 'THE A&DVE NAMED CLIENT I9 AN ALTERNATE EMPLOYER UNDER T1418 POLICY. 91IOLRD ANYOF THE ADIMN DEBCRMW POLICIES BE ~CANCSLLLO aSPoRE -Mg MIAMI -DADE COUNTY EMATION OATS Try *P. THE WOUM COMFANY WLL ONDEAVOR Td WL 111 NW 1 ST STREET 30 DAYS WMrMN Na=g TO THB CEii'iW"TE HOLDER NAM® TO THU LIFT, SUITE 1300 &VT FALUM TO MAIL VJCH Na=$FALL IN POSE NO CBUaAnoN an LI491Lny MIAMI, FL 33128 -1987 OF ANY 00 LePON THE O*WM , n ABW9,1 ort REPIMSENTATUEL REFRY ug. 22. 2006_ 3:50P MIAMI -DADS COUNTY BLANSET PURCHASE ORDER o. 3699 —P. 1 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BPO ID: ABCW0601107 PRINT DATE: 07/26/2006 PAGE: 01 ** REPRINT OF ORIGINAL BPO ** VENDOR YD: * * * * * * * * ** PRIME VENDOR SET ASIDE MULTI - VENDOR BYO SUBVENDOR GOAL 00% PRIME VENDOR COWaTMENT: 00% RECEIVED JUL 3 120- SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS COXCERNINC THIS ORDER TO: SANCHEZ, JOSE (305) 375 -4265 ITS ID - EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT 11/30/2007 854,200.00 ------------------------------------------------------------------------------- HID NUMBER 7362- 4/08 -3 PRE - QUALIFIED VENDORS FOR MULTI- VENDOR BPO VENDOR ID SFX VENDOR NAME DISCOUNT TERMS 592613393 01 A NATIVE TREE SERVICE INC NZT30 650549881 01 SANCHSZ ARANGO CONSTRUCTION COMPANY NET30 650838100 01 SUPERIOR LANDSCAPING 6e LAWN SERVICE INC NET30 * tt* t* ttwttt*, r** wssss s** s::# t*# tttt�twwtw* ssw: x::: : : :t * *�tttttttt * *w,rwwwwwwww,r* ITEM COMMODITY ID U/M UNIT COST * try*, r* ww* wss:s::: t** tt* ttt* t*,: wwwsstss ssss : : : * *ttftttttttwirw *s *yews *:sssss: :sir :: 001 988 -36 ly-'am GROUNDS MAINTENANCE: MOWING, EDGING, PLANT (NOT(' ---------------------- - - - - -- -- END OF ITEM LIST ---- = -- - - - - -- - - - - -- AUTHORIZED DEPTS /USERS AUTHORIZED DEPT: PW * * * * *w ALLOCATION: CALLER ID CALLERS NAME DOLLAR'LIMIT PHONE NUMBER wwwwsss: TERMS: Zo/ . zo"' c $854,200.00 ( ) - Aug.22. 2006 3:50PM No. 3699__. -P. 11 MIAMI -DADE COUNTY BLANKET PURCHASE ORDER BPO ID: ASCW0601107- ---- - - - -PR NT- 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 (VAP) IN THE AMOUNT OF TKO PERCENT (2Rs) . THE VENDOR PROVIDING GOODS AND SERVICES VNDXR THIS CONTRACT SHALL INVOICE THE CONTRACT PRICE AND SHALL ACCEPT AS PAYMENT THEREOF THE CONTRACT PRICE LESS THE 2% VAP AS FULL AND COMPLETE PAYMM FOR THE GOODS AND /OR SERVICES SPECIFIED ON THE INVOICE. TIM COUNTY SHALL RETAIN THE 2% VAP FOR USE BY THE' COUNTY TO HELP DEFRAY THE COST OF THE PROC[IRMC3NT PROGRAMS. VENDOR PARTICIPATION IN THIS INVOICE REDUCTION PORTION OF TEE 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 HID 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. M VENDOR•ACCEPTS ALL RISKS ASSOCIATED WITH USING THIS INFORMATION. AUTHORIZED SIGNATURE: x # PF tN'L• ®F ORIGINAL BPO : # * * * ** * *i LAST PAGE * * *** * ** DATE. 7 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 PHONENUM81:. - SENDERS REFERENCENUMSIi1t: M. YOUR RGPERENCE NUMBER Metrong Contact ❑ URGENT ❑ FOR REVIEW ❑ i'LL+ASI: COMMENT 0 PLEASE RLPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: PO BOX 35 -D095. MIAMI. FLORIDA 33135 OFFICE (305) 634 -0717 FAX(305) 634.0744 South Miami Ae- an�Cacity "_ --- CITY OF SOUTH MIAMI INCORPORATED I ��o92�oa OFFICE OF THE CITY MANAGER R INTER- OFFICE MEMORANDUM Zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Vincent A. Landis, Chief of Police Date: September 19, 2006 Subject: School Crossing Guard Contract Item No. 4 Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DARE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. Reason: The Miami -Dade Police Department (MDPD) has been providing excellent school crossing guard (SCG) service to the City of South. Miami for several years. MDPD provides five (5) school crossing guards (SCGs) -to South Miami. Three are posted at Ludlam Elementary and two are near South Miami Elementary. Prior to the 2005/06 school year, the former City' administration was negotiating with MDPD to pay for the services and agreed to pay for services for that school year. Based on projections from MDPD and after analyzing reveinues expected from the countywide SCG ticket surcharge distribution program, $46,000 was budgeted. In July, 2006, MDPD requested payment of $96,148 for services rendered in the 2005/06 school year. Through negotiations, this amount has been reduced to $61,386 and the City is being credited with $22,311 that we would have - received from the distribution fund. This leaves a balance of $39,075 that is owed to MDPD. I am recommending that this amount be paid and that the City enter into the attached interlocal agreement for school crossing guard services. Backup Documentation: • Interlocal Agreement between Miami -Dade County and City of South Miami I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 CONTRACTS; AUTHORIZING THE EXECUTION OF AN 7 INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE 8 COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT 9 AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING 10 GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South 13 Miami desires to establish and maintain a high level of competent 14 professional School Crossing Guard (SCG) service in conjunction and 15 harmony with its fiscal policies of sound, economical management; 16 and, 17 18 WHEREAS, the City should have the flexibility to determine the level 19 and deployment of SCG services and to establish service priorities; and, with 20 the cooperation and recommendation from Miami -Dade County Public 21 Schools, Department of Safety; and, 22 23 WHEREAS, the MDPD, Community Affairs Bureau (CAB) 24 Pedestrian Safety Section (PSS) personnel should be responsive to the assigned 25 schools, student pedestrian/cyclist and school support personnel, and 26 should work cooperatively with school personnel and the City to ensure the 27 safety of the students as they arrive and depart from school property; and, 28 29 WHEREAS, MDC has agreed to render to the City a continuing high 30 level of professional service, and the City is desirous of contracting for such 31 services upon the terms and conditions hereinafter set forth; and, 32 33 WHEREAS, the parties' interest is to develop a long standing 34 relationship in order to effectively serve the City, the applicable school(s) and 35 its students; and, 36 37 WHEREAS, MDC and the City would like to abide by the 38 following principles: 39 40 1. MDPD, PSS should be responsive to the school and its pedestrian 41 students of the City. 42 43 2. MDPD, PSS should work cooperatively with the City and school officials 44 in a problem- solving mode to maintain the safety and welfare of 45 student pedestrians. 47 3. MDC should provide at a reasonable cost, efficient, and high- Additions shown by underlining and deletions shown by ever-s i g. 1 quality training appropriate for SCG personnel. 2 3 4. MDC shall provide to the City for the term of the approved interlocal 4 agreement, and any extensions thereof, competent professional SCG 5 services with the stipulated elementary schools in the City to the 6 extent and in the manner agreed upon by the parties. 7 8 WHEREAS, the Mayor and City Commission desire to approve the 9 attached interlocal agreement. 10 11 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND 12 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 13 14 Section 1. The interlocal agreement attached hereto as exhibit one to this 15 resolution is hereby incorporated by reference and approved by the city 16 commission. 17 18 Section 2. This resolution shall take effect immediately upon approval. 19 20 PASSED AND ADOPTED this day of September, 2006. 21 22 ATTEST: APPROVED: 23 24 25 CITY CLERK MAYOR 26 27 28 COMMISSION VOTE: 29 READ AND APPROVED AS TO FORM: Mayor Feliu: 30 Vice Mayor Wiscombe: 31 Commissioner Birts: 32 Luis R. Figueredo, Commissioner Palmer: 33 Nagin Gallop Figueredo, P.A. Commissioner Beckman: 34 Office of City Attorney Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI SCHOOL CROSSING GUARDS SERVICE THIS AGREEMENT, by and between the City of South Miami a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "the City "), Miami -Dade County, Florida (hereinafter referred to collectively as "MDC "), the Miami -Dade Police Department (hereinafter referred to as "MDPD "). WHEREAS, the City is desirous of establishing and maintaining a high level of competent professional School Crossing Guard (SCG) service in conjunction and harmony with its fiscal policies of sound, economical management, and WHEREAS, the City should have the flexibility to determine the level and deployment of SCG services and to establish service priorities; and, with the cooperation and recommendation from Miami -Dade County Public Schools, Department of Safety, and WHEREAS, the MDPD, Community Affairs Bureau (CAB) Pedestrian Safety Section (PSS) personnel should be responsive to the assigned schools, student pedestrian /cyclist and school support personnel, and should work cooperatively with school personnel and the City to ensure the safety of the students as they arrive and depart from school property, and, WHEREAS, MDC has agreed to render to the City a continuing high level of professional service, and the City is desirous of contracting for such services upon the terms and conditions hereinafter set forth, and WHEREAS, the parties' interest is to develop a long standing relationship in order to effectively serve the City, the applicable school(s) and its students, and WHEREAS, MDC and the City would like to abide by the following principles: 1. MDPD, PSS should be responsive to the school and its pedestrian students of the City. 2. MDPD, PSS should work cooperatively with the City and school officials in a problem - solving mode to maintain the safety and welfare of student pedestrians. 3. MDC should provide at a reasonable cost, efficient, and high- quality training appropriate for SCG personnel. 4. MDC shall provide to the City for the term of this Agreement, and any extensions of the term in accordance with the provisions of this Agreement, competent professional SCG services with the stipulated elementary schools in the City to the extent and in the manner agreed upon by the parties. NOW THEREFORE, in consideration of the following mutual obligations the parties agree as follows: ARTICLE I PURPOSE AND INTENT MDC shall provide to the City competent, courteous, lawful, efficient and effective SCG services, as specified and for the term prescribed in this Agreement. The City will pay for, and cooperate with MDC in the provision of those professional services. The Whereas Clauses express the intent of the parties and are incorporated into this Agreement. ARTICLE II DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as: Community Affairs Bureau (CAB) Major: Shall mean the MDPD Bureau Major who is responsible for overseeing the compliance with contractual stipulations and maintenance of quality service delivery. Personnel: Shall mean MDPD CAB and SCG personnel assigned to the City. School Crossing Guard (SCG): Shall mean certified civilian personnel, employed by MDPD, who are utilized to conduct departmentally- approved pedestrian and traffic safety programs in the area of public elementary schools. SCG's shall be equipped with all standard issued uniform and supplies as depicted in Exhibit A. , SCG Unit: Shall mean the Departmental entity that reports to the CAB Major, which is responsible for coordinating pedestrian and traffic safety programs utilized to assist elementary school children in arriving and departing from schools in a safe manner. The SCG Unit is primarily responsible for providing assistance to all public elementary schools in unincorporated MDC and municipalities that contract services. Service: Shall mean comprehensive SCG patrol services provided each day of the regular academic year excluding summer sessions, except when elementary schools are not in session for whatever reason. Staffing Levels: Shall mean the number of SCG's assigned to and accepted by the City as they are listed in Exhibit B of this Agreement. The levels described in Exhibit B do not include staffing for SCGs during summer sessions. 2 Staff Schedules: Means those schedules prepared by the CAB Major or his designee to appropriately deploy personnel to ensure appropriate resources are maintained each shift. Pedestrian Safety Section (PSS) (Supervisor): Means a designated Supervisor who reports to the CAB Captain. The responsibilities include the supervision, evaluation, and direction of the daily activities of the Pedestrian Safety Project Coordinators, SCG Supervisors, SCGs, and a Secretary. City Officials: Means the council members, City Manager, City Attorney, and employees of the City. ARTICLE III SCHOOL CROSSING GUARD SERVICES MDPD shall provide SCG services, as set forth in this Agreement in accordance with Florida Statutes. 3.1 Without limiting the duty prescribed in the preceding paragraph, MDPD SCG personnel provide services during operational times of the regular public school year, not including summer sessions, Professional Development Days or Teacher's Workdays, Statutory Holidays, any other school holidays and when schools are closed. 3.2 The actual hours of service will be determined by the commencement and dismissal times of the schools identified in subparagraph 3.4. 3.3 Nothing in this contractual Agreement is intended to usurp the authority of MDPD policies and procedures. In addition, nothing herein is intended to usurp the authority of the City, its policies, procedures, and charter. 3.4 SCG services will be provided to the following locations: i. Ludlum Elementary 6639 Southwest 74 Street South Miami, Florida 33143 ii. South Miami Elementary 6800 Southwest 60 Street South Miami, Florida 33143 3 :., r .. ARTICLE IV CONSIDERATION 4.1 Payment for services rendered for each contract year shall be based upon the level of service requested by the City pursuant to Article 7.2. Staffing in excess of the requested service level, listed in Exhibit B, shall require written authorization by the City Manager. The levels described in Exhibit B do not including staffing for SCGs during summer sessions. 4.2 The actual costs shall include direct supervisory and school crossing guard personnel salaries, plus all associated fringe benefits, applicable annual overhead, uniform, other general operating supplies, and standard support equipment. Exhibit D illustrates estimated annual cost based on FY 2005 -06 figures and will be updated in subsequent years if requested by the City. 4.3 Payment for the services provided by MDC for subsequent years shall be based upon the level of staffing services requested by the City Manager utilizing the actual costs of personnel and equipment. 4.4 Vehicle costs for FY 2006 -07 will be charged at the prorated flat rates shown in Exhibit D. At the beginning of subsequent fiscal years, the annual prorated flat rate for vehicles will be adjusted to reflect the updated costs at that time and the City will be billed accordingly. 4.5 An overhead will be charged on services provided to the city and may be adjusted and modified on a yearly basis. The current estimated costs for FY 2006 -07 is shown in Exhibit D. ARTICLE V COMMAND STAFF 5.1 The CAB Major shall, among other specified duties, act as liaison between the City and MDPD. 5.2 In the event the City becomes dissatisfied with the performance of the SCG program, specific concerns regarding performance should be discussed with the CAB Major to ascertain avenues of resolution and immediate remediation, if any. 5.3 MDPD agrees to act expeditiously and in good faith in resolving any problems experienced by the City. M ARTICLE VI EMPLOYMENT RESPONSIBILITY 6.1 All SCG employees and other persons employed by MDPD in the performance of SCG services for the City shall be and remain MDC employees. 6.2 MDPD employees will continue to abide by MDPD policies and procedures established in the Departmental Manual and pertinent subordinate directives. 6.3 MDC is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor and not an employee, agent or servant of the City. Nothing in this Agreement shall be construed to create an employment relationship between the City and any MDC employees. ARTICLE VII EMPLOYMENT: RIGHT OF CONTROL 7.1 MDPD shall have and maintain the responsibility and control of the services rendered, standards of performance, discipline of personnel, all personnel - related matters including but not limited to assigning new personnel, transfers, promotions and any other matters incident to the performance of the services, duties and responsibilities, as described and contemplated in this Agreement. Transfers may be made for promotional, career opportunity, at the request of the employee, or at the request of the CAB Major, or at the discretion of the Director of MDPD or designee. 7.2 Staffing levels are listed in Exhibit B of this Agreement, and may be modified, in consultation with the City Manager, by the CAB Major from time to time as needs arise. The level, degree, type of service and number of positions assigned to each service shall be determined by the City in consultation with MDPD. However, at no time shall the staffing level be less than the determined minimum number of requisite positions mutually agreed upon and reflected in Exhibit C. 7.3 In the event the City Manager becomes dissatisfied with the performance of any personnel assigned to the City, the City Manager shall discuss the concerns with the CAB Major. Upon request of the City Manager, the CAB Major may transfer or reassign personnel out of the City with the concurrence of the Director of MDPD or designee. The CAB Major will promptly address concerns expressed by the City Manager regarding 5 performance of SCG personnel pursuant to this agreement. ARTICLE VIII EMPLOYMENT; AUTHORITY TO ACT 8.1 SCGs provide pedestrian and traffic safety assistance to elementary school children in arriving and departing from schools in a safe manner. 8.2 The PSS shall be authorized to direct the daily SCG operations in the City; effectuate the City's and MDPD's priorities; manage the delivery of SCG services, and ensure the SCG needs of the concerned school and City are adequately met. ARTICLE IX CLAIMS 9.1 MDC is a political subdivision of the State of Florida and has elected to provide a program to administer and resolve claims that would generally be covered by a contractual insurance carrier, subject to the provisions of Section 768.28, Florida Statutes. 9.2 During the term of this Agreement, MDC shall process any and all claims by any parties related to MDC's performance of services specified in this Agreement, subject to the limitations of Section 768.28, Florida Statutes. ARTICLE X INDEMNIFICATION 10.1 To the extent permitted by law and as limited by Section 768.28, Florida Statutes, the City shall defend, indemnify and hold harmless MDC and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by the City, its employees, officers and agents. MDC shall promptly notify the City of each claim, cooperate with the City in the defense and resolution of each claim and not settle or otherwise dispose of the claim without the City's participation. 10.2 To the extent permitted by law and as limited by Section 768.28, N Florida Statutes, MDC shall defend, indemnify and hold harmless the City and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by MDC, its employees, officers, and agents. The City shall promptly notify MDC of each claim, cooperate with MDC in the defense and resolution of each claim and not settle or otherwise dispose of the claim without MDC's participation. 10.3 The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement. ARTICLE XI TERMINATION AND REMEDIES 11.1 In the event the City intends to cancel, terminate, and /or independently contract with another provider of SCG Services, the City shall provide written notification of such intent to MDPD at least 45 days prior to the cancellation date. Upon the date of cancellation of this agreement, the City shall incur all costs and liabilities associated with providing a school crossing guard program, an independently contracted SCG program, or failure to provide any such program. 11.2 In the event that either party breaches this Agreement, other than an event upon receipt of a written request from remedy the breach within 30 days of breach is not cured within the specified party may utilize the remedies of performance, mandamus or injunctive party to remedy the breach. a material term or condition of >f default, the party in breach, the non - breaching party, shall receipt of the request. If the time period, the non - breaching declaratory judgment, specific relief to compel the breaching 11.3 The parties reserve all available remedies afforded by law to enforce any term of condition of this Agreement. The parties shall submit to the dispute resolution procedures of Chapter 164, Florida Statutes, prior to the filing of any legal proceeding. ARTICLE X1 OPTION TO RENEW 12.1 The parties shall meet no later than June 1, 2007, to negotiate the fd terms and conditions of any extension (the "Renewal Term ") to the Initial Term listed in Article XIII and shall conclude such negotiations no later than January 31, 2008, in order for both parties to anticipate budgetary considerations for fiscal year range. 12.2 In the event that the parties cannot come to a mutual Agreement on the terms and conditions of the Renewal Term, this Agreement shall expire on the date specified in Article XIII ARTICLE XIII TERM This Agreement shall be effective retroactively beginning with the first day of the 2005/2006 Academic School year (August 8, 2005) and will expire upon completion of the last day of the 2007/2008 Academic School year, unless terminated earlier as specified in Article XI. ARTICLE XIV INDEPENDENT CONTRACTORS MDC, for the purposes of this Agreement, is and shall remain an independent contractor. ARTICLE XV AUTHORITY TO EXECUTE; NO CONFLICT CREATED 15.1 The County Manager, by execution of this Agreement, represents to the City that he has full power and authority to make and execute this Agreement pursuant to the resolution of the County Commission. 15.2 The City Mayor, by the execution of this Agreement, represents to the MDC that the manager has full power and authority to make and execute this Agreement pursuant to the resolution of the City Council. ARTICLE XVI "AMENDMENTS This Agreement may be modified at any time during the term by mutual written consent of both parties. 8 ARTICLE XVII NOTICE All required notices shall be given by first class mail, except that any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: City: City Manager Yvonne McKinley City of South Miami 6130 Sunset Drive South Miami, Florida 33143 and City Attorney Nagin Gallop Figueredo City of South Miami 6130 Sunset Drive South Miami, Florida 33143 MDC: County Manager George M. Burgess Miami -Dade County Stephen P. Clark Center 111 NW First Street Suite 2910 Miami, Florida 33128 and Director Robert Parker Miami -Dade Police Department 9105 NW 25 Street Miami, Florida 33172 and Office of the County Attorney Stephen P. Clark Center 111 NW First Street Suite 2810 Miami, Florida 33128 M ARTICLE XVIII NON - ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE XIX ENTIRE AGREEMENT 19.1 The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. 19.2 The exhibits referred to and annexed to this Agreement are made a part of this Agreement. 19.3 If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. ARTICLE XX BINDING EFFECT This Agreement shall insure to the benefit of, and be binding upon, the respective parties' successors. Signature Page to Follow 10 ATTEST: By: Maria M. Menendez, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 13 Luis R. Figueredo City Attorney ATTEST: HARVEY RUVIN, CLERK Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By County Attorney 11 CITY OF SOUTH MIAMI, A municipal corporation Horace Feliu, Mayor MIAMI -DADE COUNTY A political subdivision of the State of Florida By its Board of County Commissioners: George M. Burgess County Manager 12 Exhibit A MIAMI -DADE POLICE DEPARTMENT UNIFORM AND EQUIPMENT FOR SCHOOL CROSSING GUARD Quantity authorized School Crossing Guard Supervisor Pair of shoes 5 1 Pairs of long pants (2) 5 1 Shirts with patches (5) 5 1 Jacket with patches 5 1 Name tag 5 1 Baseball cap 5 Safety vests (2) 5 1 Pair of mesh gloves 5 Whistle 5 1 Raincoat 5 1 Belt 5 1 12 EXHIBIT B THE CITY OF SOUTH MIAMI School Crossing Guard Staffing Level Job Classification Quantity Pedestrian Safety Project Coordinator 1 SCG Supervisor 1 School Crossing Guard 5 Total 7 13 EXHIBIT C THE CITY OF SOUTH MIAMI Minimum Staffing Assignments School Crossing Guard Staffing Job Classification Quantity Pedestrian Safety Project Coordinator I SCG Supervisor 1 School Crossing Guard 5 Total 7 14 0 O 0 0 _ s U) Cl) U U) U MI,- 'It M > > > E E co E f6 IC 0 0 3 O C/) 0 U) 0 0 •9 C C ) _N N O O 0 O 0. .0 O = L = L N M N N N Cy N N N N O O O O 0 o o 00 N CO ,F 00 d CO Nan 's'� Li: a, M 00 �n 00 M T CO r 1` 141010 Q N I�t% N� ti N d' M O co F r N W �r O co w Lo aka LO Lo tfi EA'�� 1A 64 co o O co N Un � r- 3 ti c O O `O U � U •Z N a 1G X •� O O N U) C/) CL w U) O Z H O o O o N tD M M 00 00 � 69 O O WA OL N •O C a ca v U) � o N >0CL W J V w J O N CO O O O C3 Z_ Z N CF n d N J (D: a Q o a ,M. 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