04-15-03City of South Miami Ordinance No. 10-00-1712 requires'
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay; an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City
action. "City" action is broadly described to include
the ranking and selection of professional consultants,"
and virtually all- legislative,' quasi - judicial and
administrative action. It does not apply to not- for -
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
A. Roll Call;
B. Invocation
C. Pledge of Allegiance
D Presentation(s)(7:00 p.m.)
None
REGULAR CITY COMMISSION 1
AGENDA - April 15, 2003
South Miami
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2001
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CITY COMMISSION AGENDA
City Commission Meeting
Meeting date :
April 15, 2003 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: April 22, 2003' Phone: (305) 663- 6340
Time: 7430 PM
City of South Miami Ordinance No. 10-00-1712 requires'
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay; an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City
action. "City" action is broadly described to include
the ranking and selection of professional consultants,"
and virtually all- legislative,' quasi - judicial and
administrative action. It does not apply to not- for -
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
A. Roll Call;
B. Invocation
C. Pledge of Allegiance
D Presentation(s)(7:00 p.m.)
None
REGULAR CITY COMMISSION 1
AGENDA - April 15, 2003
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1.
Approval of Minutes - February 18, 2003
March 31 2003
2.
City Manager's Report
a.
Special presentation on recreation centers by Joe Abel, (City of Coral Gables)
b.
Report and recommendation on Code Enforcement Special Master.
C.
Status Report from City Manager on recommendations made by Budget and finance
Committee.
d.
Report on Retirement System incentive Program.
e.
Vice Mayor Russell's nomination for Business Journal.
f.
Update on meeting with Miami -Dade County & residents regarding SW 64th Avenue & SW 68th
Street Traffic Calming issue.
h'
g
Request by SW 70 Apartments, LLC to waive special assessment lien requirement in
agreement.
h'.
Report on Proposal for a Forensic.Audit (no written report).
i.
Report on recent funds for Police Forfeiture Fund.
3.
City Attorney's Report
PUBLIC REMARKS
(5- minute limit)
CONSENT AGENDA
4_
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR GREENBERG TRAURIG,'
P.A., IN THE AMOUNT OF :$4,230.71; CHARGING $4,230.71 TO
ACCOUNT NO. 1500 -514 -3450, :OTHER CONTRACTUAL SERVICES;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
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 $32,817.13; CHARGING
$2,097.50 TO' ACCOUNT NO. 1500- 514 -3435, REAL
PROPERTY /FORECLOSURE; CHARGING $23,949.13 TO ACCOUNT
Nth. 1500- 514 - 3410, LEGAL SERVICES, NON - RETAINER;
CHARGING $738.00 TO ACCOUNT NO. 608 -1910- 521 -3100,
PROFESSIONAL SERVICES, FORFEITURES; AND CHARGING
$6,032.50 TO ACCOUNT NO. 1500- 514 -3452, CODE
ENFORCEMENT; PROVIDING AN EFFECTIVE DATE'. 3/5
(City Attorney)
REGULAR CITY COMMISSION 2
AGENDA - April 15, 2003
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
None
RESOLUTION (S)/PUBLIC HEARING (S)
None
RESOLUTION (S)
6. A; RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA EXPRESSING OPPOSITION TO SENATE
BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS
TO THE BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER
PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE
GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL"
EXERCISE OF THEIR LEGISLATIVE AND QUASI - JUDICIAL
RESPONSIBILITIES AND POWERS; TRANSMITTING THE
RESOLUTION: TO THE PRESIDENT OF THE SENATE, SPEAKER OF
THE HOUSE AND GOVERNOR; PROVIDING AN EFFECTIVE DATE
(Vice Mayor Russell & Commissioner McCrea) 3/5
7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION;
AUTHORIZING CONTRACT WITH KURZBAN,'KURZBAN,, WEINGER &
TETZELZ, P.A. TO DEFEND LAWSUIT' BY MARK RICHMAN
PROPERTIES, INC.; PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
8. A RESOLUTION OF THE MAYOR AND °CITY COMMISSION OF THE
CITY OF SOUTH MIAMI', FLORIDA, RELATING TO CITY MANAGER,
CITY ATTORNEY AND CITY- CLERK; ESTABLISHI -NG GUIDELINES
FOR EFFECTIVE COMMUNICATION WITH ELECTED OFFICIALS;
PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner McCrea)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002- 2003
FISCAL YEAR BUDGET,; AUTHORIZING THE CITY MANAGER TO
FILL ONE RECENTLY VACATED POSITION, PERMIT COORDI+1ATOR,
NOTHWITHSTANDING THE CURRENT HIRING FREEZE; PROVIDING
AN EFFECTIVE DATE 3/5
(City Manager)
10 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE
(LOBBYING) SERVICES; RESCIND: ING RESOLUTION NO. 197 -03-
11546, ADOPTED DECEMBER 17, 2002, WHICH- APPROVED
FUNDING IN AN AMOUNT NOT TO EXCEED $42,000.00 FOR THE
REGULAR CITY COMMISSION 3
AGENDA April 15, 2003
FIRM OF GOMEZ, BARKER AND $42, 000.'00 FOR THE FIRM ' OF
RONALD L. BOOK, P.A.; PROVIDING AN EFFECTIVE DATE.
(Commissioner Bethel) 3/5
11.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE
(LOBBYING) SERVICES; APPROVING FUNDING IN AN AMOUNT NOT
TO EXCEED $42,000.00 FOR THE FIRM OF GOMEZ BARKER AND
$24,500 FOR THE FIRM OF RONALD L. BOOK, P.A.; FROM
ACCOUNT NO. 001 -1315- 513 -3450' ENTITLED "'CONTRACTUAL
SERVICES" PROVIDING AN EFFECTIVE DATE.
(Commissioner Bethel) 3/5
12.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO FUNDING FOR
EVENTS AND USE OF CITY PROPERTIES, ESTABLISHING'
PROTOCOL AND GUIDELINES TO BE USED FOR PURCHASE OF
TABLES FOR EVENTS AND USE OF CITY COMMISSION CHAMBERS
FOR SPECIAL EVENTS; PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner's Bethel. & Wiseombe)'
13.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ADDENDUM
NUMBER ONE TO AGREEMENT WITH MI,AMI -DADE ` COUNTY AND THE
CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE MULTI-
PHASE WATER MAIN IMPROVEMENTS AND CITY OF SOUTH MIAMI
WATER MAIN EXTENSION, PHASE'1A &:1B KNOWN TO 'MIAMI -DADS
WATER AND SEVER DEPARTMENT (MDWASD) AS ID# 17656;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
14.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH < MIAMI, ; FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER
WITH KIMLEY -HORN AND ASSOCIATES,, INC. FOR PROFESSIONAL
ENGINEERING SERVICES FOR NORTHSIDE'- TRAFFIC FLAN /STUDY
FOR AN AMOUNT` $14,300.00 TO BE CHARGED TO TRAFFIC
CIRCLE BOND ACC OUNT'NO_ 00.1- 0000 - 132 -2052; PROVIDING AN
EFFECTIVE DATE 3/5
(City Manager)
15.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF
UNDERLYING' PLAT FOR THE SOUTH MIAMI STATION OF THE
RAPID TRANSIT ZONE; THE PROPERTY BEING LOCATED WITHIN A
MIAMI -DARE COUNTY ZONING DISTRICT ENTITLED "STAGE 1
FIXED - GUIDEWAY 'RAPID TRANSIT SYSTEM - DEVELOPMENT ZONE;
PROVIDING AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 4
AGENDA
- April 15, 2003
-^''
(City Manager)
ORDINANCE (S) FIRST READING (S)
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STREETS;
AMENDING ORDINANCE NO. 01 -03 -1785 IN ORDER TO CORRECT
SCRIVENER'S ERROR AS TO STREET' ADDRESS, APPROVING THE
TRANSFER JURISDICTION OVER CERTAIN STREETS TO MIAMI
DADE COUNTY; PROVIDING FOR SEVERABILITY`, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Attorney)
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 W (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 ITO MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS'
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE'
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE ;CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW:
REGULAR CITY COMMISSION 5
AGENDA April 15, 2003
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tol"V CITY OF SOUTH MIAMI South Miami
�b fw Excellence, Integrity, Inclusion
2001
TO: Sanford A. Youkilis DATE: April 10, 2003
Acting City Manage 4 r
FROM: W. Ajibola Balogun ITEM No.
Public Works Director RE: Update on meeting with Miami -Dade County
& residents regarding SW 64th Avenue & SW 68th
Street Traffic Calming issue.
As an update to our meeting with Miami -Dade County at the referenced intersection, the attached
report have been prepared to highlight the alternatives discussed during the meeting. The cost
provided for each alternative are preliminary estimates and the do not include survey (if
additional survey will be needed), engineering and permitting fees, known as soft cost. After
including estimated soft cost, the preliminary estimates are:
❑ Alternative 1: Traffic Circle Not applicable
Ll Alternative 2: Speed Table $38,000.00
Ll Alternative 3: Switching Stop Signs $27,000.00
Ll Alternative 4: Three -way or Four -way Stop $23,000.00
Ll Alternative 5: Diagonal Diverter $27,000.00
The county may not approve alternatives 3 & 4 due to low traffic volumes reported in the Marlin
Engineering study. Although alternative 5 would require a petition from the residents agreeing to
the proposed diverter, we recommend Alternative 5 because it is safer, viable and fits naturally
with the existing roadway geometry.
Should you have any questions or comments, please do` not hesitate to contact me.
END OF MEMORANDUM
r�
April 10 2003
a
su�1e ago
8603 aonh Dide Highway
Miami, Florida
Mr. W. Ajibola Balogun, Director
3314E
City of South Miami Department of Public Works
4795 SW 75 Avenue
South Miami, Florida 33155
Re, Traffic Calming Alternatives for the Intersection at.
SW 68' Street and 64' Avenue
City of South Miami
Dear Mr. Balogun:
It is our understanding that some of the local residents have complained
about vehicles regularly exceeding the speed limit along SW 64'h Avenue
between SW 70' and 66' Streets, and that for this reason, the residents
have requested the City implement some method of traffic calming at the
intersection of SW 68'h Street and 64' Avenue. It is also our understanding
that the City of South Miaani previously retained the services of Marlin
Engineering to prepare a traffic study that included the above- referenced
roads and intersection, and the study showed traffic volumes at the
intersection of SW 68" Street and 646 Avenue were too low by traffic
standards to warrant additional traffic contxols,
The intersection of SW 68' Street and 64" Avenue currently operates as a
two -way stop along SW 68`' Street, with through traffic on SW 64"
Avenue. The existing platted rights -of -way of SW 68°i Street and 641
Avenue are 50 feet wide, except at the SW comer of the intersection,
where the south right -of -way of SW 68'h Street mind west right-of-way of
60 Avenue have not been dedicated and remain under private o�mership,
The spatial constraints created by the lack of available public right-of-way
and t d=' physical obstructions at this intersection make it very difficult to
provide a roadway layout that is in conformance with accepted roadway
design, standards,
TEL M5 882 6445
FAX 305 862 6492
04/1010.3 THU 1:3:17 FAX 305 362 6492 HIMLE —HORti DADELAND Zoo3
Kirnley -Horn CRY Of Squkh Miami, April 10, 3043, Paget
and Associates, irc.
The existing asphalt roadways approaching the intersection are narrower
than the current minimum standards, ranging from 16 to 18 feet in �,dth.
There is a lame tree within the private property on the Ste' calmer that is
dangerously close to the edge of the roadway, The tree. also obstructs the
view of vehicles traveling east on SW 68`' Street from vehicles traveling
north on SW 64" Avenue, and vice - versa. On the opposite (NE) corner,
there are two utility poles also close to the edge of the road. Additionally,
the sidewalk on the SE corner is approximately two feet from the edge of
the road, with no curb of barrier to protect pedestrians'.
In our professional opinion, it would be irresponsible to construct any
traffic calming improvements at this intersection without also addressing
these ether inherent deficiencies.
The City of South Miami currently ovens, maintains and operates the
roadways., and Miami -bade Cody has jurisdiction over traffic controls.
Several alternatives for traffic calming have been evaluated and discussed
with the City of South Miami Department of Public Works and Miami-
Dade County Traffic Section. Some of these alternatives are listed below:
along with comments. The Opinions of Probable Costs listed with each
alternative afire preliminary' and include costs for additional improvements
required to bring the intersection layout and geometry up to current
minimum roadway standards. 'Those additional improvements may ;include
the reconfiguration of asphalt pavement and roadway base, and addition of
concrete curbing.
1. Traffic Circle
■ Based on current roadway design standards, a traffic circle does not fit
within the existing physical (tree and poles) and boundary (�Ja right-of-
way) constraintss.
Cast not provided
11. Speed Table Intersection
• Requires constructing an additional lift of limerock base and asphalt
pavement over entire intersection to create a raised table;
• Drainage improvements would be required to address changes in storm
runoff flow patterns created by raising -the intersection.
- U4/11/03 FRt_10 :43 FAX 305 662 6492 IiIMIEY -HQR\ DADELAND
City of South Miami, April 10, 2003, Pagd
■ Due to the visual obstruction created by the tree on the SW corner, it is
strongly recommended that SW 68" Street west of SW 64" Avenue be
converted to one-way westbound.
This is the costliest of the alternatives discussed.
$32,000.00*
I'll. Switching Stop Signs from SW 68' Street to 64a Avenue
• Miami -Dade County requires that the criteria for a Stop Warrant be
satisfied, as stipulated in the Manual of Uniform Traffic Control
Devices (MUTCD). Due to the low traffic volumes reported in the
Marlin Engineering study, these criteria would more than likely not be
met.
• Due to the through - traffic condition that would be created on SW 68'
Street, the east and west legs should be realigned to face directly
toward each other to direct traffic safely through the intersection. This
requires additional roadway pavement and base along the north side of
Sid'' 680' Street, on the east approach to 64" Avenue.
• Requires reducing the SE and NW turn radii (by removing pavement)
or providing curbed traffic separators in order to bring proposed stop
signs on SW 64' Avenue closer together,
• Due to the visual obstruction created by the tree on the SW corner, it is
strongly recommended that SW 68" Street west of SW 64" Avenue be
converted to one -way wvestbou n1d.
$2400.00*
TV. Three -way or Four -way Stop
® Miami -Dade County requires that the criteria for a Four -way Stop
Warrant be satisfied, as stipulated in the Manual of Uniform Traffic
Control Devices (MUTCD). Due to the low traffic volumes reported in
the Marlin Engineering study, these criteria would more than likely not
be meta
04/10/03 THU 13 18 FAX 305 662 3492 NIMLEY- HOE} DADELANn �UUS
K6iilley-Horn City orsouthI RMI,AprilIn,2003,rage4
and ksocates Irtc.
= Requires reducing the SE and NW turn radii (by removing pavement)
or providing curbed traffic separators in order to bring proposed stop
signs on SW 64u''Avenue closer together.
Due to the visual obstruction created by the tree on the SW corner, it is
strongly recommended that SW 68' Street west of SW 64`x' Avenue be
converted to one -way westbound.
This alternative is very similar to the above, with the exception of the
added step condition westbound on SW 68'h Street.
S17,000.00*
V. Diagonal Diverter (closine through traffle on SW 64th Avenpe)
■ Obligates` northbound traffic on SW 646 Avenue to turn east (right) on
SW 68' Street, and southbound traffic on SW 64' Avenue to turn west
(right) on SW 68' Street. This would eliminate norWsouth traffic flow
on Svc 64' Avenue across SW 68" Street.
• Requires a significant amount of directional signage at the intersection
and advance warning signage at the approaches in all four directions.
• Existing northlsouth traffic volumes on SW 64' Avenue would be
displaced to SW 63' Court.
• Miami -Dade County requires that all residents affected by the
diversions sign apetition agreeing to the road closures.
• This alternative moves the edge of tlfie roadway away from the existing
tree and utility poles, and fits well within the existing horizontal
roadway geometry.
S251000v00*
l xciudes engineering design and perr ilting fees.
Strictly from a roadway design perspective, the diagonal diverter is the
preferred alternative because it fits naturally with the existing roadway
geometry, allows the use of standard roadway design payrameters, and
provides the highest degree of traffic calming. However, other issues such
as funding limitations and public opinion must also be considered. The
, r, ,;� -°:;, y. �- ,..-, s ..�.,. :'�°Ut, =.-ter :- •4s;.,,.. ,r,�. -r,. i wn.:., s--src ^'fli"rzargn-„a `..r.; T�rsc- ?ca^r;� ��,-; — ,��;�'�'�„a""^F^'�G.- ^:'°,: �*c�z-�,'+i^ -^,, .ate- ' vc„ . w:. 3s ,�,3- r`.,'„a+ue'..,ci'�•.w.�,. i
04/10/03 THU, 13:19 FAX 305 662 4492 KIMLkY -HORti DADELAND ZoOe
KimleyWorn city ofSoulb Mimi, mi, April 10, 2003, Fagg
and Associates, Inc.
three -way stop with one -way westbound on SW 68' Street may also work
without excessive modification of existing physical conditions. The anther
alternatives discussed are not recommended.
We appreciate the opportunity to serve the City on this matter. Should you
have any further questions please do not hesitate to contact me.
Sincerely,
Kimley Horn and Associates, Inc.
Juan E. Jimenez, P.E.
Project Manager
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so a y CITY OF SOUTH MIAMI South Miami
IT,
Dui
.» Excellence, Integrity, Inclusion
INCORPORATED
1927
taRtv 2001
TO: Sanford A. Youk lis DATE: April 10, 2003
Acting City Mana r
FROM: W. Ajibola Balogun ITEM No.
Public Works Director RE: Request by SW 70tApartments,
LLC to waive special assessment lien
requirement in agreement.
As you know, a new development in ongoing at the intersection of SW 591h Place and SW 70th
Street. During the planning and permitting` process for the project, the developer agreed to
upgrade the existing drainage system abutting the property. The developer also agreed to
maintain the improved drainage system in good repair at all times, at its sole expense, and
prevent the drainage, system from becoming traffic and pedestrian hazard.
For the past few months, we (Public Works Department and City Attorney's office) have been
working with the developer on the attached maintenance agreement. With minor final revisions,
we have basically agreed on all sections of the agreement except Section 9, Special Assessment
Lien. The developer is requesting that we omit the second sentence "The lien shall have the
status and priority of a special ,assessment lien, and shall take precedence of mortgage on the
property." The developer does not object to placing a lien on their property, but their lender did
not agree to subordinate their mortgage.
As a result, they have asked to come before the City commission to request for a waiver of the
requirement. Mr. Chad Williard, the 'developer's attorney is expected to present their request
during the City Commission meeting.
Should you have any questions or comments, please do not hesitate to contact me.
END OF MEMORANDUM
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RIGHT OF WAY EASEMENT AND MAINTENANCE AGREEMENT
BETWEEN CITY OF SOUTH MIAMI AND
SW 70' APARTMENTS, LLC
Whereas, Owner has requested, and the City has agreed, subject to the terms and
conditions in this Agreement, to grant Owner the right to construct off -site drainage
facilities on the City's ' right -of- -way abutting the property as ` described below (the
"Property"); and,
Whereas, the address of the Property is located at 6001 SW 70th Street, South
Miami, Florida 33143; and,
Whereas, the right -of -way is located on SW 59th Place, SW 69th Street, SW 70th
Street and SW 61St Avenue; and,
Whereas, the drainage improvements consist of four drains and drain fields into
which drainage from the public right-of-ways shall flow; and,
Whereas, the drainage plans and specifications for the property prepared by Sun-
Tech Engineering have been approved by the City.
Now, therefore, this Agreement is entered into this day of February 2003,
by and between the City of South Miami,; Florida, a Florida municipal corporation, and
SW 70th Apartments, LLC a Florida limited liability corporation, for itself and for its
successors, assigns and heirs (Owner), in and for the consideration of ten dollars ($10.00)
and the mutual covenants contained in this Agreement, the receipt and legal sufficiency
of which is acknowledged by both parties.
1. WHEREAS CLAUSES
1.1. The above Whereas clauses are incorporated into this Agreement:
2. LEGAL DESCRIPTION OF THE PROPERTY AND RIGHT -OF -WAY
2.1 The property which is bound by this Agreement is legally described
as:
Lots l through 25, Block 15, Larkins Townsite Subdivision,; City of
South Miami, as recorded in Plat Book 2, at Page 105 of the Public
Records of Dade County, Florida.
2.2 The right -of -way upon which the drainage improvements are to be
constructed and maintained by SW 70th Apartments, LLC is legally described as follows:
SW 70th Street between SW 59th Place and SW 61St Avenue; SW 69th
Street between SW 6l 't Avenue and SW 59th Place; SW 61St Avenue
Page 1 of 6
a
between SW 69th Street and SW 70fl' Street; SW 59�' Place between
SW 69h Street and SW 70'' Street
3. DRAINAGE IMPROVEMENTS
3.1 Owner shall construct the drainage improvements on the above-
described right -of -way in accordance with the plans which were prepared Sun -Tech
Engineering, dated 2/28/02 as later amended, and which were approved by the City on
12/9/02, and as they may be amended by Owner and approved by the City from time to time
(collectively the "Approved Plans").
3.2 Owner shall satisfy all state, county and City plan review, permitting
and construction standards, including, but not ` limited to limiting the location where
drainage trenches can be installed and specifying the standards for drainage system
construction.
3.2 Owner shall maintain the drainage improvements in good repair at all
times, at its sole expense, and prevent the drainage improvements from becoming traffic and
pedestrian hazards. The Owner shall' be entitled to enter the right -of -way as necessary to
perform necessary maintenance, subject to standard permit requirements. The City shall
have the right, but not the obligation, to repair the drainage improvements upon giving the
Owner 30 -days written notice of any necessary repairs, ` and Owner's failure to perform the
repair within an additional 30 -day period. , The cost of the repairs' shall be charged to and
shall be reimbursed by the Owner within 30 days of receipt of the invoice from the City.
3.3 Owner shall have the right to enter the right -of -way for the purpose
of constructing and maintaining the drainage improvements. Owner shall secure
necessary permits from the City to perform the work and shall notify the Public Works
Department of its work schedule and work plans'.
4. RESERVATION OF RIGHTS
4.1 The City reserves the right to enter upon the right -of -way at any time
for any municipal purpose, including, but not limited to, clearing accidents, maintaining
the right -of -way, placement of telecommunication cables and equipment. The City, or its
agents and licensees, and independent contractors, shall disturb the drainage
improvements as little as possible to accomplish the municipal; purpose; and the City
shall be responsible for repairing any damage to the drainage improvements caused by
the City, its agents, licensees and independent contractors.
5. CORRECTION OF UNSAFE CONDITION
5.1 The drainage improvements shall be maintained in a safe condition
at all times by Owner. In the event the City determines that an unsafe or dangerous
condition exists in the right -of -way which is caused in whole or in part by the Owner's`
Page 2 of 6
ww
. = ."`; .,--- ...- -r '-,. .- 5a.,.7w- �r.. —r.c. ..�°'�-r, .,^. ,--7, h; °s,�... =o: €* " „- ,' `:° :; 6.„�?c ,"' _ww±"'::
a
failure to maintain or to restore the improvements as required under this agreement, the
City has the right, after giving the Owner 30-days written notice, to cure, repair, correct
or modify the drainage improvements and the affected right -of -way at the Owner's
expense.
5.2 If the City determines that the unsafe or dangerous condition is of an
emergency nature, which threatens public safety or damage to property, it may take
immediate action to remedy the situation. The ,City shall give notice of the emergency
condition and the corrective action to the Owner as soon as is practicable.
6. INDEMNIFICATION AND HOLD HARMLESS
6.1 Owner shall indemnify, defend and hold the City harmless for any
claim, investigation, settlement, judgment or expense, including reasonable attorney's
fees and costs necessarily incurred, arising out of or relating to any claim for death or
bodily injury, property damage, including damage to the right -of -way, or personal injury
that is caused in whole or in part by the construction and maintenance, or the failure to
maintain the drainage improvements.
7. UTILITY AND RIGHT OF WAY IMPROVEMENTS
7.1 Owner shall install additional inlets and pipe to route runoff from
the right -of -way to existing inlets pursuant 'to the approved plans.
7.2 Owner shall upgrade the right -of -way pursuant to the City's current
master plan, as depicted in the approved plans, including streetscapes, wider sidewalks,
landscaping and applicable texture pavements.
8. STORM WATER USER FEES
8.1 Owner shall be responsible for payment of Stormwater User Fees to
Miami -Dade County for the property which shall be determined based solely upon the
on -site and the off site impervious square footage of the Property.
9. SPECIAL ASSESSMENT LIEN
9.1 Any cost incurred by the City to maintain or repair the drainage
system, either incident to an emergency action or upon the failure of the Owner to
maintain or repair the system as required under this agreement after receipt of written
notice by the City, or to correct a dangerous or unsafe condition, or any cost incurred by
the City to defend or pay any claim, investigation, settlement, judgment or expense,
including reasonable attorney's fees and costs necessarily incurred, arising out of or
relating to any claim for death or bodily injury, property damage, including damage to the
right -of- way,' or personal injury that is allegedly caused in whole or in part by the
construction and maintenance, or the failure to maintain the drainage improvements shall
Page 3 of 6
constitute a lien against the property. The lien shall have the status and priority of a
special assessment lien, and shall take precedence of mortgages on the property. The
City shall have the right and the power to record the lien if the cost is not paid by the
Owner to the City within 30 days of issuing the invoice for costs and to thereafter enforce
the lien by foreclosure and by any other lawful means.
10. PERPETUAL DURATION OF RIGHTS AND OBLIGATIONS
10.1 The rights, powers and obligations under this Agreement shall run
with the property into perpetuity and shall bind the successors, assigns and heirs of the
Owner and the City.
10.2 This Agreement shall be recorded ' and the property shall be
encumbered by this Agreement:
11. NOTICES
11.1 All notices given or required under this Agreement shall be deemed
sufficient if sent by certified mail, return receipt requested, to the addresses of the Owner
specified in this Agreement, unless the Owner shall specify in writing different address'
for the giving of notices.
12. CONTRACTING OFFICER REPRESENTATIVE
12.1 For the purposes' of this Agreement, the contracting representatives are
as follows:
For the City of South Miami For SW 70th Apartments, LLC
Name: Sanford A. Youkilis, AICP Name: Marc S. Pollack
Title Acting City Manager Title: [][Authorized Agent
6130` Sunset Drive 5555 Glenridge Connector
South Miami, Florida 33143 Suite 700
Telephone: (305) 668 -2510 Atlanta, GA 30342
Facsimile: (305)``663 -6345 Telephone: (404) 459 -6100
Facsimile: (404) 459 -6248
13 JURISDICTION AND VENUE
13.1 For the purposes of this Agreement, Florida law shall govern the
terms of this Agreement. Venue shall be in Miami -Dade County, Florida.
14. NON- WAIVER OF SOVEREIGN IMMUNITY
14.1 The City does not waive sovereign immunity, and shall not be liable,
Page 4 of 6
a
for the payment of attorney's fees or prejudgment interest.
15. INSURANCE
15.1 Owner will maintain throughout the period of this Agreement
Comprehensive General Liability insurance, All Risk insurance, Builder's Risk
Insurance, Workers' Compensation Insurance, Commercial Liability Insurance, and
coverage for legal liability for loss or damage to drainage improvements and the City's
right -of -way 'arising from negligence of Owner's employees. The policies shall have
minimum limits no less than $ 1;000,000.00, and name the City as an additional insured.
16. SIGNATORY AUTHORITY
16.1 The officials executing this Agreement warrant and represent that
they are authorized by their respective agency to enter into a binding Agreement.
IN WITNESS WHEREOF, this Agreement is accepted and delivered on the date
stated above by the following signatories.
CITY OF SOUTH MIAMI SW 70' Apartments, LLC
Property Owner
By: By:
Sanford A. Youkilis, AICP, [Print
Acting City Manager Name:
As:
[Print Corporate Title]
ATTEST: ATTEST:
By: By:
Ronetta Taylor, City Clerk [Print
Name:
As:
[Print Corporate Title]
APPROVED AS TO FORM AND
CONTENT:
By:
Earl G. Gallop, City Attorney
Page 5 of 6
�`"'u „"r,v�-w�.-,.. .;;- - .,�� ... .. „�,- �-r-A.. -::... .. .-.ai ; .=: s. --r^ ,�s-m��;'�, :.p+�.; � '�, -f r-'"4^, ',r �-,?-a,.. -� r'”' .,a"'+ F; r°a'r"."- �' -;'., ^sr=r°, -�. ;,r. r„•`'a. , yea„
STATE OF FLORIDA
ss:
COUNTY OF MIAMI -DADE ; )
ACKNOWLEDGEMENT OF PROPERTY OWNER
The foregoing instrument was acknowledged before me this day of
2003 by of
, as , on behalf of the Property
Owner, who is personally known to me or has produced as
identification.
Notary Public, State of Florida
Print name:
Commission No: ,
STATE OF FLORIDA )
ss:
COUNTY OF MIAMI -DADE )
ACKNOWLEDGEMENT OF CITY OF SOUTH MIAMI
The foregoing instrument was acknowledged before me this day of
, 2003 by SANFORD A. YOUKILIS, AICP, Acting City Manager, and
RONETTA TAYLOR, City Clerk, of the City of South Miami, on behalf of the City, who
are personally known to me.
Notary Public, State of Florida
Print name:
Commission No:
Page 6 of 6
04/11/03 13: 54 FAX
Z 002/004
April 11, 2003
'1s. Jeanette Enrizo-Navarro
Ponsion Administrator
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Rule of 70 Study with Buy Back of Service as of October 1, 2001
Dear Jcaaettc:
As requested, we have performed an Actuarial Study to deter ine the cost of ope ng a
retirement incentive window for active members for ninety (90) days ending September
1, 2003 for eligible members who satisfy the Rule of 70. For purposes of this Study, a
member is eligible for the Rule of 70 window if attained age plus credited service
(mini morn ten (10) years) is equal to or &neater than 70. We, have calculated the
incremental increase in Retirement Plan cost with and without allowing the buy back of
service. As discussed, we have not calculated the cost of theproposedhealth imurance
coverage.
Back-ground -- The Plan currently provides for a normal retirement date of the earlier of
attainment of age 55 and completion of ten (1 0) years of credited service for General
Employees and provides for a normal retirement date of the earlier of attairtment of age
60 and completion of ten (10) ym-s of credited service or completion of twenty-five (25)
years of credited service regardless of age for Police Officers.
Results We have performed the necessary calculations to detmixine that the
incrementaj 4gnuall cost of opening a Rule of 70 retirement incentive window with and
without the buy back of service split between membership status.
T_
AU
Eligible Payroll
Ru of 70 —
Rule A;i�ual Cost
General
$265,004
S 13,939
police
S 217,962
S 12,346
Participants
S482,966
$ 26,285
Cost. Buy
S 757
rvice of Se Backs
5(
$ 57,151
S 113,378
Rrtle 70 Buy Back
of with
Service Lcui—Li
$ 20,056
LI
_j.L �
S 3�,975
(a61f11; 13;55 FAX
003/004
Ms, Jeanette Enrizo -N avarro
April 11, 200
Page
Actuarial Assumptions and Methods, F arr :ciaf Data and Member Census Data - The
actuan,91 assumptions and methods and financial member census data employed for
purposes of our Study are the same actuaria) assurr tion.s`arad methods and fmancibal data
to be used for the October 1 2001' Actuarial Valuation, except that actual earnings
(I 0/1/2001 — 9/30/2002), current rate of pay and years of purchasable service were
provided by the City.
Attached please find an Exhibit with Study information for eligible members based upon
data reported by the City. The information is broken out by individual. Study casts are
developed assume that all eligible members opt for the proposed benefits (worst case).
Casts developed for the buy back reflect the preliminary results of the October 1, 2001
Actuarial `valuation_
We look forward to discussing the results of our Actuarial Stady with the interested
parties and to responding to any questions that may arise.
Sincerest regards;
Lawrence F. Wilson, A.S_A.
Senior Consultant and Actuary
Enclosurer
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A g C p E F G H
I
30
31
COST OF REINSTATING OFFICERS
32
33
NUMBER-
CURRENT
'PROPOSED
CURRENT
PROPOSED
DIFFERENCE
34
POSITION
POSITION
PAY RATE
PAY RATE
35
36
#1
CAPTAIN
ASST CHIEF
77,789.92
85,263.36
7,473.44
F
#2
LIEUTENANT
CAPTAIN
75,520.64
78,994.24
3,473.60
38
#3
LIEUTENANT
LIEUTENANT
73,871.20
73,871.20
39
#4
SERGEANT
LIEUTENANT
66,842.80
68,103.36
1,260.56
40
#5
SERGEANT
LIEUTENANT
68,631.68
73,198.94
4,567.26
41
#6
POLICE OFC
SERGEANT
50,822.72
56,028.96
5,206.24
42`
43
413,478.96
435,460.06
21,981.10
44
i
A B C D E F G
H
I
45
46
PROJECTION OF REINSTATEMENT FUNDING
47
48
ASSUMPTION; IF EMPLOYEE #8 RETIRES AND THE CITY PAYS THE BUY BACK WITH RULE OF 70
49
50
TOTAL SAVINGS
ANNUAL
51
52
SALARY
77,580
53
FICA
5,935
54
HEALTH INSURANCE
4,158
55
DISABILITY INSURANCE
315
"* PLEASE NOTE THAT COST OF BUY BACK CONSISTS OF A ONE -TIME
56
LIFE INSURANCE
144
PAYMENT OF $30,397 AND ANNUAL PAYMENT OF $7,919 FOR 30 YEARS
57
HAZARD PAY
910
58
CLOTHING ALLOWANCE ,
500
59
EDUCATION INCENTIVE
1,440
66
61 ISUB
TOTAL
90,982
62
LESS COST OF BUYBACK WITH RULE OF 70
(38,316)
63
NET SAVINGS`
52,666
64
i
H
65
66
ASSUMPTION: IF EMPLOYEES 08	 RETIRE$ AND THE CITY PAYS THE BUY BACK WITH RULE OF 70
67
$8
EMPLOYEE M
g
7
69
70
TOTAL SAVINGS
ANNUAL
ANNUAL
71
72
SALARY
77,580
73,871
73
FICA
5,935
5,651
#8
74
HEALTH INSURANCE &DENTAL
4,158
4,294
-PLEASE NOTE THAT COST OF BUYBACK CONSISTS OF A ONE -TIME
75
DISABILITY INSURANCE
315
278
PAYMENT OF $30,397 AND ANNUAL PAYMENT OF $7,919 FOR 30 YEARS
76
LIFE INSURANCE
144
144
77
HAZARD PAY
910
910
#9
78
CLOTHING ALLOWANCE
400
400
- PLEASE NOTE THAT COST OF BUY BACK CONSISTS OF A ONE -TIME
79
EDUCATION INCENTIVE
1,440
1,560
PAYMENT OF $13,475 AND ANNUAL PAYMENT OF $8,014 FOR 30 YEARS
80
81
SUB TOTAL
90,882
87,108
82
LESS COST OF BUYBACK WITH RULE OF 70
(38,316)
(21;489)
83
NET SAVINGS
52,5661
65,619'
RPR -07 -2003 13 :05
.02102
,a ev
aaQn °� ` -^
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Publication Date: May 16, 2003
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C`ONGRAT1JLATIONS TO TN1S YEAR'S FINALISTS
AecouN iNG
Suzanne paltt
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lonnuer Jones REAL ESTATE- BROKERS
Mlehad salter
SLey Q production,
MWOPCS, Inc
Latitudes Marketing & ivcnta Jacqueline Blake
RSM'MtGladroy.inc./
McGladrey & Pullen
FINANCE
Jason Welch
Neil Murphy Cushman & %kcReld of Florida, Inc.
Frank Gonzalez
Todd Cohen
R.(.C, Executive Search
0ankMandc
Brian C>llanan
Morrison, Brown, Argiz
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LEGAL
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,
&Company LLP"
Tony David&
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Nicole Bernard Michael Fay
U? Sweeney. CPA
Nome Equity Mortgage
Glister, Yoaklty & Stewart, P.A.
Memorial Healthcare Systems Aboed Wood -Fay
Mahoney Cohen Family
Basil Khalil
Justin llogutt
Real Estate Group, LLC
Arsry Brand
'Office Service. LLC
FedEx Express, Latin America
Vvlhbm L. Petros, RA.
Bethesda Hosphal Foundation Christine Grays
n., �4..,,..,,
Cz/Ie�rMIJCn� $ DESIGN
& Caribbean Division
)Ord; Guso
Jessica Cecere Codina Realty Services
Katie Fltxpatrick
Chuck Smut
Berger Sin erman
Consumer Credit Counsalin Service Jonathan Pertehlk
Miller Construction
The Stout Insurance Group, Inc,
Jason Murray
Rochelle Darman The Staubach Company
Robert Maphis, RI
Todd When
Carlton Fields
March of Dimes REAL ESTATE
larises A, Cummings, .Inc,
Southern Auto Finance Company
Irwin Ralj
Marvin Deje>tn DEVELOPERS
%Wkolo Marker
HEALTHCARE
Foley & Laninor
Minority Development &
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Courtells Construction
Patrick Maloney
Meenu Saner
Empowermem: Sunbeam Properties
Chad O enbeim
PP
Coral Springs MedialCenler
Gunter, Yoakley & Stcvart, P.A.
Shelley Leven; Margolis
Li59etto Calderon
o PP eim Architecture & Design
Matthew MuharL
Stephen Tllbrook, Esq.
02nkAtandc Foundation NEO Development Corporation
ENTREPRENEUR
Memorial Healthcare Systems
Shuns & Bowen
Mary Scott Russell Seth Wire
Rosemary Amaral
Mike Tema!
MARKETING
Cny or south Miam1- Levin Commercial
Stir lne Language School
OMiked America
Orlando L Alraret Jr,
vice Ma>rots Omre
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GinaCblarenza
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Mercy Mospitl
PUBLIC RELATIONS
Ryan Campbell
APS ATM Proees9ng, In,
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Brett Clete
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RoJaert Fellman
Professor
Victoria & Associates
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Brian Javelin&
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Howard Dvornin
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Iz Inc.
The Weinbech Group
Consolidated Credit counseibs Setvkes
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FORM
Please take notice as the registered owner(s) of the vehicle described and pictured
herein, that the driver did not stop for the red traffic signal at the place, date and
time specified. Therefore, as the registered owner(s) you are liable for a violation
under South Miami City Ordinance 12345, which imposes a civil penalty in the
amount of $88.00, which must be paid by the date shown on this notice. No points
are assessed against the registered owner(s) driving record and this violation is not
reported to Motor Vehicle Administrations or any insurance companies. Therefore,
your insurance rates are not affected by this violation.
If you fail to either remit payment or contest your liability by the date shown, then
you will be deemed to have admitted liability and will be subject to an
administrative fee of $25 and a default judgment may be entered against you. In
addition, failure to take timely action may result in the refusal or suspension of the
motor vehicle registration.
This civil penalty may be contested in the City of South Miami Red -Light Violation
Adjudication Center by requesting a hearing date by the payment due date shown
below. If you appear in the Adjudication Center, the maximum amount you can be
charged is a $88 fine and $25 administration costs.
The evidence against you may be accessed via Internet at
http : / /www.SouthMiamiredzone.com/. You have the option to pay with a credit card
(Visa, MC, Amex, Discover) directly over the Internet by logging into the system
using your Violation Number and password below.
An explanation of the evidence against you and detailed instructions concerning your
rights, your obligations and your right to appeal are printed on the backside of this
notice.
Date & Time of Violation
Location of Violation
111 Sunrise Hwy.
Vehicle Tam
August 22, 2001
Eastbound
FL HQ5 05D
Violation Number
Internet Password
AA 11234 6789033
AA 11234 6789033
Amount Due
Date Due
$ 88.00
September 1, 2001
A Public Safety Program of the
City of South Miami Police Department
Automated Enforcement Division (305) 999 9999
Send Check or Money Order Payable to:
South Miami Police Department
Lockbox A5A 6R2
9999 Enforcement Avenue
Orlando, FL 33333
I certify that I am a duly authorized employee of the South
Miami Police Department and I have inspected the recorded
images of the described vehicle, which was operated in
violation of South Miami City Ordinance 12345, as
evidenced by the above images.
ID # PINC /SP -01
Detach here and return bottom portion with payment ------------------------------------------------- ' .................................................
NAME & ADDRESS OF REGISTERED OWNER OF VEHICLE
John Doe
12345 Violation Drive
Coral Gables, FL 33333
REMITTANCE ADVICE - RET
VIOLATION NUMBER & DATE
AA 11234 6789033 — 08/22/2001
1 :1: i L 234 6?E19033
URN WITH PAYMENT
FINE AMOUNT
NOW DUE
$ 88.00
AMOUNT DUE
AFTER 10 DAYS
$ 98.00
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8356 SW 40'' Street • Miami, FL 33165
305- 491 -1266 • Fax: 305 -740 -3360
www.truthinvasion.com
D
City of South Miami
6130 Sunset Dr.
South Miami, FL 33143
Truth Invasion is a non-profit organization with a vision to make a difference in South
Florida. We promote events that will be a catalyst for change in schools and
communities. Our purpose for the proposed event is to entertain the City of South Miami
with local rock bands, modern gospel music, inspiring dramas, and a contemporary dance
team. We will provide a positive message that will both encourage and motivate youth to
live with a higher standard in life. Saying no to drugs, abstinence, and strengthening the
self-esteem in the lives of the
dedicated to share. We are equipped
team (to keep our city beautiful), ush,
all times (to maintain
8356 SW 40'h Street • Miami, FL 33165
305-491-1266 9 Fax: 305-740-3360
www.truthinvasion.com
The proposed date for this event is Saturday, May 24"', 2003 between 8:00pm and
10-OOpm. The following are important facts pertaining to the event:
• There will be a rock band and a contemporary soft rock group performing.
• The total number of those participating in the event will be approximately 20 staff
members, including the drama and dance team, and City of South Miami police
explorers.
• The number of those attending are expected to be between 100 to 250 spectators.
• The requested location is 73d Street (Ed Corley Drive) and 57h Court. The event
will face north towards 72d Street (Sunset Drive).
Please note the illustration below f6r approximate location and placement of
stage:
73rd Street {Ed _Cori
I
*please note — not drawn to scale
55 ft.
I
16 ft.
8 ft.
I
T
21 ft.
I
8356 SW 4e Street • Miami, FL 33165
305-491-1266 • Fax: 305-740-3360
www.truthinvasion.com
t
North
BUSINESS
SIGNATURE
PHONE
DATE
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2q of
April 18, 2003
Dear fellow merchants,
We are pleased to announce that we are a non -profit organization with a vision. Our
vision is to give the youth of South Miami a positive message. Our message is to say no
to drugs, stay pure before marriage, and obey your parents. After working with the youth
for nearly ten years, we at Truth Invasion have been able to portray this positive message
by way of music, drama, and short testimonials. To accomplish this we will be closing
down the street of the farmers market on May 24 2003 from 8 :00 pm to 10:00 pm
between 74 street and 58 avenue. As you may notice this will _ not affect any of the
merchants because the event will take place out of normal business hours, and will not be
on any of the merchants' streets. We will greatly appreciate your signature to help fight
for today's youth.
Thank you,
Joe Torres
President
8356 SW 40'h Street ® Miami, FL 33165
305 -491 -1266 • Fax: 305- 740 -3360
www.truthinvasion.com
4 soul,
- ° q CITY OF SOUTH MIAMI
U
Excellence, Integrity, Inclusion
INCORPORATED
1927
P
�ORI�
TO: Honorable Mayor, Vice Mayor
& City Commission
FROM: Sanford A. Youkilis
Acting City Manager
South Miami
Ail- AmexicaCky
2001
DATE: April 15, 2003
ITEM NO. 42 co SUBJECT: Interim Report II
Budget /Finance Committee
Recommendations
Following the presentation of the Budget and Finance Committee at the March 11, 2003, Special
Workshop, the City Manager was instructed to study the recommendations made and report back to the
City Commission. This report is the second of a series of reports providing the Administration's response
on each recommendation.
PUBLIC WORKS
LAuction off surplus property -
The Purchasing Manager is setting up the necessary auctions; titles to autos to be obtained. Auction
scheduled for May.
2. Use of Waste Transfer Station -
The Department is completing the last week of a 30 day field trial test comparing costs. Results will be
available next week.
POLICE DEPARTMENT
LA just work schedule -10 hour 14 day
This recommendation will require additional personnel and an amendment to the current PBA contract.
The Administration will continue studying this concept.
2.Redefne responsibilities : Police captain mans property room —
A Lieutenant currently has the responsibility of the property room, fleet management and extra duty
details. This position can not be downgraded. When that position becomes vacant the Department would
consider bringing in a civilian at a lower rate of pay.
3.Police Car $1 a year Lease —
The company, Government Acquisitions Inc., has sent basic information, however, further request for
details have not been responded to. There are four cities in Florida considering the program. The City is
continuing to study the program.
4. Car Wash reduce expense
Other establishments have been contacted and only one could provide a minimal savings per wash and
the Department is concerned the brushes in this car wash could damage police roof equipment The travel
time to other car washes also eliminates savings.. The current establishment used by the City (12 years )
has not raised prices during that period.
5. Re- implement Investigative Recovery Cost Form
The department is in the process of writing a policy to bring this program back on line.
2
PARKS & RECREATION
LS
pecial Events -set up fees for use ofstreets-
Implemented by a Resolution adopted by City Commission, March 4, 2003; includes charging for use of
streets. (Special Events now coordinated by City Manager's Office).
2. Seff-sufficient in 3 -5 years (User Fees /Corporate sponsors-donors)-
The P &R Dept.. has sought and received thousands of dollars from local organizations and local merchants
such as the hospital, Interval international, First national bank of South Miami, the University of Miami and
many more. The Department is currently working on a fund raiser with Dan Marino's to generate funds for
the multipurpose center as well as Florida Power and Light to sponsor the scoreboards. The City can expect
funding to come in, but the primary funding source to operate the multipurpose needs to come from the City.
Revenue from fees and memberships will come with time.
Self sufficient is nonexistent in any parks and recreation district in the nation. Increasing fees and charges
will contribute to revenue increases, but it is important to understand that the concept that parks and
recreation is about community building and investing in youth. Parks and recreation is also about senior
services and community events. All efforts will be made to generate revenue, but our focus is and will
continue to be community development, with a continued emphasis on youth progress through education,
recreation, cultural and social components.
FINANCE
1. Pension deficit-
We just received the information from our Pension Actuary stating the pension deficit amount for period
ended September 30, 2001 to be $378,967.
Bank minimum balance -
At the time the selection of bank was made about 5 years ago, the First National Bank provided the City
with the best option of a lower required minimum balance of $55,000 and high rate of return compared
to other five banks that responded to our bid request. Because of the prevailing lower market interest
rate nowadays, the return on this minimum balance has reduced creating a significant shortage of funds
available to service our accounts. For this reason, the bank requested that we increase the required
minimum balance in order to avoid charges. We believe the new required balance is too high, and we
will look into the possibility of something better by changing bank, if possible.
3. Payroll technician position -
The Finance Director has reviewed the cost of hiring a Payroll Technician against outsourcing City
payroll. Based on his analysis, I have determined that it is beneficial for the City to maintain in -house
Payroll process rather than outsource. For this reason, I have directed the Finance Director to go ahead
and hire a Payroll Technician
POSITION RECOMMENDATIONS
1. Assistant City Manager / Public Information Officer positions to be eliminated -
Recommendation not implemented
SAY
South Wiami
CITY OF SOUTH MIAMI '
INTER- OFFICE MEMORANDUM
201
TO: Honorable Mayor, Vice Mayor DATE: April 15, 2003
& City Commission
FROM: Sanford A. Youkilis CM Item No.
Acting City Manager Re: Special Masters Survey Responses
Pursuant to the Special Master Ordinance that went into effect March 18, 2003, the Code Enforcement
Division conducted a survey of eleven (11) municipalities that have Special Masters.
Five municipalities responded to the survey. Out of the five responses received, the following is a potential '
list of candidates from four municipalities. A total of nine (9) individuals appears to meet the City's criteria
and qualifications =(see each resume attached). Also included is Mr. Laurence Feingold's resume, an
attorney who is a resident of the City of South Miami, and requested to be included in the Special Master
selection process.
I. Bal Harbour IL City of Miami Beach
a. Darcee Siegel, Esq. c. Judge Robert H. Newman, Chief Special Master
b. *Russell Mace, Esq. d. *Eunice L. Martin, Esq.
e. Carolyn Y. Howard, Esq.
f. *Jason M. Berkman, Esq.
g. Enrique Zamora, Esq.
III. City of Sunny Isles Beach IV. Villaae of Pinecrest
h. Maurice Donsky,'Esq. 1. Maurice Donsky Esq.
i. *Judge Marshall Ader
j., Judge Robert Newman
k. * Darcee Siegel, Esq:
V. Laurence Feingold, Esq
*A resume not included
Recommendation
It is recommended that the City Commission authorize the City Manager to select three Special Masters for
flexibility purposes. These names and a resume for each will be brought to the City Commission for final
approval.
SAY/ER/OMC
CAMy Doca nMACODE ENFORCEMEIMSPECIAL MASTERS \CC SPECIAL MASTERSURVEY RESP.doc
DARCEE S. SIEGEL
169 Cm aden :.Drive
Bel Harbour, Florida 33154
(3" 948 -2939
Far: QVS) 787 -6004
PROFESSIONAL ADWSSIONS/CERTMCATIONS: a
Supreme Court of the State of Florida
U.S. Supreme Cant''
U.S. Court of AppW#, 11th Circuit
U.S. Di*ia Court, Trial Bar
U-1. District Court, Southern District of Florida
PROFESSIONAL AND OTHER ACTMTIES:
American Bar Association
Too U and Insurance practice Section
Cvv=owt and Public Sector Diwisiaan
Dade Cau* Bar Assopation
The Associatim of
Trial Lawyers ofAmerco,
Inditute
Special Masw - Dal Hurbour Village
EMPLOYMENT:
1997, FLORIDA INTERNATIONAL UNIVERSITY- Adjunct Professor
Teaching LEGAL RESBARCH course to _ students ftough the Schools p"Val Studies
Program,
1992- Present: CITY OF NORTH MAW BEACH - Assistant City Attorney
lkn& all
tort/personal injury litigation; Civil ?0hCe forfeiture
�0 : � the City on all =Q tPP fos+ealosm sad bankru per: deft all City
Public talai*Minft domain proceedings *e Pmt' ; � s City on alt
for Code Bnbumc t Board, Civil Servicr, Board and planning
won; act as COW counsd
Dario County Unsa& Structure AW Zoning Board; Pr=,t cam before the '
C Board rMUM g in Orders to denw�h such couuael
Coal >itigatton and n otuttions; draft raaahrOians at tbo dimction of the City Cmxg,
1989.1996x. BROWARD COUNTY COW'IUMTY COLLEGE Adjunct Professor
Taught courses such as TORT LAW and MMODi`TC71ON TO LEGAX, ASSISTIl�TO �
Pa�0gal students on a part -time basis, to up r V
I
W 'd zi: Si 000, Vz J30 7
V009L8LS0,M xPi 0J0 SA3N2 iJU AII3 SWN
e ,
1E_
JUDGE ROBERT H. NEWMAN (SENIOR JUDGE)
11 ISLAND AVENUE #1811
Miami Beach, Florida 33139
(305) 531 - 1608
EDUCATION: Miami Beach High School
College, University of Miami - 1950
Law School: University of Miami, J.D. 1952
MEDIATION /: Mediator with Mediation, Inc., a group of former judges
NEGOTIATION And experienced trial attorneys providing neutral third
party intervention to settle major pending litigation
throughout the U.S.A.
Certified Circuit Court Mediator, State of Florida
LAW PRACTICE: 1952 -1959 Private Practice
1959 -1961 Assistant State Attorney`
1961 -1963 Assistant U.S. Attorney
1963 -1978 Private Practice
JUDICIAL HISTORY: Appointed to the County Court 1978
Appointed to the Circuit Court 1982
Administrative Judge Probate & Guardian Division,
PROFESSIONAL ACTIVITIES `& ASSOCIATIONS:
U.S. Supreme Court (Admitted to practice before)
Chief Land Commissioner for the East Everglades
Commissioner on Miami -Dade County Committee on Ethics and
Public Trust
Former Secretary National Board of Trustees, Leukemia Society of
America, Inc. and Chairman, Planned Giving Committee and By-
Laws Committee
Former President, Temple Beth Am
Former Member of the Faculty of Florida New Judges College'
Instructor at Dade County Community College Paralegal Program
Chief Special Hearing Officer, City of Miami Beach
- .- ,- .- -.:.. . •.-- ^- -- �--rm- ,,...y<„,a ,� > ..,- ` --T;., r-- .- - ;=„a; 3r:- .,y,°3r r �.x ,v;,- -'-"t, 7 �P^�' .: ,, --a;� rn,.,�^'f', t .. ^t'i'�.,,,. —i .'G,�r' .^e.^- ,,.zss+'rP'�.�`
u..., Ni-1 LF1:a 0Fk10E80F CY HOWARD 3052557386 P. 02
RESUME
NAME
CAROLYN Y. HOWARD
AIDDRESS
LAW OFFICES OF C. Y. HOWARD, P.A,
15321 S. DIXIE HWY.,' #302
MIAMI, FLORIDA 33157
0- (305)255 -3654, F- (305)255 -7386
H- (305)232- 4423
E -mail - bgward QbellW ttt.net
AREAS OF
Family Law, Contract Lair, Counsel to Small Businesses and Churches
PR -1-ICE
Commercial Law, Civil Litigation and General Practice, and Mediation
E COON
Completion of many CLE Courses.
Completion of Family Mediator Course, 2001.
Completion of County Circuit Court Mediator Course, 1999.
University of Miami Law School - 18 hours toward LL.M in Estate
Pl=ing,
Howard University I,aw School, J,D. 1972; Washington, DC" top 10% of
class; Howard University Law Journal; Assistant Editor, The Barrister:
Howard University, Washington, IBC, B.A., Political Science Major,
Education Minor 1969.
ADMISSXO Iy "S
The Florida Bar, 1978
United State Supreme Court, 1982
OTHER. JOB
EXPERIENCE
Certified County and Circuit Court Mediators, 2001 - Present;
l
Bid Protest Tearing Officer for Metro Dade County, 2000 - Present;
Arbitrator, National Association of Securities Dealers, Inc.. 1999 - Present;
Special Master for the Village of Bal Harbour, 2001 -2003;
Special Master for the City of Miami Beach, 1995-Present,
Special Master for the Town of 8urfside - 1999 - Present;
i
PROFESSI01e AL
I am an attorney with expertise in personnel, labor, grievance,
is
BACKGitOaD
administration, and affirmative action areas. I am a successful
mediator who is able to make success oat of havoc, Whenever I see a
need for harmony, I attempt to get both sides together. I consider
i
communication the key to solving most problems.
-1-
�.,. . 4
G'Y HU- TWAR.r 3052557386 P.03
I am an organizer and I delegate duties and responsibilities easily to the
most capable person. I consider myself to be a. leader and a'person who is
able to full in any situation and make it successful. Finally, I am creative
and able to get along with almost everyone - all of which is helpful in
attaining corporate legal goals or overall objectives.
As an attorney with such expertise, i established a janitorial service in
1993, Howard's Professional Services, Inc. Howard's provided jobs for
many under- and unernployed and hard to employ persons. The business
was designed to help decrease the unemployment statistics in Miami -Dade
County,
ED CA i lON A
ODFESSIONA
ASSCC[kTl NS Admitted to Practice - State of Florida, 1978; U.S. Supreme Coar t,1982,
2001: Elections Committee Chair, NINA. 'Various chairs of Church
activities;
1000: National Bar Association, WLD- 'treasurer, Youth Director,
Elections' Committee Member, NBA.
1999: National Bar Association, WLD- Treasurer, Youth Director, Fee
Dispute Committee- Florida Bar.
1998: National Bar Association- WL D, Board Member, Youth Director.
1997: Florida. Bar Grievance Panel Member,
1996: Church Program- Board of Directors, National Bar Association,
WLD, Board Member, Vice Chair of National Bar Institute, Youth
Director.
i
1995: Charlie Program- Board of Directors, Treasurer - National Bar
Association, Women Lawyers Division
Youth Oratorical. Coordinator- Florida East Coast Congress of Christian
Education
Treasurer- Family Division, Vice Chair- National Bar Institute
1994; Parliamentarian - National Bar Association, Chair of Gertrude E,
Rus h Dinner- National Bar .Association Youth Oratorical Coordinator-
Florida East Coast Congress of Christian Education, Board Member-
National Bar Association, Women Lawyers Division, Vice Chair- National
10.52 AN t -AW OFFTGESHF CY HOWARD 3052557386 P.e4
Bar Institute
1993: Program Chair- National Bar Association's 58" Annual Convention,
Youth Oratorical Coordinator- Florida East Coast Congress of Christian
Education, Board Member- National Bar Association, Women Lawyers
Division, Vice Chair - National Bar Institute
1992: Beacon Council Board Member, Vice Chair - National Bar Institute
1991: CHI Foundation- Board Member, Florida, Bar Grievance
Committee- Member, President NBA Women Lawyers Division Dade
County Chapter - 1991 -92,
1990: United Way- Panel on Employment and Economic Development,
United Way- Committee on Policy for Volunteers, Greater Miami
Chamber of Commerce Lawyers Task Force- Minority Relations, Bowd
member of POSITIVE, Chair of Elderly Housing Program- WIN, Member
of Women Involved Now- WIN, Member of. Young Friends of Senator'
Graham, mouth Director ofl3ethel Baptist Church Youth Ministry, Vice
President of National Bar Association- Women Lawyers Division,
Fundraising Chair of NBA -WLD, Chair, ?.13A- Convention Committee
`93, Member- NBA- Florida Chapter. SCLC. Member of NAACP.
Chair, Metro Miami Action Plan- Employment Action Committee. Board
Member of Metro Miami Action Flat, American Baptist Churches of the
South- Area 4- State Youth Coordinator. Member, Host Committee of
ABCOTS Annual Meeting. Member of Leadership Miami.
P :_�' T,TS YEARS Member: National Bar Association: Special Assistant, 1981-19835, 1985 -
- 1989; Special Consultant, 1980 -1981. National Bar Association
Women's Division Greater Washington Area Chapter; Vice President,
1981;
Secretary, 1980; and Executive Member, 1979, 1982. '.National Bar
Association Women's Division; President 1983 -1985; Executive Board
Member, 1985 -1989; 2 "d Vice President, 1981,1990; Treasurer, 1979,
Howard University National Law School Alumni Association of the
Greater Washington, D.C. Area: President, 1981 -83. Howard University
National Law School Alumni Association: President 1983 -84. Member of
ASIA, and Washington Personnel Association.
Nominee for Outstanding Youn g Woman of America, 1981, 1982,
National Bar Association Dade Comty Chapter: Committee Chair, 1484
1989; Charter Member, 1984. Florida Chapter National Bar Association.
South Dade Chamber of Commerce, Member. SCLC- s'coter's
Registration. Metro Miami Action Plan: Task Force; Metro Action Plan
-3-
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Conference Participant; and Chair of Employment action Committee,
1986 -1989,
Concerned Citizens of Richmond Heights, Member. Miami's March on
Washingon Coordinating Committee. American Baptist Churches of the
South (ASCOTS): Youth State Coordinator 1988- 1999. Bethel ]Baptist
Church: Youth Director, 1987-1999; Constitution and Bylaws Chair; etc.
JOB EXPERIENCE
Lave Offices of C. Y. Howard, P.A.
1990 to PRESENT
Solo Practitioner,
- 1997
Four C's Services, Inc. - Manager.
1W.
Partner of Law Offices of Howard & Hugrove, P.A.
1983-1988
HOWARD'S PROFESSIONAL SERVICES INC. MIAMI, FLORIDA
P citz n: President.
Accomplishments: As an attorney with labor expertise, I established
janitorial services in 1983, Howard's Professional Services, -Inc.
Howard's provided jobs for many under and unemployed and hard to
employ. The basiness was designed to help to decrease the unemployment
statistics. It was sold in 1988.
F #Lon: Coordinated the day to day activities of the Company which
included scheduling of employees and contacting Federal, Mate, County,
and Municipal Procurement agencies, as well as, private sectors, The
company was a flail line janitorial service.
198121 i
MCI TELECOMMUNICATiO;°+iS CORPORATION, ARLINGTON,
VIRGINIA
Position: Affirmative Action Manager
Function; Acted as Affirmative Action Marm er for the entire Corporation.
1) Affumative Action Plan: The Corporation which covers
approximately 26 states and has 5,000 employees did not have an
Affirmative Action Plan. Wrote nine Affinfnative Action Plans
which were tailored to these particular metropolitan areas.
Designed binders for the plans. Coordinated the dissemination of
the Plans to the appropriate management employees. Traveled
t;
around the county setting up a formal training program teaching
tnanagernent about the ,AAP. As a result, MCI compiled with its
legal obli 8 atirns,ofestablishing an AAP.
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2) 0EM Audit: MCI is a government contractor and therefore,
subject to an audit by office of Federal Contractors Compliance
Program. Submitted all required documents to Agency.
Coordinated the two weeks on site audit activities. Corrected the
deficiencies the Agency identified, As a result, MCI's government
contracts and subcontracts which totaled $14 million a year were
not adversely affected..
3) EEO Charges: Represented the Company at all Fact Finding
Conferences for discrimination charges; Prepared documents and ,
witnesses for the Conference. Saved the Company money by
resolving the charges demonstrating the Company was not guilty of
discrimination.
4) Labor, Iminrn- and Discinline: Taught Labor courses with the
classes lasting 8 hours. As a result, management knew how to
avoid and handle discipline or potential 'discipline problems. in
addition, provided labor advise to manager.
5) At_ fixative Aetion Trai to -: Taught courses with emphasis on
discrimination laws, Designed a Sexual Harassment course. in
addition, counseled managers and employees on discrimination
laws and rights, In addition, counseled managers and employees
on discrimination laws and rights.
1978 1 J I CONTINENTAL TELEPHONE SERVICE CORPORATION
MERRIFIELD, VIRGINIr
Positions; rxip'>o ee Administrator, 1978 - 1981; Personnel Director,,
Eastern Region, 1979 v 1981.
F ns: Acted as personnel director for the Eastern region after
beginning as an administrator with responsibility for labor, safety, and
salary administration.
Included: 1) development of personnel philosophies, policies and
procedures; 2) compliance with Federal and Stag laws; 3) affirmative
action; 4) maintenance of employee benefit program; 5) position
descriptions and evaluations; 5) management training and development;
and 7) overall management of the operation.
1) Contract Se m nts: In seven, division a i
.1..�..,., and 14 unions there was no
.continuity of contracts. Made sure that each division had a copy of
all 14 contracts, kept contracts current, and designed a program
which, promoted uniformity of benefits and working conditions.
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2) Labor Trainer and Qisciplinti: Formed a labor circular which was
approximately three clays long. Taught mini-labor courses with the
classes lasting 4 -6 hours, As a result, 'naa agement knew how to
avoid and handle discipline or potential discipline probler s.
In addition, provided labor advice to managers. Prior decisions
had resulted in wildcat strikes, arbitrations, grievances and law
suits. By providing a willingness to answer labor questions,
morale improved and costs:: in manpower responding to crises was
decreased,
3) Lei ��l esearch: Researched all legal issues regardless of
significance, and encouraged managers to seek advice on legal.
issues. Saved the company money by avoidance of external
attorney costs and the managers got concise answers on their
problems.
4) Arbitrations: Acted as an advocate for the company in arbitrations
in 1981 where previously cases had been sent to outside counsel.
Resulted in savings in legal costs with adequate legal
representation internally,
5) Salary information: At the start, salary data for the region was not
current, Obtained data from all Division Personnel Managers
coordinating approximately forty (40) different schedules.
Provided access to information for comparisons, surveys and rate
cases,
6) Job Descz btions: Only 30 descriptions existed for 450
management jabs. 'Completed descriptions for over 300 jobs
providing wxiforTnity for a position no matter where it was located
geographically.
7) Safeiv; There was no stress on safety in the region. Created (a)
safety bumper stickers (b) safety posters (c) safety films (d) the
issuance of safety novelties, and (e) held safety classes. Accidents
were reduced, and the employees became safety conscious,
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1927 ..19_78 UNITED STATE DEPARTMENT OF AGItICULTt:R.E �
WASHINGTON,
Positions; Attorney. Office of the General Counsel Electric and
Telephone Division.
F ins. reviewed title research, wrote and reviewed leases,
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1_qW OFFICESOF cY HOWARD 052557386 P 0C-.
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mortgages and loans contracts and provided daily 'contract
and Act Interpretations to the Rural Electrification Agency.
Effectively acted as "In -House Counsel" for the members of the Agency in
the Southwest Districts mainly Louisiana and New Mexico. Informed the
members whether certain: documents attached to a loan and/or mortgage
contract were recorded incompliance with state laws
1) Q=, 13-acklo : At the start, the district had a severe backlog of
about 40 cases due to the need for another attorney. By the time
that I lest, the rases were up to date. Once up to date it was
possible to check the documents before the borrower had violated
the law or lost money.
2) Internal Communication, There was not any avenue for
departmental employees, paralegals and secretaries to vent their
frustration. "Set up !a weekly meeting regarding status of work and
giving them a chance to complain. Morale improved and
productivity increased, and most of all employees felt that someone
cared.
i
3) Brid Pr ; At the start, the Justice Department had just filed
an Environmental Protection case. It was policy that because it
was a Department of Agriculture ease that departmental counsel
would prepare the brief. Personally prepared it so that it was filed
on time.
I
1973-1977 NA'TIONAL AIRLINES, INC., MIAMI, FLORIDA
Positions: Labor Relations Andyst/Rersresentative
.Functions: Principal duties were to research employment contracts to
negotiate employment contracts and to advocate arbitration
cases.
Reviewed airline surveys, labor reports and computer statistics as
preparation for each contract, Compiled tables and work product for each
proposal. Worked with the company's sevens unions, Advised managers
on day -to -day labor questions and/or problems, and suggested appropriate
disciplinary action for employees
1) grievance LZeduction: At the beginning there were 400 grievances
filed a year, and at least 160 went to arbitration. Built a rapport
with the union stewards allowing settlement at a. lower level, Four
(4) years later only 40 cases went to arbitration,' and overall with
the idon i,flcation of problems grievances were reduced' frorn 400 to
HUT I— Rvd e rY FiO"WARb 3052557386 P.0? ..:,:.
2) Disci line Administration, The company had 33 -36 stations each
with a manager who made decisions, imposed discipline, denied
grievances and then called for advice. Built a rapport with
managers, received their respect and then their calls came before
the action, Eliminated many problems and improved employees
morale.
3) Unional9 aaement Relationship: The Federal Mediation and
Conciliation Services offers a program entitled "Relationship by
Objectives. It is designed to create positive relations between
management and the union, Acted as a troubleshooter on this
program for all stations and it resulted in improved
communications,
4) Contract Negotiations: Negotiated a labor pact with the AI..EA,
This pact limited the number of contract openers, p , gravided a time
frame for negotiatio t, mandatory mediation and arbitration.
Resulted in alleviation of a strike and consequently great savings.
I
5) Arbitration rases: The company had many such cases, both ALEA
and FtA cases. Prepared, presented wrote briefs and won these
cases greatly benefitting the company and eventually cutting the
number of cases.
PRIOR POSITIONS University of Miami, Coral Gables, Florida,
Professor of Business Law, 1973. Taught Business Lawn for four (4)
classes of undergraduate students. Florida Rural Legal Services,
Homestead, Florida, Attorney, 1972 to 1973. Wrote divorces, adoptions
and leases for clients from rural areas. Prepared documents and affidavits
for court cases. Aided clients in their, daily encounters with landlords,'
creditors and debtors.
Attorney General Robert Shevin, Miami, Florida, Attorney, 1972. Wrote
appellate brief for the State of Florida. Howard Universi1y Washington,
D,C., Graduate Assistant, 1970/1972. Performed various tasks in the
Department of Romance Languages. Redevelopment Land Aaea�ev,
Washington, D.C,, Law Clerk, 1971 Performed various legal tasks.
Department of Health -,Education and Welfare, Washington, D.C.,
Coordination of swnmer Interns, 1970. Coordinated summer work of the
departmental interns.'
REFERENCES Available upon request.
I
ENmQUE ZAMORA9 ESQ.
10 N.W. Lejeune Road, Lejeune Exec. Bldg., Suite 600 • Miami, Florida 33126.305 -476 -8770
LEGAL EXPERIENCE
ZAMORA & HILLMAN
10 N.W. Lejeune Road, Suite 600, Miami, Florida 33126 - 2001 to present
Areas of Concentration: Probate & Guardianship administration, litigation and
mediation, Elder Law, Estate Planning, and related litigation; Real Estate.
LAW OFFICES OF ENRIQUE'ZAMORA
1102 Ponce de Leon Blvd., Coral Gables, Florida 33134 1997 to 2000
Areas of Concentration: Probate & Guardianship litigation, Elder Law, Estate
Planning, Corporate, Contract and Business Law and related litigation; Real Estate.
PEREZ- ABREU, ZAMORA, HILLMAN & MARTIN- LAVIELLE, PA
901 Ponce de Leon Blvd., Suite 502, Coral Gables, F133134 - Founding Partner, 1987 to 1997
Areas of Concentration: Probate & Guardianship litigation, Elder Law, Estate
Planning,; Corporate, Contract and Business Law and related litigation; Real Estate.
SOUTHERN GENERAL LIFE INSURANCE COMPANY
4950 SW 72nd Avenue, Suite 201, Miami, Florida 33155
General Counsel, October 1985 to December 1987`
LEGAL ACTIVITIES
Special Master for the City of Miami Beach
President and Director of the South Florida Guardianship Association
Certified civil mediator
Court Appointed Attorney- Ad -Litem for Cuban National Heirs, 11th Judicial
Circuit of the State of Florida, Dade ,County - Probate Division
Member of the Guardianship' Law Committee of the Florida Bar
TEACHING ACTIVITIES
Miami -Dade Comm. College - Professional Guardianship Prgm -1998 to date.
Lead Instructor & Planning' Committee Chair < of the 40 -Hour course for
Professional Guardians
University of Miami- Koubek Center - September 1989 to 1998
SCHOOL OF CONTINUING STUDIES
Adjunct Professor of Business Law
Florida National College - July 1986 to 1996
Professor of Paralegal Program
Y_ y
Responsible for teaching: Trusts & Wills, Business Law, Real Estate and
Introduction to the American Legal System.
SEMINARS / PRESENTATIONS
Probate Litigation- Speaker
This seminar was presented by the "Put Something Back" Program
in conjunction with the DCBA Probate Committee- December 2002
Medicaid and Elder Law Issues in Florida- Speaker
Offered by Lorman Education Services - November 2002
Procedural and Probate issues in Wrongful Death Cases- Speaker
Offered by'Lorman Education Services - September 2002
Guardianships: How to Help- Speaker
City of Miami Beach's Office of Elder's Affairs - May 2002
Depository Account- How do they really work ? - Speaker
Presented by the Academy of Florida Elder Law Attorneys- May 2001
US /Cuba Alternatives for the View Administration- The Legal Issue - Speaker
Presented by St. Thomas University School of Law- February 2001
Baker Acts - Speaker
Presented by the Florida International University School of Nursing - January 2001
Ethics in Guardianship- Speaker
Presented to the Florida State Guardianship Association Conference - August 2000
Probate Litigation - Speaker
This seminar was presented by the "Put Something Back" Program
in conjunction with the DCBA Probate Committee - April 2000
EDUCATION
UNIVERSITY OF MIAMI - SCHOOL OF LAW
CORAL GABLES, FLORIDA
JURIS DOCTOR DEGREE 1985, Cum LAUDE - May 1985
FLORIDA INTERNATIONAL UNIVERSITY
MIAMI, FLORIDA
MASTER OF BUSINESS ADMINISTRATION, 1975
MASTER OF SCIENCE INMANAGEMENT, (Accounting & Taxation) 1981
UNIVERSITY OF FLORIDA
GAwESVILLE, FLORIDA
BACHELOR OF SCIENCE IN ELECTRICAL. ENGINEERING, 1971
PROFESSIONAL MEMBERSHIPS
The Florida Bar
The Elder Law Section - Florida Bar
Dade County Bar Association
Cuban American Bar Association
Florida State Guardianship Association
South Florida Guardianship Association
REFERENCES
AVAILABLE UPON REQUEST
i•ro--r+... K LUE DONSKY .505 669 5500
• - P-02
CURr �n
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MAURICE EDWIN DONSKy
dome:
440 Rovino Avenue`
Coral Gables, Florida 33156 145 Almeria Avenue
(305) 667-5440 Coral Gables,; Florida 33134
(305) 632 -3040
Fax: (305) 669 -5500`
amity:
Married to Amira: two children; Sharon -31 and Brian -22
EducaUon-
Colloge: Clark University, Worcester, MA 1958-1962 B.A. Psychology
Law School: Rutgers Law School, Newark, NNJ.- J.D. 1962 -1965
J
United States Navy - 1955 -1966
.,U=�.Fr
Law Offices Maurice E Donsky
Coral Gables, FL.. 1981 -2001
Mediation of Civil Lawsuits 1 995-2001
Florida Supreme Court Certification in Family, County and Circuit Civil matters
Coral Gables Ticket Hearing Officer
1997 -2001
Responsible for administrative determination of code enforcement violations in the Cite of
Coral Gables. Violations include the City Code, the City Zoning Code, Miami Dade
County Code, South Florida Building Code. The Ticket Hearing Officer is responsible for
holding the hearings and assess fines against violators.
Village of Plnecrest Special Master and Ticket Hearing 1999- 2001
Officer .`
Rasp' onsible for administrative determination of code enforcement violations in the Villa e
of Pinecrest. In view of the fact that » the Village of Pinecrest does not a Code g
Enforcement Board (CEB) the Special Master acts as a CEB. The Special Master
code enforcement violations; Village of pest Ordinance, Miami Dade County Code and,
South Florida Building Code. The Special Master hears Code violations, orders Code
Compliance and issues fines for violations.
t
JUDGE ROBERT H. NEWMAN (RET)
MEDIATION, INC.
19 West Flagler Street
Miami, Florida 33130
(305) 375 -8100 or (800) 741 -7040
EDUCATION: College, University of Miami - 1950
Law School: University Miami, J.D.1052
r
MEDIATION/ Mediator with Mediation, Inc., a group of former judges and
NEGOTIA'T'ION experienced trial attorneys providing neutral third party intervention
to settle major pending litigation throughout the U.S.A.
Certified Circuit Court Mediator, State of Florida
LAW PRACTICE: 1952 -1959 Private Practice
1952 -1961 Assistant State Attorney
1961 -1963 Assistant U.S. Attorney
1963 -1978 Private Practice
JUDICIAL HISTORY: Appointed to the County Court 1978
Appointed to-the Circuit Court 1982
Administrative Judge Probate & Guardianship Division
F
PROFESSIONAL ACTIVITIES & ASSOCIATIONS:
U. S: Supreme Court (Admitted to practice before)
Secretary National Board of Trustees, Leukemia Society of America, Inc.
and Chairman, Planned Giving Committee and By -Laws Committee
Past President, Temple Beth Am
Past Member of the Faculty of Florida New Judges College
Instructor at Dade County Community College Paralegal' Program
Chief Special Hearing Officer, City of Miami Beach
PROFESSIONAL' Florida Bar (admitted 1952)
ORGANIZATIONS
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' Laurence
407 Sui., 0S IN Mhaml FL 33.1 39
Feingold. Esq.
3055i i 3 1656 IF € „i 3 05 i 5.3 ; s-:
Professional
Attorney at Law in Private Practice, Laurence Feingold, PA
Experience
January 1996 to Present
Appointed by numerous Circuit Court Judges to serve as Guardian Ad Litem,
Attorney Ad Litern and Adrninistrator Ad Litein in mortgage foreclosures and other
equitable proceedings. This practice also includes general legal client representa-
Lion. Represented Roads Neighborhood association in their successful effort in
preventing Miami -Dade County from altering the character and historical integrity
of the Roads area through the development of a museum. This practice also
includes general client representation.
Consultant to City of Miami Beach
June 1995 to January 1996
■ Consulted to the City of Miami in completing public- private transaction with
the City of Miami Beach and Loews Corporation to achieve development of the first
hotel built in over thirty years.
Miami Beach City Attorney
March 1990 to June 1995
■ As city attorney, I helped create an aggressive development to redefine Miami
Beach as a community. This program was coordinated as a team approach with
the city administration and commission to achieve redevelopment of Miami Beach
as a tax base enhancement. Notable achievements include the city- sponsored
initiative to redevelop Lincoln Road' into one of the United State's most successful
retail venues and securing two convention center hotels through public- private
ventures. I created a team approach to successfully overturn a:$28-millionjudg-
ment that had been lodged against the City of Miami Beach and potentially threat -
ened the city with bankruptcy. I successfully settled several labor discrimination
cases. Administratively; I reduced risk m: anagement and use of outside counsel.
Senior Partner — Fuller, Feingold & Mallah
January 1962 to March 1990
■ As senior', partner of this law firm, my focus was on real estate transactions
and commercial litigation. During this period, I frequently served in varying
capacities apart from the firm to protect client interests.
Industrial Relations Counsel — United States, AeroMexico
1982 -1986
®' I represented the airline in issues affecting air and ground personnel
covered by the Railway Labor Act. This included union and individual com-
plaints of unfair labor in hearings before the American Arbitration Association.
Legal Officer — Air Panama
1979 -1963
■ Duties included general legal; labor issues and ,plane leasing.
President and Chief Operating Officer — Everglades &
Montmarte Hotels
1977 -1979
I functioned as the receiver for the lender when lender was given title to
the hotels. During this period, I successfully turned around the fiscal
operations to position hotels for sale to new operators.
Vice President - Italian Line Steamship Company
1966 -1969
My, responsibilities - include the highly successful marketing of passenger
bookings in eleven states.
F Laurence
Feingold, Esq.
Education
■ University of Miami School of Law
Juris Doctorate - 1958 -1960
■ Vanderbilt University School of Law
1957 -1958
■ University of Miami
Bachelor of Business Administration - 1953 -1957
■ Miami Beach Senior High School
1953
Professional
■ American Bar Association-
Qualifications
Member - 1962 -2003
■ AN Rated Lawyer
Martindale - Hubbell Legal Reference
Civic
Organizations
■ City of Miami Beach Zoning Board of Adjustment
Member - 1986 -19907
■ City of Miami Beach Visitor and Convention Authority.
Member - 1982 -1986
■ Mercy Hospital Foundation
Member - 1985 -199
■ Ambassadors of Mercy Hospital
President - 1986 -1991
■ Ambassadors of Mercy Hospital
Member - 1983- Present
■ Miami Beach Chamber of Commerce
Member - 1983 -2003
■ Florida International University Fast Break Club
Member - 1982 -1991'
■ American Jewish Committee
Member - 1987-'1997:
■ The Italians Foundation
'trustee - 1981 -1990
■ Florida International University, Golden Panther Club
Executive Committee'- 1988 -1996
■ Miami -Dade Community College - Wolfson Campus
Barracuda Boaster - 1987 -1995
References
Available on request
March 28, 2003
Mr. Sanford Youkilis
Active City Manager
City of South Miami
Dear Mr. Youkilis:
Lewis B.
Tnc.
Forensic Accounting and Consulting
19
This letter is to introduce you to the firm of Lewis B. Freeman & Partners, Inc (LBF). Our firm
provides services in multiple areas, including forensic accounting, consulting, court appointed
Receiverships, liquidating trustee, expert witnessing regarding securities, resolutions of business
disputes, business valuations, and consultation with Native Americans.
The members of our staff include non - practicing accountants and lawyers and business oriented
consultants. The staff has testified as expert witnesses in State and Federal courts, before NYSE
mediators /arbitrators, and in NASD arbitration.
In our capacity as Receivers, we have had the pleasure of working with many different branches
of law enforcement and prosecuting counsel. In the case of Unique Gems (Ponzi scheme, money
laundering, wire fraud) we worked with the FBI and the Office of the United States Attorney.
We worked with the FTC, FBI and the Office of the USA in a credit consolidation scheme. In an
ongoing investigation, of a Ponzi scheme, possible money laundering, possible ties to organized
crime, we are working with the Assistant Attorney General, the Boca Raton police department,
FBI, IRS fraud division, FDLE, Postal Inspector and the USA Office. We have workedl with the
SEC, the Office of The U.S Attorney, the Office of the Attorney General of the State of Florida,
the Office of the Insurance Commissioner of the State of Florida (Division of Rehabilitation) and
the Office of the Department of Banking and Finance of the State of Florida.
As Receivers we have served as arms of the Courts in neutral capacities. Routine tasks include,
but not limited to customer complaints; creating or re- creating receipts and disbursements;
accounts receivable and accounts payable analysis; review and analysis of e -mail; distributions
of settlements for 3rd parties; etc.
LBF has been retained as consultants, forensic accountants, and expert witnesses in numerous
civil matters including partnership disputes, damage calculation, due diligence, turnaround
management, real estate transactions, divorce and malpractice. We have had extensive
consultation with Native Americans involving casino operations, hotels, grant analysis, and other
enterprise operations.
❑ 2601 South Bayshore Drive, 19th Floor • Coconut Grove, Florida 33133 •Telephone: (305) 443 -6622 • (800) 321 -4758 • Facsimile: (305) 285 -3441
❑ 6600 NW 16th Street, Suite 11 • Plantation, Florida 33313 • Telephone: (954) 321 -3388 Facsimile: (954) 321 -3390
❑ 777 North Flagler Drive, Suite 800 West • West Palm Beach, Florida 33401 • Telephone: (561) 515 -6022 • Facsimile: (561) 515 -6122
Website: www.lbfmiami.com
LBF
In the area of crisis management and turnaround services, we have worked for lending
institutions, corporate owners, and Court appointed Receivers. Our tasks have included
liquidating an international lumber company, operating a telephone prepaid card business, crisis
management of an international plastics company, supervision of a global electronics company,
and an orderly liquidation of trucking company.
Our goals in these crisis situations are to
1) Stabilize business
2) Report financials objectively
3) Maximize operating results to benefit owners, secured creditors and all other
interested parties.
In addition, we have provided clients with extensive due diligence in areas that include but are
not limited to:
1) Purchase of a hotel
2) Potential business opportunities for interim bridge loan financing
3) Sporting equipment manufacturers on behalf of an investment group
We believe that our experience gives us a unique ability to work with and for our clients. Our
principals will be billed at the hourly rate of $175 to $325 per hour. Forensic accountants,
financial investigators, valuation analysts and other technical personnel will be billed at $50 to
$175 per hour depending on their expertise and experience. We will submit detailed invoices
reflecting the dates, specific nature of the services performed and the costs incurred, if any, on a
monthly basis. Lewis B. Freeman & Partners, Inc, will undertake assignments at rates that are
standard in the local industry and previously approved by Courts.
Enclosed are some brochures and articles of our firm, and resumes with attachments for Lew
Freeman, Charles Harper, and myself.
We look forward to discussing with you any request that you may have. You may call me at
305 -443 -6622.
Cordially,
LEWIS B. FREEMAN & PARTNERS, INC.
andy Kr' ner
Principal
Attachments
Lewis B. Freeman & Partners, Inc.
Forensic Accounting and Consulting
M 2 0 0 :Pik? F I S K + C 0 '�PA V '9 ?3F-8c03 N,,'np a. L,'4
I SKI"'i
March 25, 2003
CI RTIFIED PUBLIC ACCOUNTANTS
AND C ONSUL'TANTS
/p.
Mr. Hakeern 0shikoya
Finance Director
City of South Miaraj
6130 Sunset Drive
South Miami, Floxida.33143
Dear Mr. 0shikoya:
t ier Understandin of Our Roie
We are pleased to submit this letter outlining the terns of our exrgagerment to analyze the
revenues, costs ana operating expenses of the City of South Miami ("City"). Our initial
phase of the engagement will include an. analysis of the City's revenues, costs and
expenses for the fiscal years eladed 2000, 2001, 200.1 algid the five months of the current
fiscal year 2003 with the objective of assisting 'vaith recommendations 'Of controlliAg or
rerfbcipR those costs and expenses, without adverse impact on the services you provide.
If the initial phase of -the engagement uncovers material errors or misappropriatio' a* s, a
second phase will be required to investigate the material error or misappropriation
Ai thee.
The involvement of you and your staff is critical to the success of the engagement.
Therefore, we will need to meet with you and members of your staff several times during
the engagement, at-.,d we will provide ample notice to arrange theWe meetings.
Any written reports or other domments which l prepare are to be used only for the
purpose of this rnatter and rtz y not be published: or used for any other purpose without
rAy writtezl consent.
Co n kt
We performed an internal search for any potential client conflicts, based otr the names of
the patties you provided, We have not found any client 'conflicts with respect to any of
the p-'Oies.
Lirnitation o Liabila
Membets ofs American la,stituie of Cettaiied Publec Accounts - Elor -da Institvtc.. of Cea fied Publk akcmintanta
The R,7yal Palm Builchng
1000 5• Fine. Island Road Suite 440 - Flaz-,ration, Florida 33324 -3904
(954) tab -9600 , T acOmzle (954) 236--603
W6 ite: http J; wwv;..,fiskeca cc rsa *'Email: Esl ea u "sl ecn, e sm
V, • �� n r ti � �� � n i � rt r � r� � �, n ,
V,ar. , (!l�, P,�p, �!SKE1C0C ,PFNY (9 40 �-8F,0 4�, _,a80 � !4
Mr. Hakeem Qsdikoya
March 25, 003
Page 2 ofd
You agree to held our firm, its partaers, and employees harmless from any and all
liabilities, costs, and expenses relating to this engagement, and expenses incurred by
reason of any action taken or committed to be takep by us in. good faith. In no event will
our firm be liable for incidental or consequential damages ever, if we have been advised
of the possibility of such damages.
Pro_ sect Stafigg and Fees
I will participate as project partner, maintaining overall project responsibility for staffing,
quality control, billing, and client relations. We bill on a time and expertise basis with our
fees determined by the tasks Tequired and time spent. We try to use`the leant expensive
staff appropriate for a particular task, obviously, schedule preparation and accounting
veizficatiou may 'often be done by junior staff. Wre experienced people xu�zay be heeded,
however, for review of other documents.
Our rates are adjusted fxozmm. bwe to time; we will advise you immediately if we are.
adjusting our rates. In addition to professional fees, our bills will include out -of pocket
expenses, such as telephone, computer charges, travel, messeri ers, and photocopying.
All fees acid expenses are not contingent on the final results, nor do we guarantee any
result or resolution in this mater. Based on the information presently available, we
estimate that fees for the initial phase of the engagement not to exceed $12,000, If the
seco?id phase discussed above is rewired, we will do another assessment at that titne
regarding the fees for the second phase.
Invoices will be presented monthly and are due on presentation. Invoices on which
payment is not received within 30 days shall accrue late charges at L3 percent (or the
highest rate allowable by law), per mouth compounded. We reserve: the right to halt
further services until payment on past clue invoices is received.
Our normal practice is to obtain a retainer, and we are hereby, requesting such a retainer
of $SXO. The retainer will be held against the final invoice for the engagement; any
unused retainer will, of course, be reftinded
In the event that collection procedures are required, the City of South lVtiax. i agrees to
pay all expen- es of collection and all attorneys' fees and costs actually incurred by our
firm in connection with such. collection, whether or not mit is riled thereon. If litigatio;.i
is required ..regarding collection with account, we will be paid our hourly :rates.: for all time
actually expended by our firer in. connection with such action.
You will advise us, with sufficient notice, of the work to be pezf"ornxed by us. Should
int'ormatiou become i+noWu that would make our continued involvement in ` this
engagement inappropriate, we reserve the right to- withdraw from this engagement.
WIT ,..
CCIPA NI 954, 2r 8 6 j 4
N
Mr. Hakeem Oshikoya
March 25, 2003
Page 3 of 3
If this supunaryr is consistent with yorat own understanding and intent, please sign the
enclosed copy of the letter in the space provided acid return it to me. We appreciate the
oppor pity to work with you and look forward to you prompt response.
If we aiv called upon to attend any meetings or hearings after the report is presented, we
will he paid our normal billing rate.
`'eU truly y Ours,
Milan P. Fiske, CPA/ABV
Fiske & Company
The services described in this letter are in accordance wid:x our requirements and are
acceptable to me:
Accepted
Jakeew Oshikaya, CPA Date
Finance Director
City of ` OU111Mt.ami
Blank Page 1 of 1
Oshikoya,, Hakeem
Hi Hakeem,
have attached a draft of the agreed upon procedures based on our meeting last week. If you have any
questions or changes please contact me or Frank. I hope to hear from you soon.
Thank You
Lourdes Rodriguez, CPA
Audit` Supervisor
Morrison, Brown, Argiz & Company
1001 Brickell' Bay "Drive, 9th Floor
Miami, Florida 33131
Ph: 305 373 -5500 ext. 255
Fax: 305 373 0056
lrod_rig uez@ ba- cpa_com,
www.mba- cpa.com
i
i
4/9/03
77-7 Ta`I`t -;."�" ,s;', -a..: °T"F;`'""'"":.
DRAFT
March 31, 2003
Mr. Hakeem K. Oshikoya, CPA, CGFM
Director of Finance & Administration
City of South Miami
6130 Sunset Drive
South Miami, FL 33143- 5093
We are pleased to confirm our understanding of the agreed -upon services to be provided to the City
of South Miami (the "City ") as of and for the year. ended September 30, 2002.
We understand that the financial information of the City is the responsibility of the management of
the City and that the basis of presentation of this financial information is accounting principles
generally accepted in the United States (the "US ").
The procedures we will perform will be as follows:
1. Inquire of appropriate City personnel and obtain an understanding with regards to the
budget process and the assumptions used to determine the annual budget for the City.
2. Obtain the Comprehensive Annual Financial Report as of September 30 2002.
3. Obtain a report that details the revenue and expenditures for the general fund as of
September 30, 2002.
4. From the report ' mentioned above, select a sample (the "Selection ") based on our sampling
method, for each revenue and expenditure source of the general fund.
5. Vouch the Selection to supporting documentation to determine the propriety of the
revenue /expenditures recorded as of September 30, -2002.
6. Based on the procedures enumerated above and any findings, we will propose
recommendations to City Management relating to the budget process and to the propriety of
revenues and expenditure transactions
Because the agreed -upon procedures listed above do not constitute an audit, we will not express an
opinion on the City's financial statements or any elements, accounts, or items thereof. Also, we will \\
not express an opinion on the effectiveness of City's, internal control over financial reporting or any
part thereof. In addition, we have no obligation to perform any procedures beyond those listed above.
We will submit a report listing the procedures performed and our findings. This report is intended
solely for the information and use of the City, and is not intended to be and should not be used by
anyone other than these specified parties. Our report will contain a;. paragraph indicating that had we
performed additional procedures, other matters might have come to our attention that would` have
been reported to you.
We estimate the approximate fee range to be $19,000 to $24,000, excluding out -of- pocket
expenses. These services are based on the level of expertise used on the engagement. This time
estimate could' fluctuate depending on any additional needs the City might anticipate with regards to
the agreed upon procedures. This estimate is based on anticipated cooperation from your
personnel and the assumption that unexpected circumstances will not be encountered' during the
Mr. Hakeen K. Oshikoya, CPA, CGFM
March 31, 2003
Page 2
DRAFT
job. 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.
At the conclusion of our engagement, we will require a representation letter from management that,
among other things, will confirm management's responsibility for the presentation of the City's
financial information in accordance with Generally Accepted Accounting Principles in the United
States of America.
Management's Responsibilities and Representations
The management of the City is responsible for making available to us all financial records and
related information and personnel with information of relevance to our engagement.
Because of the importance of management's representations to our work, the City agrees to
release the Firm and its personnel from any liability and costs relating to our services under this
letter attributable to any misrepresentations by management.
Neither party to this arrangement letter will assign, transfer or sell, directly or indirectly, to any
third' person, any claims against the other party arising out of this arrangement letter.
This; arrangement letter reflects the entire agreement between the City and the Firm relating to
the services covered by this letter. It replaces and supersedes any previous proposals,
correspondence and understandings, whether written or oral. The agreements of the City and
the Firm contained in this arrangement letter shall survive the completion or termination of this
arrangement letter.
Acknowledgment
Please confirm your agreement with the foregoing by signing a copy of this letter.
We are pleased to have this opportunity to be of service to you and assure you that this
engagement will be given our close attention.
Very truly yours,
Morrison, Brown, Argiz & Company
FRANK GONZALEZ, CPA
For the Firm
ACCEPTED BY
Mr .Ha k ee m K. Os hik o , C'
A , CGFM
s
CITY OF SOUTH MIAMI
® INTER— OFFICE MEMORANDUM
To: Mayor and City Commission Date: March 27, 2003
Cc: Sandy Youkilis, Acting City Manager
Hakeem Oshikoya, Finance Director
From: Earl G. Gallop, City Re: Resolution Approving Payment of
Attorneys' Fees and Costs to
Greenberg Traurig, P.A.
Subject: Approval of payment of $4,230.71 to Greenberg Traurig, P.A. for services
rendered in connection with the representation of the city and city attorney on the NBA's
appeal of the order denying its motion for attorney's fees in the matter of National Rifle
Ass'n. of America, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 1 it'
Cir. Ct. 2000).
Discussion: The NRA filed a motion for attorneys' fees and costs in the approximate
amount of $224,000 following the reversal of the favorable trial court order by the Florida
Third District Court of Appeal. With the city commission's consent, the city attorney retained
outside counsel to defend against the motion. On September 24, 2002, the circuit court
entered its ruling denying the NBA's motion for attorneys' fees. The NRA appealed the
lower court's ruling to the Florida Third District Court of Appeal. Again, with the city
commission's consent, the city attorney retained outside' counsel to defend the appeal of the
lower court ruling. _ This invoice no. 1010413 from appellate counsel` is presented for
payment. I recommend approval of the invoice for payment as the amount of fees and costs
are reasonable and necessary.
Recommendation: Approve the resolution authorizing payment of the invoice.
i
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Greenberg Traurig, P.A. Req. No. 128
Date: March 26, 2003
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
x
Unit Price
Total
1
1
Other Contractual
1500 - 514 -3450
$4,230.71
$4,230.71
Services
TOTAL $4,230;71
Purchase Order No. j Terms /Discount
I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved
Above Material, Equipment, and Issuance of Purchase Order
Or Service Is Essential And A - Authorized
Proper Request Against The
Codes Charge Sufficiency of Appropriation
/ Balances Verified (Except As
v�h Otherwise Noted)
ead of Department Finance Department City Manager
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
GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $4,230.71;
CHARGING $4,230.71 TO ACCOUNT NO. 1500 -514- 3450,
OTHER CONTRACTUAL SERVICES PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in the case of National Rifle Ass'n. of America, Inc., et al. v.
City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11'h Cir. Ct. 2000) the NRA
filed a notice of appeal with the Florida Third District Court of Appeal from the
lower court's favorable order denying its motion for attorneys' fees; and,
WHEREAS, with the city commission's consent, the city attorney retained
outside counsel to defend the appeal; and,
WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the city for
legal services rendered, ' and - costs advanced, for the period ending
February 28, 2003, in the amount of $4,230.71; and,
WHEREAS, the city attorney recommends payment of the attached invoice
as the amount of fees and costs are reasonable and necessary.
NOW THEREFORE BE IT RESOLVED BY THE 'MAYOR` AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoice for attorneys' fees and costs received from
Greenberg_ Traurig, P.A., in the total amount of $4,230.71, is approved for
payment and charging the amount to account no. 1500= 514 -3450, Other
Contractual Services.
Section 2. This resolution shall take effect immediately upon approval.
i
Additions shown by underlining and deletions shown by evexstFiltifig.
PASSED AND ADOPTED this day of March, 2003.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Russell,•
Commissioner Wiscombe:
CITY ATTORNEY Commissioner Bethel:
Commissioner McCrea:
\ \Dell 6100 \Documents \0022 \DAJ\ 17413.doc
Page 2 of 2
--
1
RESOLUTION NO.
2,
3
A'RESOLUTION OF THE MAYOR AND CITY COMMISSION
4
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5
ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR
6
GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $4,230.71;
7
CHARGING ` $4,230.71 TO ACCOUNT NO. 1500 -514 -3450,
8
OTHER CONTRACTUAL SERVICES; PROVIDING AN
9
EFFECTIVE' DATE.
10
11
WHEREAS, in the case of National Rifle Ass'n. of America, Inc., et al. v.
12
City of South Miami, Case No. 00-17530-CA-09 (Fla. l I" Cir. Ct. 2000) the NRA
13
filed a notice of appeal with the Florida Third District Court of Appeal from the
14
lower court's favorable order denying its motion for attorneys' fees; and,
15
16
WHEREAS, with the city commission's consent, the city attorney retained
17
outside counsel to defend the appeal; and,
18
19
WHEREAS, Greenberg Traurig, P.A., submitted an ,invoice to the city for
20
legal services rendered, and costs advanced, for the period ending'
21
February 28, 2003, in the amount of $4,230.71; and,
22
23
WHEREAS, the city attorney recommends payment of the attached invoice
24
as the amount of fees and costs are reasonable and necessary.
25
26
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
27
COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA`:
28
29
Section 1. The invoice for attorneys' fees and costs received from
30
Greenberg Traurig, P.A., in the total amount of $4,230.71, is approved for
31
payment and charging the amount to account no. 1500 -514 -3450, Other
32
Contractual Services.
33
34
Section 2. This resolution shall take effect_ immediately: upon approval.
35
Additions shown by,underliningi and deletions shown by eve -erg.
C
1'
2
PASSED AND ADOPTED this
day of March, 2003.
3
4
ATTEST:
APPROVED:'
5
6
7
CITY CLERK
MAYOR
8-
9
10
COMMISSION VOTE:
11,
READ AND APPROVED AS TO FORM:
Mayor'Feliu:
12
Vice Mayor Russell:
13
Commissioner Wiscombe:
14
CITY ATTORNEY
Commissioner Bethel:
15
Commissioner McCrea:
16
17
18
19
20=
21
22
23
24
25
\ \Dell_6100 \Documents \0022\DAJ \I7413.doc
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28
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30
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32
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Page 2 of 2
Invoice No.: 1010413
File No. 60675.010100
Bill Date March 10, 2003
City of South Miami
c/o Earl G. Gallop, Esq.
3225 Aviation Avenue
Suite 301
Miami, Florida 33133 -4741
INVOICE
Re: South Miami adv. National Rifle Association
Legal Car.�irPC thrnLah Fell ry S_ 2003.:
Total Fees: $ 3,838.50
Exn ns .s. _ 3.00
Facsimile Charges 2.70
Photocopy Charges 0.16
Telephone Expenses 386.35
Information and Research 392.21
Total Expenses: $ —
Current Invoice: $ 4,230.71
Previous Balance (see attached statement): $ 4,428.00
Total Amount Due: $ 8,658:71
'i
i
�I
EHS:YLE
Tax ID: 59- 1270754
I
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 - 579 -0500 FAX 305- 579 -0717 NEW JERSEY
AMSTERDAM ATLANTA BOCA RATON BOSTON CH ST CORNERRWASHINGTON DCO WEST PLALM BEACH WILMINGTON ZURICH
ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TY
Invoice No.: 1010413
File No. 60675.010100
Account Statement T�raLaue
.. nancPS nE �LG+ii"
Rate Tp O . # T S n F"
0.00 4,428.00
02/07/03
996219 4,416.00 12.00
Totals: $ 4,416.00 $
12.00 $ 0.00 $ 4,428.00
EHS:YLE
Tax ID: 59- 1270754
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 - 579 -0500 FAX 305 - 579 -0717 NEW JERSF
TLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE WASHINGTON D.C.
WEST PALM BEACH WILMINGTON ZURICH
AMSTERDAM A
ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE ,TYSONS CORNER: WAS
Page 1
Invoice No.:
1010413 ;
` Re:
South Miami adv. National Rifle Association
Matter No.:
60675.010100
Desy ij)tien
DATE
02/11/03
of Professional Services
Rendered
DTI 4CRTPTTnN
Teleconference with S. Halbrook prepare
1401 IRS _
0.15
AMnT TNT
45.00
TTMFKF.F.PF.R
Elliot H. Scherker
extension motion
1.50
450.00
02/18/03
Elliot H. Scherker
Continue drafting answer brief
4.20
1260.00
02/19/03
Elliot H Scherker
Continue drafting answer brief
0.80
240.00
02/23/03
Elliot H. Scherker
Revise and edit answer brief
3.50
472.50
02/24/03
Joan B. Gray
Proofread, cite check and source check all
statements and quotations in South Miami's answer
brief
Proofread cite check and source check all
6.20
$37.00
02/25/03
Joan B. Gray
statements and quotations in South Miami's answer
brief
Proofread, cite check and source'check all
3.40
459.00
02/26/03
Joan B. Gray
statements and quotations in South Miami's answer
02/26/03
Elliot H. Scherker
brief
Final edits to first draft of answer brief
0.25
75.00
Tots] Time-
20.00
T�ta1 FBPC'
$ 3,838.50
NAGINGALLOPFIGUERED0 P. A
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
April 10, 2003'
Hakeem Oshikoya
Finance Director
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Re: STATEMENTS FOR PROFESSIONAL SERVICES
City of South Miami
Dear Mr. Oshikoya:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending April 10, 2003, in the amount of $32,817.13, and requisition
no. 131. L
have tabulated the amounts currently due on each individual file as follows:
0022 -002 Real Estate & Contracts Prof I Services
$ 1,877.50
Statement No. 13786 dated 04108103 Disbursements
0.00
Total Due
1,877.50
0022 -011_ Tooks v. City of South Miami Prof I Services
$ 70.00
Statement No. 13801 dated 04108103 Disbursements
0.00
Total Due
70.00
0022 -027 Bruce v.`CSM Code Enforcement Prof I Services
$ 6,017.50
Statement No. 13787 dated 04108103 Disbursements
15.00
Total Due
6,032.50
0022 -034 CSM v. Third Group Mortgage Prof I Services
$ 75.00
Statement No. 13649 dated 04108103 Disbursements
10.00
Total Due
85.00
�^_ --�.: .. -mss, , ,. -�. �r� ,�...:. _.a• =.� ; -F-.- ,.T.�- �.:.�--.'i a -; "T .-P., � 7 r . ���,�� � va „ . R---; , -::- , . w. a .
Hakeem Oshikoya, Finance Director
CITY OF SOUTH MIAMI
April 10, 2003
Page 2 of 3
0022 -046
Merrick v. City of South Miami
Prof 1 Services
$
332.50
Statement No. 13650 dated 04108103
Disbursements
0.00
Total Due
332.50
0022 -061 `
NRA, et al. V. City of South Miami
Prof l Services
$ :
925.00
Statement No. 13652 dated 04108103
Disbursements
2.50
Total Due
927.50
0022 -094
Officer Darby Wagner Arbitration
Profl Services
$
735.00
Statement No. 13788 dated 04108103
Disbursements
0.00
Total Due
735.00
0022 -095
Lazaro D Tabares — EEOC Claim
Profl Services
$
397.50
Statement No. 13789 dated 04108103
Disbursements
0.00
Total Due
397.50
0022 -113
Forfeiture of 1991Nissan 300zx
Prof l Services
$
590.00
Statement No. 13659 dated 04108103
Disbursements
148.00
Total Due
738.00
0022 -119
Deborah Benfield Arbitration
Prof 1 Services
$
52.50'
Statement No. 13660 dated 04108103
Disbursements
2,071.49
Total Due
2,123.99
0022 -123
Labor - PBA Police Lieutenants and
Prof1 Services
$
735.00
Captains
Disbursements
0.00
Statement No. 13662 dated 04108103 `
Total Due
735.00
- 0022 -124
Maria Anduiza — EEOC Claim
Prof l Services
$
3,360.00
Statement No. 13790' dated 04108103
Disbursements
0.00
Total Due
3,360.00
0022 -125
John Hampton - EEOC Claim
Profl Services
$
8,770.00
Statement No. 13797 dated 04108103
Disbursements
230.17
Total Due
9,000.17
�P v
Hakeem Oshikoya, Finance Director
CITY OF SOUTH MIAMI
April 10, 2003
Page `3 of 3
0022 -126 Deborah Benfield — EEOC Claim Prof l Services $
3,700.00
Statement No. 13799 dated 04108103 Disbursements
254.97
Total Due
3,954.97
0022 -127 Empire Mortgage v. Manley Prof 1 Services $
135.00
StatementNo. 13666 dated 04 108103 Disbursements
0.00
Total Due
135.00
0022 -128 Maria S. Anduiza v. City of South Miami Prof 1 Services $
2,015.00
Statement No. 13795 dated 04108103 Disbursements
0.00
Total Due
2,015.00
0022- 129 Mark Richman Prop. v. City of South Miami Profl Services $
297.50
Statement No. 13796 dated 04108103 Disbursements
0.00
Total Due
297.50
CURRENT TOTAL DUE $
329817.13
Do not hesitate to call me if you have any questions regarding these statements.
Very truly yours,
Earl G. Gallop
EGG:daj
Enclosures
cc: Mayor and City Commission
. max..
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF 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 $32,817.13; CHARGING $2,097.50 TO ACCOUNT NO. 1500- 514
8 3435, REAL PROPERTY/FORECLOSURE; CHARGING
9 $23,949.13 TO ACCOUNT NO. 1500- 514- 3410, LEGAL
10 SERVICES, NON - RETAINER; CHARGING $738.00 TO
1'1 ACCOUNT NO. 608- 1910 -521 -3100, PROFESSIONAL
12 SERVICES, FORFEITURES; AND CHARGING $6,032.50 TO
13 ACCOUNT NO. 1500 -514 -3452, CODE ENFORCEMENT;
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of South Miami approved
17 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187,
18 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and,
19
20 .:WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City
2!1 for legal services rendered, and costs advanced, for the period ending
22 March 31, 2003, in the amount of $32,817.13; and,
23
24 WHEREAS, the City Attorney recommends payment of the attached
25 invoices,
26
27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. The invoices for attorneys' fees and costs received from
31 Nagin Gallop Figueredo, P.A., in the total amount of $32,817.13, are approved for
32 payment and charging $2,097:50 to account no; 1500 -514- 3435, real
33 estate /foreclosure; charging $23,949.13 to account no. 1500 -514 -3410, legal, non-
34 retainer; charging $738.00' to account no. 608 -1910. 521 -3100, professional
35 services, forfeitures; and charging $6,032.50 to account no. 1500 -514- 3452, code
36 enforcement.
37
38 Section 2. This resolution shall take effect immediately upon approval.
39
Additions shown by underlining and deletions shown by ever g.
1
Page 2 of 2
2
PASSED AND ADOPTED this
day of April, 2003.
3
4
ATTEST:
APPROVED:
5
6
7
CITY CLERK
MAYOR
8'
9
10
COMMISSION VOTE:
11
READ AND APPROVED AS TO FORM:
Mayor Feliu:
12
Vice Mayor Russell:`
13
Commissioner Wiscombe:
14
CITY ATTORNEY
Commissioner Bethel:
15
Commissioner McCrea:
16
17
18
19
20
\ \Dell' 6100\ Documents \0022\DAJ \17563.doc
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Page 2 of 2
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami; Florida 33143
Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 131
Date: April 10, 2003
Finance Department
Item
NO.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
and Issuance of Purchase Order
Or Service Is Essential And A
Authorized
1
3
Real Estate /Foreclosure
1500 -514 -3435
$2,097.50
$2,097.50'
�G=
Balances Verified (Except As
Otherwise
2
12
Legal, Non-Retainer
1500 -514 -3410
$23,949.13
$23,949.13
City Manager
3
1
Forfeitures
608- 1910 -521 -3100
$738.00
$738.00
4
1
Code Enforcement
1500 -514 -3452
$6,032.50
$6,032,50
TOTAL
$32,817.13
Purchase Order No. Terms /Discount
I Hereby Certify That The
Coding of Accounts Approved
Purchases as Above Approved
Above Material, Equipment,
and Issuance of Purchase Order
Or Service Is Essential And A
Authorized
Proper Request Against The
Codes Charge
Sufficiency of Appropriation
�G=
Balances Verified (Except As
Otherwise
Noted)
Head of Department-
Finance Department
City Manager
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO RA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -002
Finance Director
Real Estate & Contracts
City of South Miami
6130 Sunset Drive
Statement No. 13786
City of South Miami, FL 33143
Amount
Hours
03/25/2003 EAB
Continued to revise draft`RFP for parking services. 2.00
300.00
03/25/2003 EGG
Prepared for annexation meeting with county manager's 4.00
700.00`
negotiating team; reviewed county code regarding retention of
electric franchise and utility tax revenue; telephone conferences
with comm'r. McCrea and Mr. Youkilis; reviewed portions of
decision in Levy v. MDC with particular; attention to distribution of
certain types of non -ad valorem tax revenues; attended meeting
with representatives of county manager and city.
03125/2003 MDS
Telephone conferences with Jeanette Navarro concerning 0.50
0.00
interpretation of Collective Bargaining Agreements Article 12 Step
Four. Reviewed and analyzed Collective Bargaining Agreements
Article 12 Step Four. Reviewed telephone call from attorney Valdes
concerning former Officer Barrio.
03/27/2003 EAB
Attention to PBA grievances. 0.30
45.00
03/27/2003 EGG
Telephone conference with comm'r. McCrea and prepared 2.00
350.00
Snapper Creek Annexation resolution regarding non - retention by
county of ad valorem and other revenue.
03/28/2003 EGG
Reviewed revisions to Snapper Creek Annexation resolution and 0.40
70.00
further handling instructions to administrative assistant.
03/2812003 EGG
Reviewed March 28 letter from Neil Flaxman,,attorney for capt. 0.30
52.50
Greg Feldman and transmitted same to Mr. Youkilis.
03/31/2003 EAB
Prepared for and attended two Step 4 grievances by police 2.40
360.00
officers (Valdez and Griffin); analysis of PBA bargaining
agreement;, attended hearing with Mr. Milian, Ms. Navarro and Mr.
Youkilis regarding' Valdez grievance; and telephone' conference
with Mr. Axelrad regarding Griffin grievance.
Total Professional Services 1,877.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a «rate of
1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Fgueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -002 Statement No.: 13786 Page: 2
Rate Summary'
Eve A. Boutsis 4.70 hours at $150.00 /hr' 705.00
Earl G. Gallop 6.70 hours at $175.00/hr 1,172.50
Michael D. Spivack 0.50 hours at $ 0.00 /hr 0.00
Total hours: 11.90
Payments
03/27/2003 Payment Ck#40512 352.50
Sub - total: Payments: 352.50
For Professional Services 1,877.50
For Disbursements Incurred 0.00
Current Balance: 1,877.50
Previous Balance: 352.50
Payments - Thank you 352.50
Total Due 1,877.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
I Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya Matter ID: 0022 -011
Finance Director - Tooks v. City of South Miami
City of South Miami
6130 Sunset Drive Statement No. 13801
City of South Miami, FL 33143
Amount
Hours
03/24/2003 EGG Telephone conference with Ms. Taylor regarding obtaining 0.20
35.00
transcript of deposition sition of witness in Tooks v. CSM.
p
03/28/2003 EGG Reviewed summary of deposition of Ms. Susan Redding in Tooks 0.20
35.00
v. CSM.
Total Professional Services
70.00
Rate Summary
Earl G. Gallop 0.40 hours at $175.00/hr 70.00
Total hours: 0.40
For Professional Services
70.00
For Disbursements Incurred
0.00
Current Balance:
70.00
Previous Balance:
0.00
Payments - Thank you
0.00
Total Due
70.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions, you have regarding this invoice._ Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
jTelephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -027
Finance Director
Bruce v. Code Enforcement
City of South Miami
6130 Sunset Drive
Statement No. 13787
City of South Miami, FL
33143
Amount
Hours
03/04/2003 EGG
Reviewed five liens against Bruce property in connection with CSM 0.20
35.00
v. Bruce.
03/11/2003 EAB
Attention to Bruce file and began organizing evidence in order to 0.40
60.00
prepare pretrial stipulations, witness and exhibit lists.'
03/11/2003 MDS
Reviewed materials in preparation for trial of matter. Telephone 3.40
595.00
conference with Sgt. Rodriguez in regards to preparation of case
for trial.
03/12/2003 EGG
` Attention to issue whether city code places weight or load limitation 0.30
52.50
on commercial vehicles; reviewed transcript of code enforcement
hearing, settlement agreement and other documents regarding
same.
03/12/2003 MDS
Left telephone messages for possible witnesses in regards to 0.80
140.00
preparation for trial. Initial meeting with police witnesses in regards
to preparation for trial. Analyzed evidence in regards to
preparation for trial. Reviewed Court's Pre -trial Conference Order.
03/13/2003 EAB
Attention to Bruce file and began drafting city's' pretrial disclosure. ` 0.30
45.00
03/13/2003 MDS-
Reviewed telephone message from police witness' on case. Left 0.10
17.50
return telephone message.
03/14/2003 MDS
Made numerous telephone calls to police officers in an attempt to 0.20
35.00
set new meeting time. Officers had called and left a voice mail
message that they needed to change the time of the meeting.
Prepared for meeting with police officer witnesses on case.
03/17/2003 MDS
Reviewed materials in preparation for trial. Interviewed witnesses, 9.20 1,610.00
police officers and code enforcement officers, in preparation for
trial.
03/18/2003 MDS
Witness preparation for trial. 1.50
262.50
03/19/2003 MDS
Witness preparation for trial of matter." 1.00
175.00
03/20/2003 MDS
Witness preparation. Prepared Pre -Trial Disclosure. Legal 5.20
910.00
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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -027 Statement No.: 13787
Page: 2
research regarding judicial notice of key facts in matter. Prepared
Request for Judicial Notice.
-
03/21/2003 MDS Prepared affidavit in support of Requests for Judicial Notice.
5.70 997.50
Telephone conferences with Mr. David Struder concerning affidavit
and collection of additional exhibits in support of Requests for
Judicial Notice. Finalized Affidavit and Requests for Judicial
Notice. Left 'telephone messages for police witnesses. Finalized
Pretrial Disclosures. Client consultation regarding affidavit and
exhibits in support of Requests for Judicial Notice. Legal research
regarding motions for default judgment. ment. <Le al research regarding
9 9 J _9 _9 9 _9
f >
waive r o de fenses.
03/23/2003 MDS Legal research regarding legal consequences for defendants
2.50 437.50
file ' amended complaint.
ailure to f I e o t p_
03/24/2003 MDS Analyzed legal research regarding legal consequences for
1.20 210.00
defendants failure to file answer to amended complaint. Reviewed
pleadings in response to legal research regarding legal
consequences for defendants failure to file answer to amended
complaint.
03/25/2003 EGG Attention to motion for default against defendant in CSM v Bruce.
0.20 35.00
03/25/2003 JMP Filed 1. Notice for Default 2. Notice of Hearing on Notice of Default
0.75 15.00
3. Request for Judicial Notice 4. Notice of Hearing on Request for
Judicial Notice at Circuit Court.
03/25/2003 MDS Reviewed pleadings in preparation for motion to dismiss. Prepared
2.10 367.50
motion to dismiss.` Modified Requests for Judicial Notice.
03/31/2003 MDS Left voice mail messages for police investigators to aide in further
0.10 17.50
development of evidence.
Total Professional Services 6,017.50
Rate Summary
Eve A. Boutsis 0.70 hours at $150.00 /hr
105.00
Earl G. Gallop 0.70 hours at $175.00/hr
122.50
Jennifer M. Penichet 0.75 hours at $ 20.00 /hr
15.00
Michael D. Spivack 33.00 hours at $175.00/hr 5,775.00
Total hours: 35.15
Expenses
Mileage
3.00
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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -027 Statement No.: 13787
Page: 3
Parking Charge 12.00
Sub -total Expenses: 15.00
Payments
03/14/2003 Payment Ck#40347 2,208.00
03/27/2003 Payment Ck#40512 765.50
Sub- total - Payments: 2,973.50
For Professional Services
6,017.50
For Disbursements Incurred
15.00
Current Balance:
6,032.50
Previous Balance:
- 2,973.50
Payments - Thank you
2,973.50
Total Due
6,032.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya Matter ID: 0022 -034
Finance Director CSM v. Third Group Mortgage,
City of South Miami
6130 Sunset Drive
Statement No. 13649
City of South Miami, FL 33143
Hours Amount
03/27/2003 EAB Attention to file and prepared motion to dismiss due to satisfaction 0.50 75.00
of lien interest.
Total Professional Services 75.00
Rate Summary -
Eve A. Boutsis 0.50 hours at $150.00 /hr 75.00'
Total hours: 0.50
Expenses
Parking Charge 10.00
Sub -total Expenses: 10.00
Payments
03/14/2003 Payment Ck#40347 225.00
03/27/2003 Payment Ck#40512 404.00
Sub -total Payments: 629.00'
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest of a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -034 Statement No.: 13649' Page: 2
For Professional Services 75.00
For Disbursements Incurred` 10.00
Current Balance,
85.00
Previous Balance: 629.00
Payments -Thank you 629.00
Total Due 85.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
•'.T.e`!" r . m --'—'- ;-� ,.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED`
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya Matter ID: 0022 -046
Finance Director Merrick v. City of South Miami
City of South Miami
6130 Sunset Drive Statement No. 13650
City of South Miami, FL 33143
Hours Amount
03/04/2003 EGG Reviewed settlement in Merrick v. CSM with particular attention to 1.90 332.50
payment of retirment benefit; reviewed personnel file for relevant
military and law enforcement service; again reviewed January 29
letter from Mr. Sugarman; telephone conferences with Mr. Scurr
regarding recollection of communications about subject during
mediation and Mr. Harrison, pension attorney, regarding means to
effect settlement.
Total Professional Services 332.50
Rate Summary
Earl G. Gallop 1.90 hours at $175.00/hr 332.50
Total hours: 1.90
Payments
03/14/2003 Payment Ck#40347 187.50
03/27/2003 Payment Ck#40512 105.00
Sub-total lPayments: 292.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
K
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022-046 Statement No.: 13650 Page: 2
For Professional Services 332.50
For Disbursements Incurred 0.00
Current Balance:
332.50
Previous Balance: 292.50
Payments - Thank you 292.50
Total Due 332.50
To be properly credited, please indicate Statement, Number on your remittance check:
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at -a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP. A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Finance Director Matter ID: 0022 -061
City of South Miami NRA, et al. vs. City of South
6130 Sunset Drive Statement No. 13652
City of South Miami, FL 33143
Hours Amount
03/05/2003 EGG Evaluated draft answer brief of city. 2.40 420.00
03/07/2003 EGG Reviewed draft brief. with Mr. Scherker and email to comm'rs. 1.40 _245.00
03/12/2003 JMP Pick up check from Anita at CSM City Hall. 0.75 15.00
03/17/2003 EGG Analyzed final draft answer brief and email communication to Mr. 1.40 245.00
Sherker with suggested changes.
Total Professional Services 925.00
Rate Summary
Earl G. Gallop 5.20 hours at $175.00/hr 910.00
Jennifer M. Penichet 0.75 hours at $ 20.00 /hr 15.00
Total hours: 5.95
Expenses
Mileage 2.50
Sub -total Expenses: 2.50
Payments
03/14/2003 Payment Ck#40347 349.50
03/27/2003 Payment Ck#40512 1,060.00
Sub -total Payments: 1,409.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022-061 Statement No.: 13652 Page: 2
For Professional Services 925.00
For Disbursements Incurred 2.50
Current Balance: 927.50
Previous Balance: 1,409.50
Payments - Thank you 1,409.50
Total Due 927.50
To be properly credited, please indicate Statement Number on your remittance check.
i
1
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.
a
,.r9 -.aT ,-- F -.•. -m - -- a: -R.. _..? x ,.r- :zt"'^c e..
0-7
CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, ;Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351:
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -094
Finance Director
Officer Darby Wagner
City of South Miami
6130 Sunset Drive
Statement No. 13788
City of South Miami, FL 33143
Amount
Hours
03/03/2003 MDS
Reviewed telephone message from opposing counsel in regards to 0.30
52.50
back pay for officer Wagner. Telephone conference with Jeanette
Enrizo Navarro in regards to back pay for officer Wagner.
Telephone conference with Ms. Navarro and finance officer in
regards to back pay for officer. Wagner. <Left voice mail message
for Mr. Tucker in regards to back pay for officer Wagner.
03/04/2003 MDS
Telephone conference with Mr. Tucker in regards to back pay for 0.10
17.50
Officer Wagner.
-
03/20/2003 MDS`
Telephone conferences with Mr. 'Tucker regarding back pay for 0.30
52.50
officer Wagner. Telephone conference with head of finance
department regarding back pay for officer Wagner.
03/31/2003 MDS
Met with Officer Wagner, attorney George Tucker, and Hakeem 3.50
612.50
Oshikoya concerning back pay for Officer Wagner. Telephone
conference with Hakeem Oshikoya concerning back pay for
Officer Wagner. Prepared letter to Officer Wagner, per his
attorney's instructions, with calculations sheet provided by Hakeem
Oshikoya concerning back pay for Officer Wagner.
Total Professional Services
735.00
Rate Summary
Michael D. Spivack 4.20 hours at $175.00/hr 735.00
Total hours: 4.20
Payments
03/14/2003
Payment Ck#40347 474.14
03/27/2003
Payment Ck#40512 402.50
Payment is due upon receipt.
Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
,.,; --� •ate ., -,:� � ��-� rn �-; ..
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -094 Statement No.: 13788 Page: 2
Sub -total Payments: 876.64
For Professional Services 735.00
For Disbursements Incurred 0.00
Current Balance: 735.00
Previous Balance: 876.64
Payments - Thank you 876.64
Total Due 735.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOPFIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133°
Telephone: (305) 854 -5353` Facsimile: (305) 854 - 5351
April 8, 2003
Hakeem Oshikoya Matter ID: 0022 -095
Finance Director Lazaro D. Tabares - EEOC
City of South Miami
6130 Sunset Drive Statement No. 13789
City of South Miami, FL 33143
Amount
Hours
03/11/2003 EAB Telephone conference with Mr. Rick McDuff, litigation counsel, and 0.30
45.00
follow up with staff as to Mr. McDuffs request.
03/13/2003 EAB Telephone conference with Mr. McDuff regarding litigation 0.20
30.00
discovery issues and prepared facsimile attachment to Mr. McDuff:
03/13/2003 EGG Reviewed summaries of deposition testimony of Lazaro Tabares 0.30
52.50
and Rudy de la Torre in Tabares v. CSM.
03/19/2003 =EAB Telephone conference with Mr. McDuff regarding Tabares's 0.50
75.00
second request for production; and telephone conference with
Mrs.'Enrizo- Navarro regarding compliance with production
request.
03/20/2003 EAB Attention to discovery requests made by litigation counsel and 0.30 `
45.00
provided current information as to Mr. Hernandez, Mr. Bynum and
Ms. Verheilig after' communicating with Mr. Balogun.
03/25/2003 EAB Analysis of documents produced by city responsive to Tabares's 0.60
90.00
second request for production; and drafted letter and e-mail to Mr.
McDuff enclosing production documents.
03/27/2003 EAB Telephone conference with Mr. McDuff' regarding follow up 0.40
60.00
discovery requests and again contacted Mrs.;Enrizo- Navarro on
discovery issue and production.
Total Professional Services
397.50
Rate Summary
Eve A. Boutsis 2.30 hours at $150.00 /hr 345.00
Earl G. Gallop 0.30 hours at $1`75.00/hr 52.50
Total hours: 2.60
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -095 Statement No.: 13789 Page: 2
For Professional Services 397.50
For Disbursements Incurred 0.00
Current Balance: 397.50
Previous Balance: 0.00
Payments - Thank you 0.00
Total Due 397.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
a-
CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED
NAGIN GALLOP FIGEREDO1'A`
Attorneys Pa Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya Matter ID: 0022 -112
Finance Director
City of South Miami Forfeiture of 1987 Cadillac Sedan
6130 Sunset Drive Statement No. 13658
City of South Miami, FL 33143
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance:
.0.00
Previous Balance: 9.00
Payments - Thank you 0.00
Total Due 9.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
i
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -113
Finance Director Forfeiture of 1991 Nissan 300zx
City of South Miami
6130 Sunset Drive Statement No. 13659
City of South Miami, FL 33143
Amount
Hours
03/03/2003 EAB Reviewed claimant's request to plead his 5th amendment rights for 0.50
50.00
the upcoming deposition and mediation; prepared letter to claimant
explaining that his request does not excuse him from his
deposition and mediation and reminding him of upcoming '
deadlines; and prepared subpoena and notice of taking deposition
of non -party Roberto J. Blandon, co- defendant in claimant's criminal
matter.
03/21/2003 EAB Telephone conference with Capt. Feldman regarding upcoming 0.30
30.00
depositions of claimant and passenger.
03/24/2003 EAB Analysis of production, pleadings, police reports, etc in preparation 2.00
200.00
for depositions.
03/25/2003 EAB Finalized questions in anticipation of depositions; and telephone 3.10
310.00
conference with Miami -Dade County crime lab regarding obtaining
certified copy of report; attended deposition of claimant and
obtained no show affidavit for claimant's passenger Mr. Blandon.
Total Professional Services
590.00
Rate Summary
Eve A. Boutsis 5.90 hours at $100:00 /hr 590.00
Total hours: 5.90
Expenses
03/18/2003 Service of Process 33.00
03/31/2003 Court reporter 115.00-
Sub- total Expenses: 148.00
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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -113 Statement No.: 13659 Page`. 2
For Professional Services 590.00
For Disbursements Incurred 148.00
Current Balance: 738.00
Previous Balance: - 232.50
Payments -Thank you 0.00
Total Due 970.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. 'Please notify us within 10 days of receipt of any questions you have regarding' this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
i
;i
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUERED4PA
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Mshikoya Matter ID: 0022 -119
Finance Director Deborah Benfield Arbitration
City of South Miami
6130 Sunset Drive Statement No. 13660
City of South Miami, FL, 33143
Hours Amount
03/11/2003 MDS Telephone conference with Captain Ross in regards to status of 0.10 17.50
matter.
03/25/2003 MDS Reviewed letter from arbitrator. 0.10 17.50
03/28/2003 EGG Reviewed March 12 notice by American Arbitration Ass'n. that PBA 0.10 17.50
withdrew grievance' regarding 5 -day suspension.
Total Professional Services 52.50
Rate Summary
Earl G. Gallop, 0.10 hours at $175.00 /hr 17.50
Michael D. Spivack 0.20 hours at $175.00/hr 35.00
Total hours. 0.30,
Expenses
Legal research 222.49
03/10/2003 Court reporter -Date Taken - Feb. 18, 1,849.00'
2003
Sub -total Expenses: ' 2,071.49
Payments
03/14/2003 Payment Ck#40347 1,206.50
03/27/2003 Payment Ck#40512 4,807.73
Sub - total, Payments: 6,014.23
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
i
rate of 1.5% per month will be charged if payment is not received' within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -119 Statement No.: 13660 Page: 2
For Professional Services 52.50
For Disbursements Incurred 2,071.49
Current Balance: 2,123.99
Previous Balance: 6,014.23
Payments - Thank you 6,014.23
Total Due 2,123.99
To be properly credited, please indicate Statement Number on your remittance check:
j
j 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
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -123
Finance Director
Labor - PBA Police Lieutenants
City of South Miami
6130 Sunset Drive
Statement No. 13662
City of South Miami, FL 33143;
Amount
Hours
03/04/2003 EGG
Evaluated question whether elimination of postions and demotions 2.00
350.00'
might constitute unfair labor practice; analyzed PERC decisions;
telephone conference with Mr. Stokes, labor counsel. "
03/05/2003 EGG
Attention to further handling requirements in light of comm'ns action 0.50
87.50
to restructure PD and reduce personnel in rank; telephone
conference with labor counsel and requested assistance to request
PERC to defer action on hearing officers recommended oder to
allow city to request reconsideration of matter and to prepare to
defend unfair labor practice charge and grievance proceeding:
03/06/2003 EGG
: Telephone conference with Mr. Axelrod, PBA counsel, regarding 0.30
52.50
potentia8 unfair labor practices act claim.
03/12/2003 EGG
Attention Mr. Stokes regarding filing with PERC a motion to stay 0.30
52.50
action on hearing officer's recommended order in light of action
taken by city manager to restructure police department.
03/12/2003 EGG
Telephone conference with Mr. Youkilis and Mr. Stokes regarding 0.30
52.50
feasibility of filing motion to stay action by PERC and
reconsideration of recommended order on certification of bargaining
unit.
03/17/2003 EGG
Reviewed PERC order approving consent election agreement; 0.40
70.00
transmitted: same and hearing officer's recommended order to
mayor and city comm'n; requested Mr. Youkilis'to provide election
information requested by PERC.
03/19/2003 EGG
Attention to scheduling consent election. 0.20
35.00
03/21/2003 EGG
Reviewed and approved notice of consent election. 0.20
35.00
'
I_
Total Professional Services
735.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
i
rate of 1.5% per month will be charged if payment is not received within 30 days.
i
i
I
I
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -123 Statement No.: 13662
Page: 2
Rate Summary ,
Earl G. Gallop. 4.20 hours at $175.00/hr 735.00
Total hours: 4.20
Payments
03/14/2003 Payment Ck#40347 1,210.00
03/27/2003 Payment Ck#40512 262.50
Sub -total Payments: 1,472.50
For Professional Services
735.00
For Disbursements Incurred
0.00
Current Balance:
735.00
Previous Balance:
1,472.50
Payments - Thank you
1,472.50
Total Due
735.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice.
Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
III,
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -124
Finance Director
Maria Anduiza EEOC Claim
City of South Miami
6130 Sunset Drive
Statement No. 13790
City of South Miami, FL 33143
Amount
Hours
03/06/2003 EAB
Analyzed charge filed by Ms. Anduiza against the city with the 0.40
60.00
Florida Commission on Human Relations; calendared deadlines;
communicated request to attend mediation issued by investigator,
Mr. Bill Matthews; and telephone conference with Mrs. Jeanette
Enrizo- Navarro regarding organizing documents in anticipation of
preparing position statement.
03/12/2003 EAB
Attention to Florida Commission on Human Relations mediation 1`.50
225.00
request; telephone conference with Mr. Matthews of FCHR
regarding extension of deadlines, stay and mediation request;
prepared request for this matter to be placed on next agenda for
discussion; and telephone conference with Mrs. Enrizo- Navarro in
effort to coordinate discovery in order to prepare FCHR responses
and position statement.
03/13/2003 EAB
Finalized memorandum to commission on charges by Anduiza; 2.50
375.00
and legal research and analysis of procedures and power of
Florida Commission on Human Relations.
03/14/2003 EAB
Meeting with Mrs. Enrizo - Navarro and Ms. Maria Garcia in order to 2.00
300`.00
obtain files necessary to respond to Florida Commission on Human
Relations request for information; meeting with Ms. Cathy Vasquez
regarding Anduiza allegations; and telephone conference with Mr.
Balogun and other alleged witnesses.
03/19/2003 EAB
Telephone conference with Mrs. Enrizo- Navarro regarding Anduiza 1.50
225.00
discovery and finalized memorandum to commissioner.
03/24/2003 EAB
Analysis of Florida Civil Rights Act, administrative procedures for 6.00
900.00
bringing FCHR act in front of the FCHR; analysis of caselaw
interpreting FCRA;analysis of Anduiza personnel file, safety
committee minutes, safety committee book, and Ms. Navarro's draft
response; and began drafting facts section of position' statement.
03/26/2003 EAB
Legal research on retaliaton issues. 2.50
375.00
03/28/2003 EAB
Analyzed inbox, sent and deleted a -mails in Anduiza's work e-mail 6.00
900.00
directory.
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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -124 Statement No.: 13790 Page: 2
Total Professional Services 3,360.00
Rate Summary
Eve A. Boutsis 22.40 hours at $150.00 /hr 3,360.00
Total hours: 22.40
Payments
03/14/2003 Payment Ck#40347 495.00
03/27/2003 Payment Ck#40512 45.00'
Sub -total Payments: 540.00
For Professional Services 3,360.00
For Disbursements Incurred 0.00
Current Balance: 3,360.00
Previous Balance: 540.00
Payments - Thank you 540.00
Total Due 3,360.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify, us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO FA.
Attorneys ,& Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -125
Finance Director
John Hampton EEOC Claim
City of South Miami
6130 Sunset Drive
Statement No. 13797
City of South Miami, FL 33143
Amount
Hours
03/07/2003 MDS
Prepared letter to in response to' letter from AAA regarding status 0.40
70.00
of arbitration. Left telephone message for opposing counsel
regarding status of matter.` -
03/10/2003 EAB
Analysis of settlement offer issued by Hampton and prepared 1.00
175.00
memorandum to commission on arbitration and EEOC settlement
and deadlines.
03/11/2003 EAB
Finalized settlement memorandum to commission; and continued to 1.30
227.50
draft city's position statement.
03/11/2003 EAB
Telephone conference with Mr. Orlando Martinez regarding 0.40
70.00
Hampton's allegations of discriminatory comments by Mr. Martinez
and other issues surrounding Hampton EEOC claim:
03/11/2003 EGG
Evaluated settlement demand for reinstatement, back pay, 0.30
52,50
attorney's fees and payment of $50,000.
03/11/2003 -MDS
Reviewed correspondence from opposing counsel in regards to 0.20
35.00
settlement offer by Mr. Hampton`
03/12/2003 EGG ;
Attention to further handling needs regarding Hampton EEOC 0.30
52.50
claim;
03/13/2003 EAB
Finalized memorandum to commission on charges filed by 4.50
787.50
Hampton; various telephone conference with Ms. Enrizo - Navarro
seeking documents in preparation of position statement; prepared
affidavit of commissioner Bethel, continued to draft position
statement; and analysis of documentary evidence.
03/13/2003 EGG
Reviewed Hampton's written demand for settlement. 0.20
35.00
03/13/2003 EGG
Prepared settlement report and recommendation to city comm'n. 1.20
210.00
03/14/2003 EAB
Meeting with Mr. Bethel regarding his recollection of conversations 5.00
875.00
with Mr. Hampton; meeting with Det.- Gilbert regarding closed AI's
on Mr. Martinez; meeting with Ms. Enrizo- Navarro and Ms. Maria
Garcia in effort to obtain documents responsive to EEOC request
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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -125 Statement No.: 13797
Page: 2
for information; telephone conference with Mr. Gallop, Mr. Youkilis
and Mr. Bethel regarding closed Al file; and began document
review of Al file; and personnel files of Mr. Scurr, Mr. Martinez,
Mr. Hampton, and others.
03/14/2003
JB Worked on preparing documents that will be bates labeled and
2.40 60.00
copied for the pre- determination hearing.
03/14/2003
EGG Telephone conference with'comm'r. McCrea regarding Snapper
0.40 70.00
Creek annexation and county retained revenues.
03/17/2003
EAB Continued legal research on elements of disparate discipline,
5.00 875.00
retaliation; and continued to draft position statement.
03/17/2003
JB Compiled and bates labeled all documents to be produced to
3.50 87.50
EEOC.
03/17/2003
JMP Deliver package to CSM.
0.75 15.00
03/18/2003
EAB Continued to prepare position statement; telephone conference
10.00 1,750.00
with Florida State Representative District 117, Julio Robaina and
Mr. Scurr regarding affidavits in Hampton litigation; finalized
comm'r Bethel's affidavit; and forwarded affidavits for execution.
03/18/2003
JB Continued production responsive to EEOC's requests for
1.50 37.50
information.
03/18/2003
JMP Delivered an affidavit to Commissioner David Bethel and waited for
0.75 15.00
him to sign and you brought it back to NGF.
03/19/2003
EAB Continued working on position statement; meeting with public
5.00 875.00
works department witnesses; drafted declarations for union
president, public works employees regarding Hampton matter; and
telephone conference with Ms. Lozano of EEOC.
03/20/2003
EAB Continued to obtain documents responsive to EEOC requests for
7.00 1,225.00
production; revised Ms. Navarro's draft response to EEOC request
for information; finalized city's position statement; completed
analysis and inspection of bates numbering of documents
responsive to EEOC request for information; and various telephone
conferences with Mr. de la Torre, Mr. Balogun, Ms. Navarro, and
Ms. Garcia regarding production, affidavits, and compliance with
EEOC request for information.
03/20/2003
JB Finalized production.
1.50 37.50
03/21/2003
EAB Edited and finalized position statement, discovery and responses
4.00 700.00
to request for information by EEOC.
03/21/2003
EGG Reviewed Hampton's EEOC position statement and public records
0.30 52.50
request.
03/21/2003
JMP Delivered document to Janette's house to have her sign and return
0.75 - 15.00
to NGF.
03/21/2003
JMP Pick up package from CSM Public Works and return to NGF.
0.75 15.00
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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Nagin Gallop Fgueredo
P.A.
Matter ID: 0022-125 Statement No.: 13797
Page: 3
03/31/2003
EAB Worked on pending city matters; telephone conferences with
2.00 350.00
Comm'r Randy Wiscombe; and e-mail communications with Mr.
Balogun regarding public works investigation.
Total Professional
Services 8,770.00
Rate Summary
Eve A. Boutsis 45.20 hours at $175.00/hr
7,910.00:
Jordan Braswell 8.90'` hours 'at $ 25.00 /hr
222.50
Earl G. Gallop 2.70 hours at $17500/hr
472.50
Jennifer M. Penichet 3.00 hours at $ 20.00 /hr
-60.00
Michael D. Spivack 0.60 hours at $175.00/hr
105.00
Total hours: 60.40
Expenses
Parking Charge'
2.50
Mileage '
16.00
Legal research
95.47
03/20/2003
Outside copy Job
116.20
Sub- total Expenses:
230.17
Payments
03/14/2003
Payment Ck#40347
910.00
03/27/2003
Payment Ck#40512
157.50
_Sub-total Payments:
1,067.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding
this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -125 Statement No.: 13797 Page: 4
For Professional Services 8,770.00
For Disbursements Incurred 230.17
Current, Balance: 9,000.17
Previous Balancer 1,067.50
Payments - Thank you 1,067.50
Total Due 9,000.17
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5 % per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A:
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854- 5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya Matter ID: 0022 -126
Finance Director
Deborah Benfield EEOC Claim
City of South Miami
6130 Sunset Drive - Statement No. 13802
'
City of South Miami, FL 33143
Amount
Hours
03/02/2003 EAB Began drafting city's position statement to Benfield EEOC charge 6.00
1,050.00
of discrimination.
03/02/2003 JB Continued to work on bates labeling all documents responsive to 2.50
62,50"
EEOC's request for information.
03/03/2003 EAB Continued drafting Benfield position statement; telephone 4.00
700.00
conference with Chief Watson regarding response to EEOC
questions; and began drafting police department responses to
EEOC questions.
03/03/2003 EGG Attention to response to EEOC complaint by Benefield. 0.10
17.50
03/04/2003 EAB Completed revisions to position statement and police department's 7.00
1,225.00
response to EEOC questions; finalized documents for production
pursuant to EEOC request; and telephone conference with Chief
Watson and'Capt. Ross regarding draft responses.'
03/05/2003 EAB Finalized and submitted position statement; drafted letter 3.00
525.00
confirming City's rejection of EEOC's communicated settlement
offer; and provided responses to questions by EEOC:
03/06/2003 JMP Hand delivery to Chief Watson for signature; 0.75
15.00
03/17/2003 EGG Reviewed and revised memorandum to city`comm'n. evaluating 0.60
105.00
discrimination and retaliation claims, and recommendation.
Total Professional Services
3,700.00
Rate Summary
Eve A.,Boutsis 20.00 hours at $175.00/hr 3,500.00
Jordan Braswell 2.50 hours at $ 25.00 /hr 62.50
Earl G. Gallop 0.70 hours at $175.00/hr 122.50`
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
a
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -126 Statement No.: 13802
Page: 2
Jennifer M. Penichet 0.75 hours at $ 20.00 /hr 15.00
Total hours: 23.95
Expenses
Legal research 29.88
Mileage 1.25
03/05/2003
Outside copy Job 223.84
Sub- total Expenses: 254.97
Payments
03/14/2003
Payment Ck#40347 35.00
03/27/2003
Payment Ck#40512 942.50
Sub -total Payments: 977.50
- -For Professional Services
3,700.00
For Disbursements `Incurred
254.97
Current Balance:
3,954.97
Previous Balance:
977.50
Payments - Thank you
977.50
Total Due,
3,954.97
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGVEREDOP.A'
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133,
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya April 8, 2003
Matter ID: 0022 -127
.Finance Director'
Empire Mortgage v. Manley
City of South Miami
6130 Sunset Drive Statement No. 13666
City of South Miami, FL `33143
Amount
Hours
03/14/2003 EAB Analysis of foreclosure complaint and prepared memorandum to file 0.30
45.00
to calculate liens.
03/26/2003 EAB Prepared answer and affirmative defenses. 0.60
90.00
Total Professional Services
135.00
Rate Summary
Eve A. Boutsis 0.90 hours at $150.00 /hr 135.00
Total hours: 0.90
For Professional Services
- 135.00
For Disbursements Incurred
0.00
Current Balance:
135.00
Previous Balance:
0.00
Payments - Thank you
0.00
Total' Due
135.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL = ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -128
Finance Director
Maria S. Anduiza v. City of
City of South Miami
6130 Sunset Drive
Statement No. 13795
City of South Miami, FL 33143
Hours Amount
03/13/2003 EGG
Attention to status of demand for settlement in Anduiza v. CSM. 0.40 70.00
03/18/2003 EGG
Attention to status of responses to Hampton and Anduisa claims. 0.30 52.50
03/25/2003 EAB
Analysis of complaint and began legal research on whether 2.00 300.00
chapter 112., Fla. Stat., whistle blower action can be initiated when
FCHR whistle blower already initiated.'
03/26/2003 EAB
Legal research on 112.3187, et seq., Fla. Stat., public sector 7.00 1,225.00
versus private sector whistle blower act under 448, Fla. Stat;
continued investigation into allegations by interviewing possible
witnesses, including Mr. Balogun, Mr. Oshikoya, and Ms. Navarro;
legal research for caselaw interpreting 112.3187, Fla. Stat., and
identifying affirmative defenses; and drafted answer and
affirmative defenses.
03/26/2003 EGG
Attention to Anduiza Fla.' Comm'n. Humans Relations and civil 0.30 52.50
whistle blower claims.
03/27/2003 EAB
Additional legal research on whistle blower actions and proper 0.60 105.00
forum for litigation.
03/28/2003 EGG
Reviewed March 20 letter from Fla. League of Cities declining 0.30 52.50
coverage and defense of claim.
03/31/2003 EAB
Finalized answer and affirmative defenses. 0.40 70.00
03/31/2Q03 MDS
Assisted preparation of Answer and Affirmative Defenses. 0.50 87.50
Total Professional Services 2,015.00
Rate Summary
Eve A. Boutsis 2.00 hours at $150.00 /hr 300.00
Eve A. Boutsis 8.00 hours at $175.00/hr 1,400.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -128 Statement No.: 13795 Page: 2
Earl G Gallop 1.30 hours at $175.00/hr 227.50
Michael D. Spivack 0.50 hours at $175.00 /hr 87.50
Total hours: 11.80
For Professional Services 2,015:00
For Disbursements Incurred 0.00
Current Balance:
2,015.00
Previous Balance: 0.00
Payments _ Thank you 0.00
Total Due 2,015.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA:
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 8, 2003
Hakeem Oshikoya Matter ID: 0022 -129
Finance Director
:City of South Miami Mark Richman Properties v. City
6130 Sunset Drive Statement No. 13804
City of South Miami, FL 33143
Hours Amount
03/04/2003 EGG Attention to status of potential claim by MRP and reviewed loan 0.30 52.50
amortization schedule.
03/10/2003 LRF Followed up with Mark Richman regarding status of city manager's 0.80 140.00
report and willingness to settle; followed' up with Earl Gallop and
Commissioner McCrea regarding same:
03/27/2003 LRF Reviewed Mark Richman' complaint. 0.30 52.50
03/27/2003 EGG Telephone conference with Mr. Steven Weinger regarding 0.30 52.50
defending city in contract action by MRP; telephone conference
with counsel for MRP regarding extension of time to respond to
complaint and prepared letter regarding same.
Total Professional Services 297.50
Rate Summary
Luis R. Figueredo 1.10 hours at $175.00/hr 192.50
Earl G. Gallop 0.60 hours at $175.00 /hr 105.00'
Total hours 1.70
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
£^_... _�'r;- a`ir;- ..- rv'a- r"^"rn ?: .^rte <, -+.' �.°.., -- e- v- .•i- .�,- F-+y!'+r'*,c...y...,.� �: ^. ,w`z'�„
.nyn-
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -129 Statement No.: 13804 Page: ` 2
For Professional Services 297.50
For Disbursements Incurred 0.00
Current Balance: 297.50
Previous Balance: 0.00
Payments -Thank you 0.00
Total Due 297.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any °questions ,you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
R
NAGIN GALLOP FIGUEREDO .
Attorneys & Counselors
3225 Aviation Avenue - .Third Floor
Telephone.- (305) 854 -5353 Miami, Florida 33133- 4741 Facsimile: (305) 854 -5351
April 10, 2003
Hakeern Oshikoya
Finance Director
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
Re STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami — Legal Services, Retainer
Dear Mr. Oshikoya:
Enclosed is our statement for retainer fees and costs advanced for the period ending
March 31, 2003. Included is our requisition no. 130 pertaining to the costs billed in the
amount of $1,851.68 Please issue a check payable to Nagin Gallop & Figueredo, P.A.
representing payment of these costs.
Please do not hesitate to contact me if you have any questions regarding the subject
matter of this letter.
Very truly yours,
Earl G. Gallop
EGG:daj
Enclosure
I
cc: Mayor and City Commission
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Nagin Gallop Figueredo, P.A. Req. No. 130
Dater April 10, 2003
Finance Department
Item Description and
No. Quantity Specifications Account Number Unit Price Total
I 1 Consulting - Legal 1500 -514 -3410 $1,851.68 $1,851.68
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP. A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Finance Director
April 8, 2003
Hakeem Oshikoya
Matter ID: 0022 -001
City of South Miami
General Municipal
6130 Sunset Drive
Statement No. 13798
City of South Miami, 'FL 33143
Amount
Hours
03/04/2003 EGG
Reviewed agenda documents and prepared for comm'n. meeting; 9.50
1,662.50
telephone conferences with mayor Feliu, vice mayor Russell;
comm'r. McCrea and Mr. Youkilis; attended comm'n. meeting.
03/05/2003 EGG
Instructions regarding preparation of vendor ordinance, campaign 0.30
52.50
practices ordinance, quasi - judicial procedures ordinance and
annual pension review resolution.
03/06/2003 EAB
Analysis of COPS grant and issued memorandum on difference ' 0.30
52.50
between federal and state forfeiture fund expenditures.
03/06/2003 EGG
Attention to status of investigation of Hampton retaliation claims. 0.10
17.50
03/06/2003 EGG
Attention to question whether forfeiture funds may be used to fund 0.20
35.00
city share of COPs grant.
03/06/2003 EGG
Telephone conference with resident regarding construction at 0.10
17.50
Mandelstam's property.
03/06/2003 EGG
Telephone conference with Mr. Dellagloria regarding scope of 0.50
87.50
services as special counsel on pension matters; reviewed assembled
documents.
03/07/2003 EGG
Reviewed and approved March 5 invoice by Mr. James Stokes, labor 0.50
87.50
counsel, in the amount of $385.00 and prepared resolution
approving same.
03/08/2003 EGG
Attended meeting with Mr. John Dellagloria, special counsel, 1.00
175.00
regarding Charles'Scurr and Lisea Merrick pension matters:
03/10/2003 EGG
Reviewed and responded to email communications from city 0.30
52.50
officials.
0311012003 EGG
Telephone` conference with Mr. Lott regarding new offer by Van 0.20
35.00
Smith's to sell Hammock House property, and further handling
needs.
03/11/2003 EAB
E -mail communications with staff regarding code enforcement board 0.20
35.00
agenda.
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. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -001 Statement Number
Page: 2
03/11/2003 EGG
Advised Mr. Youkilis regarding engaging Mr. Dellagloria to work with
0.10 17.50
pension attorney on pending matters.
03/11/2003 JMP
Pickup package from Jeanette Navarro at CSM City Hall.
0.75 15.00
03/11/2003 MDS
Telephone conference with counsel for former Officer Barrio in
0.40 70.00
regards to his filing of rebuttal document. Left telephone and e-mail
message for Captain Ross in regards to Barrio filing of rebuttal
document. Telephone conference with Captain Ross in regards to
Barrio filing of rebuttal document.
03/12/2003 EGG
Telephone conference with vice mayor Russell.
0.20 35.00
03/12/2003 EGG
Telephone conference with Mr. Dellagloria regarding pension
0.20 35.00
matters.
03/12/2003 EGG'
Prepared memorandum regarding city campaign practices:
2.70 472.50
03112/2003 MDS'
Attended Pre - Agenda Staff Meeting: Commission Chambers.
2.40 420.00
Reviewed memorandum dated March 7 2003 from Officer Valdes to
Acting City Manager. Left telephone message for PBA attorney Al
Milian in regards to memorandum. Telephone conference with PBA`
attorney Al Milian in regards to memorandum. Prepared letter to
Chief Watson concerning telephone conference with >PBA attorney
Al Milian.
03/13/2003 EGG
Prepared city report on agenda items.
0.60 105.00
03/13/2003 EGG
Reviewed and approved court reporter invoice for $3698 in
0.10 17.50
Benefield v.' CSM arbitration matter.
03/13/2003 MDS
Telephone conference with Mr. Milian in regards to Officer Valdes
0.40 70.00
grievance. Attempted telephone call with Chief Watson. Left
telephone message for Chief Watson. Telephone conference with
Chief Watson in regards to Officer Valdes grievance. Left follow up
message for Mr. Milian in regards to Officer Valdes grievance.
03/14/2003 EAB
Telephone conference with Mr. Balogun regarding Brandon' Lurie
0.30 52.50
ROW maintenance agreement issues; prepared e-mail to file
regarding final issues; land telephone conference with Matt Wilkens,
counsel for Mr. Lurie.
03/14/2003 EGG
Attention to Hampton v. CSM and telephone conference with comm'r.
0.50 87.50
Bethel and Mr. Youkilis regarding investigation of allegation of
retaliation against Hampton as a whistle blower.
03117/2003 EGG
i
Attention to email communications regarding various city matters.
0.30 52.50
03/17/2003 ' EGG'
Attention to identifying and correcting' erroneous designation of a
0.20 35.00
street in ordinance transferring jurisdiction over certain to MDC.
03118/2003 EGG
Reviewed release given by claimant in Matzner v. CSM and final
0.20 35.00
order of dismissal.'
03/18/2003 EGG
Prepared for and attended city 'comm'n. meeting; telephone
6.50 1,137.50
conferences with mayor Feliu, comm'rs. McCrea and Bethel.
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. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -001 Statement Number
Page: 3
03/19/2003
EAB Telephone conference with Mr. Matt Wilkens, counsel for South
0.30 52.50
Miami Apartments and with Mr. Balogun regarding ROW
maintenance agreement.
03/19/2003
EGG Attention to after- comm'n meeting action items.
0.60 105.00
03/19/2003
EGG ' Reviewed and approved invoice by Elliot Scherker, dated March 18,
0.30 52.50
2003, in the 'amount of $4,230.71; prepared resolution and
requisition approving same.
03/20/2003
EAB Telephone conference with Mr. Turk and attention to code
0.30 52.50
enforcement reconsideration request.
03/20/2003
MDS Reviewed letter from former Officer Barrio's attorney. Prepared letter
0.30 52.50
to former Officer Barrio's attorney concerning rebuttal of
investigation:
03/21/2003
EAB Attention to and analysis of professional; service agreement
0.30 52.50
addendum for Church Street project.
03/21/2003
EGG Attention to PUD approval for Mandelstam property.
0.30 52.50
03/21/2003
EGG Reviewed correspondence from Ms. Guttman, attorney for former
0.20 35.00
ofcr. Barrios, regarding request to change separation affidavit
provided to FDLE.
03/25/2003
EAB Attention to Bert J. Harris legislative amendments and support of
0.20 35.00
CMB;request to reject or veto amendments.
03/25/2003
EAB Telephone conference with Mr. George Knight, counsel for property
0.30 52.50
located at 6721 SW 62nd Court, South Miami, Florida regarding
reconsideration request and over $90,000.00 in code enforcement
liens.
03/25/2003
EGG Attention to proposed responsiveness guidelines.
0.10 17.50
03/26/2003
EAB Attention to certain' pending personnel matters, including Tabares.
0.30 52.50
03/2612003
EGG Telephone conferences with Mr. Tucker Gibbs, regarding threatened
0.50 87.50
action by Ms. Brodeur concerning Mandeistam private school
facilities, and with Mr. Lorber; email to comm'rs.
03/26/2003
EGG Attention to question regarding deletion of email records.
0.30 52.50
03/26/2003
EGG Attention to public records request for off -site parking agreements;
0.50 87.50
reviewed file and responded to Ms. Taylor.
03/26/2003
EGG Attention to responding to numerous emails; attended' meeting with
1.30 227.50
Ms. Boutsis on pending matters.
03/27/2003
EAB Attention to South Miami Apartments ROW maintenance agreement
0.20 35.00
terms, including s; pecial assessment lien priority and prepared e-mail
to Ajibola and Mr. Matt Wilkens, counsel for South Miami Apartments
regarding city attorney's position on contract terms.
03127/2003
EGG Briefed Mr, Figueredo on annexation financial issues; attention to
0.50 87.50
city lobbying strategy.
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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -001 Statement Number
Page: 4
03/27/2003
EGG Telephone conference with Mr. Youkilis regarding unionization
0.90
157.50
matters and defense of MRP lawsuit; telephone conference with Mr.
Stokes regarding representing city on new petition to certify
collective bargaining unit of supervisory employees.
03/2812003
EGG Attention to status of city attorney budget and email request for
0.20
35.00
assistance to Mr. Oshikoya
03/30/2003
LRF Reviewed agenda package for special city commission meeting
1.50
262.50
regarding Snapper Creek annexation.
03/31/2003
EAB- Attention to ROW maintenance agreement issues with Valencia
0.40
70.00
Apartments.
03/31/2003
LRF Reviewed file and attended special city commission meeting
4.40
770.00
regarding Snapper Creek annexation.
Total Professional Services
7,452.50
Fees Reduced Due to Retainer
- 7,452.50
Rate Summary
Eve A. Boutsis 3.10 Hours at 175.00/hr 542.50
Luis R. 5.90 Hours at 175.00/hr 1,032.50
Earl G. Gallop 30.00 Hours at 175.00 /hr 5,250.00
Jennifer M. 0.75 Hours at 20.00 /hr 15.00
Michael D. 3.50 Hours at 175.00 /hr 612.50
Total hours:' 43.25
Expenses
03/11/2003
Legal research
2.95
03/14/2003
Mileage
2.50
03/14/2003
Mileage
2.50
03/19/2003
Legal research
342.13
03119/2003
Recording Fee
37.50
03/31/2003
Membership - IMLA - May 2003 to May 2004 - Annual
240.00
Dues
03131/2003
Telefacsimile charge -
25600
-
03/3112003
Postage Charge
13.85
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 Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -001 Statement Number Page: 5
03/31/2003 Photocopies 951.25
03/31/2003 Mileage 3.00
For Professional Services 0.00
For Disbursements Incurred 1,851.68
Current Balance: 1,851..68
To be properly credited, please indicate Statement Number on your remittance check.
{
i
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
15% per month will be charged if payment is not received within 30 days.
yrc . .. s � ass °ss e, ., .. •,
i 1 4
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY_ OF
4 SOUTH MIAMI, FLORIDA EXPRESSING OPPOSITION TO SENATE
5 BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS
6 TO THE BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER
7 PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND
8 STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE
9 CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI
10 JUDICIAL RESPONSIBILITIES AND POWERS; TRANSMITTING THE
11 RESOLUTION TO THE PRESIDENT OF THE SENATE, SPEAKER OF
12 THE HOUSE AND GOVERNOR; PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the Bert J. Harris, Jr. Private Property Rights Protection Act ( "Harris Act "), as
15 codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to provide a limited remedy
16 for property owners when their property has been "inordinately burdened" by the action of a
17 governmental entity; and
18
19 WHEREAS, since its inception, numerous commentators and governments alike have
20 expressed concern that the Harris Act is impermissibly vague, fraught with various problems in its
r 21 application and interpretation, and has had a chilling effect upon numerous governments in their
22 planning and zoning activities; and
23
24 WHEREAS, in the eight years since the enactment of the Harris Act, there have been over
25 258 claims asserted against local governments in Florida; and
26
27 WHEREAS, despite its various constitutional infirmities relating to, inter alia, its failure to
28 define "inordinate burden" and "reasonable, investment- backed expectations;" the automatic
29 ripeness provisions that appear to violate separation of powers doctrine; and the uncertainties
30 inherent in its attempt to create a statute of limitations period; the Act nonetheless provided in clear
31 language that it does "not affect the sovereign immunity of government"; and
32
33 WHEREAS, on July '18, 2002, a case affectin one of the ` cities of Florida, namely Royal
34 World Metropolitan, Inc. v. City of Miami Beach, l It Judicial Court Case No. 99 -17243 (Royal
35 World), resulted in a favorable summary judgment for the City which determined that the doctrine
36 of sovereign immunity` protects the City from liability for damages under the Harris Act and said
37 case has been ;appealed and is pending in the Third District' Court of Appeal as of the
38 commencement of the 2003 Session of the Florida Legislature; and
39
40 WHEREAS, the legislation proposed via Senate Bill 1164 and House Bill 113, if
41 constitutional, in part seeks to nullify the effect of the Royal World decision and adversely affect the
42 ad valorem taxpaying public of Florida in as many as 258 other claims pending statewide, by not
43 only amending the Harris Act to provide for a total waiver of sovereign immunity for government,
44 but providing that such waiver is retroactive to May 11, 1995; and
45
46 WHEREAS, the economic impact of amending the Harris Act as proposed and making it
47 retroactive for eight (8) years would be devastating for the State and for local governments
48 statewide; and
�k...�
1
2 WHEREAS, for example, the potential economic effect of eliminating sovereign immunity
3 in the City of Miami Beach is reflected by the amounts claimed in its pending eight Harris Act cases
4 which total $24,817,750, exclusive of interest, attorney's fees, and court costs; and
5
6 WHEREAS, the amendments proposed in Senate Bill 1164 and House Bill 113 seek to
7 interfere with the pending judicial process in the Royal World case, as well as in numerous': other
8 cases pending before various courts in the State of Florida; and
9
10 WHEREAS, that portion of the proposed legislation which seeks to abolish sovereign
11 immunity protection retroactive to May, 1995, if enacted, and determined to be constitutional,
12 would frustrate as much as eight years of litigation throughout the State (5 years in the City of
13 Miami Beach alone), the expenditures of inordinate amounts of public and private funds for
14 attorneys' and appraisers' fees and court costs, and potentially would setoff a brand new round of
15 litigation between the public and private sectors; and
16
17 WHEREAS, the gross inequity of such a result is exacerbated when it is realized that the
18 actual value of the properties which are subject to pending claims have increased, in many cases in
19 exponential proportion in excess of their respective actual values since May, 1995, thereby creating
20 the possibility for unjustly enriching the respective owners far beyond any investment - backed
21 expectations; and
22
23 WHEREAS, of greater or equal impact, the proposed amendments, if enacted, will
24 seriously impair local governments in their efforts to comply with State- mandated requirements in
25 such areas as growth management, comprehensive planning, concurrency, protection of fragile,
26 environmentally sensitive areas such as wetlands, beachfronts and forestlands, concern with
27 carrying capacity, and many other quality of life' concerns; and
28
29 WHEREAS, during the century and one half of Florida's existence, a comprehensive body
30 of law has developed through Court interpretation of the State and Federal Constitutions and
31 legislative enactment which has defined "takings'' and the power and cost to the public incident to
32 the exercise of eminent domain, all of which have amply protected and amply protect private
33 ownership interests against the necessary as well as the arbitrary and capricious' action of state and
34 local governments.
35
36 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
{ 37 THE CITY OF SOUTH MIAMI FLORIDA that:
38
39 Section 1. The aforegoing recitations are adopted in their entirety.
40
41 Section 2. The City of South Miami opposes the enactment of Senate Bill' 1164 and House Bill
42 113 which set forth amendments to the Harris Act and further opposes any and all other proposed
43 legislative enactments which would subject State and local governments to further liability for the
' 44 constitutional exercise of their legislative and quasi-judicial responsibilities and powers.
45
46 Section 3. The Clerk is directed to provide certified copies of this Resolution to the President
47 of the Senate, Speaker of the House, and the Governor.
48
I
Section 4. This Resolution shall become effective upon adoption.
2
3
4
PASSED and ADOPTED this
day of , 2003.
5
6
7
APPROVED
8
9
ATTEST
10
Horace G. Feliu
11
Mayor
12
COMMISSION VOTE:
13
Ronetta Taylor, CMC
Mayor Feliu:
14
City Clerk
Vice Mayor Russell:
15
Commissioner Wiscombe
16
Commissioner McCrea:
17
APPROVED AS TO FORM
Commissioner Bethel:'
18
19
20
21
City Attorney
22
I
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 LITIGATION; AUTHORIZING CONTRACT WITH KURZBAN,
7 KURZBAN WEINGER & TETZELI, P.A. TO DEFEND
8 LAWSUIT BY MARK RICHMAN PROPERTIES, INC.;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, Mark Richman Properties, Inc. initiated litigation against the
13 City of South Miami in which it seeks specific performance under a lease
14 agreement and, or, $4.5 million in damages for an alleged breach of contract
15 pertaining to the proposed development of the SW 73 Street parking lot; and;
16
17 WHEREAS, the city attorney believes that it is in the best interest of the
18 city to retain special counsel to defend the litigation and has secured the services
19 of Mr. Steven M. Weinger of the law firm of Kurzban, Kurzban, Weinger &
20 Tetzeli, P.A..
21
22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
24
25 Section 1. The engagement letter, dated April 9, 2003, providing for
26 retaining Mr. Steven M. Weinger of the law firm of Kurzban, Kurzban, Weinger
27 & Tetzeli, P.A. is approved. The engagement letter is annexed to this resolution as
28 exhibit A.
29
30 Section 2. This resolution shall take effect immediately upon approval.
31
32 PASSED AND ADOPTED this 15th day of April, 2003
33
34 ATTEST: APPROVED:
35
36
37 CITY CLERK MAYOR
38
39
40
41
42
Page' 1 of 2
Additions shown by underlining and deletions shown by eve it tg
Via. �: F,•:.'; rf'",+ '" ,"�.":."�;...F> :±* - �°,.;'µ!z r, r�,^, -., „f .tai: ,, rr. .afr., s .,�'I^'° .. ^m-.� �N-.�r: ^5".^-m- t- ^„.;.� . rc. ,;,
LAW OFFICES OF
KURZBAN KURZBAN WEINGER AND TETZEL19 P.A.
PLAZA 2650 TELEPHONE (305) 444- 0060
2650 S.W. 27'x' AVENUE TELECOPIER
SECOND FLOOR (305) 444 -3503
MIAMI, FLORIDA 33133
April 9, 2003
Via Facsimile and Regular Mail
Earl E. Gallop, Esq.
Nagin Gallop Figuerede, P.A.
3225 Aviation Avenue
Suite 301
Miami, FL 33133
Dear Earl:
It was a pleasure speaking with you this morning; regarding our representation of the City
of South Miami in regard to a lawsuit which was recently filed against the City. As a courtesy,
and in accordance with our conversation, we are willing to reduce our standard hourly rates to
assist the City in this matter.
Our firm will represent the City for a blended rate of $250.00 per hour. This means that
my time will be billed at $250.00 per hour, substantially below my standard hourly rate.
However, all other attorneys in the office who assist in the case will also be billed at this rate. I
will be personally handling this piece of litigation with assistance from my partners and
associates in the firm.
Invoices for professional fees, costs and expenses shall be rendered on a' monthly basis.
We are not requiring a retainer from the City of South Miami and note that there is no conflict of
interest in our representation of the City in this matter.
If you have any questions, please feel free to contact me.
Sincerely,
f eve AN KURZBAN WEINGER and TETZELI, P.A.
W nger
SMW /vfc
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT, IN AND
FOR MIAMI -DADE COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 03 -07058 (CA24)
MARK RICHMAN PROPERTIES,
INC.,
Plaintiff,
VS.
CITY OF SOUTH MIAMI,
Defendant.
COMPLAINT
Plaintiff, Mark Kichman Properties, Inc., sues defendant, the City of South
Miami, and states:
1, Mark Richman Properties, Inc. 1"MRY" ), is a Florida corporation
having its principal place of business in Miaini -Dade County, Florida.
2. The City of South Miami ( "South Miami ") is a Florida municipal
corporation.
3. On or about March 5 2002, MRP, as tenant, and South Miami, as
landlord entered into the Lease Agreement, a true and correct copy of which is
,
annexed as Exhibit A (exclusive of certain exhibits to the lease which are in South
Miami's possession and are omitted because of their bulk)-
3Jdd •`Wd9 4 Z BO -9Z - 011W `• 8 E9E9950E IRVIW Him J0 AII0 � A9 -IN91'
", =rris+ .x'ti°�k:, _' ;'.�"(:^ .aiTn - ?,^+ P�",.1' .. 5 £, T'. M"C, "",5L y@:»,•'w"`3. ."94'�'_,'Fcmao- . F; .,:,?'a".'i' .
b
4. All conditions precedent to the relief demanded harPin hAVP, occurred
or have been performed, waived or otherwise excused.
COUNT
SPECIFIC PERFORMANCE
5. MRP re- alleges as if fully set forth the allegations of paragraphs 1 4
above.
6. MRP has fully and diligently performed its obligations under the Lease
Agreement and remains ready, willing and able to further perform.
7. On December; 17, 2002, the South Miami City Commission voted not to
continue with the project contemplated by the Lease Agreement. South Miami's
architect and construction manager thereafter were instructed not to proceed with
the project and they, in fact, have ceased performing their duties for South Miami
necessary to South Miami's performance of the Lease Agreement. These actions
constitute a repudiation by the City of South Miami of its obligations under the
Lease Agreement and a material breach thereof.
8. On February 6, 2003, MRP, through its counsel, delivered to the City
of South Miami by certified mail, return receipt; requested, the demand letter, a true
and correct copy of which is annexed as Exhibit B. South Miami has failed and
refused to respond.
g. As a I consequence of South Miami's repudiation of the Lease
Agreement, MRP will suffer incidental damages in excess of $33,000 per month for
Z
EO -9Z - ddW uVemosoE IWdIW H1t10S j0 A1I0 AB 1N3
-T;'^ar+.- -rz.,, .s.. .,mca -±�¢ �i'"a.'n,;. j';kT"� •fix,._ , '�`';r '-r' 'frGa g+'�,ti; �.�ca�°'""'t ,"s'., �".''v-.3' '^^^a. `,�. m.�z Tr2'r-sc�?. r ,r. :
each month performance is delayed, which damages will exist even if a decree of
specific performance is rendered.
WHEREFORE, MRP demands a judgment requiring the City of South Miami
to specifically perform the Lease Agreement, for its incidental damages and for such
other and further relief as may be appropriate.
COUNT II
BREACH OF CONTRACT
10. MRP re- alleges, as if fully set forth, the allegations of paragraph 1 - 4
and 6 — 8 above.
11. By reason of 'South Miami's material breach of the Lease Agreement,
MRP has been damaged in an amount exceeding $4.5 million.
WHEREFORE, MRP demands judgment for damages exceeding $15,000, -for
its costs and for such other and further relief as may appropriate.
HOLLAND & KNIGHT LLP
Attorneys for Plaintiff
701 Brickell Avenue
Suite 3000
Miami, Florida 33131
Tel: 305- 374 -8500
Fax: 305 -789 -7799
-y
J4 es D. Wing
Flo Vida Bar No. 195537
MTA1 #1209178 v]
3
9 /9 3Jbd `• RdL E : Z E EO -W - UVR ' IRVIW Hif1 S jo Aiio :AU 1N35
n'ik2,�i"'T
a 'Y„^,. r °,'o .R. 1`s7 gv Yh Ra^^� any°. v'"°, y' r�it" 997
-----------
Formatted
1
RESOLUTION NO.
2
3
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4
OF THE -CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5
CITY MANAGER, CITY ATTORNEY AND CITY CLERK;
6
ESTABLISHING GUIDELINES FOR EFFECTIVE
7
COMMUNICATION WITH ELECTED OFFICIALS;
8
PROVIDING AN EFFECTIVE DATE.
9
10
WHEREAS, the - Mayor > and City Commission of the City of South Miami
1 I
recognize that effective communication is essential to good government; and
12
13
WHEREAS, the Mayor and City Commission desire to establish guidelines to
14
ensure effective communication from the City Manager, City Attorney and City Clerk to
15
the City Commission; and
16
17
WHEREAS, the City Manager, City Attorney and City Clerk are urged to adopt
18
similar standards city-wide to ensure consistency and accountability.
19
20
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
21
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
22
23
Section 1. That there is hereby established guidelines for effective communication
24
between the City Manager, City Attorney and City Clerk with the elected officials as
25
follows:
26
27
1. "Staff," for the purposes of this resolution, shall mean the City Manager, City
28
Attorney and City Clerk:
29
2. Members of the commission shall state clear direction or inquiry in writing
30
whenever practicable, Members of the commission shall be mindful that policy direction
31
comes only from the body as a whole and spare staff the discomfort of having to
32
confront direction that is out of order -
Deleted:, so much as is practicable.
33
3. In any direction or inquiry, members of the commission shall include a time
34
frame for staff response ° if that time frame differs from the general guidelines stated
35
herein.
36
4 Commission direction or inquiry; shall be acknowledged at once by the staff
37
I member(s) to whom it is directed, in writings
Deleted: whomever practicable.
38
5. Any problem with fulfillment of direction, inquiry, or time frame shall be reported
39
by staff, in writing -, to the originating' member(s) of the commission as soon as the
40
problem is identified by staff. The report shall, for the purposes of this resolution, be
41
referred to as a Request for Clarification (RFC). The RFC shall, to the greatest extent
42
possible, provide rationale and alternate solution, best attempting to fulfill the task.
Additions shown by underlinine and deletions shown by ever-striking.
�, -,
1 6. Members of the commission shall make timely reply to RFC's, acknowledging the
2 intent of this resolution fails without their active cooperation.
3 7. The following shall be the general; guidelines for responsiveness applicable to all
4 commission direction or inquiry unless stated otherwise as per No. 3. above: a) Time is
5 of the essence. All parties shall be mindful that attention to prompt follow -up is essential
6 to good,goveniment. b) Emergency direction or inquiry shall be answered immediately.
7 c. Simple direction or inquiry shall be answered no more than two business days after
8 being received. d) Complex direction or inquiry shall be answered no more than seven
9 business days after being received., (See No. 5. above)
10 8 Staff's failure to follow these guidelines shall constitute sub- standard job
II performance.
12 9 The City Clerk shall provide a copy of these ,guidelines to all new staff and
13 commission members. The City Manager shall; provide a copy of these guidelines to a
14 new City Clerk.
15
16 Section 2. This resolution shall take effect immediately upon approval. "
17
18
19 PASSED AND ADOPTED this day of , 2003.
20
2
22 ATTEST: APPROVED:
23
24
25 CITY CLERK MAYOR
26
27 Commission Vote:
28 READ AND APPROVED AS TO FORM: Mayor Feliu:
29 Vice Mayor Russell:
30 Commissioner Wiseombe:
31 CITY ATTORNEY Commissioner Bethel:
32 Commissioner McCrea:
33
Page 2 of 2
r.. � . ;:. , ;:"�" r.?� .rm��-�.,�^�a -^^ ter, ;F.=sr... ,.,.,... � _,,;= -�r=� . ray � .- ,�., � r -a-?�. fi.,. r� , "�'� ,�:r -� r..=•,� ,^�`� �u�-e,._ �z=,� ��; °�`.';�t:.'.. -- "'�4 ..
South Miami
$ SOUTI�
F
CITY OF SOUTH MIAMI
"CORPORATEU • Excellence, Integrity, . Inclusion
1927 '.P
O R110 2001
TO: Honorable Mayor, Vice Mayor DATE: April 15, 2003
& City Commission
FROM: Sanford A. Youkilis ITEM No.
Acting 'City Manager RE: Authorization to hire Permit
Coordinator
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003
FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO
HIRE ONE POSITION FOR THE PURPOSE OF FILLING A VACANCY;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The City Commission had directed the City Manger to freeze all positions that were considered non-
critical life saving` personnel. Any request to hire for new positions, had to be approved by the City
Commission. A Permit Coordinator position has become vacant in the Building Department due to an internal
transfer /promotion to the Code Enforcement Division. The Permit Coordinator is an essential position that
must be filled.
RECOMMENDATION
Approval is recommended.
attachments
1. Draft Resolution:
2. Resolution no. 103 -01- 11251.
SAY1je
1 RESOLUTION NO,
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -
5 2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER
6 TO FILL `A RECENTLY VACATED POSITION, PERMIT
7 COORDINATOR, NOTHWITHSTANDING THE CURRENT
8 HIRING FREEZE; PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, the City Commission had directed the City Manager to place a hiring freeze on all non
11 critical life saving positions due to current revenue conditions (Resolution no. 103- 01- 11251); and
12 WHEREAS, any requests to hire new employees must be authorized by the City Commission; and
13 WHEREAS, staffing is below minimum levels which makes it critical to staff for this position; and
14 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
15 THE CITY OF SOUTH MIAMI, FLORIDA:
16 SECTION 1.That the City Manager is hereby ,authorized to fill the following position:
17 a. Permit Coordinator (effective immediately).
18 SECTION 2.
19 This Resolution shall take effect immediately upon approval.
20 PASSED AND ADOPTED THIS DAY OF 12003.
21 APPROVED:
PAI
23 MAYOR
24 ATTEST:
25
26 CITY CLERK
27
28 READ AND APPROVED AS TO FORM: Commission Vote:
29 Mayor Horace G. Feliu
30 Vice Mayor Mary Scott Russell
31 CITY ATTORNEY Commissioner David D. Bethel
32 Commissioner Dan McCrea
33 Commissioner Randy G. Wiscombe
34
35
36
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002-
2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER
TO FILL A RECENTLY VACATED POSITION, PERMIT
COORDINATOR, NOTHWITHSTANDING THE CURRENT
HIRING FREEZE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission had directed the City Manager to place a hiring freeze on all non-
critical life saving positions due to current revenue conditions (Resolution no. 103 -01- 11251); and
WHEREAS, any requests to hire new employees must be authorized by the City Commission; and
WHEREAS, staffing is below minimum levels which makes it critical to staff for this position; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA':
SECTION' 1.That the City Manager is hereby authorized to fill the following position:
a. Permit Coordinator (effective immediately):
SECTION 2.
This Resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS DAY OF 52003.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM: Commission Vote:
Mayor Horace G. Feliu
Vice Mayor Mary Scott Russell
CITY ATTORNEY Commissioner David D. Bethel
Commissioner Dan McCrea
Commissioner Randy G. Wiscombe
W.
8
Y
RESOLUTION NO. 103 -01 -11251
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND
NEXT FISCAL YEAR BUDGETS DIRECTING THE CITY MANAGER
TO FREEZE HIRING OF NON- CRITICAL LIFE SAVING NE
EMPLOYEES UNTIL T14E CITY REVENUE CONDITIONS IMPROVE'
SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager recently informed the City Commission of the
potential shortfall in our revenue due to reduction in property assessment for the Shops"
At Sunset Place; and
WHEREAS, the City is using $600,000.00 from its cash reserve to balance the
current fiscal year's budget; and
WHEREAS, the City Commission wants to be proactive in terms of budget
deficits -by minimizing the actual amount of cash reserve used by the City in the current
and next, fiscal years.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is hereby directed to freeze hiring of non._
critical life saving _- employees in the current and next fiscal years, or until the City
revenue' conditions improve significantly.
Section 2. The City Manager is hereby directed not to hire any new non critical
life sp3dgg employees without the proper authorization of the City Commission.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 24h day of July, 2001.
ATTEST: APPROVED:
CI Y CLERK MAYOR
Commission Vote: 5 -0
READ AND APPROVED AS TO FORM Mayor Robaina: Yea
Vice Mayor Feliu: Yea
Commissioner Wiscombe: Yea
CITY ATTORNEY Commissioner Bethel: Yea
(as amended 7/24/01) Commissioner Russell: Yea
Additions shown by underlining and deletions shown by event g.
�o
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, RELATING TO LEGISLATIVE (LOBBYING):
6 SERVICES; RESCINDING RESOLUTION NO. 197 -03- 11546,
7' ADOPTED DECEMBER 17,: 2003, WHICH APPROVED
8 FUNDING IN AN AMOUNT NOT TO EXCEED $42,000.00
9 FOR THE FIRM OF GOMEZ BARKER AND $42,000.00 FOR
10 THE FIRM OF RONALD L. BOOK, P.A.; PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City Commission, at its December 17 2002 City
14 Commission meeting adopted Resolution No. 197 -03- 11546, which authorized the
15 extensions of contracts with selected lobbyist firms; and
16
17 WHEREAS, due to the budgetary restraints the Mayor and City
18 Commission wish to discontinue lobbying contract with Ronald L. Book, P.A.,
19 effective April 30 2003.
20
21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
23
24 Section 1. That resolution No. 197 -03 -11546 is hereby repealed in its
25 entirety.
26
27 Section 2. This resolution shall take effect April 30, 2003:
28
29 PASSED AND ADOPTED this day of 2003.
30
31 ATTEST: APPROVED:
32
33'
34 CITY CLERK MAYOR
35
36 Commission Vote:
37 READ AND APPROVED AS TO FORM: Mayor Feliu:
38 Vice Mayor Russell:
39 Commissioner Wiscombe
40 CITY ATTORNEY Commissioner Bethel:
41 Commissioner McCrea:
42
Additions shown by underlining and deletions shown by everstr-iking.
M7
RESOLUTION NO. 197-02-11546
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING)
SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED
$42,000.00 FOR THE FIRM OF GOMEZ BARKER & $42,000.00 FOR THE FIRM OF
RONALD L. BOOK, P.A.; FROM ACCOUNT " NUMBER '001- 1315 -513- 3450,
CONTRACTUAL SERVICES
WHEREAS, the City of South Miami has established an Office of Intergovernmental Affairs with
the purpose of securing appropriations and funding from the State of Florida; and
WHEREAS, the use of professional lobbying services is essential to the success of this Office;
and
WHEREAS, the City advertised: and competitively solicited for these services through RFPNo,
SLS- 83198; and
WHEREAS, that RFP allows for extensions of the contracts with the selected firms; and
WHEREAS, the current Lobbyist firms engaged by the City have performed in an exemplary
manner.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI:
Section 1. The City Commission- hereby authorizes the City Manager to enter into a
Professional Services Agreement for Legislative (Lobbying) Services with firm of Gomez Barker
Associates & the firm of Ronald L. Book, P.A. in an amount not to exceed $42,000.00 for each firm from
Account # 001 - 1315 - 513 - 3450, Contractual Services, for FY 2002 -2003 services.
Section 2. This resolution shall take effect immediately upon approval:
PASSED AND ADOPTED this 17th day of December , 2002.
ATTEST: APPROVED:
CITY CLERK A OR
Commissio ote 5 -0
READ AND APPROVED AS TO FORM: _ Mayor Feliu: Yea
Vice Mayor Russell: Yea
Commissioner Bethel: Yea
Commissioner McCrea: Yea
Commissioner Wiscombe: Yea
CITY ATTORNEY
c?,�
SOUr�
F
V �+
'INCORPORATED
1927.. -
ORt��
Excellence, Integrity, Inclusion
To: Mayor and Commission Date: December 11, 2002
From: Charles Scurr Agenda Item # 13
City Manager Commission, Meeting 12/17/02
Extension of Contractual Services
Agreements for Legislative (Lobbying)
Services
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING)
SERVICES; APPROVING FUNDING IN AN - AMOUNT NOT TO EXCEED
$42,000.00 FOR THE FIRM OF GOMEZ BARKER &`$42,000.00 FOR THE FIRM OF
RONALD L. BOOK, P.A.; FROM ACCOUNT NUMBER 001 -1315 -513 -3450,
CONTRACTUAL SERVICES
BACKGROUND AND ANALYSIS
The City of South Miami, for the past three years, has retained the services of Fausto Gomez and
Ron Book for the _provision of Legislative (Lobbying) Services. These lobbyists were
competitively selected under RFP SLS- 83198.
This team has performed in an exemplary manner and, with the support and guidance of the City
Commission, achieved unprecedented levels of funding from the State of Florida. Their services
have secured multimillions in appropriations for the City of South Miami for a number of
projects, including potable water, infrastructure upgrades, drainage improvements and parks.
The City has developed an equally ambitious program for the upcoming 2003 Legislative
Session. The use of professional lobbyists is essential for the success of this effort. The City is
fortunate to have two of the "Deans" of the lobbying profession and their continued retained is
vital to the City's best interests.
The amount recommended was approved in the FY 2002 -03 Budget. This is the same level of
funding as in 2002. Funding will come from account 01 -1315 -513 =3450.
RECOMMENDATION
Your approval. is recommended.
Sent By., RONALD L BOOK PA; 3059359737; Dec -11 -02 4:18PM; Page 1/1
Ronald 1, Book, P. R.
lRW OEEI(ES
PROffSf10081 RSSO(181(00
December 11, 2002
Sent via lelecopier and U.S. Mail for 3U5- 663 -6345
Mr. Charles Scurr
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Charles:
This will confirm my firm's commitment to extend our contract for the representation of the City
of South Miami to handle matters in Tallahassee and Washington, D.C. Through this
engagement, we are going to be associating with Vierra and Associates with respect to the
Washington, D.C. work.
The point person in my office for all Washington, D.C. issues will be Mr. Jeff Mel l, former Chief
of Staff for Congressman Bill Lehman and Congresswoman Carrie Meek. Mr. Denny Vierra, of
the Vierra group, will be the point person- from the Vierra and Associates firm in Washington,`
D.C. We agree to work on all strategic planning, for projects within the City,. hopefully leading
to appropriation projects from Congress. On Tallahassee work, I will be the point person for all
matters.
In exchange for this representation, the City agrees to compensate my firm with a monthly
retainer of $3,500.00 for Tallahassee matters, and an additional $3,500.00 per month retainer for
the Washington, D.C. matters.
Assuming this meets with our mutual understanding, please sign and return this letter to me for
my record - keeping.
Looking forward to many continued successes on behalf of your City and appreciating this
expanded opportunity.
Sinc ly CITY' OF SOUTH M1.AM1
Rona . Book' By'
Charles Scurr, City Manager
RLB:jpm
fonrorde (enter 2 - 2999 Oortheait 19, Street, PH 6 - Nieotura, f lorib 33i8o -Telephone (3o5) 935466 -fax (305) 935-9731
fot (all (olleye Owenue, Suite Sot allahaftee, f lorida 32301 (8501A -2859
Statement of Capabilities
presented by
Vierra Associates
to the
City of South Miami
INTRODUCTION
Vierra Associates, a Washington -based government relations consulting firm, was formed in
1983 to represent clients with the Congress, the Federal Executive Branch, and other groups
with whom clients may have common issues and goals. Mr. Dennis C. Vierra, a' Portuguese
American,. is the sole principal and majority stockholder of the firm. Vierra Associates is
headquartered at 1825'I Street, N.W., Washington, D.C. and is incorporated in the
Commonwealth of Virginia.
Vierra Associates proposes to assist the City of South Miami by offering the services of a
bipartisan professional with:
* In -depth knowledge of urban issues (including a Master of Arts degree in Urban
and Regional Planning);
* Well- established working relationships with the Congressional committees having
jurisdiction over authorization and appropriation legislation important to the City;
* 'Well- established working - relationships with the Florida Congressional delegation;
* A keen understanding of Congressional procedures and processes;
* A quantifiable record of success in securing authorization and appropriations
provisions for clients in excess of $4 billion;
Strong technical background and capabilities' in addressing the requirements of
Federal -aid grants programs; and,
* Well- established working relationships with Federal agencies with stewardship of
programs important to the City.
This is a critical time for Federal domestic discretionary programs, with increasingly fierce
competition for limited funding, and greater political and technical scrutiny of projects by the
Congress and the Executive Branch. Furthermore, the start of 2001 provides new challenges
with'the advent of a new presidential administration following the inauguration of Mr.
George W. Bush; the appointment of new Cabinet Secretaries and senior Executive Branch
officials; and extensive changes to the leadership of the Congressional appropriating and
authorizing committees. Promoting and protecting the interests of the City of South Miami
requires the development of a strategic plan supported by a Washington -based consultant that
will provide the City with an ongoing and active presence, in -depth substantive and
procedural knowledge, and well - established bureaucratic and bi- partisan political
relationships. This document provides an overview of the experience, qualifications, and prior
accomplishments of Vierra Associates as they relate to our proposal to develop and
implement a strategic plan to advance the Federal agenda of the City of South Miami..
Oualications of Vierra Associates
Mr. Dennis C. Vierra, principal of Vierra Associates, has nearly two decades of continuous
service in providing public and private sector clients with strategic ,advice that comes from
applying the perspectives gained through broad experience in (1) working with clients to
assess their legislative interests and developing a customized legislative strategy to pursue a
client's Federal agenda; (2) maintaining effective relations with the Congress, officials of the
Executive Branch, and career civil service people in the Federal agencies; (35 securing
appropriation and authorization provisions in Congressional bills and reports to advance
client Federal agendas; and (4) providing technical assistance necessary to successfully
pursue and secure Federal approval and support for the projects advanced by clients.
The qualifications and experiences offered by Vierra Associates put the firm in the unique
position of knowing the programs, issues, legislative process, :relevant Federal law,
institutional practices, and Congressional and Executive Branch personalities critical to the
successful' outcome of the Federal agenda of the City of South Miami. Mr. Vierra would
draw upon these qualifications and experiences to work as part of a team with officials of the
City of South Miami to develop and implement a customized strategic plan for the City's
Federal agenda based on his assessment of the City's interests and strengths. In addition to
assisting the City in developing the strategic plan, Mr. Vierra would provide advocacy,
information/reporting /assessment, monitoring and tracking, relationship building, and issue
support services to assist the City in its implementation of the strategic plan.
The philosophy of Vierra Associates is one of a partnership with its clients. Vierra
Associates strives to work as a member of a seamless team with its clients, providing them
with strategic planning and follow -up to develop and deliver the client's message with an
effective level of visibility and effectiveness in Washington in a bi- partisan manner to the
Legislative and Executive Branches of the Federal Government.
Services Offered by Vierra Associates
* Strategic Guidance developed to optimize the ability of the City of South Miami
to achieve its Federal agenda. Vierra Associates is well experienced in developing
effective lobbying strategies and implementing client legislative agendas. Such
strategic', guidance assesses client needs; the competitive environment of client
interests within the state Congressional delegation, the Congressional committees of
jurisdiction and the discretionary funding programs administered by agencies within
the Executive Branch; past effectiveness of various advocacy strategies and tactics;
and countless other factors. Vierra Associates has a strong track record in assisting
clients in developing a carefully constructed work plan designed to optimize all
available resources and opportunities to promote and protect client interests. In
order to keep a client's strategy on- target, Vierra Associates works with the client to
maintain overall focus on the strategic plan as well as to periodically reassess the
viability and effectiveness of the overall strategy to ensure the optimal use of all
resources and efforts expended in pursuit of a client's Federal agenda.
P ,-+ ,�...
* Congressional Liaison targeted to the appropriations and authorizing committees
and the Florida Congressional delegation (note that Mr. Vierra has worked
successfully with Members of the Florida Congressional delegation in his
representation of various public and private sector Florida entities since 1983).
* Executive Branch Liaison targeted to Federal agencies charged with the
stewardship of Federal programs of interest to the City of South Miami.; to the
Office of the President (particularly to Mr. Andrew Card - Chief of Staff of the
Bush White House and former Secretary of Transportation); and to the Office of
Management and Budget (particularly to Mr. Mitchell Daniels, Jr., - OMB Director
for the new Bush Administration and former colleague of Mr. Vierra on the Senate
Banking Committee).
* Technical Assistance, as necessary, to assist the grantsmanship and related efforts
to secure funding and to implement projects identified iri the City's Federal agenda.
Vierra Associates also offers clients technical assistance to implement the strategic
plan developed for the client, to include the drafting of written and oral statements
for submittal to Congressional committees, Congressional bill and report language,
floor statements and Congressional correspondence used by Members, staff and
committees to advance client agendas with officials of Federal agencies in the
Executive Branch as well as the mobilization and deployment of grassroots and
community stakeholder support for client agendas.
* Other Liaison Activities to include interaction with the State of Florida-
Washington Office and Washington representatives of other Florida municipalities,
as appropriate, as well as with Washington -based organizations including the
National League of Cities and other public interest groups with which the City of
South Miami may share common interests.
* Information/Reporting Services to include the timely reporting of Congressional
and Executive Branch events, actions and opportunities; analyzing anticipated
resulting impacts on the interests of the City and its Federal` agenda; and
recommending actions that the City and its Congressional delegation might take to
best protect and promote the City's interests.
A Compelling Record of Success
Vierra Associates has established a compelling record of success in providing strategic
planning and government relations services to clients, and in securing Federal funding and
project grant approvals, both directly from the Congress and through discretionary and
competitive grant programs in the Executive Branch departments and agencies. In terms of
appropriations and authorizations, Vierra Associates has assisted clients in developing and
implementing strategic plans for pursuing their Federal agendas that have resulted in securing
over $4 billion in provisions for clients. Innovative and creative approaches to meeting client
needs have resulted in concrete benefits through increased funding, recognition and access.
Cost Proposal
Vierra Associates proposes to provide the services generally outlined per this presentation for
a one year fixed fee sum of $36,000.00, subject to negotiation with the City of South Miami.
Additional costs may be incurred based on written directives, issued to Vierra Associates by a
designated official of the City of South Miami, providing the advance authorization of such
costs and commitment for full reimbursement of such costs by the City of South Miami.
Conclusion
Vierra Associates believes that the range of skills, intimate knowledge of the Federal policy,
program and funding processes, and the bipartisan access to the Legislative and Executive
Branches of the Federal Government offered by its principal, Mr. Dennis C. Vierra, will
quickly prove to be assets to the City of South Miami. Vierra Associates stands'.ready to
assist the City; we are confident we can deliver effective and cost - efficient strategic planning
and implementation services that will advance the City's Federal agenda within the
Legislative and Executive Branches of the Federal Government. Vierra Associates provides
solid expertise and awareness as a result of our working knowledge and personal relationships
with the Members and staff of both bodies of Congress and key Executive Branch officials.
We have a consistent and proven track record of accessing the key decision- makers of both
the Congress and the Executive Branch, informing them of client issues, and effectively
advocating policy issues and program funding decisions with regard to client interests.
We appreciate the opportunity to present our qualifications and look forward to the
opportunity to further discuss how we can work together to develop a strategic plan to define
and advance the Federal agenda of the City of South Miami with the Congress, the Bush
Administration, and the agencies of the Executive Branch.
. � ,,. .`, ,m-^._e,...: -R .o --11 —.- 11 1 . xi:: :r'4 '';. ,"4':' r a ,Y-m,, — s- ^mar; a — , .fir r'� ?, ';F' :.3e5:: ??- ^,a"7 =. 'T�1 I I„ ; r1 , F� FRT.- a _ .,, I'll
DENNIS C. VIERRA -
Education
University of Iowa. Master of Arts degree in Urban and Regional Planning. 1973
University of Wisconsin. Bachelor of Arts degree in Economics, 1969.
Professional Experience
Government Relations Consultant (1983- present). Vierra Associates, Inc., Washington, D.C. President
of a Washington -based firm providing government relations services to public and private sector clients
to represent their interests with the Legislative and Executive Branches of the Federal Government.
Congressional Fellow (1981- 1983). United States Senate, Washington, D.C. Served as Special
Advisor under the Congressional Fellow Program of the American Political Science Association with
the office of Senator Alfonse D'Amato while on a sabbatical from the Urban Mass Transportation
Administration.
Transportation Representative (1980- 1981), Community Planner (1979-1980), Planning Representative
(1977- 1979). Urban Mass! Transportation Administration, Washington, D.C. Headquarters'' liaison for
the development, coordination, management and evaluation of grants assistance activities (particularly
for rapid rail, light rail, major bus and commuter rail projects), in assigned geographic regions.
Public Transportation Planner (1975- 1977). Wisconsin Department of Transportation, Madison,
Wisconsin. Coordinator of statewide study of transportation for the elderly and the handicapped.
Provided ,technical assistance/liaison throughout the state on general transportation and
elderly/handicapped issues to metropolitan planning organizations, transit planning /operating agencies,
legislative and citizens groups
Transportation Coordinator (1974 - 1975). Indian Nations Council of Governments, Tulsa, Oklahoma.
Directed transportation planning element' of metropolitan planning organization, including the multi -
modal Tulsa Metropolitan Area Transportation Study.
Planner (1973 - 1974). Indian Nations Council of Governments, Tulsa, Oklahoma. Directed mass
transportation planning element of the Tulsa Metropolitan Area Transportation . Study.
References
The Honorable Ileana Ros- Lehtinen The Honorable Carrie Meek
U. S. House of Representatives U. S. House of Representatives
Washington, D.C. 20515 Washington, D.C. 20515
(202) 225 -3931 (202) 225 -4506
The Honorable Norman Y.'Mineta,;Secretary Mr. John T. Blazey, II
U.S. Department of Transportation Committee on Appropriations
Seventh Street, S.W. House of Representatives
Washington, D.C. 20590 Washington, DC 20515
(202) 366 -2222 (202) 225 -2771
/ Tr'AC -v 7
CITY OF SQUTH MIAMI
To: Mayor and Commission
Date: September 1, 1998. .
. -3From: Charles Scurr Agenda Item #
City Manager C' Contractual Services - State Le isIative
g
(Lobbying) Services
The purpose of this memorandum is to recommend the selection for State Legislative (Cobb in
Services. y g)
The creation of a new Office of Intergoveminental Affairs was approved as part of the FY 1998 -'
99 Budget.'One of the cornerstones of this new Office is the retention of professional lobbyists.
The use of lobbyists is essential for the City to successfully compete 'for funding. The
Commissiori.approved atotal of $48.000 for these services: The discussion accompanying the
appropriation indicated that -it might be possible to obtain the services of two firms. possibly in
some type of partnership, for this amount:
In July 1998 an RFP. No. SLS -83198 was advertised for State Legislative Services. The RFP
included a detailed description.of the services requested'and provided criteria that the City would
use in selection. The criteria included:
1. Experience & knowledge of the contractor.
2: The experience of the contractor in representing entities comparable to the City.
3. The ability of, the contractor to provide all of the services specified in the scope of
work:
4. The accomplishments, generally, of the contractor in representing entities comparable
to the City.
5.. The accomplishments, specifically, of the contractor in securing medium ($500,000
to $ I *Million) and large (over $ I million) appropriations.
A total of I 1 firms /individuals picked up copies of the RFP. A total of six' individuals /firms
responded. A Review Committee. chaired by Fernando Rodriguez reviewed the proposals. The
Committee' rated the proposals'in three categories:
1. Most Highly Qualified (Tier 1);
2. Qualified (Tier 2); -and
3. Minimally or Not Qualified (Tier 3).
The Committee rated the firms as follows:
Tier l Gomez Barker Associates'
Ronald-L. Book, P.A.'
Tier 2 Public Private Partnership
Maury Management Group
Tier 3 Robert M. Levy & Associates
Rodriguez Pina & Associates
-Based on the above I am recommendins::
1. The selection of the two Most Highly Qualified (Tier 1) firms to represent the City-
Gomez Barker Associates and Ronald L. Book; P.A.;.
2. The allocation of $45.000 for this purpose to be:used'by the two firms in a team
partnership; and . .
3.' The selection of the Maury Management Group in the sum of $3.000 to support the
joint lobbying efforts of the City; and Chamber South. Although Maury Management
Group does -not have the experience and public. sector client base of the two Tier l
firms. they do have an ongoing relationship with Chamber South that I recomrnend
the City. support.
Copies of the. RFP.'Review Committee Report. and the proposals of Gomez Barker Associates
and Ronald L. Book. P.A. are attached..
,,,,,e. �
RESOLUTION NO.
3 A RESOLUTION OF THE MAYOR AND CITY. COMMISSION OF THE CITY
,OF
4. SOUTH MIAMI. FLORIDA, RELATING. TO STATE LEGISLATIVE .(LOBBYING)
5 . SERVICES: APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED
6 $45.000.00 FOR THE FIRMS OF' GOMEZ BARKER & RONALD L. BOOK, P A.;
7 AND AN AMOUNT .NOT TO . EXCEED $3,000.00 FOR THE . MAURY
8 ' MANAGEMENT GROUP FROM ACCOUNT NUMBER. 001- 1315 -513 -3450,
9. CONTRACTUAL SERVICES
10
12
I3 WHEREAS. the City of South Miami has established an Office of Intergovernmental Affairs with
14 the purpose of securing appropriations and funding from the State of Florida, and
15
.16' WHEREAS, the use of professional lobbying services is essential to the success of this Office:
.17. and
18
19 WHEREAS. the City advertised and competitively solicited for these services through 'RFP No.
20 SLS -8� 198: and .
21
22 WHEREAS, a Review Committee has completed the review of these
23' proposals.
24 NOW. THEREFORE, BE IT RESOLVED. BY THE MAYOR AND CITY COMMISSION OF
25 THE CITY OF SOUTH MIAMI:
_26 _.
27 Section l :. The City Commission hereby authorizes the City' Manager to enter into a
28 Professional Services Agreement for State Legislative (Lobbying)' Services with the Team of Gomez
29 Barker Associates & Ronald L. Books; P.A. in an amount not to exceed $45,000.00 and with the Maury
30 Management Group in 'an amount not to exceed S3.000.00 from...Account '4 001- 1315 -513- 3450,
71 Contractual Services.
33 - Section 2. This resolution shall take effect immediately upon approval.
34
36 PASSED AND ADOPTED this day of' 1
37. , 998.
38 ATTEST: APPROVED:
;9
40
41.
42 City Clerk Mayor
43
44 READ AND APPROVED AS TO FORM:
45
46 ,
47
4$ City Attorney
n :.nr +r,`ih', ^•"z'� °,s ti` ^F^, Vz' .e�:' s"r,. �.- C•:,.' .4`". 4"E .h . .i. ,,rte, ,"„^`'•.�- �'Ri�ii �C+.;ar:k,s`,m .fi ;,,r .. i -
es, 0CTJy
' �Mee��wnee •: ,
LOR19
cej' ' '
CHARLES ID. SCURR
CfrY MANAGER 8 t30 SUNSET DRIVE
SOUTH MIAMI. FLORICIA 331,9'
3
305 1 8E3 -Q336,
FAX 88343!!
CitY of South Miami
Request for Proposals
State Legislative Services
PUP NO. SLS43198
July 17,1998
General infornsatioa
The City of South Miami seeks- to retain the services of a legislative consultants) for
matters in which the City may need professional services before the Florida Legislature,
State of Florida' administrative agencies.. the. Florida Governor and Cabinet. et. al. Such `
services shall include attending state legislative committee hearings and meetings, rule
making proceedings and administrative or Iegislative agency meetings. The contract'
services shall include: but not necessarily be .limited to: scheduled. extended, special
legislative sessions . and meetings; state administrative and agency hearings, meetings or
rule 'making proceedings: and legal, grant `and legislative consulting services in
accordance with the terms and conditions of this Request. for Proposals.
Tbe successful contractor shall agree to be available at all times to be available upon
reasonable request to. meet with City officials: and to attend meetings, represent the
interests of the City. and act a Iiaison be the City and all branches. departments and
agencies of State government. at any legislative committee meeting or. meetings - with the
Govemor, Cabinet, or Cabinet members, or state agencies.
The contractor shall maintain a year round activ�e presence in Tallahassee, Florida and
also a staffed- office presence during the legislative -session and be able to provide staff
and office support to City officials when traveling to Tallahassee. Consultants must also
have an in -depth knowledge of issues and programs affecting the City and Miami -Dade
County and have an outstanding record of accomplishment in representing local
governments, particularly in the grant funding area.
Professional'Services Required
The contractor shall provide the following services to the City:
L' Review. on a continuing basis -all existing and proposed State policies. grograrns
and legislation affecting the City.
2.. Assist the City in the development of it's legislative ` program. The scope of the
legislative program should include all. City Departments and functions including
police: public. works, 'solid waste. environmental regulations.. parks, economic
development. community redevelopment . agency, housing, redevelopment.
computers and telecommunication.' planning.` traffic; °transportation. central
services and infrastructure development. etc.
3. Provide specific assistance' to the City in the identification. development..
application and approval of funding requests. grants and = appropriations for all
City Departments and functions.
4. Monitor state legislative conunittee meetings, state agency hearings-and meetings
prior - to and during the regular - and special Iegislative sessions relative to the
- City's legislative program or other issues that may impact the City.
5. Work with City staff and the Miami -Dade legislative - delegation to develop
special or general .legislation necessary,for and supportive of the City's Iegislative
program.
6. Develop and evaluate strategy for the support. opposition or amendment of
legislation. rules, etc., impacting the City.
7.. Testify and lobby before the Legislature. , Governor. and Cabinet as necessary on
behalf of the City:
S. Appear and 'testify before state agency hearings, budget meetings, rule making or
other administrative agency or legislative meetings on behalf of the City.
9.. Upon request• schedule and coordinate. meetings between City officials and
appropriate state officials and legislators.
10. Provide staff, office and logistical support to City officials while in Tallahassee.
1.1. Prepare %'%Titters status reports to the City, bi' weekly during the Session, and
monthly the remainder of the year. Such reports shall be as detailed a as necessary "
and include updates on the City's legislative program and funding requests:.
t -,.- r ..
12. The contractor; may 'be. requested. on a very 'limited basis. to provide support on
County. and Federal matters'. it is understood that these areas are not the focus of
this RFP
General Terms and Conditions
1. The City shall provide--a monthly retainer for the above referenced services. The -
monthly 'retainer shall be negotiated with the selected contractor(s). The monthly
retainer shall include all fees, including contractor travel. postage, telephone: etc.
Additional extraordinary expenses' may be allowable on a pre - approved case by
case basis.
2. The Citv reserves the right to select one or more contractors and the ability to
designate lead responsibility if more than one contractor is engaged.
3. The contractor shall report to the City Manager, or assigned designee.
4. The contractor is an independent contractor under this Agreement.
5. The contractor shall not represent clients in matters adverse to the City, and shall
make promptly*known any conflicts or potential conflicts. If said conflicts cannot
be satisfactorily, resolved to -the City °s satisfaction than the City reserves the right
to suspend and /or terminate the services of the contractor and procure same from
other contractors.
b. The contractor acknow ledges that he /she has not been convicted of a public entity
crime or placed on the convicted vendor, list.
7. The City reserves the right to delete or modify the services and scope of. work
under this contract at any time. with or without cause. If such scope of work'is
reduced the payment to the. contractor shall be reduced by a commensurate
amount.
g. The contractor may not change the principal persons) working on this contract
without the express permission of the City.
9.. The City reserves the right to negotiate the fee schedule proposed by the
Contractor under this `RFP in order to meet Citv budeetary constraints.
10.-Joint ventures are allowed. Participation b,% • minorities and women is encouraged.
j .
m;
x
RFP. Documents.Required
Each contractor shall. submit 10 copies of the following
1. A cover letter indicating the contractors interest in providing, these services to the
City.
2. A brief history of the contractor.. including how long the contractor has been.
engaged in this field of work. .
I A list of the principal(s). who w-i.11. be responsible for providing the specified
services. including resumes or biographies for each person:
4. All current local municipal. County, regional. and state clients of the contractor
including for each client: (a) the length of the contract: b) the scope *of services
provided: c) the type of contract (pro bong. retainer. project based fee.. -etc. d)
accomplishments achieved for the client including legislative appropriations; and -
e) a contact name and phone number for the client.
5. Any prior or private sector clients that, may be relevant, providing the same
information as above:
6. Copies of any press articles, profiles.*commeadations, etc. that may assist. the City
in it's evaluation.
7. A list of references. including comparable jurisdictions to the City and elected
officials (Please limit to 5).
8. An original signed -copy of this RFQ wherein the contractor acknowledges and
warrants that he/she has :read and agrees-with all of the terms and conditions
contained herein.
9. Proposed monthly retainer fee to provide the services.
Timetable and Process
All RFP's must be returned to the City Manager's office no later than 5:00 PM on August
31. 1998. A pre -bid conference will be held on Thursday August 6. 1998 at 9:00 AM at
South Miami City Hall.
The Citv will evaluate the RFP's based on the following criteria:
, :
1. The experience and,knowledge of the contractor:
2: The experience of the contractor in representing entities comparable to the City.
3. The ability of the contractor to provide all of the services specified in the scope of
Work.. ,
4: The accomplishments,. generally, of the contractor in representing 'entities .
comparable to the City.
5. The accornpiishments: specifically, : of the contractor in securing = medium.
($500:000, to $1 million) and large (over 5 1 ' million) appropriations for it s clients
across a broad range of functional areas and departments.
Contractor. Date
Contractor Date `:
CITY OF SOUTH MIAMI
INTER - OFFICE: MEMORANDUM
s
TO Charles D. Scuric DATE: October 16,1998
City Manager
FROM: Fernando J. Rodriguez RE: Professional Lobbying —
Public Works Director 'Review of Proposals
Many. local governments employ the services of professional lobbyists on a retainer
contract basis. This is a highly cost- effective approach to obtain grant funding which is
available at the county, state and federal levels. ' A municipality may apt to lobby for
'funding. through, the efforts of its elected officials. However, this approach is not
practical and does not maximize effectiveness.. Successful lobbying is a time consuming
activity requiring significant 'experience and tenacity. 'It is a.potentially high -yield pursuit
that is best left to `professionals.
The marked increase in project activity that South- Miami . is currently experiencing
requires a significant amount of funding. Many of the grant monies available each year
can be tapped. into through the employment of competent lobbying firms. To this end,
requests for lobbying services proposals have been solicited from several South Florida
based firms.
A review committee comprised of the Assistant City Manager and department heads
evaluated all proposals. with the following results:
Rank - Firm' Comments
Tier a -Most Hi6lyQualifled
1 Gomez Barker Associates, Inc. Extensive experience and retainers
with Miami -Dade County, City of
Miami Beach. and City of West
Miami. Obtained grant funding
totaling $ 15M for above three
entities.
i
\continnM
MAYOR:AND COMMISSION. PAGE TWO OCTOBER 20,1998
Rank .: Firm
Comments
2 Ronald L. Book. P.A.
Extensive list of clients, including
Miami -Dade County, cities_ of North
•
Miami. North Miami Beach. and
Aventura... - Impressive: funding
..amounts listed' for various charitable
foundations/programs..
Tier 2 = Oualified.
3 Public Private Partnership, Inc.
In business for close to a decade.
Highly. qualified staff. ` Clients
include'. Broward County. Miami
Dade .County (6 mos. into a 1, -year
retainer) and City of Gretna. FL.
(obtained $1.9M for water., system
projects.)
4 .Maury Management Group
The proposal lists no- municipalities
currently on-retainer contracts.- The
firm does exhibit potential . to be
useful to a small city by. virtue of
their experience. contacts and desire
to work with clients.
Tier 3 — Minimaily Qualified or Proposals That Did Not Meet RFP Reguirements
.5 Robert-M. Levy & Associates
This firm lists good qualifications.
However, the package submitted is
weak in details and presentation.
6 Rodriguez Pina & Associates'-
This firm submitted a weak package -
.in "terns of. details and effort.
Retainers are listed; for. Miami -Dade
and City of South Bay. No funding
amounts obtained are listed.
The fee listed on the proposals were not given heavy consideration due to their similarity
(monthly fee ranged, from $27600 to. $3,500
for top three .respondents) and their
negotiability. The evaluation of the six proposals has narrowed the choices of two firms
that can best assist the City in obtaining
valuable funding. These : firms are
recommended.
„ *.,F Um
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE
5 (LOBBYING) SERVICES; APPROVING FUNDING IN AN AMOUNT
6 NOT TO EXCEED i $42,000.00 FOR THE FIRM OF GOMEZ BARKER
7 AND $24,500 FOR THE FIRM OF RONALD L. BOOK, P.A.; FROM
8 ACCOUNT NO. 001- 1315 -513 -3450 ENTITLED "CONTRACTUAL
9 SERVICES" PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the City of South Miami has established an Office of Intergovernmental
12 Affairs with the purpose of securing appropriations and funding from the State of Florida; and
13'
14` WHEREAS, the use of professional lobbying ;services is essential to the success of this
15 Office; and
16_
17 WHEREAS, the current lobbyist firm of Gomez Barker engaged by the City has
18 performed in an exemplary manner and the Commission wishes 'to continue that service until
19 September 30, 2003; and
20
21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
22' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
23
24 Section 1. The City Commission hereby authorizes the City Manager to enter into a
25 Professional Services Agreement for Legislative (Lobbying) Services for the remainder of this
26 fiscal year with Barker Gomez, in an amount not to exceed $42,000:
27
28 Section 2. The City Manager is further authorized to pay the firm of Ronald L. Book;'
29 P.A., for professional lobbyist services rendered through April 30, 2003, in an amount not to
30 exceed $24,500 for FY 2002 -03.
31
32 Section 3. Funds for these services shall be allocated from Account No. - 001 -1315
33 3450, Contractual Services, FY 2002 -03.
34
35 Section 4. This resolution shall take effect April 30, 2003.
36
37 PASSED AND ADOPTED this day of , 2003.
38
39 ATTEST; APPROVED:
40
41
42 CITY CLERK MAYOR
43' COMMISSION VOTE.
44 Mayor Feliu:
45 READ AND APPROVED AS TO FORM Vice Mayor Russell:
46 Commissioner Bethel:
47 Commissioner Wiscornbe:
48 CITY ATTORNEY Commissioner McCrea:
Additions shown by underlining and deletions shown by °_;°r.
?f��.ro zr�, --r „� ,,,.i:.�';.r:.-a . -7— '—,W ^`_ ,. � . .,. .s,, .",ae,'� ..e'.5-°--.
� rr_ s�` wt^�'� =s °mss'?;
.�.: CITY OF SOUTH MIAMI
is
INTER-OFFICE MEMORANDUM
To. Mayor and City Commission Date: April 11, 2003
From: Sandy A. Youkilis Re: 'AGENDA ITEM
Acting City Manager Commission meeting April 15 2003
Use of City funds and Chamber
REQUEST
A RESOLUTION OF THE MAYOR AND CITY 'COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO FUNDING FOR EVENTS AND USE OF
CITY PROPERTIES; ESTABLISHING GUIDELINES TO BE USED FOR PURCHASE OF
TABLES FOR EVENTS AND USE OF CITY COMMISSION CHAMBERS FOR SPECIAL
EVENTS; PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
Often times, the City receives invitations to purchase guest tables for special functions that requires the use of
City funds. In addition, there have been requests made to the City for the use of the Commission Chamber for
activities that are outside the normal City business. In the past, the approval or denial to purchase these tables
or use of the Commission Chamber has been made by the City Manager without City Commission approval. In
an attempt to establish a consistent guideline to be used in all cases involving these requests in the future,
Commissioner Bethel has requested that the attached- resolution be prepared for the City Commission
approval.
RECOMMENDATION
Approval is recommended:
1 RESOLUTION,
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO FUNDING FOR EVENTS AND USE OF
5 CITY PROPERTIES, ESTABLISHING PROTOCOL AND GUIDELINES TO BE
6 USED FOR PURCHASE OF TABLES FOR EVENTS AND USE OF CITY
7 COMMISSION CHAMBERS FOR SPECIAL EVENTS; PROVIDING AN EFFECTIVE
8 DATE.
9
10 WHEREAS, the City Administration often receives invitations from
11 various event organizers requesting the City's' participation through the
12 purchase of event tickets or guest tables for the different functions; and
13
14 WHEREAS, Administration also receives requests from other
15 governmental agencies asking for the use of the City Commission Chambers
16 for non -city business; and
17
18 WHEREAS, in an effort to be inclusive of all, the City Commission
19 wishes, to create protocol and guidelines to be used by the City
20 consistently whenever there is a "request for the use of City Commission
21 Chamber for non- day -to -day City business, and purchase of tickets or
22 guest tables for functions.
23
24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA THAT':
26
27 Section 1 The City Manager is hereby directed to obtain City
28 Commission approval when using City funds to purchase tickets or guest
29 tables for events.
30
31 Section 2 As a matter of protocol, when tickets or guest
32 tables are purchased, the City Commission members shall be considered
33 guests at such events and given the option of declining attendance, at
34 which time administrative staff shall solicit participation from City
35 staff.
36
37 Section 3. The City Manager shall notify City Commission
38 members when requests are made by other governmental entities for the use
39 of the City Commission Chambers for non - regular City business.
40
41 Section 4. This resolution shall take effect immediately upon
42 approval.
43
44 PASSED AND ADOPTED this day of April 2003. ,
45
46 ATTEST: APPROVED:
47
48
49 CITY CLERK MAYOR
50 COMMISSION VOTE:
51 Mayor Feliu
52 READ AND APPROVED AS TO FORM: Vice Mayor Russell:
53 Commissioner Wiscombe:
54 Commissioner McCrea
55 Commissioner Bethel
56 CITY ATTORNEY
s T
sour CITY OF SOUTH MIAMI South Miami
a
o �q AN
4 Excellence, Integrity, Inclusion
• .INCORPORATED
1927
ft 10 P 2001
TO: Honorable Mayor, Vice Mayor DATE: April 10, 2003
& City Commission
FROM: Sanford A. Youkilis ITEM No. 10
Acting City Manager RE: Authorizing the City Manager to
execute addendum #1 between the City of South
Miami and Miami -Dade Water '& Sewer
Department.
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO ADDENDUM NUMBER ONE TO AGREEMENT WITH
MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER FACILITIES
FOR THE MULTI -PHASE WATER MAIN IMPROVEMENTS AND CITY OF SOUTH
MIAMI WATER MAIN EXTENSION, PHASE IA & 113 KNOWN TO MIAMI -DADE
WATER AND SEWER DEPARTMENT (MDWASD) AS ID# 17656; PROVIDING AN
EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In our effort to provide water main extension as part of the proposed Church Street Improvement
project, MDWASD requested that we execute an addendum to our existing agreements instead of
creating new agreement. This addendum includes all future grant funded water main extension
defined within seven different areas, to include Church Street. The seven areas (Phases) are
defined in Section 1 of the addendum.
RECOMMENDATION
It is recommended that the City Commission authorize the City 'Manager to execute the
agreement.
Attachments:
❑ Proposed Resolution
❑ Draft agreement with Miami -Dade Water& Sewer Department
SAY /RL (WAB)
MIR
1 RESOLUTION NO.
2'
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, 'RELATING TO ADDENDUM
5 NUMBER ONE TO AGREEMENT WITH ° MIAMI -DADE COUNTY AND
6 THE CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE
7 MULTI -PHASE WATER MAIN IMPROVEMENTS AND CITY OF SOUTH
8 MIAMI WATER 'MAIN EXTENSION, PHASE =1A & 113 KNOWN TO
9 MIAMI -DADE WATER AND SEWER DEPARTMENT (MDWASD) AS ID#
10 17656; PROVIDING AN EFFECTIVE DATE.,
11
12 WHEREAS, the Mayor and City Commission of the City of South Miami wishes to
13 provide water improvement service citywide through MDWASD as funding become available;
14 and,
15
16 WHEREAS, the City shall connect to MDWASD's watermain located within and around
17 each project phase as indicated in Sections 1 & 2 of the agreement; and,
18
19 WHEREAS, as part of this addendum, the city wishes to pay MDWAS $1,299.33 for the
20 water main extension services provided to 6605" SW 62 °d Terrace & 6212 SW 65th Avenue.
21
22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
24
25 Section 1. The City Manager is authorized to enter into an agreement with Miami-
26 Dade County to provide water service improvements within the phases defined in the addendum.
27
28 Section 2. That the $1,299.33 shall be charged to account number 001- 0000 -132=
29 2055, FDEP funded water main projects.
30
31 Section 3. That the attached Addendum Number One between Miami -Dade County
32 and The City of South Miami, be made a part of the resolution.
33
34 Section 4. This resolution shall take effect immediately upon approval.
35
36 PASSED AND ADOPTED this day of , 2003.
37 ATTEST: APPROVED
38
39
40 Ronetta Taylor, City Clerk Horace Feliu, Mayor
41
42 READ AND APPROVED AS TO FORM:
43
44 Commission Vote:
45 CITY ATTORNEY
46 Mayor Feliu:
47 Vice Mayor Russell:
48 Commissioner McCrea:
49 Commissioner Bethel:
50 Commissioner Wiscombe
Additions shown byunderlinina and deletions shown by`evefstr4k-ing.
4
_77
SOUTH MIAMI MULTI -PHASE WATER MAIN IMPROVEMENT AREAS,'ID# 17656
ADDENDUM NUMBER ONE
TO THE
AGREEMENT
FOR
WATER FACILITIES
FOR
SOUTH MIAMI MULTI -PHASE WATER MAIN ;IMPROVEMENT AREAS
f /k /a
CITY OF SOUTH MIAMI WATER MAIN EXTENSION, PHASE 1A & 1 B
BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
This instrument prepared by:
Victor M. Rodriguez
Utilities Development Division
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
SOUTH MIAMI MULTI -PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
THIS ADDENDUM, made and entered into at Miami -Dade County, Florida,
this day of 1 2003, by and between
Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated
as the "COUNTY' ", and the City of South Miami, a Florida municipality, hereinafter
designated as the ,,CITY";
WITNESSETH:
WHEREAS, the COUNTY and the CITY entered into an Agreement for the
construction of water facilities for "City of South Miami Water Main Extension, Phase
1A & 113" dated December 31st, 2001, recorded in Official Records Book 20144 at Page
4746 of the Public Records of Miami -Dade County, Florida, hereinafter referred to as "The
Agreement ", and
WHEREAS, the COUNTY and the CITY desire to change the name of The
Agreement to South Miami Multi -Phase Water Main Improvement Areas, and
WHEREAS, the CITY desires to make certain modifications to The Agreement, and
WHEREAS, the CITY desires to provide water system infrastructure improvements
in various areas within the CITY'S municipal boundary limits
WHEREAS, the COUNTY is willing to enter into this Addendum provided that the
CITY abides by any policies or standards of the COUNTY which have been revised since
the date of The Agreement, and
Page 2 of 11
SOUTH MIAMI MULTI -PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
WHEREAS, the CITY is willing to abide by such policies or standards as specified in
this Addendum.
NOW, THEREFORE, in consideration of the mutual covenants entered into between
the parties hereto to be made and performed, and in consideration of the benefits to
accrue to each of the parties hereto, it is covenanted and agreed tows follows;
1. Paragraph one (1) of The Agreement is hereby replaced with the following:
CITY'S PROJECT. The CITY intends to construct water system infrastructure
improvements in various areas within the CITY'S municipal boundary limits. These areas,
hereinafter, sometimes described as the "CITY'S project ", are generally bounded by the
following (phasing and boundaries are subject to modification by the parties herein):
Phase 1A - S.W. 74th Street on the north, S.W. 80th Street on the south,
S.Wa 67th Avenue on the east and S.W. 69th Avenue on the west.
Phase 1 B - S.W. 75th Street on the north, S.W. 79th Street on the south,
S.W. 66th Place on the east and S.W. 67th Avenue on the west,
together with S.W. 68th Court from S.W. 72nd Street on the north to
S.W. 75th Street on the south.
Phase 2 - S.W. '77th Terrace on the north, S.W. 88th Street on the south,
S.W. 57th Avenue on the east and S.W. 62nd Avenue on the west.
Phase 3 S.W. 64th Street on the north, S.W. 72nd Street on the south,
S.W. 67th Avenue on the east and S.W. 69th Avenue on the west.
Page 3 of 11
.r . ,
.3v ,... `TTr'Y'3°��..... X5,"4 a„�' —ii°z,
SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
Phase 4 S.W. 62nd Street on the north, S.W. 72nd Street and U.S. 1 on the
south, S.W. 57th Avenue on the east and S.W. 62nd Avenue
on the west.
Phase 5 - S.W. 72nd Street and U.S. 1 on the north, S.W. 77th Terrace on the
south, S.W. 57th Avenue on the east and S.W. 62nd Avenue
on the west:
Phase 6 S.W. 40th Street on the north, S.W. 44th Street on the south,
S.W. 61st Avenue on the east and S.W. 65th Avenue on the west
together with theoretical S.W. 52nd Street on the north,
S.W. 56th Street on the south, S.W. 63rd Avenue on the east and
S.W. 63rd Court on the west;
The CITY has requested that the DEPARTMENT render water service to the CITY'S
project and the COUNTY agrees to do so subject to the terms, covenants and conditions
contained herein.
2. Paragraph three (3) of The Agreement is hereby modified to read as follows:
POINTS OF CONNECTION. The COUNTY owns and operates several six (6) inch
diameter and larger water mains located within the CITY'S project from which the CITY
shall install and connect eight (8) inch, twelve (12) inch and sixteen (16) inch diameter
water mains throughout the CITY'S project. The normal minimum size for water main
extensions shall be eight (8) inch diameter for single- family residential areas and twelve
(12) inch diameter for commercial, public building, industrial, business and high- density
residential areas. Water main extensions in half section lines and section lines shall be no
-Page 4 of 11
SOUTH MIAMI MULTI- PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
less than twelve (12) inch diameter and sixteen (16) inch diameter, respectively. Any and
all existing water mains four (4) inch diameter or less located in single - family residential
areas and six (6) inch diameter or less located in commercial, public building, industrial,
business and high- density residential areas shall be replaced with the appropriate sized
water main as set forth herein. All points of connection and proposed water maim
extensions shall be subject to approval of the DEPARTMENT.
3. Paragraph ten (10) of The Agreement is hereby modified to read as follows:
WATER SERVICE LINES. Any water service lines two (2) inch diameter or less
that are part of the proposed water system infrastructure improvements contemplated
herein, which will be directly connected to existing mains owned by the COUNTY, shall be
installed by COUNTY personnel only. The CITY hereby agrees to pay to the COUNTY its
standard water service line installation charge, permit fees and service fees prior to any
such installation.
4. Paragraph twelve (12) of The Agreement is hereby deleted from
The Agreement.
5. Paragraph thirteen (13) of The Agreement is hereby deleted from
The Agreement.
Page 5 of 11
SOUTH MIAMI MULTI - PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
6. Paragraph fourteen (14) of The Agreement is hereby modified to read
as follows:
CONNECTION /FRONTAGE BY OTHERS. ' Parties other than the CITY who own
property, which has frontage to any water main installed pursuant to this Agreement, may
apply to the COUNTY for connections to said water main. If said parties actually connect
and /or abut said facilities, the COUNTY will impose a construction connection charge equal
to eighteen dollars ($18.00) for eight (8) inch diameter water mains or oversized water
mains whose established base size is eight (8) inch diameter; and thirty dollars ($30.00) for
twelve inch diameter water mains or oversized water mains whose established base size is
twelve (12) inch diameter multiplied by the front foot length of the connecting /abutting
property which fronts and /or abuts the water mai as measured along the route of the
main. The COUNTY will also impose construction connection charges on such other
parties if said water main , is /are required, in accordance with guidelines and criteria
established by the DEPARTMENT, in order to provide - adequate service for the
fronting /abutting property. Said construction connection charges will not be required or
collected from other parties for single- family residences occupied or under construction
prior to the date of this Agreement. It is further agreed that the DEPARTMENT shall retain
payment of construction connection charges payable to the CITY for all oversized water
mains until such a time that the amounts retained equal the amount of the oversizing credit
paid to the CITY. Thenceforth, the COUNTY shall repay said construction connection
charges to the CITY within ninety (90) days of receipt of same. However, the COUNTY'S
liability for repayment to the CITY shall be limited to those amounts actually collected from
Page 6 of 11
SOUTH MIAMI MULTI -PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
others. This provision shall remain in effect for a period of twelve (12) years from the date
of the Absolute Bill of Sale for the water main facilities constructed by the CITY. _ Per
annum simple interest as established and authorized by Section 687.01, Florida Statutes
will accrue on all construction connection charges from the date of the Absolute Bill of Sale
for the water main facilities constructed by the CITY to the date' of payment by the
connecting /abutting party. The interest rate used shall be the rate established by Section
687.01, Florida Statutes at the time of payment by the connecting /abutting party. It shall
be the CITY'S responsibility to provide the COUNTY with current mailing addresses during
the twelve (12) year period:
7. Paragraph twenty -one (21) of The Agreement is hereby deleted from
The Agreement.
8. ' Paragraph twenty -three (23) of The Agreement is hereby modified to read
as follows;
ASSIGNMENT OF AGREEMENT. This Agreement shall not be transferred,
assigned or otherwise conveyed to any other party without the express written consent of
the Director of the DEPARTMENT or his designee.
Page 7 of 11
SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
9. The following paragraph is hereby added to The Agreement as paragraph
twenty -eight (28):
PROVISION OF SERVICE AND CONNECTION CHARGES. The intent and sole
purpose of this Agreement is for the installation and proper conveyance of water system
infrastructure improvements within the CITY'S project. This Agreement does not provide
commitment of adequate water supply by the COUNTY to any property, .CITY owned or
otherwise. Owners of any and all properties requesting connection to the water mains
installed pursuant to this Agreement shall be subject to the terms and conditions for water
service set forth in the DEPARTMENT'S "Rules and Regulations" prevailing at the time of
request for connection,
10. The following paragraph is hereby added to The Agreement as paragraph
twenty -nine (29);
WATER MAIN''OVERSIZING CREDITS. In order to comply with the COUNTY'S
Public Works Manual and with the DEPARTMENT'S master plans, policies ' and
regulations, the COUNTY may require that the CITY install twelve (12) inch or sixteen (16)
inch diameter water mains in single - family residential' areas and /or sixteen (16) inch
diameter water mains in commercial, public building, industrial, business and high- density
residential areas. Therefore, the COUNTY shall allow the following overslzing credits for
the difference between the necessary or standard size water main and the oversized water
main required by the COUNTY.
Page 8 of 11
.° -r,. �„- s;- °.r.,cr-3� -�.. .�r- „•,r.�; .. z.:-.s. �,:,"al 'a-+ a -°, Y,.. ar -.cu, ''�; - �r� _�?R-xrs.a,�€rrs';T.°'�,t� a.;r-a^�i...:. &su. x?'� .. ?.u:�..,.��.t .?.,..p a.,ac-.
Item
Necessary
(Standard)
Required
Estimated Length /
Lineal Feet
Credit per
Lineal Foot
Estimated
Credit
a
8 inch
-12 inch
TBD*
$7.50
TBD
b
8 inch
16 inch
TBD
$15.75
TBD
c
12 inch
16 inch
TBD
$6.00
TBD
Total estimated oversizing credit-
TBD
* TBD = to 'be determined
Both parties agree that the oversizing credits shall be calculated based on the actual
quantities of oversized facilities installed by the CITY as specified in the bill of materials
and as -built drawings submitted by the CITY at time of conveyance and approved by the
COUNTY. Should the amount of credit due to the CITY exceed that amount listed in
Section 255.05, Florida Statutes, the CITY shall post a bond sufficient to insure payment
of all suppliers and labors.' Should the CITY fail to post a bond, the CITY shall indemnify
and hold harmless the COUNTY against all claims against the COUNTY brought by ,a
subcontractor or supplier for payment on the CITY'S project. The bond shall remain in
effect one year from completion and conveyance of the oversized facilities. It is further
agreed that the DEPARTMENT shall retain payment of construction connection charges
payable to the CITY for all oversized water mains until such a time that the amounts
retained equal the amount of the oversizing credit paid to the CITY. The COUNTY shall
pay this credit to the CITY within ninety (90) days after completion, proper' conveyance to
the COUNTY and placement into service of the oversized water facilities.'
11. Exhibit "B" of The Agreement is hereby deleted from The Agreement
All terms and conditions of The Agreement not specifically modified by this
Addendum shall remain in full force and effect.
Page 9 of 11
�.°'•s"?- ;7r^.r ., »�-,- <.- _�- .�:'- ;�.-,-, ..� -xr= -ter, -, :- ";,='r F _�- ,._,, ; h ,,,. , . - , r' �;r.= m'"'., a r, T r , a"'i'"SC�—rs.,. . ^.°.: - e � .::�rs, -s. zs;.� „ ^;-�t°TM Rte. _c ..',..,
SOUTH MIAMI MULTI- PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officials . as of the day and year above written.
WITNESSETH: MIAMI -DADE COUNTY
signature
By:
print name Tomas R. Goicouria, Chief
Utilities Development Division
Miami -Dade Water and Sewer
Department
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
2003, by Tomas R. Goicouria, Chief,
Utilities Development Division of the Miami-Dade Water and Sewer Department, who is
personally known to me and did not take an oath.
Notary Public
Page 10 of 11
;� ;:.... , rw^>M. -.-Q. n�:- .-am, .r ,. , o.- •»c-, r 'ice-.- ^^ter-;- b"ra.,'�.. , '{,`;'^."`"�'^� "` ^^„,?' r .1, a - , .., r�i`""':`, ,�a '?;F' �"'� rfiT' ': 3 p ,•
SOUTH MIAMI MULTI -PHASE WATER MAIN IMPROVEMENT AREAS, ID# 17656
WITNESSETH: CITY OF SOUTH MIAMI,
A FLORIDA MUNICIPALITY
signature By: (SEAL)
Sandy Youkilis
print name Acting City Manager
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
2003, by Sandy Youkilis,'
Acting City Manager of the City of South Miami, who is personally known to me or and
has /hasn't produced as identification and
did /did not take an oath.
Notary Public Serial Number
print name
Approved for Sufficiency of Execution Only:
Assistant County Attorney'
Page 11 of 11
SO u r CITY OF SOUTH MIAMI South Miami
AIILi'�ly
Excellence, Integrity, Inclusion
v
� INCORPORATED
1927..
O R I p p 2001
TO: Honorable Mayor, Vice Mayor DATE: April 10, 2003
& City Commission
FROM: Sanford A. Youkilis ITEM No. I T
Acting City Manager RE: Request to authorize City Manager to
execute a professional service agreement with
Kimley- Horn '& Associates, Inc. for Northside
Traffic Plan /Study
RESOLUTION or ORDINANCE
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY -HORN AND ASSOCIATES,
INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR NORTHSIDE TRAFFIC
PLAN /STUDY FOR AN AMOUNT $14,300.00 TO BE CHARGED TO TRAFFIC CIRCLE
BOND ACCOUNT NO. 001- 0000 -132- 2052;= PROVIDING 'AN EFFECTIVE DATE
BACKGROUND & ANALYSIS
As one of our general engineering professionals, Kimley -Horn & Associates, Inc. (KHA) will be
providing transportation planning and traffic engineering study within the Northside area. The
area is bound by Ludlam Road on the west, Red Road on the east, Miller Drive on the south and
Bird Road on the north. The services will include data collection, such as, 24 -hour
Speed/Volume counts at the following locations:
❑ Blue Road east of Ludlam Road
❑ SW 64th Avenue north of Miller Drive
❑ SW 62nd Avenue south of Red Road
o SW 60th Place south of Red Road
Data for AM & PM peak period turning movement counts will be collected at:
❑ Blue Road & SW 62nd Avenue
❑ Blue Road & Red Road
KHA will review accident data to determine the incident of crashes and causes of the accidents at
the following locations:
❑ SW 44th Street at SW 64th Avenue
❑ SW 44th Street at SW 62nd Court`
❑ SW 42" d `Terrace at SW 64th Avenue
❑ SW 42" d Street at SW 62" d Court
,.��,
Page 2 of 2
Comm. Mtg. Agenda
April 15,2003
One stakeholder meeting will be held with city staff and neighborhood residents to present
results of the data collected and analysis, and preliminary recommendations. At the conclusion of
the study, one presentation will be 'made to the City Commission to summarize the results and
recommendations. KHA anticipate completing the study in approximately sixty days after notice
to proceed is issued.
Attachments:
❑ Proposed Resolution
❑ Professional Engineering Services Work Order
❑ Map of project area
❑ Public Works Department's account management sheet
SAY/RL (WAB)
: t'- ";'�.*rak'+.w``"`,�a^z4- ,'r^,ih
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
5 PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY -HORN AND
6 ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR
7 NORTHSIDE TRAFFIC PLAN /STUDY FOR AN AMOUNT $14,300.00 TO BE
8 CHARGED TO TRAFFIC CIRCLE BOND ACCOUNT NO. 001- 0000 -132 -2052;
9 PROVIDING AN EFFECTIVE BATE
10
11 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional
12 services of Kimley -Horn and Associates, Inc., 'to provide traffic plan/study for the Northside, using
13 the Northside Charrette Final Report published June 2000; and
14
15 WHEREAS, Kimley -Horn is one of the City's approved ` Professional General Engineering
16 Consultants; and
17
18 WHEREAS, the proposed services shall be funded through traffic circle bond.
19
20 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY
21 OF SOUTH MIAMI,' FLORIDA, that:
22
23 Section 1: The City Manager is authorized to execute a Work Order with Kimley -Horn & Associates,
24 Inc. for the professional services in connection with < traffic plan/study for the Northside, using the
25 Northside Charrette Final Report published June 2000 in an amount not to exceed` $14,300.00.
26
27 Section 2: That the proposed services shall be charged to Traffic Circle Bond account number 001 -
28 0000 -132- 2052.
29
30 Section 3: That the attached proposal, Professional Service Work Order, be made a part of the
31 resolution.
32
33 PASSED AND ADOPTED this day of 92003.
34
35 ATTEST: APPROVED:
36
37
38 Ronetta Taylor, City Clerk Horace Feliu, Mayor
39
40 READ AND APPROVED AS TO FORM:
41
42
43
44 CITY ATTORNEY Commission Vote:
45
46 Mayor Feliu:
47 Vice Mayor Russell;
48 Commissioner McCrea:
49 Commissioner Bethel:
50 Commissioner Wiscombe
1
'iI n,rfr z ,a*t ins;:
Kimley -Horn
and Associates, Inc.
March 10, 2003
Suite 157
5100 N.W. 33rd Avenue
Ft. Lauderdale, Florida
Mr. Ajibola Balogun
33309
City of South Miami
Public Works Director
4795 SW 75`h Avenue
South Miami, FL 33155'
Re: Northside Traffic Plan
Dear Mr. Balogun:
Kimley -Horn and Associates, Inc. ( "KHA ") is pleased to submit this letter
agreement ( "Agreement ") to the City of South Miami ( "the Client ") for
transportation planning services related to the Northside Neighborhood. We
have developed a scope of services based on our understanding of your needs and
budget for transportation planning and traffic engineering services within the
study area, which is bound by Ludlam Road on the west, Red Road on the east,
Miller Drive on the south, and Bird Road on the north. Our proposed scope of
services, schedule, and fee are as follows:
SCOPE OF SERVICES
Task I - 'Review Northside Charrette Final' Report
The Northside Charrette Final Report was published in June of 2000. This effort
identified several locations as candidates for traffic calming improvements.
These locations will be reviewed and the feasibility of implementing traffic
calming improvements will be assessed.
Task II — Data Collection
Traffic data will be collected to measure the existing' traffic conditions at key
locations within the study area. The traffic data collection effort will include
volume counts to help identify the level of cut- through traffic on local streets,
speed surveys on local/collector streets, and peak hour turning counts at two key'
intersections. The following data will be collected:
24 -hour SpeedNolume Counts
• Blue Road east of Ludlam Road
• SW 64d' Avenue north of Miller Drive
• SW 62nd Avenue south of Red Road
• SW 60'b: Place south of Red Road''
TEL 954 739 2233
FAX 954 739 2247
i<imley -Horn
and Associates, Inc. Mr. Ajibola Balogun, March 10, 2003, Page 2
AM & PM Peak Period Turning Movement Counts
• Blue Road at SW 62nd Avenue
• Blue Road at Red Road
In addition to the above listed traffic data, afield review of the study area will be
conducted during the peak traffic period to help identify operational issues and
deficiencies.
Task III - Data Analvsis
Results from the volume counts and speed measurements will be summarized
and evaluated to determine if "livability" thresholds are being exceeded.
Operational analyses, using a methodology consistent with the 2000 Highway
Capacity, Manual, will be performed at the two (2) intersections where turning
movement count data is collected. Accident data, to be provided by the City, will
be reviewed to determine the incident of crashes and causes of the accidents at
the following locations.
• ` SW 44th Street at SW 64th Avenue
• SW 44"' Street at SW 62nd Court
• SW 42nd Terrace at SW 60 Avenue
• SW 42nd Street at SW 62"d Court
Task IV'- Conceptual Improvement Plan
Based on the outcome of the data collection and analysis, as well as input from
City staff (whom will seek input from neighborhood representatives), a
preliminary list of appropriate solutions for improving traffic conditions in the
Northside Neighborhood will be developed for consideration. Possible solutions
may include traffic calming measures; and opening up 58"' Avenue to improve
accessibility to the YMCA. Conceptual graphics will be prepared for up to four
locations to assess the feasibility of implementing the recommended
improvements. Potential right-of-way impacts associated with proposed
improvements will be identified, along with preliminary order of magnitude cost
estimates,
Task V - Report
A brief report will be prepared summarizing the review of Northside Charrette
Final Report, data collection, data analysis, and conceptual improvement, plan.
Ten (10) bound copies and one unbound set of originals of the will be provided.
Task VI - Meeting/Presentation
One (1) stakeholder meeting will be conducted with City staff and neighborhood
stakeholders (to be identified by the City) to present results of the data collection
and analysis, and preliminary recommendations. At the conclusion of the study,
' Kimley -Horn
and Associates, Inc. Mr. Ajibola Baloo n, March 10, 2003, Page 3
one (1) presentation will be made to the City Commission to summarize the
results and recommendations.
Task VII — Additional Services
We will provide, as requested and authorized by you, additional services that
require analyses beyond those described in Tasks I`through VII. These additional
services may include, but not be limited to:
- Attendance at additional meetings and public hearings.'
- Additional traffic data collection.
Additional transportation analyses;
- Design services.
Permitting and regulatory assistance.
- Forensic (expert witness) services.
- Site /Civil Engineering.
Landscape Architecture services.
SCHEDULE
We will provide our services expeditiously as practical to meet a mutually agreed
upon schedule. We anticipate that the project can be completed in approximately
60 (60) days after authorization and notice to proceed.
FEE AND BILLING
KHA will perform the services described in Tasks I'through VI of the Scope of
Services for a lump sum fee of $14,300.00.
KHA will perform the services described in Task VII of the Scope of Services on
a labor fee plus expense basis. Labor fees will be billed based upon hourly rates
in effect at the time the services are provided. Direct reimbursable expenses such
as express mail, fees, air travel, out -of -town mileage, and other direct expenses
will be billed at 1.15 times cost. An amount equal to 5.85% of the labor fee will
be added to each invoice to cover certain other expenses such as in -house
duplicating, local mileage, telephone calls, facsimiles, postage, and word
processing computer time. Administrative time related to the project may be
billed hourly. Technical use of computers for design, analysis, and graphics, etc.
will be billed at $25.00 per hour. All permitting, application, and similar project
fees will be paid directly by the Client.
Fees will be invoiced monthly based upon the percentage of services completed
as of the invoice date for lump sum services, or based on the amount of services
performed and expenses incurred through the invoice date for labor fee plus
expense tasks. Payment will be due within 25 days of the date of invoice.
Kimley -Horn
rhb�land Associates, Inc. Mr. Ajibola Balogun, March 1Q 2003, Page 4
CLOSURE
In addition to the matters set forth herein, our Agreement shall include, and be
subject to our currently existing contract. The term "the Consultant" shall refer
to Kimley -Horn and Associates, Inc., and the term "the Client" shall refer to the
City of South Miami.
If you concur in all the foregoing and wish to direct us to proceed' with the
services, pleased have authorized persons execute this Agreement in the spaces
provided` below and return the letter to us. Fees and times stated in this
Agreement are valid for sixty (60) days after the date of this letter.
We are excited about working with you and the team on this project. Please call
me if you have any questions.
Very truly yours,
- SSOCIATES, INC.
D Coo , P.E.
Senior Vice President
Attachments: Standard Provisions
Agreed to this day of 2003
City of South Miami'
By:
Title:
Witness:
- WTAMVOLIIPROJECMiARKEnN�Zkyle \South Miami 030403 Propwal.dac
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71-717 7-TIR-1
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF
UNDERLYING PLAT FOR THE SOUTH MIAMI STATION OF THE
RAPID TRANSIT ZONE; THE PROPERTY BEING LOCATED WITHIN
A MIAMI -DADE COUNTY ZONING DISTRICT ENTITLED "STAGE I
FIXED- GUIDEWAY RAPID TRANSIT SYSTEM- DEVELOPMENT
ZONE.
BACKGROUND
The County is currently undertaking several developments at stations along the Metrorail line. The South
Miami Metrorail Station is located within a County designated Rapid Transit System Zoning District and
is subject to zoning standards and permitting procedures specified in Chapter 33C of the Miami-Dade
County Code.
Hometown Station Ltd., in conjunction with the Miami -Dade County Transit Agency, is undertaking a
development at the site of the South Miami Metrorail Station. On May 7, 2002, the City Commission,
after public hearing, adopted the Master Plan` Development, Standards for the South Miami Rapid Transit
Zone and approved the Hometown Station Development Project, a proposed mixed -use development at
the South Miami Metrorail Station (Resolution 62- 02- 11411).
REQUEST
On January 7, 2003, the City Commission approved the tentative plat for this property. At this time, the
Miami -Dade Transit Agency is requesting final City approval of the underlying plat for the Metrorail
Station development. The final plat will enable the previously approved mixed. -use development
containing a combination of office, retail, and residential space to go forward.
RECOMMENDATION
APPROVAL of the Final Plata
Attachments:
Draft Resolution
Hometown Station May 7, 2002 Staff Report
Tentative Plat
SAY /R`
K: \Comm Items\2003 \04- 15- 03\Hometown Station Plat - report.doc
1
2 RESOLUTION NO.
3
4
5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
6 THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT
7 APPROVAL OF UNDERLYING PLAT FOR THE SOUTH MIAMI
8 STATION OF THE RAPID TRANSIT ZONE; THE PROPERTY
9 BEING LOCATED WITHIN A MIAMI -DADE COUNTY ZONING
10 DISTRICT ENTITLED "STAGE 1 FIXED - GUIDEWAY RAPID
I l TRANSIT SYSTEM - DEVELOPMENT ZONE.
12_
13
14 WHEREAS, Hometown Station, Ltd. has submitted an application for approval of
15 Master Plan Development Standards for the . South Miami Rapid Transit Zone and for a
lb proposed Mixed -Use Development of the South Miami Metrorail Station; and
17
18 WHEREAS, on May 7, 2002, the City Commission, after public hearing, adopted the
19 Master Plan Development Standards for the South Miami Rapid Transit Zone and approved
20 the Hometown Station Development Project, a proposed mixed -use development at the South
21 Miami Metrorail Station (Resolution 62- 02- 11411); and
22
23 WHEREAS, Miami -Dade County and Miami -Dade Transit have requested final City of
24 South Miami approval of the underlying plat for the Metrorail Station property; and
25
26 WHEREAS, the Final Plat submitted, entitled "South Miami Station" conforms to the
27 approved Master Plan Development Standards and proposed Mixed -Use Development for the
28 Metrorail Station;
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1: That the final plat entitled "South Miami Station" is hereby approved.
34
35 Section 2: This resolution shall be effective immediately after the adoption hereof
36
37 PASSED AND ADOPTED this day of 2003.
38
39 ATTEST: APPROVED:
40
41
42
43 CITY CLERK" MAYOR
44
45
46
�.;��*.�- ,��c�,�aq° -�i,:: --fig.. w�- ."- ,� -r�;� s�`r �-s��- '��.., .,n� -, -•�;
I READ AND APPROVED AS TO FORM: Commission Vote
2 Mayor Feliu:
3 Vice Mayor Russell:
4 Commissioner_ Bethel:
5 Commissioner McRae;
6 Commissioner Wiscombe:
7 CITY ATTORNEY
SOUL Miami bAd
Cou I, a All -Am icaCity
INCORPORATED
1927
LORI 2001
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor & Date: May 7, 2002
City Commission
From: Charles Scurr Re: Item No.
City Manager Development Standards
South Miami Metrorail Project
Bequest:
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, REGARDING: (1) A REQUEST OF HOMETOWN STATION LTD.,
FOR APPROVAL OF MASTER PLAN DEVELOPMENT STANDARDS FOR THE
SOUTH MIAMI STATION OF THE RAPID TRANSIT ZONE; THE PROPERTY BEING
LOCATED WITHIN A MIAMI -DADE COUNTY' ZONING DISTRICT ENTITLED
"STAGE I FIXED - GUIDEWAY RAPID TRANSIT SYSTEM- DEVELOPMENT ZONE ";
AND (2) PRESENTATION OF PROPOSED CONCEPTUAL PLANS TO CONSTRUCT A
MIXED -USE DEVELOPMENT ADJACENT AND ATTACHED TO THE SOUTH
MIAMI METRORAIL STATION
BACKGROUND
The County is currently undertaking several developments at stations along the Metrorail line. An
applicant, Hometown Station Ltd., in conjunction with the Miami -Dade County Transit .Agency, is
proposing a development at the site of the South Miami Metrorail Station
The subject request is in two parts: (1) a request for City approval of proposed Master Plan Development
Standards for the South Miami Metrorail Station. These standards if adopted by the City of South Miami
would be applicable to any proposed development for the station.; (2) The second part of the request is a
presentation conceptual plans of a specific project for the station area by a developer, Hometown Station
Ltd. The plans are for a mixed use development containing' a combination of office, retail, and residential
space.
MASTER PLAN DEVELOPMENT STANDARDS
The South Miami Metrorail Station is located within a County designated Rapid Transit System Zoning
District and is subject to zoning standards and permitting procedures specified in Chapter 33C of the
Miami -Dade County Code. ( see Attachment "A ") These regulations also specify that development
standards (including allowable land uses) are to be prepared jointly by the County and the City for any
Rapid Transit Zone which is within a municipality. The Master Plan Development Standards for the
South Miami Rapid Transit Zone was prepared by the developer Hometown Station Ltd. and submitted to
Public Hearing
Hometown Station
May 7, 2002
Page 2
the Miami -Dade County Rapid Transit Developmental Impact Committee, which was made up of City
and County representatives.
The 'Master Plan Development Standards for the South < Miami Rapid Transit Zone are enclosed as
attachment to this report ( see Attachment "B "). This document includes a cover letter from the County
Manager, the recommendation of the County Impact Committee (pp. 1,2) and the specific standards (pp.
2 -7). The development standards includes sections on purpose, boundaries, existing uses,definitions,
development areas, development regulations, building height, permitted uses, architectural details, open
space landscaping, signage and site plan review criteria. These standards, once adopted by the City, are
to be used to guide future redevelopment on the site.
HOMETOWN STATION LTD. DEVELOPMENT PROJECT
The Miami-Dade County Code Section'33C- 2(D)(9)(c) provides for a process by which the County, shall
select a developer for a Rapid Transit Zone project. A` proposed development plan was prepared by
Hometown Station Ltd. and was submitted to the County. The project will be subject to site plan review
and final approval by the Board of County Commissioners. The County is seeking the City's comments
on the proposed development, which can be used by the Board of County ; Commissioners when it
formally reviews and acts upon the project. In order to assist the City Commission in reviewing the
project, the following site and development plan information is provided:
Site analysis
Surrounding Parcels
Proposed Development:
According to the applicant's submittal, the proposal; consists of three separate development areas. Area
"A is adjacent to the southwest edge of the existing garage, and extends west to the corner of SW 59th
Place and the entrance driveway near Sunset Drive. A new building is to be constructed here, which
could be as tall as eight (8) stories, which is the same as the maximum permitted building height along the
north side of Sunset Drive west of US 1
Area "B" is the area abutting the existing triangular garage, wrapping around the garage along the SW
59th Place and SW 70th Street facades. The proposal is to "wrap" the garage with a "liner building" which
would contain retail and residential "live -work units." This portion of the development would not exceed
five (5) stories in height.
Comprehensive Plan
Land Development Code
Actual Use
Existing Land Use
Existing Zoning District
Category
North
TODD
TODD (MU -4)
US Post office
TODD (LI -4)
Industrial Uses
East
Mixed Use Commercial/
SR Specialty Retail
Commercial
Residential
(Hometown District)
South
Mixed Use Commercial/
SR Specialty Retail
Commercial
Residential
(Hometown District)
West
TODD
TODD (MU -5)
Office Building and Garage
Mixed Use Commercial/
TODD (MU -4)
Residential
MO Medium Density Office
Proposed Development:
According to the applicant's submittal, the proposal; consists of three separate development areas. Area
"A is adjacent to the southwest edge of the existing garage, and extends west to the corner of SW 59th
Place and the entrance driveway near Sunset Drive. A new building is to be constructed here, which
could be as tall as eight (8) stories, which is the same as the maximum permitted building height along the
north side of Sunset Drive west of US 1
Area "B" is the area abutting the existing triangular garage, wrapping around the garage along the SW
59th Place and SW 70th Street facades. The proposal is to "wrap" the garage with a "liner building" which
would contain retail and residential "live -work units." This portion of the development would not exceed
five (5) stories in height.
Public Hearing
Hometown Station
May 7, 2002
Page 3
Area "C is the area above the existing triangular 'garage. The proposal is to add three additional stories
above the existing garage, which could be used for either commercial office, hotel or residential purposes.
Total building height would not exceed' eight (8) stories.
A general site plan showing the location of the three (3) development areas is attached.( see Attachment
"C "). A schematic illustration of the proposed development is contained in an attached color brochure
entitled "Hometown Station ". ( see Attachment "D" )
Building Placement
The proposed site plan shows the "liner building" wrapping around the existing parking garage, and built
to the "build -to" or property line fronting SW 59t' Place and SW 70th Street. These frontages would have
arcades or colonnades along the street, with public sidewalks underneath.
Parking Requirements
The development` standards were written to incorporate City of South Miami parking, standards for the
various uses proposed. A 25% parking reduction is included in the parking requirement calculations, to
take account of the mix of uses proposed and the location of the project within and directly adjacent to the
South Miami Metrorail station. The main parking area will be the existing 674 space triangular garage,
which will be entirely dedicated to the new development. A second, 1100 space garage, will remain in
use by the Metrorail station for transit riders.
Landscaping / Streetscape
The development standards call for the project to be landscaped as much as possible, including on the
rooftop of the garage. Open space must amount to 15 percent of the project.
Traffic Analysis
The developer has provided an in depth traffic analysis for the proposed Hometown Station project. The
report's Executive Summary (p. 1) sets forth `. (1) that the proposed project will not impact the level of
service on the existing roadways in the area; (2) that no specific roadway improvements are required to
accommodate the additional traffic generated by the proposed project. A'copy of the "Hometown Station
Traffic Analysis" is attached. ( see Attachment "E ")
STAFF OBSERVATIONS
(A) Master Plan Development Standards
The Master Plan Development Standards prepared for the South Miami Metrorail Station are compatible
with the design guidelines and development regulations contained in the City's own Transit Oriented
Development District (TODD). The standards are also designed to encourage mixed use„ high density
projects within the Station area, and to provide a pedestrian friendly atmosphere in keeping with the
South Miami Hometown District.
(B) Hometown Station Development Project_
The proposed mixed use project appears to incorporate most of the concepts specified in the Master Plan
Development Standards for the site and as such it is compatible with both the City's Hometown Plan and
the City's Transit Oriented Development District (TODD). The architectural design proposed' for the
buildings is consistent with nearby development in downtown South Miami, and respects the walkable,
pedestrian orientation that the City is striving for.
Public Hearing
Hometown Station
May 7, 2002
Page 4
PLANNING BOARD ACTION
The Planning Board at its April 30, 2002 meeting approved a motion recommending that the City
Commission adopt the proposed Master Plan Development Standards for the South Miami Rapid Transit
Zone and further recommended that the -City should support the proposed Hometown Station
Development Project as shown in the conceptual plans prepared by Hometown Station Ltd.
The motion was made by Mr. Comendeiro and seconded by Ms. Gibson. The motion was approved by a
vote of 6.0
RECOMMENDATION
It is recommended` that the City Commission A) adopt the proposed Master Plan Development Standards
for the South Miami Rapid Transit Zone; B) support the proposed Hometown Station Development
Project as shown in the conceptual plans prepared by Hometown Station Ltd. .
CS /RGL/ SAY
D: \Comm Items\2002 \05- 07 -02 \CM Report Home StationDevel standards.doc
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F��
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
-
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STREETS;`
5- AMENDING ORDINANCE NO. 01 -03 -1785 IN ORDER TO CORRECT
6 SCRIVENER'S ERROR AS TO STREET ADDRESS, APPROVING THE
7 TRANSFER JURISDICTION OVER CERTAIN STREETS TO MIAMI -DADS
8 COUNTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN
9 CONFLICT, AND AN EFFECTIVEDATE.
10
11 WHEREAS, the Mayor and City Commission of the City of South Miami enacted
12 Ordinance No. 01 -03 -1785 on January 21, 2003, approving the transfer jurisdiction over certain
13 streets to Miami -Dade County; and,
14
15 WHEREAS, the city has learned since the enactment of Ordinance No.. 01 -03 -1785 that
16 there was a scrivener's error as to an address listed in Area 1I1, itemized in the ordinance, which
17 must be corrected; and
18
19 WHEREAS, the Mayor and City Commission desire to amend Ordinance No. 01 -03-
20 1785 correcting the address listed in Area III;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 SgUion.l. Pursuant to the authority granted to local governments under sec.
26 335.0415 and sec. 337.29, Fla. Stat., the City of South Miami -hereby transfers jurisdiction to
27 Miami -Dade County over the rights -of -way for the streets listed below:
28
29 AREA 1;
30
31 1. SW 41st Street between SW 64th Avenue & SW 65th Avenue
32 2. SW 42nd Street between SW 64th Avenue & SW 65th Avenue
33 3. SW 42nd Terrace from SW 64th Avenue & SW 65th Avenue
34 4. SW 43rd Street from :SW 64th Avenue & SW 65th Avenue
35 5. SW 44th Street from SW 64th Avenue & SW 65th Avenue
36 6. SW 64th Avenue from Bird Road to SW 44th Street
37 7. SW 6th Avenue from Bird Road to SW 44th Street
38
39 AREA 2
40
41 1. SW 60th Place between Bird Road & SW 42nd Street
42 2. SW 60th Court from Bird Road to SW 44th Street
43 3. SW 59th Avenue from Bird Road to SW 42nd Terrace
44' 4. SW 58th Avenue from SW 41st Street to SW 44th Street
45 5. SW 41st Street from SW 58th Avenue to SW 60th Court
46 6. SW 42nd Street from SW 57th Avenue to SW 60th Court'
Additions shown by underlining
and deletions shown by evening;
1 7. SW 42nd Terrace from SW 57th Avenue to SW 60th Court
2
3 AREA 3
4
5 1. SW 48th Street from SW 58th Avenue to SW 63rd Avenue
6 2. SW 49th Street from SW 58th Avenue to SW 63rd Avenue,
7 3. ! SW 50th Street from SW 58th Avenue to SW 63rd Avenue`
8 4. SW 58th Avenue from SW 48th Street to SW 50th Terrace
9 5. SW 59th Avenue from SW 48th Street to SW 50th Terrace
10 6. SW 6e Place from SW 48th Street to SW 50th Terrace
11 7. SW 62nd Avenue from SW 48th Street to SW 50th Terrace
12 8. SW 63rd Avenue from SW 48th Street to SW 50th Terrace
13
14 A map depicting the corrected transferred rights -of -way is attached as app. 1. The transfer of
15 jurisdiction shall be effective upon the approval of a resolution or ordinance by Miami -Dade
16 County accepting this corrected transfer of jurisdiction. The city clerk is directed to deliver this
17 ordinance to the clerk for Miami -Dade County,
18
19 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
20 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
21 affect the validity of the remaining portions of this ordinance
22
23 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
24'' ordinance are repealed.
25:
26` Section 4. This ordinance shall be codified and included in the Code of Ordinances.
27
28 Section 5. This ordinance shall take effect immediately upon enactment.
29
30 PASSED AND ADOPTED this day of 2003.
31
32 ATTEST: APPROVED:
On
35 CITY CLERK MAYOR ;
36 COMMISSION VOTE:
37 l' Reading Mayor Feliu:
38 2nd Reading Vice Mayor Russell:
39 Commissioner Bethel:
40 Commissioner Wiscombe:'
41 READ AND APPROVED AS M FORM Commissioner McCrea:
42
43
44 CITY ATTORNEY
45
46
Additions shown by underlining and deletions shown by;ever-striking,