Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
04-22-03
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION 1. Approval of Minutes - March 18, 2003 2. City Manager's Report a) Report on recommendation of Restricted Residential Decal Area. b) Update on Capital Improvement Projects. c) Additional Information on proposed Retirement Incentive Program from City's actuary d) Report on estimated costs and products of a Forensic Audit. e) Report on development rights on Mandalstam property. f) Report on proposed City Administrative Reorganizations and required amendments to City Code, Chapter 2 —Article IL g) Review of Lobbyist fees. 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, AUTHORIZING THE CITY MANAGER TO ACCEPT A CHANGE IN THE MUTUAL AID AGREEMENT WITH THE HOMESTEAD POLICE DEPARTMENT ORIGINALLY APPROVED ON NOVEMBER 21, 2002; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS AND RECREATION; AUTHORIZING THE CITY MANAGER TO DISBURSE $37,858.90 FROM ACCOUNT 001- 0000' - 219 -3800 TO OFFISTATION TO FURNISH. THE MULTIPURPOSE CENTER; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVING THE CHURCH STREET IMPROVEMENTS - PHASE 1, CONSTRUCTION AREA; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) ORDINANCE ,(S) SECOND READING PUBLIC HEARING (S) None RESOLUTION (S) /PUBLIC HEARING (S'� None REGULAR CITY COMMISSION 2 AGENDA - April 22, 2003 RESOLUTION (S) 7. A; RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA', RELATING TO CITY MANAGER, CITY ATTORNEY AND CITY CLERK; ESTABLISHING GUIDELINES FOR EFFECTIVE COMMUNICATION WITH ELECTED OFFICIALS; PROVIDING AN EFFECTIVE DATE. (deferred from 'March 18th & April 15 2003) 3/5, (Commissioner McCrea) $. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO J.R.E. LEE ALTERNATIVE SCHOOL; PETITIONING MIAMI -DADE COUNTY SCHOOL'; BOARD TO RETURN J.R.E. LEE TO A COMMUNITY SCHOOL; PROVIDING FOR AN EFFECTIVE DATE; 3/5 (Commissioners McCrea) 9.- A'RESOLUTION OF THE MAYOR AND CITY COMMISSION` OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE SPECIAL WATER INFRASTRUCTURE GRANT FROM THE U.S. ENVIRONMENTAL PROTECTION: AGENCY IN THE AMOUNT OF $485,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. (City Manager) 3/5 1.0. "A RESOLUTION OF THE MAYOR AND "CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING. TO A SHORT TERM" EXTENSION UNTIL JUNE 2003, OF THE CITY OF SOUTH MIAMI AND NUI UTILITIES, INC.'S FRANCHISE AGREEMENT, AT 7 PERCENT UNTIL A NEW LONG TERM AGREEMENT IS NEGOTIATED AND EXECUTED IN JUNE, 2003;IPROVIDING AN EFFECTIVE DATE (City Attorney) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,: FLORIDA AUTHORIZING THE CITY MANAGER TO ENGAGE INTO A CONTRACT WITH TRUSCO CAPITAL MANAGEMENT' TO SERVE AS INVESTMENT MANAGER FOR THE CITY'S PENSION PLAN; CHARGING THE AMOUNT TO THE 'PENSION PLAN; PROVIDING AN EFFECTIVE DATE. 3/'5 (City Manager) ORDINANCE (S) FIRST READING (S) 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI:, FLORIDA, RELATING TO ENTERING INTO A NON- EXCLUSIVE GAS FRANCHISE AGREEMENT WITH NUI UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC 'RIGHTS REGULAR CITY COMMISSION 3 AGENDA - 'April 22, 2003 KOM OF WAY OF THE CITY OF SOUTH MIAMI, FLORIDA, AND PRESCRIBING THE TERMS AND - CONDITIONS UNDER WHICH THE FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (City Attorney) 3/5 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,I RELATED TO THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB), AMENDING SECTION 20-6.1(C) (1) (A) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO INCREASE MEMBERSHIP `OF'THE ERPB TO NINE MEMBERS AND REQUIRE THAT AT LEAST ONE MEMBER: BE FROM THE LANDSCAPE ARCHITECTURE 'PROFESSION ;', PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20- 33(D) ENTITLED "PERMITTED' USE SCHEDULE" BY CHANGING THE PERMISSIBILITY` OF "SOCIAL SERVICE AGENCY AS A PERMITTED USE IN THE CITY'S ZONING DISTRICTS PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE CODE ENFORCEMENT BOARD, AMENDING' SECTION, 20 -4.4 AND SECTION 20 -6.1 OF THE SOUTH MIAMI 'LAND DEVELOPMENT CODE, TO REPLACE REFERENCES TO THE CODE ENFORCEMENT BOARD, WHICH HAS BEEN ELIMINATED; PROVIDING FOR AN EFFECTIVE DATE 3/5 (City Manager) SPEAKERS: PLEASE TAKE NOTICE THAT SECTION 2' -2.100 (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 REGULAR CITY COMMISSION 4 AGENDA - April 22, 2003 PURSUANT TO FLA STATUTES 286.0105, -THE CITYHEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD,` AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A`RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION r� AGENDA - April 22, 2003 sour South Miami 01 ,. CITY OF SOUTH MIAMI NI- America City • INCORPORATED • Excellence, Integrity and Inclusion. 1927 A R ;O 2001 TO: Honorable Mayor, Vice Mayor DATE: April 22, 2003 & City Commissioners FROM: Sanford A. Youkilis ITEM NO. A Acting City Man RE: Report and recommendation of Restricted Residential Decal Area On Thursday the 10th of April City staff met with residents of the proposed residential restricted area and even though 285 notices were mailed out only eleven individuals showed up to the meeting. Six of the members represented multi - property units or owners (president of home owner associations) or managed leased properties. After two hours of discussions the following consensus was reached: 1) Grant restricted parking in the areas requested for a trial period of six months and revaluate same again 2) Concerns were raised regarding the parking problem that exist after working hours, when residents return home' and on weekends This office believes that the outcome of the meeting was positive and that staff s proposed recommendation would be an amicable preliminarily solution to be revaluated in six months. I. Recommendation: A) The enforcement of the Controlled Parking Residential Area ( "CPRA "), as described below, will begin 30 days after final approval from the City commission. B) Six months after implementation the program will be reevaluated to assess the effect, if any, on the adjacent neighbor residential areas. If warranted modification of the present policy will then take place. IL Proposed Location of the Controlled Parking Residential Area (CPRA): Enforcement of the CPRA will be limited to the following three areas: A. On 58, th Avenue (74th Terrace south through' and including N& M (east and west side). Page l of 3 WE This includes all those parking spaces on the east and west Side of 58th avenue between 74th Terrace and the end of N & M Townhouse Condominium Association (7500 -7530 S.W. 58th Avenue). This means all of 58th Avenue, both sides from 74th Terrace to the end of N & M on 58th Avenue, including Alca's portion on 58th Avenue. B. On 74th Terrace (South Side directly north of and in front of Alca Condominium: 5838 S.W. 74th Terrace. Only the South side of 74th Terrace (Alca's side) is included up to the single family house at 5864 S.W. 74 Terrace. C 74th Terrace (South Side between 57th Court and 58th avenue) Note: Luis Suarez's Group, 5770 -5786 S.W. 74th Terrace (Beginning at 5770 and ending on the side of 5786 on 58th Avenue). III. Distribution/Enforcement of Decals to owner or operator of a motor vehicle who resides above. A. CPRA will be enforceable from 6 PM to 7 AM, Monday - Friday and 24 hours on Saturday, Sunday and Holidays. B. Residential decals (no fee) available from the Finance Dept at City Hall. IV. Application for residential decals Residents of the restricted must provide name of owner or operator of motor vehicle, the residential address, the motor Vehicle's make, model, registration number, and the license tag numbers. Two (2) Forms of I.D. will be required to prove residency. a. Photo I.D, Driver's License, etc. b. Billing invoice showing name & address. V. Visitor Hanging Tags. Distribution of Hanging Tags for Visitors (Optional for Residents). Fee $5.00 for the first (6 mos.). Limited to one (1) tag per residential unit. Note: Visitor tags cannot be sold or bartered. Visitor tags are not to be used repeatedly by the same vehicle. Page 2 of 3 VI. Lost or Stolen Visitor ;Hanging Tags are not renewable until the end of the interim period (6 months). VIL Enforcement: Enforcement by both the Parking Directors' enforcement personnel and/or the South Miami Police Department: Note: The City will implement a "grace period of two weeks where warnings will be issued instead of citations: VIII. Signs New signs will be erected displaying times of enforcement. A total of twelve (12) new signs are warranted to properly identify the area of the new parking restrictions. The rest of the old "signs in the adjacent areas will be removed. i 'i i i i SAY /OMC /RL Page 3 of 3 �. .r, ^-R x,....,.,• < . ^s.:u -.- aW. *t^ea`^a .z .«�,,. -, - , fl F- , r.,— _ y:' .,.'; '`:, "---`tom ; ..,.,,cam' , a,« .,x::. F, , . • r - , . _ �-�� s, SO u r CITY OF SOUTH MIAMI South Miami' NI 4 Excellence, Integrity, Inclusion; INCORPORATED 1927 . O Rt9 P* 2001 TO: Sanford A. Youkilis DATE: April 18, 2003 Acting City Manager FROM: W. Ajibola Balo un ITEM No. 6 Public Works Director RE: Update on City's Capital Improvement projects As discussed, in light of the magnitude of Capital Improvement projects the department is currently working on, we recommend that the City Commission be advised of the projects' status monthly. As a result, we have attached the list of Active Projects, List of Funding Sources for the Active Projects and alist of Projects Completed within the last twelve months. During the next City Commission meeting, we plan to give a brief report on the seven projects lighted on the Active Projects list. Should you have any questions or comments, please do not hesitate to contact me. END OF MEMORANDUM F7717 , 7 F' ACTIVE PROJECTS Page _l_of — 003 Proj. No. Projects Budget /Cost 1 Snapper Creek Area Drainage - Phase I 290,380.00' 2 Sunset Drive Parking & Drainage Improvements 124,850.00 3 Multi- purpose Center Onsite /Offsite Improvements 335,351.83 4 Northend Drainage Improvements - Phase 11 ` 250,000.00 5 Snapper Creek Area Drainage - Phase I1 173,380.00 6 Permanent Traffic Circles 245,584.80' 7 Citywide Roadway Resurfacing Program 54,709.20 8 Citywide Sidewalk Repair Program 20,000.00 9 Church Street Improvement (Design Phase) 12400.00 10 Church Street Improvement (Construction Phase) 275,000.00 11 Downtown Infrastructure Improvements - Phase I 410,346.50 12 ' Downtown Infrastructure Improvements - Phase 11 918,420.00 13 Broad Canal Dredging & Mitigation - Area 1 673,725.81 14 Broad Canal Dredging &, Mitigation - Area 2 295,896.92 15 Ludlum Canal Dredging & Mitigation 3,700,000.00 16 Dante Fascell Park Tennis & Drainage Improvements 141,795.00 17 SW 49th St. Area (4800 Blk SW 64th Ct. & SW 49th Ter.) 300,000.00 18 Boat Ramp 20,935.00 19 Palmer Park Baseball field Drainage Improvements 29,579.00 20 Police Dept. Sanitary Sewer connection 13,000.00 BUDGET /COST GRAND TOTAL: $' 8,396,954.06; FUNDING SOURCES - ACTIVE PROJECTS Page _I—of _1 Date: April 2003' Proj. No. Projects Awarded/Budget 1 2001 Legislative Appropriations (SFWMD) 1,400,000.00 2 2002 Legislative Appropriations (SFWMD) 750,000.00 3 2002 OCED CDBG 250,000.00 4 State Tribal Assistance Grant 485,000.00 5 State Economic Development Initiative Grant 340,000.00 6 Traffic Calming Bond 300,000.00 7 Local Option Gas Tax 78,000.00 8 US Dept. of Commerce - Economic Development Assistance 800,000.00 9 2003 OCED CDBG 175,000.00 10 FEMA 4,840,996.73 11 Stormwater Utility 50,000.00 BUDGET /COST GRAND TOTAL: $' 9,468,996.73 COMPLETED PROJECTS Page _l_of _1_ (Projects completed within the last 12- months) Date: April 2003 Proj. No. Projects Budget /Cost 1 Watermain Extension —Phase 1A 500,526.00 2 ` Watermain Extension -Phase IB 342,781,00 3 SW 64th St. &SW 59th P1. Traffic Calming 200,000.00 4 Roadway Resurfacing Program' 70,629.12' 5 SW 41st St. Drainage & Parking Improvements 62,668.00 6 Northend Drainage Improvements - Phase I 413,399.89 7 Twin Lakes Drive Drainage ,Improvements - Phase 1 260,000.00 8 Citywide Drainage Improvements - Phase I 108,800.00 9 Temporary Traffic Circles 33,463.50 10 Sidewalk Repair Program 25,000.00 11 SW 71st Street Parking iLot 7,500.00 12 Fuch's Park Bathroom 30,000.00 BUDGET /COST GRAND TOTAL: $ 2,054,767.5'l n va•` . ,.'_, r . .pa '°... 5" t;, , a ''r . te?. `"' .. C .=t` _ aF,a` ...'� f u"„i�'l". ^.?. .eP ,as rsn+ f-. ,- � ""2i:s-' -rn—i- .`3 ^: r"7,k'+.�. Ilk" STATUS OF SOME OF OUR ACTIVE CAPITAL IMPROVEMENT PROJECTS 1. Permanent Traffic Circles:= STATUS: Construction - May 2003 final completion 2. Multi - purpose Center Onsite /Offsite Improvements: STATUS: Construction - May 2003 substantial completion 3. Sunset Drive Parking and Drainage Improvements: LOCATION: SW 72nd Street from SW 62 "d Avenue to SW 64th Court STATUS: Construction - May 2003 through August 2003. 4. Snapper Creek Drainage Improvements - Phase I: LOCATION: SW 86th Street from SW 58th Avenue to SW 60th Avenue SW 59th Avenue from SW 86th Street to SW 87th Street STATUS: Design - Completed Permitting - In progress Bidding - April 14, 2003 through May 13 2003 Construction (estimated date) - July 2003 through October 2003 5. Church. Street Improvements: LOCATION: SW 59th Place from SW 64th Street to SW 70th Street STATUS: Design (Overall) - In progress (40% complete) ; Permitting - In progress Bidding (Phase I— estimated) -June 2003 through July 2003 Const. (Phase I- estimated) - September 2003 through Dec 2003 6. Downtown Infrastructure Improvements — Phase 2: i LOCATION: SW 73rd Street from SW 57t' Court to SW 58' Court. SW 58th Avenue from SW 72 "d Street to SW 73rd Street STATUS: Design / Permitting - In progress (50% complete) Bidding (estimated date)' - May 2003 through June 2003 Construction (estimated date) - August 2003 through October 2003 March 2004 7. Ludlam Canal Dredging and Mitigation: LOCATION: Ludlam Glades Canal from SW 84th Street to SW 52"d Street STATUS'. Contract Award (estimated date)- June 2003 Construction (estimated` date) - July 2003 through December 2003 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To; Sandy Youkilis Date: April 16, 2003 Acting City Manager '41 From: Hakeem K. Oshikoya, CPA Subject: Retirement Incentives Finance Director Ordinance options j i These are some of the benefit options the City Commission may consider in providing incentives for those employees that might be interested in voluntarily retiring by the beginning of next fiscal year. i As I mentioned to you and the City Commission before, the amount of the savings is based on the assumption that the positions the .interested employees might be vacating would be left open for some time before the savings can truly be realized. Also, we need to communicate with each department head involved to determine how feasible it will be to keep the positions open without disruption of their services: i 1) Open a 90 -day window for the employees to make decision. 2) Provide a Rule of 70 retirement option that will allow those employees with combination of age and years of service totaling 70 to retire. 3) Agree to fully pay or share the cost of buyback with the employees opting to take advantage of the opportunity. Number of years to be paid for should be determined with this option. 4) Allow employees to buy back years to meet the rule of 70 option. 5) Options (2), (3) and (4) above may be offered separately or combined. 6) For those employees that do not benefit from options (2),(3) and (4), provide other: incentives like paying for health insurance cost for certain number, of years or provide some form of cash payments either lump sum or installment payments to them. Apr.1?, ?p13 4.^6PIN FISKE4CGViPANV;954) 2 6 -R60 No-447i P. r CERTIFIED P UBLIc A CCQUIVTAii 5 s . AND C ONSt7 COMPANY iM pia i.'I',NTS April 17, 2003 VIA 'FACSIMILE 305 -6 3 -6346 AND MAIL Mr. Hakeem 0shikoya Finance Director City of South Miami 6130 Sunset Drive South ;Miami, Florida 33143 Dear Mr. Oshikoya: This letter is an addendum to The letter dated March 25, 2003 be' rween the City of South Mimni (the "City ") and 1Fiske & Company. ` We were engaged to perform an initial phase of the engagement which included an analysis of the City's r, venues,'costs and expenses for the fiscal years ended 2000, 2001, 2002 and the five months of the current fiscal year. 2003 vith the objective of assisting with recommendations of controlling or reduciTag` those costs and eypenses, without adverse impact can the services you provide. If the initial phase of the engagement uncovers material errors or misappropriations, a second' phase twill be required to investigate the i aierial error or miscappropriatiozi fiuther. In this addendum, we agree to perfonn a second phase to the analysis if a material error or misappropriation is discovered in the first phase of the analysis. In the second phase, if Oecessary, we agree to .assist in investigating fu Icr hito the material error or im!gappropdati.on discovered in *Ae first phase, 6r a fee not to exceed $20,000. We do not anticipate a third phase to the analysis. All other terms set forth in The letter dated. March 25 2003 are not affected by this addendum. riIembers of: Americsn Institute. of C:ettsfied Pullc Accounts • Florida institute of Certified Public Accountants The Royal Palm Pxuiu: mg 1000 S. Pine Island Road, Suite 440 • Plantation, F cirida 33324 -3904 i�a } ? 3( -8600 • Fmimile (954'1 ?36 -8603 Websile: Emil, f ftlfiskepn:com i7, 0003 4.211 PM F1SKEtwO'VIIPANY 19 4' 2 3F; 8601 No.4477 P. i3 Mr. Hakeem Qshikoya April 17, 2403 'age ? of 2 'lease sign below if the foregoing sersJi s described izr this letter are. in accordanGe with your regairements and are acceptable to you. Very tauly yoIxrs, Fisk-0 & Company Alan F. Fiske, CJPA/ABV Accepted: Hakee' Os.hakoya, CPA y Date �' M ,Fivaaee Director City of South Miami Mar .26 2003,4 E 5S,PM. FISKc +C0'APAhJY '9F,4) 2) 6-8603 No• <.966 P. '2/4 TIC €ItTIFIED'PUSLIc ACCOUNTANTS COMPANY AND CONSULTANT$ March 25, 2003; Mr. Hakeern 0shikoya Finant,e Director City of South Miami 6130 Sunset Drive South Miami., Flozada 33143 Dear Mr.'Dshikoya: Our Understendinz of Our ,Rode We are pleased to submit this letter outlining the terms of our engagement to atialyze the revenues, casts and operating expenses of the city of South \Wami C' City"). Otir initial phase of the engagement will include an. analysis of the city's revenues, costs and expenses for the fiscal years ended 2000, 2001, 20021 and the five months of the current fiscal year 2003 with the objective of assisting with recommendations of controlling or reducing those costs and expenses, without adverse impact on the services you provide. If the initial phase of the engagement uncovers material errors or misappropriations, a second phase will he required to investigate the material error or misappropriation Ruther. The involvement of you and your staff, is critical to the success of the engagement. T'here'fore, we will need to meet with you and members of your staff several times during the engagement, and we will provide ample notice to arrange these meetings. Any written reports or other documents which; Z prepare are to be used only for, the purpose of this i atter and may not be published or used for any other purpose without My written consent. Conflicts We performed an internal search for any. potential client conflicts based on the names of the parties you provided, We have not found any client conflicts with respect to any of the parties. i imitation 0 Liabilxl I lerribers of American ka tute of Certified Pubh-c Amounts Florida institute of rertL ed Public. Acc6imtan" The Royal Palm Building. 1000 S. Pine Island Road, Suite 440 - Plenrazxon r londa. 33324-.3904 (954) 236 -8600 • l✓ac>imile (954) 236 -$603 bVeb site. httpolmm� r fiskeco.com -'Email: fske. @fi eco.corn Via r.25). 2003 6:52P1,1 F1SKE +CUP ANY (9F,4)23 -860 �d�.�;g80 P- '/4 ?vir. Hake 0shiko, March 25, 2003 Page 2 of 4 You agree to hold our firm, its paitam, , 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 taken by us in good faith. In no event tvi1l our firm be liable for incidental or consequential damages evert if we have been advised of the possibility of such damages. Project Stafcn.,g and Fees I will participate as prpject partner, maintaining overall project responsibility for staffutg, gaity control, billing, and client relations.' We bill on a time *td expertise basis with oux fees determined by the tasks xequiTed and time spent. We try to use the least expensive staff appropriate for a +articular task. Obviously, scheftle preparation and accounting vefi cation may often be done by junior. staff. More expedeo.ced people MAY be needed, however, for review of other documents. Our rates are adjusted from time 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, compiiter charges, travel, messengers, and photocopying. All fees and expenses are not contingent on the final results, nor do we guarantee any result or resolution in this matter. Based on the infoixnation presently available, we estimate that fees for the initial phase of the engagement not to exceed $12,000. If the second phase discussed above is required, we will do another a.ssessmint at that titne regarding the fees for the second phase. Invoices will be presented monthly and are due on presentation. Invoicess, on which pa�ir',.ent is not receive within 30 days shall accrue late charges at 1.5 percent (or the highest rate allowable by law) per mouth ccznpounded. We recerw�e the right to halt fits *her services until payment on past due iztvoices is received. Our normal practice is to obtain a retainer, and we are hereby requesting such a retainer of 5, 000. The retainer will be held against the final invoice for the eugagemexit; any twused retaine% will, of course, be retundad. In the event that collection procedures are required, The City of South Miami. agrees to pay all exxpenses of collection: and all attorneys' fees and costs actually incurred ;by our firm in connection with such collection, whether or not suit is filed thereon.' If litigation is required regarding collection with account, we will be paid our hourly rates for all time actually expended by our fig ire. connection wfth such action.. You, will advise us, with sufficient notice, of the work to be performed by us. Should information. become _k own that would make our continued iavelvement, in this engagement iriappropriate, we reserve the right to- withdraw from this engagement. �.., . rw { ;�r rrgt ��'� 1, rr- r, t — a- :V,r�C., ,IPAIN :914, F,0 . N ...t:�0 �. 4!4 Mr. Hakeem ashikoya March 25, 2003 Page 3of3 If Lbi:s sums nary is cpnsistent with your own understanding and intent, please sign the enclosed copy of the letter in the space provided an,d return it to 'nae. We appreciate the opportunity to work with you and look forward to you prompt response.' If we are called upon to attend any meetings or hearings after the report is presented, we will he paid our normal billing rate. very. truly ?yours., Alan P. Fiske, CPA/ABti' I"iske &. Company The Services described in this letter are in accordance with our requirements and are acceptable to me. Accepted: Hake= QsWk -oya, CPA Date Finance Director City of South Miami LEUIS FREEMAN INC: Fax:3054445436 Apr. 18 ,03 16;35 P.02 April 18, 2003 Via facsimilie 305 - 663 -6346 Mr, Hakern Oshikova Financial Director y City of South Miami 6130 Sunset Drive South Miami, F1 :331:56' Rey., Forensic Accoundn2 Dear Mr. Oshikova, The purpose of this letter is to summarize our understanding of the assistance that we will proOde to the City of South Mimm, Our objective is to provide foretisic accounting, consult n& and in est gati -rt seaviees to the City of South Miami, The information, reports, summaries, opinions and impressions that we obtain., prepare: or deduce will be deemed work product. We will review the documents you supply us and `give you direction on any additional types of information -we will require. Lewis B Freeman & Partners, Iris (LBF) proposes that the work be undertaken in t wo phases. Phase I would be the preliminary investigation and review of all financial information of the past three years including, but not limited toy the audited financial statements, the budgets, the cash flow projections, the Senera.l ledgers; and the cash disbursements/ cash receipts ledgers. We propose that the cost for the Phase I investigation shall be capped at $2i,040 and the cost of Phase it will be determined upon completion of the first phase: Our principals will be billed at the hourly rate of $173 to $325 per hour. Litigation support conwItants will be billed at SO to $150 per hour depending on their expertise and experience. Irl addition, you will be responsible for arty out -of- packet expenses incurred, including but 'not :limited to, travel, lodging, etc. We will submit detailed invoices reflecting the dates, specific nature of the services performed and the costs incurred, if any, to your attention every month. We are certain; you reGognize that it is difficult to estimate the amount of time this ensgagernent may require. The time involved depends on the extent and nature of available inforination as well as the developments that may occur as work progresses, It is our intention to work closely with you to structure our 'work so the appropriate personnel f orn our staff are assigned to the various tasks in order to keep fees at a 0 2601 South Bayahtzte Driver 19ch Fluor + Gjco we Gwye, RcaAd X3133 + Ceiephnpe: {305} 3 -6622 + ($00) 321-4758 • Faacsimile: (30]) 285-3441 0 66001*f1k`i 16th Stmot, Sustc I 1 + Phmtadon, Florida 33$13 • Telephonc. { 954} 321.33 89 + P=imiie (954) 321 -3390 0 777111orch Flagtec Drive, Suht 800 Wesc * 1' at Faint beach, flor €de 33401 • Telephancr (541, 515.6022. Facsimile: (561) 515 -612' �Gebs�ce: w�rrvr:ih4'rniam's.ccrr, ' E UL'S EREEMA,1.1 Ih41O. Fax-3054445436 Apr '03 16:35 P.03 Hakena .4 ril 18, 2003 Page z minimum, [t is understood that by agreeing to review - the documents and ariv other pertinent` information that there are no assurances that we wvi;ll be able to reader an opinior, that is favorable to the city. Our fees are not cantingent can the results obtained in t'nis matter. We. do riot warrant or predict results or the outcome of this issue, If the terms and conditions are agreeable to you, please sign the enclosed copy and return it to us along with a retainer chock in the amount of $1,500.00. If anything comes to our attention that requires work outside the scope of this engagement, we will ad`ise you immediately, We look forward to working with you; Very trul v yours, LE jiffs FREEMAN & PARTNERS, INC. rl � ndy roner Prirc` at A r d and A,t (,e tcd: Hakertg Oshikova Date' rinance Director City' of South Miami A remle .Awaun €irig mnd Consulting © co U T� South Miami AI1- Amicihr U INCORPORATED. 1927 �ORIO 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: April 22, 2003_ City Commission A Re: Item No. From: Sanford A. Youkilis Gulliver Gym School Acting City Manage Construction of New Building Regarding the building of a new addition at the South Miami Gymnastics School at 8530 Red Road, the following information has been supplied by Richard Lorber, Planning & Zoning Director. The relevant Court Order is dated January ,9`h , 1992, by Judge Murray Goldman of ` the 1 -1t" Circuit Appellate Division, in Case No. 87 -063 AP, The City Commission of the City of South Miami, Defendant Appellant, Vs. Rod and Carol and Mandelstam, Violet L. Wilson, Plaintiff /Appellees. The copy of the 1992 court order contained within the City's files makes no mention of an expiration date. As far as we know, the City has acted according to the dictate of the court order ever since, and we have not been made aware of any expiration of the court order. Neither the height of the project, nor the number of parking spaces, would meet the requirements of today's Land Development Code. A review of the project files indicates, however, that the project was approved by the City as a PUD, and subsequently upheld in Court, and that the project could go ahead with 45 parking spaces and up to 60 feet in height, the height permitted by the City Code in force at the time of approval. This documentation is contained within the thousands of pages we have on file, and a selection of which is attached. The legal opinion of John Dellagloria, City Attorney at time, is also attached. SAY/RGL KACity Manager Letters \auditorium report.doc CITY OF SOUTH MIAML INTEROFFICE MEMORANDUM To: Charles D. Scurr, City Manager From: Richard G. Lorber, Planning Director Subrata Basu, ACM/ Community Development Director Subject: Mr; Rod Mandelstam/ South Miami Gymnastic School Date: December 18,2000 Mr. Mandelstam has requested approval of a "Minor Change" resulting in several modifications to his PD -H (School)(Attachment A). As you know a number of "Minor Changes" (Attachment B) have been previously granted to this project which resulted in both increased building area and additional lot coverage from what was originally approved by the ERPB and what the Court considered as the final plan (Attachment C). This request with all the previously approved changes have a cumulative impact on the overall density of the project through increased programming, increased staffing and simply by the increased volume, area and the lot coverage of the buildings. The fragmented and isolated requests for "Minor Change" are not conducive to understanding the overall impact of these requests. I have, therefore, asked Mr. Mandlestam that he submit a request that includes all his future needs. The City can then review his needs in a more comprehensive manner and determine the request constitute a minor change. He has assured me that this request represents such a long -term; goal and there will not be a need for any more requests for "Minor Changes" involving lot coverage and building' area. The changes proposed here are anticipated to be completed in phases over a period of time. The present request for a change will add an additional 3,968 sqft to the project with total lot coverage of 29.35 %. The request involves three specific components of the school. They are: a) expanding the ground floor of the "Future Building" by adding 863 sqft; b) closing in an area of 517 sqft between classrooms along the northern property line; and c) adding an additional floor over the existing one story classrooms along the northern property line resulting in additional area of 2,588 sqft. Mr. Mandelstam is basing his request on his understanding that he is entitled to additional areas up to the maximum building coverage allowed by the applicable code through "minor change" process. According to 1.971 Code "minor changes, not involving increases in residential or other densities or floor area ratio,` may be permitted by the City Manager upon' application to the Director of the Department of Building, Zoning, and Community Development by the original applicants or their successors in interest, but only upon finding by the City South Miami Gymnastic School Page '2 of November 30, 2000_ Manager that such approval will result in the project meeting the same requirements as for approval of the original approved plans." The present Code which defines a major change as one "...which_ would have the effect of increasing densities or redistributing square footage or altering the height or use of a development is a major change." Consequently, any change that does not have the effect of increasing densities or redistributing square footage or alter the height or use of a development will be considered a minor change. In reviewing the request I have the following observations: ■ John Dellagloria, who was the City Attorney at the time the project was approved concurs with Mr. Mandelstam's assertion that he is entitled to go up to 30% o building coverage through minor change process (Attachment,D). ■ Then City Attorney Martin D. Berg in his memorandum dated November 1, 1990 to Sonia Lama, B & Z Director opined that "the court decision do not make reference to any specific plan, such that both Mr. Mandelstam and the City can require new and/ or amend plans, provided they are in compliance with the applicable code (Attachment E)." ■ Even though there are no clear directions in any of the approvals with regards to criteria to be used to evaluate future expansions, it is clear, however, from both the previous City Attorneys that there was certain understanding and expectations in that regard. "Minor Change" process was acknowledged as the vehicle to do that. This has been further legitimized by the subsequent approvals that increased the floor area and the lot coverage. ■ Earl Gallop maintains that all changes to the approved plan, minor or major, are governed by current code requirements (Attachment F). ■ The City Resolution no. 10- 87 -7003A approving the project leaves out any reference to any specific site plan (Attachment G) ■ Plans dated April '8 1991 received final approval from ERPB on October 15, 1991 and was considered the final approved plans by the Court Order dated January 9, 1992 and has a total building area of 19,661 sgft, 21 % o lot coverage and 45 p: arking spaces (Attachment Q. ■ The City has previously in four different occasions approved changes resulting in additional floor areas and additional lot coverage to the project' through minor change process with a total sgft'of 35,720, 28.78% lot coverage and 45 parking spaces (Attachment B). If this request is approved, the project will have a total of 39,686 sgft, a lot i coverage of 29.35 % and 45 parking spaces. ■ Maximum. Building Coverage allowed in RS-31 is 30% under both the 1971 code and current code, South Miami Gymnastic School Page 3 of 4 November 30, 2000 ■ The underlying zoning is RS3, which is a low density residential. The density for such `a residential development is generally measured through Building or Lot Coverage. Units per Acre measure multifamily or higher density residential projects. Density for non - residential projects is generally measured through Floor Area Ratio (FAR). This development is a PD -H (School) and is a non - residential development. The criteria for measuring density for a single family home and a Planned Development such as this one are simply not compatible. As a result projects like this one are approved through Special Use approval process so that the development criteria can be established specifically for the project during the approval process. The approved plan generally represents and defines the parameters for the specific project. In this case.the approved plan does not establish what criteria to use for future changes. One can argue that for lack of any established criteria in the approved plans, the only available standard of Building Coverage for RS3 zoning classification should be used to evaluate density of the project. The cumulative effect of these changes that more than doubles the project floor area; however, the requested amount of floor area is within the allowable Building Coverage. • It is generally accepted fact that the project has not created any significant adverse impact in surrounding residential area; • The additional floor area previously approved through "minor changes" did not address any additional parking requirements. The cumulative impact of the increased floor areas, previously approved and currently requested, is expected to have an impact on the available parking spaces. ■ Outstanding issues to resolve with Mr.' Mandlestam are: a) sidewalk along the front of the property, b) Right of Way dedication along Red Road, c) limitation on student enrollment, ``and d) parking. These observations indicate that the project with the last "Minor Change" approval in October 211 1998 has already reached a'lot coverage of 28.78% My recommendations for the three components of the current request are as follows: a) The expansion of the future building by 863sq.ft.: I recommend approval, subject to the architect addressing: a) the treatment of the fagade fronting onto` Red Road to insure the proper appearance to the street, and b) the proposed massing be stepped back to minimize the imposing visual impact of the building from the street. The proposed expansion does not alter the lot coverage. b) Closing of a 517sgft of breezeway between classrooms: I recommend approval. This will bring the lot coverage to 29.35 1/o. c) The request to add a:second floor to an existing one story classroom building: I recommend approval. This request does not alter the lot coverage. 3 South Miami Gymnastic School Page 4 of 4 November 30, 2000 Note that all construction must also be approved by the Environmental Review and Preservation Board (ERPB). I also believe that any more approval and or issuance of building permit should be contingent upon Mr. Mandlestam's agreeing on completing the following items. 1, Red Road right of way dedication, a condition of the Resolution No _10- 87 -7003A 2. Constructing the sidewalk along the front (east) his Constructing g ( ) property . 3. Establishing measurable criteria for limiting student enrollment 4. Parking analysis 5. Removal of the temporary classroom structures after completion of the future building. Thank you and let me know when we can finalize this request. a i i i i . i - i i I �I i SOUTH MIAMI GYMNASTICS CENTER 8530 Red Road - South Miami, FL .3143 January 8, . 220 01 Mr. Charles Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Scurr, I hereby notify you of a minor change to the project known as the South Miami Gymnastic School (also known as Gulliver South Miami Campus) located of 8512 -8530 Red Road in South Miami. For your review, I have enclosed side -by side site plans, one of which shows the existing structures with the presently approved "Future Building ", the other shows the requested change (SITE PLAN' PROPOSED). More specifically, with regard to the "Future Building", designated as A on the SITE 'PLAN PROPOSED ( "SITE "), the request is to add to the ground floor ± 863 sq. ft., (phase I). The height of the "Future Building" will be in accordance per the provisions of Section 8 -2 -2 of the previous Zoning Code ,(1971` -1989) as previously approved. Further, with respect to the EXISTING (one story) CLASS ROOMS which are located on the northern boundary of the property, the request is (i) to close in what is now a breezeway designated D on the "SITE ", adding an additional ± 517 sq. ft. and (ii) to add a second floor to these one -story classrooms (phase II). I understand that issuance of a building permit will be contingent on completing the following: 1. Dedication of the Red Road right of way, a Condition of Resolution No. 10 -87 -7003 A. 2. Construction . of a sidewalk along the front (east) of the subject property prior to issuance of a certificate of occupancy. 3. Establishing measurable criteria for limiting student enrollment. Herein is a reaffirmation that the elementary school will be limited to 120 students. 4. Parking analysis- phase II 5. The temporary classroom structure will be removed after completion of the "Future Building" I Please expedite so that Mr. Hochstim may proceed. Respectfully Submitted, _41 ?_� J f C r I z \ z 0 - -+3 oN { 0 NZ e - - - -- - - -- A N (1 m �U iD m Lo I N % 0 I :... - In �. 0 NZ -1m Z ' W (p — o�E Z °nE p V, rgul ° r0ED fn �- — — — — — —� � L• r�n0� Z my 0(10 0 �. DpO c ZA a p 0 D A D ; cn. r I m n rmD � a �IDN ®D` n 0 88 x ADD rD 0 A D m @ fff � m 0 D q DD O - m p AAm N 0 0. 770 O 9 --- -- -- -- A DD m I W ' I Ij m- A (Ti NNB b LP Z to 51 �n �U < �- i Arc hMENT : A SOUTH MIAMI GYMNASTICS CENTER 8530 Red Road - South Miami, FL 33143 October 26, 2000 Mr. Subrata Basu Assistant City Manager City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Basu: I hereby notify you of a minor change to the project known as the South Miami Gymnastic School (also known as Gulliver South Miami Campus) located at 8530 -8512 Red Road in South Miami. For your review, I have enclosed side -by -side site plans, one of which shows the existing structures with the presently approved "Future Building, "_the other shows the requested change. The change involves two specific components of the school (i) adding 863 sq. ft. to the footprint of the "Future Building" (ii) changing the 1 story classrooms along the northern property line into 2 stories and closing in the area between the classrooms thereby adding an additional 520 sq. ft. of footprint. Mr. John Dellagloria Esq., the then City Attorney who drafted Resolution No. 10-87 - 7003A which controls the project, has confirmed to you that it was the intent of the Resolution to allow us as a matter of right, all minor changes which would result in the project meeting the same requirements as for approval of the original approved plans. When the original plans for the school were approved, we the applicant, met all of the requirements of the Planned` Development Section. None of the proposed changes, herein, _ require variances or violate any provision of the City's Zoning Code, and had they been part of the original submittal, would have met the requirements for approval. As discussed with you, upon approval of this request, I will begin the process of dedication of the right -of -way west of Red Road. Please expedite so that Mr. Hochstim may proceed with the final design. Respectfully submitted, I I..0-.55.. I I I <n N x ===r� ALL,( II Q I I Vt v I� j LU w- L -- w II � I I s ° w p U 0 U x I I m I (] w Q oo x o 10 b ( Z y°q mho LL �U2 U 01 J.N� z IL U �. f�— — — — — — — — W :3 0 LL I _ . I - a I q W �.. U +W- -- ----------- a dT _ J 1 e } Z o W �PL " aL 10 d QQ I N L d I HOCHSTIM • KRANTZ ARCHI"rECTS 5940 S.W. 73 STREET, SUITE 101, S. MIAMII, FL 33143 TEL 305- 666 -0966 FAX: 305- 667 -B740 JAN HOCHSTIM A I A FL RA #3120 HOCH. -CrIM @ 9EI LSOUTH.NET ADAM E. KRANTZ FL RA #15568 ARCHPEK @ 4EL CSOUTH.NET October 24, 2000 Mr. Subrata Basu Assistant City Manager City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33.143 RE, 8512 -8530 Red Road P.U.D. South Miami Gymnastics School Dear Subrata, The design of the addition to the South Miami Gymnastics Center which Mr. Mandelstam currently seeks is a leap forward in the development of the project. In addition to the present request for a change in the configuration of the primary building, the opportunity to relate it to the existing classroom buildings through the eventual enclosure of the area around the existing cistern, and , future construction of a second story over the existing classrooms, will result in a much better sense of "campus" than in earlier design schemes. We will be able to tie in the functions of the new building with that of the classrooms by allowing both to share the stairs and elevator, and as a result of simplifying and relocating these elements, we will be able to move the new construction further away from the existing cottage. Adding a second story to the existing classrooms will help reduce the contrast in scale between them and the primary building, as well as blend them more successfully into the context of the existing two story residential neighborhood to the north. The attached site plan comparison demonstrates these improvements over the previously approved scheme. Please feel free to contact me or Adam if you should have any questions or comments for us concerning Mr. Mandelstam's request for approval. Yours truly, Jan Hochstim c.c. Mr. Rod Mandelstam HOCHSTIM • KRANTZ ARCHITECTS 5940 S.W. 73 STREET, SUITE 101, & MIAMII, FL 33143 TEL.• 305 -666 -0966 FAX: 305- 667 -8740 JAN HOCHSTIM A I A FL RA #3120 HOCHSTIM @ BELLSOUTH.NEr ADAM E. KRANTZ FL RA #15568 ARCHAEK -@ BELLSOUTH.NET November 21, 2000 Mr. Subrata Basu Assistant City Manager City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 RE 8512 -8530 Red Road P.U.D. South Miami Gymnastics School Dear Subrata, Per your request, here are the square footage figures for the South Miami Gymnastics Center project: 1) Total Square Footage of all buildings a. Existing (includes gymnasium, cottage, classroom buildings, and balcony level inside gymnasium: 25,651.60 square feet. b. Proposed (includes new school building first and second floors, new elevator tower, new classroom' inf ll at ground level, and new classrooms on second floor). 14,034.03 square feet C. Total: 39,685.63 square feet 2) Proposed Lot Coverage a. Existing buildings: 19,202.50 square feet b. Existing portico: 365.75 square feet C. Proposed buildings: 5,449.10 square feet d. Proposed portico: 1,215.50 square feet e. TOTAL: 26,232.85 square feet f. Size of Lot: 89,385.1`6 square feet g. Proposed Lot Coverage (e = 0: 29.35% o Yours truly, 6 Jan Ilochstrii �,M w_ a. - _. c.c. Mr. Rod Mandelstam Attachment B "Minor Change" List The plans dated April 8, 1991 and approved by the ERPB on October 15, 1991 was recognized by the Court Order dated January 9, 1992 as the final development_ plans. The Court also ruled that these plans were identical to the plans approved by the Court on September 26 1991 Order. Approved Plan; Total Building Floor area 19,661 sqft/ Lot Coverage 210/o/ Parking 45 spaces s Minor Change #1 Feb 8, 1996/ Temporary Classroom; 700 sgft. To be removed once approved permanent classrooms are built. Minor Change #2 Sep 25, 1996/ Modification to "Future Building;" additional square approved footage on the second floor and an addition of abasement. Total "Future Building" square footage increased from 3,850 s ft to 7,850 s ft. Minor Change #3 Aug 18, 1997/ Arcade excluded from lot coverage calculation approved Minor Change #4 Dec 4, 1997/ Add rear accessory structure; 720 sqft approved Minor Change #5 July 26, 1998/ Modification to "Future Building;" additional square approved footage on first and isecond floors and delete the basement. Total "Future Building" square footage increased from 7,850 s ft to 10,000 s ft Minor Change #6 Oct 21, 1998/ Reducing setback from Red Road from 60 feet to 55 feet approved Minor Change #7 Oct 26, 2000/ Modification to "Future Building" and to existing class request pending rooms resulting in additional floor area of 3,968 sgft ATrAtm6NT C Fine Jacobson Schwartz Nash Block & England 100 Southeast 2nd Street Miami, Florida 33131 -2130 (305) 577- 4000 Fax (305) 577 - 4088 January 14, 1992 William Hampton CITY MANAGER'S OFFICE C ' +-v of coy, +h 14yam1 6130 Sunset -" Drive South Miami, FL 33143 Re: Rodney and Carol Mandelstam, 8530 -8512 Red Road, South < Miami, Florida Dear Mr. Hampton: Please accept this letter as our formal request "for "the City of South Miami to continue processing the above styled building permit application. On October 15, 1991, the City's Environmental Review and Preservation Board approved the final plan of development for the above styled project. The final 'approval of the ERP was not appealed pursuant to Section 11 - -3 -5 of the City of South Miami Code, and accordingly, constitutes the final order. This position was further buttressed by a recent Order Vacating Stay executed by the Honorable Judge Murray Goldman which is attached hereto for your edification. Failure of the City to continue to process our plans in accordance with its rules and ,regal atIons will further- constitute additional bad faith by the City.of Miami and subject the City to additional damages for its prior conduct in regard to the Mandelstam application. Your failure to timely process our building permit application will leave us no recourse than to seek appropriate judicial relief including but not limited to an attorney's fees in accordance with the appropriate rules of civil procedure. Barnett Bank Plaza . Suite 1100 First Florida Bank Tower One East Broward Bouleoard 215 South Monroe Street . Suite 804 Ft. Lauderdale, Flodda 33301 -3880 Tallahassu, Florida 32301 -1859 (305) 462 -2800 (904) 222 -7000 Fax (305) 527 -8747 Fax (904) 681 -6851 IN THE CIRCUIT COURT, OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 87 -063 AP FLA. BAR NO. _143648 THE CITY COMMISSION OF THE ) CITY OF SOUTH MIAMI,' ) Defendant - Appellant, ) VS. ) ROD AND CAROL MANDELSTAM, ) VIOLET. L. WILSON AND ) Plaintiffs /Appellees. ) ORDER VACAT ur STAY THIS CAUSE Came on to be heard pursuant to Appellees' Motion to Vacate Stay and Impose Lawful Conditions, and the Court having reviewed detailed Memoranda of Law both in support of and in opposition to the motion and having heard oral argument of respective legal counsel, the Court herein makes the following findings: 1. Rule 9.310(b)(2) of the Fla. R. App. P., provides that upon a timely filing of a lJotice of Appeal, public bodies and public officials shall be afforded an automatic stay. The Rule further provides that upon a Motion, the Lower Tribunal may extend a stay, impose any lawful conditions or vacate the stay. - Case No. 87 -063 AP 2. The Court recognizes that a Motion to Vacate a Stay against 'a governmental entity should be granted only under the most compelling circumstances. 3. That following the entry of this Court's 'Order of September 26, 1991 (the Order presently under appeal to the Third District Court of Appeal), the Appellees appeared before the City's Environmental Review and Preservation Board (ERPB) seeking' approval of their final plan of development after the City'" staff's determination that the applicant met all City zoning requirements as required by the City Code. At the October 15, 1991 hearing of the ERPB,, the 'ERPB voted to approve the final plan of development which included the locution and massing of. buildings as shown on the Mandelstam's -April 8, 1991 site plan. This was the identical plan which was approved by this Court in its September 26, 1991 Order. Pursuant to Section 11 -3 -5 of the City of South Miami Code: "All decisions and recommendations of the Environmental Review and Preservation Board shall be considered final 'unless within fif- teen (15) days of said decision, an appeal to the City Commission shall be filed with the City Clerk upon a form prescribed therefor. Appeals may be taken by the applicant, inter- ested citizens, or the City Administration According to arguments advanced by Appellees, which was not disputed by the Appellant, City, no appeal was taken from the final Order of the 'ERPB'of its October 15, 1991 meeting. Accord- ingly, the approval of the April 8, 1991, site plan of the -2- Case No. 87 -063 AP Mandelstams is now final and not subject to further review by this Court nor can the City collaterally attack the Order of the Board. Y It is a cardinal rule of law in Florida that one must exhaust a statutorily proscribed administrative remedy prior to seeking recourse to the Courts. Pushkin v. Lombard, 279 So.2d 79' (Fla. 3d DCA 1973); Odham v. Foremost Dairies, Inc., 128 So.2d 586 (Fla. 1961). This rule of law has been consistently made applicable to the enforcement of zoning ordinances. DeCarlo v. Town of West Miami, 40 So.2d 596 (Fla. 1951); Milich v. Metropol- itan Dade. County, 263 So.2d 263 (Fla. 3rd DCA 1972); 011os v. Dade Couinty, 242 So.2d 468 (Fla. 3rd DCA 1970); Planning and Zon- ing Board of the Town of Orange Park y. Kager, 351 So.2d 402 (Fla. lit DCA 1977); City of Gainesville v. Republic Investment Faro., 480 So.2d 1344 (Fla. 1st DCA 1985). In Hennessey v. City of Fort Lauderdale, 101 So.2d 176, j 178, (Fla. 2nd DCA 1958)the Second District Court of Appeals' stated the black letter law on the subject: 1 Florida Jurisprudence, "Administrative Law ", 5175, "Exhaustion of Administrative Remedies ", pg. 401, provides as follows: "The doctrine of exhaustion of adminis- trative remedies, which is related to the doctrine of primary jurisdiction, requires that where an administrative remedy is pro - vided by statute, relief must be sought by exhausting this remedy before the courts will act." Thus, where administrative remedies were available, it has been held that resort to the courts for certiorari" or injunction was premature. The Supreme Court has also -3- Case No. 87 -063 AP held that no appeal to -a court would lie, under a statute providing therefor. where the appellant -had "a right to take and administra- tive appeal, which he did not do within the time provided`'and this decision has been said to rest on the doctrine of exhaustion of admnistratiye remedies,,• In the case of DeCarlo v Town of West Miami Fla.' 1950, 49 So.2d 596, the Supreme Court said. "The administrative boards usually pro- vided for the consideration in review of zon- ing problems are made up of local people, having the advantage of full local informa- tion as to the reasons behind the various zoning regulations. Their findings while not conclusive, are indeed helpful in the ulti- mate determination of the rights of the par - ties.' Moreover, the inequalities of a zoning ordinance, if called to the attention of such local administrative boards, may frequently be adjusted at that level. Such boards should, at least, be given an opportunity to afford relief, or state their reasons for not doing so." (emphasis supplied). In the instant case, the Appellant City could have availed itself of the clear administrative remedy available pur- suant to Section 11-3-5 of its Code of 'Ordinances. It failed to do so and is now precluded from seeking an appeal of this Court's Order which was later ratified by the City Board (ERPB) having jurisdiction of the matter. The ERPB clearly- approved the Mandelstam's April -8, 1991 site plan, which is now the subject matter of the City's pending appeal of this Court's Order. Case law prohibits the City from using an appellate remedy to circum- vent clearly pronounced administrative remedies -4- Case No. 87 -063 AP ACCORDINGLY, IT IS HEREBY ORDERED AND 'AD'JUDGED: 1. Motion to Vacate Stay is hereby granted. 2. This Order shall not become 'effective until Fri- day, January 17, 1992 in order to provide the Appellant, City, the ability to seek review of this Order`. In the event that the City elects not to seek review of this Court 'Order, the Stay shall be vacated on January 18, 1992. } r. I DONE AND ORDERED this day of r-- '�' , 1992 ,U. By: Judge Murray Goldman Copies, furnished to attorneys of record :RL :153RL0037G 5- A1TAemMEN'r' -p r City of ort Miami ` 776 Northeast 125th Street,. P.O. Box 610850, North Miami, Florida 33261 -0850 CITY OF pROF:RE55 (305) 893 -6511 ,M4P,n. John C. Dellagloria City Attorney November 21, 2000 Subrata Basu Director, ACM / Community Development City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: South Miami Gymnastic School Dear Mr. Basu: I am writing in regard to your memorandum of November 17, 2000 regarding the, above- referenced subject. As reflected in your memorandum, I continue to concur with Mr. Mandelstam's position. Of course, as Earl Gallop is the CityAttorney of South Miami, it is his legal opinion that should be followed. Since -rehr. c� John C. Dellaglori JCDmp° c, Earl Gallop, Esq. 'µ i i v 2 IM10 Cit'l of So U-1th MUlml ArrAomeNr o.' INTER-- GFFiC9 MEMORANDUM Sonia Lama, Director, D' & Z CATtI 1 ofQN6$r-'1, - 19g4 M; Martin D. Berg, City Attorney sys,zcr; Rodney Mandelstamr South Miami Gymnastic school In reviewing the documents supplied to me by Rodney Mandeistam, to -wit: two court opinions', one City Resolution and State School Board Regulations, taken in conjunction < with the City's prior Zoning Code, I reach. the following conalusionst. I. The court decisions rule that Mr. Mandelstam's project' was a "school "; not a "gymnasit!Im; ". . 2. The court deciulons do not , make reference to. any specific plan quire new `a - d7z-rAF5Fifd0 pxans, :provided3 _E ij; are in compliance with .the applicable Code. Lo�fthe y ppl3cab .e.�CZc�r�in_c', Code Is that which was in effect as day__Mt. Mandel.stam first : ;applied in that a .y en e .cau iiiate was et rm ned• Cour tg--V15f an aD LCa 1*63,n 'a charo3 —vas^ ts�se ': 4. The remaining issue raised by conferences between the City Planner and Mx. Mandelstam was that of parking. Mr. Mande3sta re's position.. in bxiefr is that since the word 'rschooll, does not anaear in the parking 'schedule labeled "Space Requirements Chart" on pare 61 of the Code, 'there is no parking requirement at all applicable to schools under that Code If that arcauii ;ent were true, it would be .a serious oversight on the part of t tle person or persons who designed the Code. In reviewing the Code, 'I note there are many other uses soeci.fically pro.►ided for, which uses axe not per ae set forth' in the Space Requirement Chart., laundromat, film processing - substationr ice L:antr awrting manufacturing, mattress renovating. Therefore, it must be concluded °that the fact that all of the foregoing uses (and' others) were not included in the Chart was not an error. but rather that the titles in the space uses chart were summary in notate and that the uses were to be grouped under, that title which was most applicable to the use. Therefore, tha C%LtY must select the tnost. applicable category p,=ovided in 'the Chart. Further, as a guXde to what category !is most anplzcable, }he City may look at th t, rid 5,:uaed.�by the BZC �AF1'TrC1�MNT' RESOLUTION NO. 10- 87 -7003A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION NO, 10 -87 -7003 BY APPROVING AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A PLANNED DEVELOPMENT HOUSING DISTRICT (PD -H) SCHOOL', PUBLIC\PRIVATE WITHIN THE CITY LOCATED; AT 8512 8530 RED ROAD, SOUTH MIAMI, FLORIDA. WHEREAS, on February 3, 1987, the City Commission of the City of South Miami held a public hearing on the application of Rod and Carol Mandelstam ( "Applicants ") to be 'allowed a PD -H special use permit for the construction of a school at 8512 8530 'Red Road, South Miami, Florida on property more particularly described on 'a legal description attached hereto as Exhibit "l and WHEREAS, the City Commission denied such request pursuant to Resolution No: 10 -87- 7003; and WHEREAS, pursuant to Case No. 88 -651, the Third District Court of Appeal has reversed the City's decision and has mandated the issuance of 'a special use permit NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section L Findings of "Fact. That the City Commission, sitting in its quasi - judicial capacity, having held a public i hearing, with notice as required by law, and having considered and weighed all competent evidence and having heard all persons as required by law, and pursuant to Article XVI of the Official Zoning Ordinance of South Miami, (hereafter "Zoning Ordinance "), and in consideration, of the Court Order referred to above, makes the.` following decision based upon the greater weight of competent evidence in the context of the P eneral and specific standards and g s other requirements set out in Article XVI, Planned Development Regulations, of the Zoning Ordinance, Section 2. Approval of Special Use Permit for Planned Development. ThP Cst Special Use Permit to authorize the construction of a Planned 1 Development - Housing District (PD -H) development, subject to the conditions and safeguards set out hereinafter is Section (3) of this Resolution. This PD -H district shall be comprised of the gymnastic and other school buildings and grounds as ,reflected on the site plan prepared by and dated under reference No. and such site plan is hereby incorporated by reference as part of this special permit resolution. Section 3. Conditions and Safeguards .In its exercise of quasi - judicial authority, the City Commission is authorized by Section 16- 6 -3(5) of the Zoning Ordinance to attach conditions and safeguards to protect the public interest in the granting of a Special Use Permit for a planned development. The following conditions and safeguards are hereby ,attached to and are made a part of this approval. a. The application for a special use `;permit and all maps, plans, documents, covenants, agreements, stipulations, conditions and safeguards shall be marked and identified by the Director of Building 'Zoning and Community Development ( "Director "), and shall be placed on file, as required by Section 16- 6 -3(5) (g) of the Zoning Ordinance in the office of the City Clerk. Theses materials shall constitute the regulations for the development. Where there are conflicts between the ,application and these conditions and safeguards, these conditions and safeguards shall govern; b.' Where public improvements, including roadway improvements, are to be provided at the Applicant's expense, improvements required must be completed and any necessary approvals regarding such improvements must be issued by the appropriate governmental agency before any Certificate of Occupancy is issued. c. The Applicant shall establish on -site parking facilities particularly with respect to employee parking, d. `" To the end that full traffic and pedestrian flow can be maintained on City - right -of -ways during the course of construction, the Applicant will submit to and receive the approval of, the Director of a traffic maintenance plan for the entire construction period prior to the issuance of any - building permits. Such plan shall demonstrate that circulation can be maintained as proposed.' The 'Director's approval 'shall under no circumstances be unreasonably withheld. -e. No Certificate of Occupancy shall be issued for any ` completed stage or sub -stage until a directional signage plan for automotive vehicles and pedestrians, with and without the project, has been approved by the Director and such signs are in place, 2' f. The Director, under the supervision of the City Manager, is designated as the City's official- to monitor compliance with all provision of the approved Special Use Permit and Development Order as required: by Article -XVI of the Zoning Ordinance. The Applicants will assist in and facilitate the monitoring responsibilities of the Director. The Applicants shall designate a person as a monitor contact for the Director. In the context of Section 16-7-3 of the Zoning Ordinance, the Applicant's monitor contact shall be responsible for promptly notifying the Director of any proposed minor changes in the development plans as approved by the grant of Special Use Permit: The naming' of the Director as the individual to monitor the project is in addition to, and does not replace in any ,fashion,; the normal construction inspection activities of the City and other government agencies. g. In connection with the ,subsection (i) above, the Director may . require from time to time, but at intervals of not less than three (3) months, a; written report from the Applicant's monitor contact as to the progress of the development. Such report shall include, but not be limited to, (1) the relation of construction- progress' to the conditions and safeguards on staging. (2) any problems in relation` to the planned development, (3) relation of construction progress to the provision of public facilities and utilities. It is understood that the Applicant's monitor contact or the Director will contact one another at any time during the course of construction as the particular problems arise: h. Within one year of final approval by the Environmental Review and Preservation Board, the property owner must obtain either (1) a < building permit and other,; permits for the proposed project or (2) commence construction' for the extension of water and sewer lines and other infrastructure or roadway improvements to service the subject property. In the event that the property owner fails to fulfill the above requirement, the special' use permit may be voided by the City Commission following notice and public hearing, to the property owner. i:- Prior to issuance of any building permit, the Applicant shall dedicate to the City all ''lands' necessary to meet the requirements of Section- 8 -7- of the Zoning; Ordinance, "Official Right -of -Way Widths," or provide right -of -way_ areas of sufficient width to permit construction of the roadway improvements outlined in the application, whichever dedication is greater. J. In addition to the foregoing, the applicant agrees to fully perform all of the' terms, covenants --and conditions ` of the attached agreement and no certificate of occupancy, shall be issued for any completed stage,' sub- stage or other work if there is any default by the Applicants of said agreement at the time of the request or requests for such certificate of occupancy, Section 4. Permitted Uses All schools teaching the following: Gymnastics' and related disciplines, dance, health, physical education, recreation, pre - school, K through ,grades 12 and any course taught in grades K through 12 in the Dade County Public 3 School System. Section 5• Official Zoning Map. Upon the passage of this Resolution, action shall be taken to make the appropriate notations on, the Official Zoning Map of the City of South Miami as required by Section 16 -5 -3 of the Zoning Code. Section 6. Effective Dade. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this - day of 1989. APPROVED- 4ATTE MAY -_ - - - - -- Y LERK - - - -- READ AND APPROVED AS TO FORM: I CITY AT- -° - - -- TORN. Y Resolut \Gymnastic #2.school 4 !' .,, .;. Fine Jacobson Schwartz Nash Block & England 100 Southeast 2nd Street Miami, Florida 33131 -2130 (305) 577- 4000 Fax (305) 577 -4088 January 14, 1992 , William Hampton CITY MANAGER'S OFFICE TT 0 2 ry of Co11t11 ami 6130 Sunset Drive South Miami, FL 33143 Re: Rodney and Carol Mandelstam, 8530 -8512 Red Road, South Miami, Florida Dear Mr. Hampton: Please accept this letter as our formal request for the City of South Miami to continue processing the above styled building permit application. On October 15, 1991, the City's Environmental Review` and Preservation' Board approved the final plan of development for the above styled project. The final approval of the;ERP was not appealed pursuant to Section 11 -3 -5 of the City of South Miami Code, and accordingly, constitutbs the final order. This position was further buttressed by a recent Order Vacating Stay executed by the 'Honorable Judge Murray Goldman which is attached hereto for your edification. Failure of the 'City to continue to process our plans in aCCvruan ^.e is i tih J.tt ".,'.1 =s an-regulations !'� will further constitute additional bad faith by the City.of Miami and subject the City to additional damages for its prior conduct in regard to the Mandelstam application. Your failure to timely process our building permit application will leave us no recourse than to seek appropriate judicial relief including but not limited to an attorney's fees in accordance with the appropriate` rules of civil procedure Barnett Bank Plaza . Suite 1100 First Florida Bank Tower One Eart Broward Bouleoard 215 South Monroe Street • Suite 804 Ff. Lauderdale, Florida 33301 =1880 TaAahassee, Florida 32301 -1859 (305) 462 -2800 (904) 222 -7000 F= (305) 527 -8747 Fax (904) 881 -8851 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA APPELLATE DIVISION_ CASE NO. 87 -063 AP FLA. BAR NO. 143648 THE CITY COMMISSION OF THE ) CITY OF SOUTH MIAMI, ) Defendant - Appellants VS. ) ) ROD AND CAROL MANDELSTAM, ) VIOLET L. WILSON AND ) Plaintiffs /Appellees. ) ORDER VACATING; STAY THIS CAUSE came on to`be "heard pursuant to Appellees' Motion to Vacate Stay and Impose - Lawful.Conditions, and the Court having reviewed detailed, Memoranda of Law both in support of and in opposition to the motion and having heard oral argument of respective legal counsel, the Court herein makes the following findings: I. Rule _9.310(b)(;2) of the Fla. R. App. P., provides that upon a timely filing of a Notice, of Appeal, public bodies and public officials shall be afforded an automatic stay. The Rule further provides that upon a Motion, the Lower Tribunal may extend a stay, impose any lawful "conditions.or vacate the stay. u Case No. 87 -063 AP 2. The Court recognizes that a Motion to Vacate a Stay against a governmental entity should be granted only under the most compelling circumstances. 3 That following the entry of this Court's Order of September 26, 1991 (the 'Order presently under appeal to the Third District Court of Appeal), the Appellees appeared before the City's Environmental Review and Preservation Board (ERPB) seeking approval of their final plan of development after the City staff's determination that the applicant met all City zoning requirements as required by the City Code At the October 15, 1991 hearing of the ERPB, the ERPB -voted to approve the final plan of development which included the 'location and massing of buildings as shown on the Mandelstam''s April 8, 1991 site plan. This was the identical plan !which was approved by this Court in its September 26, 1991 Order. Pursuant to Section 11 -3 -5 of the City of South Miami Code: "All decisions and recommendations of the Environmental Review and Preservation Board shall be considered final unless within fif- teen (15) days of said decision, an appeal to the City Commission shall be filed with the City Clerk upon a form prescribed therefor.... Appeals may be taken by the applicant, inter- ested citizens, or the City Administration According to arguments advanced by Appellees, which was not disputed by the Appellant, City, no appeal was taken from the final Order of the ERPB of its October 15, 1991 meeting. Accord- ingly, the approval of the April 8, 1991, site plan of the -2_ Case No. 87 -063 AP Mandelstams is now final and not subject to further review by this Court nor can the City collaterally attack the Order of the Board. It is a cardinal rule of Taw in Florida that one must exhaust a statutorily proscribed administrative remedy prior to seeking recourse to the Courts. Pushkin v. Lombard, 279 So.2d 79 (Fla. 3d DCA 1973); Odham v. Foremost Dairies, Inc., 128 So.2d 586 (Fla. 1961). This rule' of law has been consistently made applicable to the enforcement of zoning ordinances. DeCarlo v. Town of West Miami, ,40. So.2d 596 (Fla. 1951); Milich v. Metropol- itan Dade County, 263 So.2d 263 (Fla. 3rd DCA 1972); 011os° v. Dade County, 242 So.2d 468 (Fla. 3rd DCA 1970); Planning and Zon- ing Board of the Town of Orange Park v. Rager, 351 So.2d 402 (Fla. 1st DCA 1977) ; City of Gainesville v Republic Investment Corp., 480 So.2d 1344 (Fla. 1st DCA 1985). In Hennessey v. City of Fort Lauderdale, 101 So.2d 176, 178, (Fla. 2nd DCA 195,8)the Second District Court of Appeals stated the black letter, law on the subject: 1 Florida Jurisprudence, "Administrative Law ", §1751 "Exhaustion of Administrative Remedies ", pg. 401, provides as follows: "The doctrine of exhaustion of adminis- trative remedies, which is related to the doctrine of primary jurisdiction, requires that where an administrative remedy is pro- vided by statute, relief must be sought by exhausting this remedy before the courts will act. Thus, where administrative remedies were available, it has been held that resort to the courts for certiorari or injunction was premature. The Supreme Court has also -3- Case No. 87 -063 AP held that no appea 7 to a co art would l i under a statute- tatute providing therefor. where the appellant had -a ri ht to take ,�� g _ and a minaGtra_ tive appeal, which he did not do within the time Drovi ded and this dec i s i can ha b Pn •� sa to rest on the doctrine- of administrative remedies," In the case ofDeCarlo v. Town of west Miami, Fla. 1950, 49 So.2d 596, the Supreme Court said: The administrative boards usually pro - vided for the consideration in review of zon- ing problems are made up of local people, having the advantage of full local informa- tion as to the reasons behind the various zoning regulations Their findings while not conclusive, are indeed helpful in the ulti- mate determination of the rights of the par- ties. Moreover, the inequalities of a zoning ordinance, if called to the attention of such local administrative boards, may frequently be adjusted at that level. Such boards should, at least, be given an opportunity to afford relief, or state their reasons for not doing so." (emphasis supplied) In the instant case, the Appellant City could have availed itself of the clear administrative remedy available pur- suant to Section 11 -3 -5 of its Code of Ordinances. It failed to- do so and is now precluded from seeking an appeal of this Court's Order which was later ratified by the City Board (ERPB)- having jurisdiction of the matter. The ERPB clearly approved the Mandelstam's April 8, 1991 site plan, which is now the subject matter of the City's pending appeal of this Court's Order. Case .law prohibits the City from using an appellate remedy to circum- vent clearly pronounced administrative remedies. -4 ...T�._„ -,,.. r-r ,, r ?;;n -r• r x �`'— ,'�'�"°- °�-'^5?°:'T' �,' �� �,t,Er,:k .�� ;, r c'`.= ".:wee"' ;, 4 Case No. 87 -063 AP ACCORDINGLY, IT IS HEREBY ORDERED AND ADJUDGED 1.. Motion to Vacate Stay, is hereby granted. 2. This Order shall not .become effective until Fri- day, January 17, 1992 in order to provide the Appellant, City, the ability to seek review of this Order. In the event that the City elects not to seek review of this Court Order, the Stay shall be vacated on January 18, 1992 r° DONE AND ORDERED this day of 1892. By: Judge 'Murray Goldman Copies furnished to attorneys of record :RL :153RL0037G r i _5- . -� ,, 1-. so u J, South Miami a� bAd Ail -Ne ieaCky U -� ° INCORPORATED ° 1927' �+L 0 A) ZooT Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: April 22, 2003 City Commission ITEM NO. From: Sanford A. Youkilis - RE: Proposed Organizational Acting City Manager Changes / Code Amendments Reorganization Proposals Please be advised that the City Manager has been considering recommending certain organizational and administrative changes, which were to be reported as part of the City's mid -year budget report in May. The changes being; proposed will impact employees and Departmental functions and a number of meetings were planned to 'discuss these actions with the affected personnel. The Commission at its April 15, 2003 meeting requested an advanced preview of these recommendation. In summary the recommendations are in two parts: (1) actual shift of personnel and responsibilities in order to increase efficiency and improve service; (2) amendments to the City Code Chapter 2, Article II in order to effectuate these changes and to 'adjust certain provisions to reflect existing situations. Landscape Maintenance Division A. '' The Landscape Division which is currently part of the Parks and Recreation Department would be shifted to the Public Works Department as part of a new Street and Landscape Maintenance Division This involves six employees and related equipment. This recommendation is based upon the need to expand the Department's abilities to provide a comprehensive approach to street and landscape maintenance throughout the City. Due to the multiple tasks assigned to Public Works, this would be an excellent opportunity to cross -train and expand the skills of these employees. B. The City Code Chapter on Departmental duties does not clearly indicate that right -of way and public property landscaping is the responsibility of any Department It would be appropriate to add the following wording to Section 2 -14 (Public Works functions..) "o) Provide landscape maintenance for City rights -of -way, swale areas, and all other public properties." ,,,. (2) Occupational Licenses Currently this function is split between Finance and Building Departments. The demands on the Building Department and recent personnel loses have resulted in a backlog of applications and an inability to conduct field sweeps. The Finance Department should assume full responsibility for the issuing , recording and field checking required for occupational licenses. This . is already listed in the City Code (Section 2-8c) as a Finance Department duty. A shift of personnel may be required_ Central Purchasing This function is listed in the Code as part of the City Manager's office (Administration department) but is currently functioning appropriately as a division of the Finance Department. A Code amendment (Section 2 -8) is being recommended to show this function as part of the Finance Department's duties. Code Enforcement Division The `Code Enforcement Division is now functioning as a division of the City Manager's office. City Code Section 2 -7 should be amended to list this Division as a responsibility of the City Manager's office (Administration department). Attachment City. Code Chapter 2 Article II pp 8.3 -12 SAY \\mcgrufflsyoukili\ACM FILETM Report Reorgan 4- 22.doc 1 24.8 ADMINISTRATION AND CITY GOVERNMENT 12-6 an accounts payable and accounts receivable statement signed by the city manager. (Ord. No. 1264, § 1, 10- 21 -86) Editor's note —Ord. No. 1264, adopted Oct. 21, 1986 did not specifically amend this code; hence inclusion of § 1 as § 24.8 was at the discretion of the editor. ARTICLE II DEPARTMENTS Sec. 2.5. Designated;'; titles of department heads. The administrative service of the city shall consist of the following departments and the department heads shall be known by the titles shown DEPARTMENT DEPARTMENT HEAD (1) Administrative City Manager (2) Finance Finance Director (3) Legal City Attorney (4) Police Chief of Police' (5) Public Works Director of I Public Works (6) Building,' Zoning and Director, Building, Zoning and Community Develop- Community Development ment (7) Records City Cleric (8) Recreation Recreation Director (9) Office of Development — (Ord. No. 404, §',3, 4 -1 -58; Ord. No. 773, § 1, 4 -3 -73; Ord. No. 864, § 1, 640 -75; Ord. No. 944, § 1, 7- 19 -77; Ord. No. 1574, § 1, 2 -7 -95) See. 2-6. Department heads;; selection, qualifications, removal, compensation and term of office. All department heads except city attorneys, city clerk, and city judges shall be appointed by the city manager for indefinite' terms. They shall be appointed on the basis' of ability to perform the duties of the position held and may be removed by the city manager. Appointment of the city attorneys, city clerk and judges shall be by the city commission, as set forth in the charter. Compensation' of all department heads shall be fixed by the pay scale adopted by the city commission. (Ord. No. 404, § 3, 4 -1 -58) Supp. No. 50 8.3 . �;�.. .�..- ;,-..T ,�,...; �_. „-. .•m,.,.. �>, .. -,.. .gym ,�-,:�r �" �fi" �F' m,°n��,g°�'„�,„,i'aw;�:wre.�:� t�;ar— ;,•r =�,rfi — m'- � „ra.^"F?r�';',;'i`"fi"'§"a z"°c� ,._ts , �° 3 x�;,'�..,_ , § 2 -7 ADMINISTRATION AND CITY GOVERNMENT § 2 -7.1 ' (a) Central purchasing for all city 'activities. (b) Personnel division shall -act as secretary to the per- sonnel board, hire all help, keep all employee records on employment, vacations and sick leave, handle all Matters pertaining to group insurance and retirement funds; and any other duties related to personnel rec- ords. (c) The city manager shall establish fees to be charged for the furnishing of copies of city records and docu- ments. The city manager shall establish fees to be charged for participation in city sponsored programs, including but not limited, to those conducted by the recreational department;; a different schedule of fees may be established for nonresidents of the city. Where services are performed by the city and a fee not estab- lished by the - council, the city manager shall establish such fee. A list of all fees and charges established by the city manager shall be on file with the `city clerk together with all amendments and changes thereto and available for public inspection.' All fees and charges established pursuant hereto shall be predicated upon the actual cost to the city and subject to review by the city council. (d) The administration department shall perform such other functions as required by city council. (Ord. No. 404, § 4, 4 -1 -58; Ord. No. 538, 6- 14 -66) Amendment note —Ord. No. 'b38 purported to amend § 2 -7 by adding subsections (c) and (d) however, in effect, said ordinance added a new subsection (c) and redesignated former subsection (c) as subsection (d). Sec. 2 -7.1. Supervision, duties of inspection station and park- ing control division. The inspection station and parking control division shall be under the direct control of the city manager and shall have the following duties (a) Operation of the city's motor vehicle inspection station and issuance of motor vehicle inspection certificates. Supp. No. 14 9 r, TO § 2 -7.1 SOUTH MIAMI CODE. §.2-8 (b) Installation, repair and service of parking meters. (c) Nonexclusive enforcement of ordinances and regula- tions relating to inspection and parking of motor ve- hicles. (Ord. No. 462,10 -3 -61) Amendment note —Ord. No. 462 amended this Code to add a new § 2 =7A. The editors have redesignated said section as § 2 -7.1 above to conform to the format of this Code. Sec. 2 -8. Finance department. The finance department shall be under the supervision of the director of finance and shall have the following duties: (a) Auditing division. (1) Auditing of all receipts and expenditures. (2) Keeping of all accounts of the city and issuing such reports as required by the city manager. (3) The director of finance shall countersign all checks, after verification of availability' of funds. (b) Treasury division, under the immediate supervision of the city m: anager, shall perform the following func- tions (1) Maintain custody of all city funds, investments and `securities, including the deposit, withdrawal and recording thereof. (2) Negotiate all loans. (3) The city manager, as treasurer, shall sign- all checks, notes.' and bonds of the city. (c) CoUection division, under the direct supervision of the finance director, shall' perform the following functions (1') Bill and collect all waste accounts. (2) Assess, bill and collect all property taxes. (3) Bill and collect alli occupational taxes, rentals, license fees, and other, charges. (4) Maintain proper', records pertaining to duties of this division. (5) Perform all other duties as required by city man - ager. SuPD. Nor 14 10 2 -8 ADMINISTRATION AND CITY GOVERNMENT $ 2 -10 (d) In the absence of the director of finance or the city manager, the city clerk shall sign or countersign all checks. (Ord. No. 404, § 1, 3 -1 -58; Ord. No. 474, § 2, 10- 16 -62) Sec. 2.9. Reserved. Editor's note -Ord. No 554, § 1 adopted March 7, 1967, specifically repealed 2 -9 derived from Ord. No. 4, enacted April 1, 1958, which listed the functions and duties of the fire department, inasmuch as the city has entered into an agreement for fire protection to be furnished by Metropolitan Dade County. Sec. 2 -91. Reserved. Editor's note- Section :2 of Ord. No. 1634, adopted May 6, 1997, deleted 2 -91 in its entirety. Formerly, said section pertained to the public defender and derived from Ord. No. 583, § 1, adopted Nov 7,1967; Ord. No. 656, § 1, adopted July 22, 1969; and Ord. No 785, § 1, adopted July 17, 1973. Sec. 2 -10. Legal department; functions and duties. The legal department shall consist of a city attorney and an associate attorney, the associate attorney to serve in the absence of the city attorney. The legal department shall perform the following functions: (a) Represent the city in all matters in which the city has an interest coming before any court or tribunal,] except in such cases as other arrangements may be specifically made by the city council. (b) Advise the council, manager, and department heads in all cases when legal opinion is required and requested (c) Draft all deeds, leases, contracts, and other legal instru- ments as required. (d) Represent the city in all sessions: of the municipal court. (e) Perform all other related functions as required. (Ord. No 404, §' 3, 4 -1 -58) Cross reference —Office of associate city attorney created, duty and compen- sation of associate city attorney, § 2-4.1. Supp. No. 54 10.1 § 2 -11 SOUTH MIAMI CODE § 2 -13 Sec. 2 -11. Reserved.` Editor's note — Section 2 of Ord. No. 1636, adopted May 6, 1997, deleted § 2 -11 in its entirety. Formerly, § 2 -11 pertained to the municipal court department and derived from Ord. No. 404, adopted April 1, 1958. Sec. 2 -12. Police department; functions and duties. The police department, under the supervision of the police chief, shall have the following functions: (a) Enforce the laws and ordinances. (b) Prevent crime and maintain peace and order. (c) Protect lives and property from malicious damage and injury. (d) Operate and maintain all city parking meters: (e) Operate all city owned and operated parking lots. (f) Maintain and care for all property, assigned to the police department. (g) Prosecute all violations within its jurisdiction. (h) Prepare and maintain all records required by law and the city manager. (i) Install and maintain all traffic regulatory signs and signals. (j) Maintain all traffic control street markings. (k) Perform all other related functions as required. (Ord. No. 404, § 1, 4 -1 -58) Sec. 2 -13. Building, zoning and community development department functions and duties. The building, zoning and community development department, under the director of building, zoning and community develop- ment, shall perform the following fiinctions: (a) Enforce all building, plumbing and electrical codes; (b) Enforce all city zoning codes and ordinances; (c) Enforce; all subdivision and platting regulation; Supp. No. 54 10.2 § 2 -13 ADMINISTRATION AND CITY GOVERNMENT § 2 -14 (d) Prepare" for review by the city's planning board and for adoption or rejection by the city council all matters pertaining to zoning, subdivision control and related city regulations and codes; (e) Supervise the studies of city population, land use, facili- ties, resources and needs and other factors which influ- ence the city's development and on the basis of such studies prepare such official and other maps and reports as, taken together, constitute a master plan for the welfare,` recreation, economic and physical development of the city; (f) Implement and supervise construction, regulate and main - tain all sanitary sewer systems on city property; and (g) Perform all other functions as required by the city man - ager. (Ord. No. 945, § 1, 7- 19 -77) See. 2 -14. Public works department; functions and duties. The public works department, under the supervision of the director of public works, shall perform the following duties: (a) Construct and maintain all streets, alleys, bridges and sidewalks, on city property. (b) Construct and maintain all storm sewers or other surface water drainage systems built on city property. (c) Maintain all city owned buildings: (d) Operate the central repair and maintenance garage. ; (e) Construct and maintain all city parks and playgrounds. (f) Collect and dispose of all:: garbage and trash as required in Chapter 11 of the City Code. (g) Maintain all property and equipment assigned to this department. (h) Prepare and maintain all records pertaining to this de- partment, as required by the city manager. (i) Perform all other functions as required by the city man- ager. (Ord. No. 404, § 3,4-1-58; Ord. No. 775, §'1, 4 -3 -73; Ord. No. 946, § 1, 7- 19 -77) Supp. No. 54 11 --� 2 -15 SOUTH MIAMI CODE § 2 -17 Sec. 2 -15. Records department; functions and duties. The records department, directed by the city clerk, shall perform the following duties: (a) Prepare, maintain, publish and index all proceedings of the city council. (b) Arrange for all elections and maintain all election records. (c) Act as supervisor of registration. (d) File and preserve, as required, all contracts, bonds, oaths of office, and other documents. (e) Shall be clerk of the municipal court. (f) File, preserve, and codify all ordinances and resolutions. (g) Shall have authority to administer oaths and issue war - rants for the arrest of persons violating ordinances of the city. (h) Perform all other related functions as required by the city council. (Ord. No. 404, § 3, 4 -1 -58) Sec. 2 -16. Recreation department; functions and duties. The recreation department, supervised by the director of recreation, shall perform the following functions: (a) Develop 'a general recreation program for the city. (b) Operate the recreation activities on all city owned or leased properties. (c) Maintain and operate all property assigned to the recre- ation department. (d) Prepare and maintain all records pertaining to the de- partment, as required by the city manager. (e) Perform all other related functions as required. (Ord. No. 404, § 3, 4 -1 -58) Sec. 2-17. Reserved. Editor's note - Section 2 of Ord. No. 1635, adopted May 6, 1997, deleted § 2 -17 in its entirety. Formerly, such section pertained to the library ; department and derived from Ord. No. 511, § 1, adopted' Oct. 5, 1964. Supp. No. 54 12 i ,,�'�iri'°"'is'� -A-�z CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Sandy Youkilis Date: April 16, 2003 Acting City Manager, 2 From: Hakeem K. Oshikoya, CPA' Subject: Review of to byist fees Finance Director I have reviewed the activities on the payments made to our two lobbyists (Ron Book and Fausto Gomez) since their contracts were initially approved by the City Commission in the 1998 -99 fiscal year. The review revealed the following actions we have taken since inception of the contracts. 1) _ A total of $130,500.00 was approved for each of them for state level lobbying activities and additional $84,000.00 for federal level lobbying through Mr. Ron Book with Mr. Viera. The following schedule depicts the 'specified transactions. RON BOOK'S ACTIVITIES RESOLUTN NUMBER STATE FEE FEDERAL FEE FISCAL YEAR DATE APPROV ED 297 -98- 10565, 22,500 1998 -99 10/20/98 8 -00 -10901 2400 1999 -00 /4/00 228 -00 -11121 42,000 2000 -01 11/7/00 41 -01 -11189 42,000 2000 -01 3/20/01 41 -01 -11189 42,000 2001 -02 3/20/01 197 -02- 11546 42,000 2002 -03 12/17/02 TOTAL 130,500.00 84,000.00 - FAUSTO GOMEZ `S ACTIVITIES RESOLUTN NUMBER STATE FEE FEDERAL FEE FISCAL YEAR DATE APPROVED 297 -98 -10565 22,500 1998 -99 10/20/98 8 -00 -10901 24,000 1999 -00 1/4/00 228 =00- 11121 42,000 2000 -01 11/7/00 41 -01 -11189 2000 -01 3/20/01 41- 01- 11189 2001 -02 3/20/01 197 -02 -11546 42,000 2002 -03 12/17/02 TOTAL 130,500.00 - k,'vr.,,vr.,., .. 2) Our records indicate that Mr.` Book has been paid a total of $175,666.63 through today and Mr. Gomez was paid $114,500 to date. 3) There was no resolution approved to pay both 'lobbyists for the state level lobbying services they rendered to the City, if any, during the 2001 -02 fiscal year. If we were to assume that they each was supposed to be paid $42,000.00 for their services in that fiscal year, that means that the total state level funding M for each since the City started contracting for their services is $172,500:OQ. 4) Assuming statement (3) above was correct, then the City owes Mr. Gomez $40,500.00 through April and will be paying $17,500.00 for the remainder of this fiscal year. 5) Assuming statement (3) ;above was correct, the City owes Mr. Book $21,000 yet to be paid for state level services performed through April of this year. We do not need to pay the remaining $17,500.00 for this fiscal year, since the City Commission terminated his contract yesterday. As you will notice, there was an additional payment of $166.63 paid Mr. Book for miscellaneous expenses approved by former City Manager Charles Scurr. As for the federal level services, the contract started in April 2001, and it covers April of one year through March of the following year. The services were performed by Mr. Viera, however the payments were made by Mr. Book. From the records provided to by Mr. Book, Mr. Viera was paid $3,000.00 for each month; however Mr. Book is requesting reimbursement for $3,500.00 for each month. He claimed that he had an understanding with the former City Manager for his firm to be paid the additional $500.00 for his services related to Washington lobbying efforts. I'have not seen any document to substantiate his claim. If we were to assume that the City was only liable for $3,000.00 monthly payment to Mr. Viera, (then the City owes a total of $22,000.00 yet to be paid for Washington lobbying efforts through January when the contract was terminated. If on the other hand we were to assume that Mr. Book was correct in his claim; then the City owes $32,500.00. SUMMARY VENDOR` AMOUNT PAYMENT FOR OWED THRU MAY THRV I APRIL SEPT. 03 j _I Mr. Gomez 40,500 17,500 Mr. Book 21,000 Mr. Viera 22,000 Mr. Viera 32,500 (using 3,500 /mth) The balance in the lobbyist budget account is $80,500.00, which is short of the needed funds for the year by $20,500, if we assumed that Mr. Viera is to be paid $3 :000.00 a month or= $31,000, if Mr. Book's claim of $3,500.00 was used. I City of South Miami Police Department INTER- OFFICE MEMORANDUM TO: Mayor and City Commission Date: March 12 2003 lis Re: Agenda Item # �! FROM: Sandy Your g City Manager r Comm. Mtg. Y" Mutual Aid Agreement with the City of Homestead REQUEST: A resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to accept a change in the Mutual Aid Agreement with the Homestead Police Department originally, approved on November 21, 2002. BACKGROUND AND ANALYSIS: On November 21, 2202 the City' Commission approved a request by the Police Department allowing them to execute an agreement for Mutual Aid Pursuant to Section 23.12 Florida Statutes, et seq. with the Homestead Police Department. That agreement was subsequently forwarded to Homestead for their approval. The City of Homestead returned the agreement with a line deleted. The section and the relevant deletion read as follows: Section VI. Powers, Privileges, Immunities, and Costs D. The 'agency furnishing aid pursuant to this agreement shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. However, the reduestin agency gency ma compensate the assisting agency during the time of the rendering of such aid and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering aid pursuant to this agreement. (Underlined portion is deleted sentence) The deleted portion' made it mandatory for Homestead to reimburse South Miami for expenses. Historically, as stated in the first sentence, the furnishing agency retains all liability and responsibility for its agents. RECOMMENDATION: Approval of this modification is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING 5 THE CITY MANAGER TO ACCEPT A CHANGE IN THE 6 MUTUAL AID AGREEMENT WITH THE HOMESTEAD 7 POLICE DEPARTMENT ORIGINALLY APPROVED ON 8 NOVEMBER 21, 2002. 9 10 WHEREAS, the City, Commission of the City of South Miami approved a 11 Mutual Aid Agreement between the South Miami Police Department and the 12 Homestead Police Department on November 21, 2002; and 13 14 WHEREAS, the City of Homestead modified said agreement` but struck a 15 sentence which does not affect the scope and spirit of the agreement; and 16 17 WHEREAS, Counsel for the City of South Miami advised on February 21, 18 2003 that material changes to an approved agreement must be brought before the 19 Commission; 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. That the Agreement with change be approved as written. 25 26 PASSED AND ADOPTED this day of 2002. 27 28 ATTEST: APPROVED: 29 30 31 CITY CLERK MAYOR 32 33 Commission Vote: 34 READ AND APPROVED AS TO FORM: Mayor Feliu: 35" Vice Mayor Russell: 36 Commissioner Wiscombe: 37 CITY _A_TTORNEY Commissioner Bethel: 38 Commissioner McCray; 39 ! 40 41 Additions shown by underlining and deletions shown by evers#49-ng. Sour South Miami 04 y� City of South Miami F Excellence, Integrity, and Inclusion INCORPORATED t 927 P . PARKS AND RECREATION DEPARTMENT CpRtO 2001 TO Honorable Mayor, Vice Mayor DATE April 22, 200 and City Commission FROM: Sanford A. Youkilis SUBJECT: Agenda Item No. Acting City Manager Approval to purchase n furniture for the Multipurpose Center REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE SELECTION OF OFFISTATION, INC. AS THE LOWEST BIDDER TO PROVIDE FURNITURE FOR THE MULTIPURPOSE CENTER; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $37,858.90 TO OFFISTATION, INC. TO FURNISH THE MULTIPURPOSE CENTER; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS We are quickly approaching the grand opening of Phase II of the Multipurpose Center, which is schedule! d for Saturday June 14th, 2003. The center must be equipped with furniture to accommodate the programs and activities scheduled. The City solicited bids for the purchase of the required furniture and received three responses from potential vendors. The following companies responded to the bid request; Construction Solutions $66,485.54 J.C. White Office Furniture $45,388.84 OffiStation, Inc: $37,858.90 OffiStation, Inc. offered the lowest bid. The vendor proposes to equip nine crucial areas of the Multipurpose Center with a variety of desks, chairs, workstations, and multi -use tables. They offer a product, of quality that will prove to be practical, appropriate, and attractive. OffiStation, Inc. is a local compan y with satisfied customers throughout Dade and Broward Counties. George Lee, our Representative and President of OffiStation brings twenty -five years of office furniture experience to the table. This resolution seeks approval to disburse to OffiStation, Inc. $37,858.90 as follows: $20,000 001- 0000 - 219 -38 -00 (Escrow account for the Multipurpose Center) $17,858.90 001- 0000 - 219 -15 -20 (Escrow account for funding received from South Miami Health Assocation on issuance of the ;1995 -98 bonds) The remaining account balances are as follows: 001- 0000.219 -3800 $20,000.00 001. 0000 - 219 -1520 $274,687.88 RECOMMENDATION Approval is recommended. Attachments: ; Estimates from Construction Solutions, J.C. White Office Furniture, and OffiStation, Inc. AG/MC 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF. 4 THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE 5 SELECTION OF OFFISTATION, INC. AS THE LOWEST BIDDER 6 PROVIDING FURNITURE FOR THE MULTIPURPOSE CENTER; 7 AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM 8 OF $379858.90 TO OFFISTATION, INC. TO FURNISH THE 9 MULTIPURPOSE CENTER; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the Multipurpose Center is scheduled to open in June of 2003; and 13 14 WHEREAS, the Multipurpose Center needs to be equipped with office and classroom 15 furniture to deliver programs and services; and 16 17 WHEREAS, all bid proposals have been received and reviewed, and OffiStation was the 18 lowest bidder providing a quality product.' 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI: 22 23 Section 1. OffiStation is the selected vendor to provide office furniture for the 24 Multipurpose Center. 25 26 Section 2. The City Manager is authorized to disburse the sum of $20,000.00 from 27 account number 001- 0000 -219 -3800 entitled "Escrow account for Multipurpose Center ", and 28 $17,858.90 from account number 001 - 0000 - 219 -1520, entitled "South Miami Health Association 29 South,Miami Hospital ", for atotal of $37,858.90 to OffiStation, Inc. 30 31 Section 3. This resolution shall take effect immediately upon' execution. 32 33 PASSED AND ADOPTED this day of ; , 2003. 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 Commission Vote: 41 READ AND APPROVED AS TO FORM: Mayor Feliu: 42 Vice Mayor Russell: 43 Commissioner Bethel: 44 Commissioner McCrea: 45 Commissioner Wiscombe: 46 CITY ATTORNEY -7- OFFISTATION Ana M. Garcia April 14, 2003 Director Parks and Recreation City of South Miami 6130 Sunset Drive South Miami, F1.33143 Re: City of South Miami - Multipurpose Center Dear Ana, I would like to express my pleasure in having this opportunity to work directly with you and the City of South Miami on your new multipurpose facility. The time you, Ms. Daisy Harrell and your staff have invested in "fine- tuning" the function of the building will pay dividends in the long run. OffiStation, Inc. is a new furniture dealership located in Ft. Lauderdale near I -95 & I -595: We are centrally located to serve the South Florida market. I personally bring 25 years of office furniture experience that hopefully helps in avoiding the "pitfalls" than can arise in any given undertaking. I currently operate out of 10,000 square feet of warehouse with delivery and installation capabilities to handle 100's of offices or workstations. I am currently the assigned dealer by Allsteel,Inc. to service American Express and the United States Postal Service . In March 2003 we also completed projects with Miami Dade County and The Miami Dade Public Library. Mr. George Rauback ,Director of Design Services / GSA Construction Management / Miami Dade County will attest to my many years of working in the public sector on'f n- niture related projects.i I look forward to continuing the good working relationship with you and The City of South Miami, and bringing quality and value with the goods and services provided. Sincerely George A.Lee,Jr. President Inch.' OFFISTATION, INC. 3285 - -S.W. I I TH AVENUE ° FT. LAUDERDALE, FLORIDA 33315 PH: 954- 766 - 9878• FAx 954- 766 -9896 e PRICING SUMMARY WORKSHEET Three separate manufactures have been use to meet all furniture requirements: Allsteel,Inc - majority of product specified; workstationsstackable chairs,task seating, training and computer tables; throughout entire building Falcon - folding tables,conference tables, gym,multipurpose and rooms #202 and 213 Stylex guest/side seating, room. #202 1" Floor Total $ 9,725.34 2"d Floor Total 22,254.57 Sub Total 31,979.91 Design Delivery,Freightlnstallation 5,878.99 Total $ 37,858.90 In utilizing the State of Florida Furniture Contract, three separate Purchase Orders will need to be issued: 1.OffiStation,Inc. for the Allsteel product 2.OffiStation,lnc. for the Falcon product 3. Stylex , in care of, OffiStation,Inc, for the Stylex product I will work with Purchasing to ensure the proper information is attached with each order.All pricing discounts and terms of the State of Florida have been followed. The pricing sheets provided define manufactures published list'price,sell price,and discount. This can easily be verified by procurement. Also provided are drawings of individual areas, that match to the detailed pricing worksheets to verify quantities (by individual rooms). ' ■� -��s■ ■t■ ��N ■o�o�_ ss -��■■ yd� 0 VJ N � O N TI G� o D -Ti OO N C11 ROV� N 0 -P n D Am C/) RON N D co N D v' N N, X V J N 00 � -rl O n rnl� �Ir f 97 ro X X I 9 c N r „ Ai 9 N X X ()S 'O' o(U- 5 c o f 97 ro X X I 9 c N r „ Ai u ,� Ill�lu��ll F- Q m N 0> ---j 7M O Z TI F] moo LLAINkum UC: o � z Cr, D c�1) T Fq WESTLL U HALL CAB Fj;ancloHy 205 keyed 132 SF 3.40" ARM 0 2�` +6 FEC �# 101E p Key # rn 200 E ot d69 d69 SPH ROOM 202 0 VH2 547 SFW CL rn dD/m ,6 d 9e H m as , 24.48 .' t0 84< 4t N M . 0) 'm0 102E p Key # COP " X 69P 0 STORAGE 203 �1 I, 7m7m' a D Di r r: r€ r r cn -n m .....:_.. ......... ......... r -n D -n D ................................. _ .... . D r ...................... .... . D r T D n c ._......._... _ ._.._ o 0 o .......... ......... N ....................................................... V o 0 0 ._ ................ C.0 ° A o ° v t r : ...... .... .. ......... _....w.. .... . v cn�n p DD m N .... ..... _ .................. D,nmb -1 „ ;U O^��� -i. c Dg �-o� Cl) �O DD..N m D.nm -U, � O^'�� m o 02 m 5* -1 -I r 3 ° -� o O '� o D' S C, O °, o o o n m m N : ?. N , �• F -. OI to m m m cfl m m rr D W z a, "n m Z m o,, z O O UPr s p -4 o v o: o: ° o m I N� �...:... ......:. _ ........................ ..... .. ; __................. .................. ........... ... , Lin z Z _.. ... ::__: .._................................. z t- .__.. ..__......_... ; . o w A N N WE OD 40 A ' m v, 69 ts� " �€ 69 x fn.+ cn Na 00 co OD N' W c0. N N cn;. O: O)', 69 rni o€ O tJil O',0 O Q OO :.... _..._.._. :. .._........_ ... . .:............_ ...... �.. 0:. •......... .............................. .. _:... ... .C? A Ui O; Ut ... ?: .69 w [N[ O. - ws N[ to: p N - 00 00 Lyt IND. 1 �[ Vi aD: Di At CD: O€ - 0 A:'N[ . N[ A O 7 W vn: Q { CD oo o o o: O€ o CD i w n .,,' � ....�., -. .A:�.e ;c ,.�u'R � =_..t � "4".,. „�atw._"_f §;".N '� '.t,"{T�<:ti�."'' =. _.,4 k """'�m"`•,.,"�i*'i."�i�'� , :; 2'.x ,��f F ,:§fztL'va'2'°g`���N -J ki, fi :_ Vii'. cr r r D: D ri r 0 �€ Cl) :... ...... ....... . .......................................... .... ................. ................. 0 �s O Q m _ O .................... ........... N .i1V ci ..a.C, ............................................................. G.O d CD: N a W D. N€ n[ z — r ..... 47 ..:: "-.....,. 0 0' Zi W ;u "o -7 O o m: m ........: ................................... o o n w Cl) C C1 ii o Or 0 F Q om+ O 0 00 „ ^' N�' 0 O: G 0) 0 0 0 X 0 7 0 M w m S D m: po O co i CO O .Ns o o v rt m O• m Q Q Z p QCC : a C: O Q . �v .. • O_ W a o i CL 0: m w n 0 �: 2; o G) D m m �c CD 0 CD m: c C -n r CO. € N O. Co: ............. OD: .....:.. a OD: OD D �; m ..V ........M... ... ....................... :... ........... . x 11 ......... ........ � .............._ Z r rn C,)" . W: i O Ne Uzi A€ O DES m r Of O: La. G7 O OD: v€ A: i OD i m CT[ N.A:p �e N p t0 [ CD -I c" O: co: Ai O O CO �.' 0.00 WE W'; ODE OD i r ip N A !w€ w' a€ p' A p'. a 4� p€ O. e� :. W Oi p. ,0: OE CD = 9�¢7 �ar's. n O m O C 2 D K G r 'o G :(7 .p O m W r v G) N Z v r- 0 Cl) •r m I Cl) !z Z io r z 0 r C 0 m 0 FEL, 0, D: r D: D :' D: r€ r= r= D r D r O � co: Cl) .....::_. ..._..... 2 ._:_. .......:. _ .... ._ ...... . _ _ ... ..... ................... ............ ._ _ ��� ovuD ova :� ' v vm� - i w --oin'-q w 'Q �- V G) s O V G) „' A V G) V G) v W N V N N:N As.. (v A• N W: w m n W :. a C — ....... ._. 00m0T0.00m ...._ �- ... ...................... _ z;0o-nG) �z��„��z-ornC- -1vmr" ":ice ...._ � D(A-1 ID. 0(n -i =,°. � d' m �n 0f € � CD CD To -n d° w m M: G) m Q O 03 00 a °° 0 z M; 0 z °° Z CDJ Z a CD 3 m a A� m w w m o.» �, r CD q• CD :. q CD i W i Q W€ W NF Ni w 5 2 X. X X, CD o CD o0 41: 0 CL CD n -n -0: crnc O rl r=: rl °< o _ (D m€ 'r ... . ......:.. ......................... ... ..._ ......... ....... ... ............ _. N O O O Cm ') ;� In ........ ..... .. .............. ........ .............. ...................................... ._ ....... ..... ::.__._.... ........... ... ..:_. ...:... ...... _ .... _ ........ _.: 1 z Z' :..:..._ _ ............................ ..._._.. _ . :.. ......._............. . z C '•1 4" m - Ai N: NI: N.: CTi 051 Cni 0: O d► N 0 - :.:....__......_...:_......_ p:..,:.... ., , ... : .._.....� ..:_._...................... ...................................... �. -. - E/A: 6s CA J' CD: a): W: co: WW: CD: (p O: Ai As co co; Cp CD m sn to to vo: <a: 4A x r - - •P: CA '. Ni Ni O: OI CAi i co: CA y►'.. CA OsOS O . m cn co! eo% W: 0)1 O rn � Cry' ....... . O .�. N A p O N N ... ......... ..._...._ ......_ co Cp co: .... ....... .. N. 0 s rn: me C,: ca Ai A[ Ai Aj oi AS A �. 1 W r; r >: r1 co: cn: co: co: ....... . ...... .. ............ . ......... . ..................... .......... .... .. ......... 0: oi on c ............... . ........................................ . ..... . ...... . ............ ............. ............. Lo CD LO: 00 .. . ... ............ . ......... OD2 Lo 0 0: 00 je ............. ...... . ...................... ...... . ........................ . ......... . ............ . .......... 001 La 0 OD LU 10 _j ; 9 0: 0: 00 . ..... ..... . ..................... . OD: 10 .1 C* . .............. 0 -4 -4 -4 14 —: G) (WE 4 G) C) CD .............. ........ . ................... ...................... ........ ................. ... .................... -n 0 -n G) 0 0 co 0 0 -n G) ................................................................... -o-o 0 o -n G) ».._ . ..... ................ ............ . .... .... ................ ........ . ...... .... ..... . . . . ...... ............ -a rp 0 0 -n C) o°<' o o -n G) -o n o o -n G) i ....... ... -0-0 > > > j r- r- > pp P? ca j �9 �P CD ;a ;Y P? ;U W f9 P(l P9 p = 0 P? ?P P? RD Cl) C) W :� 3: 0) A o. m CC'L' C) c) CD i 0 Cl) --1 -0 M M; 0 (n ID 0. M pr ri 2. C -4 a) 0 3. a) -n 0 > I RL 0) :3 cl (0 CD:: =. m 0) -n Q 3: sl r Vr 0:1 > - w M -n CD > CL 0 Cl) o Co 0 2 m o ; 1 0 C. 0 m ID ME 0 0 03 co, 0 a; I CD 0) 0 ED ol 0 0 -0 m 0 cr r L 0 0:0 <1 0 = 0 cL -n: 0 z CD: 0 i 0 0 0 CL 0 0 < cr :3 CD :3 -n: 0 i 7 CL CD -n 0 a): t7: LJ i ID cr G) U) 0 Ai "1 p.. C) Z in DE WE to o 0 i T. Cl) CD: ... . .................. ........... . ...... .... .......................................... ........ . ......... ..... ..... 0 ....................... .............. ............. . ....................... . . . ...... . .. ........ . .............. . ... .. . ...... ..... . ..... ...... ................... . . c): N' : . Cj) 0 0: 0: c): O In ....... ». .... . .................................. ....... »..... ....................... . ....... . ............ ». ......... ........................................ .................. . .. ......... ................................... ....... . 1Z io > .... . . .............. . ............... ..... . . ............. .... . ......... ................ . . ........ . .................. .............. . . ..................... .. .... ...... ..... »._. . . .......... . .......... ..... . ............. ..... .............. ..... .......... .......... - — z C 'WE ....... . . ... . ....... . ........................ . .. ..... Oi. ...... .. ........ . C) ........ CA co: ........... . .......................... . .. ..... .......... ..... . ..... .. . ............... 0 ............ ..................... . : w OF 2 ........... . ..... co: CC) W WE 69; Vi OF A C)i ........ ..... . ................. ............ ..... 0: 4M CD; 0 i 0 0 1 .... ........... ....................... . . 49: es` to rfl 69 WE C4; COE W CD CD: WE 0 i 0: WE . ...... . ............. .............. ................... . ......... ...... .... . ...... ..... ..._.. ».» ..... ........................ ....................... . . . ........... . ....................... ..........:F................... .. . ..... . ...................... ...................................................... . co co cnt: cy) co: 00: ool co: r W CY) Of OF ....... OF c): ..... . ........ . c): ........ . CD Q OPM co v C) c 0 cr < r- 0 cl): cn! co: -n .. .. . ...... ....... .................. . .... ....... .. .. . ................. ..... ...................... . ......... . . ............... ................................. > : > 0 r- 0: 0 c . ...... . ...... . ......................... ................. ........................ . .... .............................. . ....................................... :-o '0 *m 'D '--i oi in `u -4 0) io (D: > v t a C ............... ......... ............. ............. . ............. ......... .. ... ............................... ;pi n o -n G) o o m m_0 m 0 t; .................. . ............... U) 0 N) CUE c os: w 0 CR r- M .: Purl: ;o 92 0 ;o i 03a Cp 03 M > 0); 0 -n 0 C: -4 0) —Ck 0: Q M' CL — 2V 0 -0 El '-3- -n 0 3 0 0_;o m CL OR 0 CY :3 (D .0 CD _0 (h CD CL V Z -4! Cl) > 0 m ....................... ....... ................... ....................... ...... CD o: ........ . ....... . . ........................ . ..... .......... . ................ . ...... . ............. . .......... . .. ....................... . zz io> ...... . ............ . .... . ................. . ...... ............... ... . .. ......... ........... ....... .......... .. ...... . .... ..... .. . ... ...... .... z c U) m: : cri C,: . ............... ..................... ..... . ................... ...... . ... ....... . ...................... CD: .... ................ . ...... r-n co: po: bD ...................... . .............. . ...... . ... ..... . ........... . .. . .................. . ........ N)t . .................... ...... .. . ..... :4ft m 4": C T cnl rG: pa o i ...................... ..... . ....................................... . ...... . . ...... ................... ..... .............. . ............ X, 44 : .9h. CD po: co W t ...... .. . ...... .......... ................ ......... .............. In ............... ............ ul 406 mt : J` M: OD co : CD : • 4 It! C2, CD: 0 O n O C D C r --1 C A O m r v N . z v r- O !D •r m l( .z z i it z 0 r C v m v tr O 10 W - 171 A W N..� 3 ri r€ r; r: r€ CM r€ r O W; yi yi Cl) i co: fAE co: Cl) -e -n ........ ................ ....... .....__ ............................... ..» .... ... :. ...._ ... .._. ......_ ..... D ._._............. _ _ _ D O oi 0` 0' -n K. : ... :.. ..................... __... ........ 2 v in b c°D,E 'v in b w: : -a n 'v wi','o in v wi to in v �E b � rn: in b �: in 'v U7 N 4: (n N A O T O p V7 CO Cn- TI tj: o; m€ co m rnE y: t C .: . _ ................... _..._..: m —I v m A'c v m —I v_ m -40 U) _0 o -aw Q n W m rN rn v CL a QN•.. 1° (°. �. � y • (°. : A 7 . � . r ;u iOj7 N. 3 :tt = ° v z a �: v Z r� c� 0 v Z CL: 0 p Z °° m E 2 r O =1 o D f° v z w X v z x � !7 m m� d �(�L7 m m� m aoa z�'m d �o d O o c Q o c o p c ° o - ° 01 �v N: �� c w U) S o w (D 0@ ACD 3 0'm mE3 0 °�— Am:d Pr 0 _�;° Q v:o d <`w.Q° °�— p o m CL m o €� a obi � i� a u�i o €� a . obi ;o Q mi n q m ,° n0 ° q W ml o:� mW >r CD EL cD 3 wC: c A: N ar a; ri m � •° TI v � v r m• � r C • co z O Cl) ........ ........ .. ........ . ...... ..... .... _ .............. ..._....., ..._. ».. N......: .._ .. m _... ». .._ ..... N IVm ) Oi O€ OE O O O O ; O NE N: NE N. ..... _. ......._ . a...... ..... .................... ... _ ....... _ ....... ............ »._ .......... ........ _ .......................... _._ .................... ....... ... _.. 1O Z i .............. ......... .. .................. ...... _ .... _ ._ .............. ..... ..:._.... ........ ........................... _ ...... _ ............. -- ........................... _ fA 69; fA ffl <fl; FR[ fl7 Ei; r 0 m U,i U,€ IDi W A[ W v WE Ni tDi Ni Ulf. In[ co: W OD: Vti WE - UI Oi O€ O O; O€ Oi pi O 49 Wi tni OE UI[. ;Pi N' A co; Ni.: O:. IDi Wi.. to v+[ fn ffie fn x., . r' N` Uli WI U1, .: IDS - Vi Ni Wi NF Vli OF. Oi � 40 '. i Vin€ �¢ Uti ODi Ni Op O ot c): t m' -69 .. 69 to (A: 64' fA(. - .. 469 M''. (� N O pi O O N O ...... _.. _..:. ............ ......... :... ....................... :. _ ...... . ................ ........ ._ ....... ................... 00 y .a OIE O)i O) rni -- rni O>€ 0)i O) N X11 :A. A: A e 1 W Oi `Oi Os OE O: .0:.. Oi O ,ry;" -m .' -•--� :E.,�-r.�",i „-�, ,,, --t. V,��o-, ,- ;.,�e'��m.,..a.'�`_' -,i•, -.vim., �. �;�°n, k'�� -'i�,. �,'"'e., ,r,� �'• C7 O n O C 2 D C r G X O m W r v N Z v r- 0 �D 'r •m rcn !Z Z io r z n r C v m v 0 n O n U) O C D 9 C r C :t1 O Cl) m r v N Z v -n r- 0 �D `r m �Cl) 'z Z io r z n r C v m v t ®' -h y n O -n O C 2 D 9 C r C X O CO m co r v G N Z 0 r O yD •r ,m Icn mn .z Z io r z n r. C O m v INIF-, O -4 ; - _ V CA Cn A W N O co cD V 3 r D r; Dr: = D: rDr : Dr D ; e O cn: CA D S S S S S S S S i 2 S O pe r. O: O O O O.' 00 C T; �• d ...... ..... _ CD O: CT: Vt: CT. O 0 O€ O[ Ol W€ OAO A; N M � W: N: N: Ai O: W r n: C We N C ........ ......... . .». ...... ....» ...................... » r v v (n a) O 0 � (n O 0 N co 0 fn o 0 fn 0 0 go 0 -i 0 0 T. z CA� r OD Df rG C r� C rN C p r, N: N O :G d C r .ZI 2 �. ,Tl S s'. �' c A �' o. +�. 3 A 3:� �' n y V) CD �! x N X .. m O - 0 N o 0 W m 0 x 0 3 e 0 CIO o ' CD C D1 O Q N C) o CD 0 ° o CD:o CD ' m m O m- -io o p CL i CL O O O CD . Q CD me m m �: m m: a, w CD m v co: C7: n`: m: O A: �: eA N: a n� Y o: D m. n, o. DI 3, °° A N Sc x a c c w Q X �° Z CD 4a1 O: fie: co! N Cl N O 7 v W O . e pa , + t t N" Qe cD: �€ e e : 3... ............ .._ . . .. _.. N. N_: N_ �: N N_:' I (A C,) W W W W W 0% C,: W W Lo: » IO ....... ..._.___ ................ .. ..................... .._... _ _ n r C v� to yi' t� to gas �' w 0 rte. rfl rfl, ts� m .. 40 WVN p e (A N 0D � W O O W : e , . ' OO O e e R ;:€ e : 's O; Oq _._G O . ....... . 0 fl � NOO AJlDIt!': flOD 7t e :.: , . . . ' .. .. iVOOC�N NOOO WNO e 6 : e [ ,: e 49 E9 fl Efl « 4" : i :, € - WNCO CWN : ' ei {NVCVNO ENOGtWNOpW c4F COOi O) 0:.vCT Oe col i 6NOOWNOO CO co Cn 0 O - e e N : 0A0 AAN0cCOA . : v . e mr M 4W: '69: rfl W - , : i e NAA '. . _ W O O -41 NQ9OD OF : i : . CN e e : • E :e c : . 0O O e e UOO . : OE O ol O€ O 7 � OO O O . A 49 & , t W : - �O A _itO .A W 40 D A O A OD. PD- A W W tO O O VOAT7 C(A CC-O : N A W A OCO . W ......... N NOA9; A?D - i A W A CDDe 11; : m CA CA A bA i (DOD OD. PO (AOA»7)[ W (p. OD CA OD Cb; . : , : : : A A P e . e . € OO , : , . . .. O O € CD: O t e 0OA :.. O: Oe O O Oe O 0: CD: . e O co O C 2 D 9 E r C 0 Cl) m r v N Z" v r- 0 !D •r m rZ Z io r z 0 r C v m 0 EFEA 0 O -n Co O C 2 D K C r C "0 O C m W r v N Z 0 r O !D 'r m (cl) >t'n !z Z io r z 0 r `C 0 m 0 WR 0 . ,�_ 4 ; , W 3 D: D: D: _..._... ............................................................... ............ _._.: ........ .._......_ ...... ..__ OC O: 0: 0 m .. _.._...... ....... .......... ...... . ... _ ............................ , ........ .......................... :. ......... ............. ............. :: ...._. 2 .D 0 Fl CO: -10 ° l CDI LU 0 <-9 OD: O CO Ffl oo (O to Oi N Gi o p 69 0 p o p A 00-n0 -0,000-n 0 -0 -o onm0 -o co nnT0 -om (7(7m0 -v a); nnT0 �< 7 7070 7m'X�070 3( ;U;D030 3d X •;007 S0 XX 070 O G7; -n a� ®0 n am 0 0 X -n a? O 0 � -n ° � -n ° m. -n Dm 0 ��'W a� °Dm °�W °m`�W 0_ °W °'�W�� Cl) o o z Z o o 0 :0 Z`Z 0:o o:0 z -Z o €o z,Z o o o Z Z o €o_z Z CD Q (p < : d (D < : Cl (D_ O : CS CD i O• obi' CD . G (p O 0 0 0 m a -(D O O CL n m a m a N. o 6. M Op ri o€ o; < T1 o f o c �- p �• rn CD o: _: o:, . .: :... ................................ _.:.__....: ....... _ ...... . _....... m N, "N €� €N€ Ni co W ..._ ...................... _....... .... ... ... ............ _.. ................. .. ........ ...._....:.. ..... ... ................. .... Z �. NA jpr _._..._ .- ..._:._ ...... ........_...;..Y_._......w_ ...._.... ............................ _...._ .- .- - --. ....._.._._...... Z C �► v 4. Wi Oi WE W O[ C. OE p[ (D CID . • m r OD OE O[ O OE O's O rn x � A v ......... ......... • ............... _ , ;. :.. .. ......... :.:..._ .......... ........ ......... . ......_........... ......... W 0o y p rn€ oo rn€ oo :: - rni co rni oo rn€ rn co Co . tai ?i A? ?e ? - :N e -4 OD oil: c m w C7 >€ € A 0 -n r t .... ................................................. . ..................................... D ........ ..._..... ..._. ...................................... _....._D O n ow C .................................. ......... ........ ...._.... ....................................................... ...._...: 2 '.O N� ^'PT WE D .Np U) -0 OO O V m N: � " A 0. r- A �• p p m D C4! Z o c cr C — ................. _.. � m n -n G) 0 O wK .... _ ........ r m r_ ._.... ..... .... ............. - -O D D o � C p..W A oo v ac co a m m •* obi o Z Z Z m rZ) j W€ €°�' oo�D 2 Dm m �� o a a oAO'm. -1-I 01 C r D a o m, Cl) UJ w' 01 2 X F W'o c�i � Z: _ m o `� D O� m <: m X.'. n: _� m cor d �d m� W m o o c p 0 v 00 y. pc w m. v CD z M. N z m a Di -n r W'. 3 m • D z 'r o m IV In-. ......... ....._ .............. ...._ ...... ........ .. .......... __ 1 Z Z' N A. iOr .......... ............... ........ _.... .... _ ........... _:..._.._ ..... ...... __. ................. ._ _ _ ...... ........ _.. Z r "9! rfl r crfl; tp.. poi w Q O:Q:O O O O C": A A O i CO: - 69 x ao A: C": N€ ` �€ W OE PO: O� o, O oo€ p _ poi oo —A ............................................. ....... _ ......... ........ ....._ ...... ........ . _ ...... ........_ ...... _...... j �: �i. j T c: ri': v 00 0: a O� n O OO O O O O OO o to o .4 rn w A w N a o 3 � D. D. D. D. D. D. D. D: D D.. D co: r r co; cl): r€ r r€ r€ r: r r€ r 3 O _ O O O O O O O O O A C A. » . . ...._ ..:... :. ...... ................. .................................... ........ ................................................................................ Lo CC) N. .-. ° Ri -I _W m -I 0 m � v �' O) �. W v -4: �/ r 100. a) A. 0)) CT �. OD:: O j N O Im D N: Ut A: A (n Doi 03[ O` A At 0D O:' co E'i p[ A 00 Vp w: C N •1 K �€ D€ m c — c C _ ......................... ...... _. .... ;o ...:. .. _. ......................... ..... .....: � a�'ma 0 100 wa �_ ...... ................... x Z -0:: �C .._..._0 C r0-�DO a) I .Z1 Z1 W 3 N 0 O 3 t 'O �7' W fD r0- p 1D O m C - _ 0 G) n G) O � G) W V) X x •• C C rL n O m W O N �) '1E � n �D n�xG7 m o Q m �O <� au °o'• 2s. ni' frD . ° �: 2 m 3 13n g m 3 3 O m rA 3 �e o o•°o c 0 <�: CD al y o 'o Z a C Z 3 O 7 ° 7 -(7 p� d p 0) 07 00 M: �, y x 0 W �� �:c° m o o o: o€ '",o m p: m i, T;', Nt =yam m r �, ::y N: 01:. ur: pir Q N) CO CD S n _T Z N:. Np x: d p W: G v; o Cos; r-; o, 0000€ CC m€ Cos t' N: .r_ N N Nt N _. .... ....... tfl N_ m J(n i .n ... ............. .... _ ...... . .. ..... ._ ......... ... ..................... ....... ............. ..._ ................... ...... x _ 1 ®. OD A Cos . - Oo: O: A: �. OD N.: W ci 0 r _ .... _._ ...... ._ ................... ........ :::.. :..:.. :.__.....__ — z r rs>; cfl csr, r, tom.. �, rfl tfl: rn r p e�. a m NE W: i : : N: a3, �_ EA ❑ AF O: O N: 111E N :. O'. QD W. WE. .ODE V O: 0: OE O t O;OE;O ER fAi 69 Ffl bA€ 64` Ffs 69€ 69 - -41 v: :.0 .. PE 10: -4 : A:. o: Cos € -4 O) ul o: A. A3'. W V:. A€ 10[ OE W: W. :. W 0:. r N: - ODE 10: Ot vE WE O: O. V rfl to '69! 4G" ss: rflE vb: � Es: m v9 m, _ 46i W :W . 00: -4: ' 10 CZ {A - OE A Nj O O 0 N 0 00: O)I,` O O: O C. 0 O OE 0 O O: 0 O :€ m X' j Vf OOi Cos WE O7: 1D: € N: O)E N: 0); NE. - i W w E 00e N 10 O vE A v O: 1DS O ?, : O: A.�_.... 0 v � . W O :W_E N C3): A O ........_ ........ ; .. ......_ .0 . ........ .............. ...�.:. ._....... aD. 00, W; O: OD, 00,.. 00. OD,': Co 00.:. 00 O O E OE OO€ 0: Oi O OW O e' W o€ o f : f o OE o€ o o : 0 o O ch O c D C r C f7 'O O m r O N Z v -n r O iD 'r •m (c 17 'Z Z io r Z 0 r. C 0 m v F A -h O -n U) O C --1 2 D K C' r C O' C m W r v N Z' 0 r- 0 �D •r m :X 11 !Z Z i F- 0 r C 0 m v 0 -4 Fr>nitt�rr .: ............... ............................... . ............. ............................... 916111MA Iowa City of South. Miami OPTION '2 Date: January 2,2003 The LEGSTm Collection - Systems Furniture' Finishes: Top finish: Plastic Laminate class 1 Edge finish: Rectilinear PVC Vertical finish: LamenaTm Finish class 1 Front finish: metal class 1 Tackboard/Panel Fabric: Class 1 grade All workstations and private offices have class `1 metal powdercoat pedestals. 1'5t Floor Lobby • 36" round table $ 342.63` • 6- H2OTM sled based side chairs $ 952.20 • (Unit Cost $158.70) 1 st Floor Control Area • 1-TAG TASK chair (10 year warranty) (arms) $ 387.09 • (unit price $387.09) 1st Floor Multipurpose Room • 50- H2 OW 4 leg based side chair $4,485.00 • (Unit Cost $89.70) 1St Floor Arts and Crafts Room • 16- TAG task chair (armless) $5,166.72" • (Unit Cost $322.92) 1st Floor Gym Equipment Roam • "L" Shaped desk , $2,293.80 • 1- TAG task chair (arms) $ 387.09 • (u,nit price $387.09) 1St Floor Gym • 12- H2OT1' 4 leg based side chair $1,076.40 • (Unit Cost $89.70) 1 S'M IS amp ww- w.smednet.com £"' �'' -_- .-�'„ ..:?.- 5 „�-- �3'»..;�? erg,;;- ;'�s"�'r�.' .'�*"?r..r�+ , r::"`?af.. v'✓ -: ,"gip trr;;,., br' 3- 2 "d Floor Computer Education , • 8 Call center style stations $ 4,785.92 • 4 Trapezoid tables $ 2,297.91 • 48" x 30" Desk unit $ 369.31 • 36 "x24" closed storage unit for TV stand $ 37136' • 21- TAG task chair (armless) $ 6,781.32 e (Unit Cost $322.92) 2nd Floor Recreation Office OPTION 2 • 6 L- shaped stations & 2 fax stations $22,676.76 • 160" x 30" Table $ 458.21 • 6- TAG task chair (arms) $ 2,322.54 • (Unit Cost $387.09) • 4- H2OTM sled based side chairs $ 634.80' o' (Unit Cost $158.70) 2nd Floor Recreation Room 48" x 30" 'Desk unit $ 369.31 2 -24" x 24" Table $ 519.77 2 -36" x 36" Table $ 641.50 1- TAG task chair (arms) $ 387.09 • 12- H2OTM sled based side chairs $ 1,904.40 • (Unit Cost $158.70) Z "d Floor Fitness Office • 60"x30" Desk unitMateral file' -, $ 1,218.03 • 1- TAG task chair (arms) $ 387.09 0 2- H2OTM sled based side chairs $ 317.40 e (Unit Cost $158.70) 2 "d Floor Wellness e 12'x:4' Reception style desk $ 4,177.71 • 2- TAG task chair (arms) $ 774.18 o Include desk height electrical` for flexible and convenient cable management. • Jumpers, receptacles and power feeds are included. THE LEGSTm COLLECTION TOTAL: $66,485.54 (GSA PRICING) (Delivered ONLY, INSTALLTION EXTRA) All applicable taxes are additional. Quote is subject to SMED's standard terms and conditions. 2 S M E D IMT ECM A'. T I.OM A[. www.smednet.com Q 01 m V Z W O N O- cli C a F- oca v°iZ 1 1 '0 1 l a ~ 4 O o, o 0 0 w E� L z w 3 a o p J u .�y..w.it W W 901 'my „' ;s "" ,"" T"?'�'„",h-r;; b, ,�,�:• :.�°- rri , tx;E -,,' - n t 0 z 0 „ o r� I 48x24 •,�y, r� �urn.3s'• 1 Cy -7 i i m 16 b , 60x30 _ N O 5Hi 48 in. N `- II l6 w ; N � i 5Hi48 in. 5Hi- 48 'in. ] -, o i -'- -- - i 4i:x$b V d Q m v N j24 ' Hi-48 in. 1: 5�148 in. 1 - -- - LL, I i iJ 47X9£ ' 5Hi -18 in. 5Hi -18 in. W48 in. � A ; � I ' N 1 V N 0 •t U) co all cy "s02 fX0 i 1 _- .. X VX I Al J J F N q$x24 1 OZX z j W • ': ': .. i fi: fi: : 'r ' ---- O J ° - v o Al n R m 15 a.. rG ; m E o 5� Q W S EMS g�aCOC N ' O coo m S W en �m J Z 09EVf� o IP.' e5�` -.'.� T?�'t ,.a ., .,".;TTF '$^".'. tpx'. xi "'i%'�sT'r!7�`k"�..A^"' S [aa. .....";,�•i�l,. a`.,..%fi� `,'F°- W;°'l't',sv;Y. +T�%'",'?'� 5i la .�'�. %sRi�"' „"� P FIR ,?' 0 ilu d z N 9 1 1 Z z w C 0 CL 0 N O (n c uj 1 1 0 U O p CO p 7+ 0 _ N w 3 m °`l 3y 3 f- wo 0 F W K � g Z ;:.r:::r:.::r;rr;•r . .... g L 0 1 1 ..............:..:............. g O. s Z m � n Z 3 m 0 ................ N ........... ....::....... N . ............................... w J F- • i•r:•r:4:v: ^rrrir: 1 :ir:r: iiir::•riir:-iXiii•::•r: {•i }: :::::::: :: :..n O W >1 O 1 1 xxx W Qi 111 W.. U Z W - a o v m w o oz pm v oG FNG N mWso =m Qa m U o TS `d F �,oEZ . m � 8 Jj Q111 =r-- :. ,-r „.r^*:... �•Ta'- � -�--�� �'- a'tT,i ,, ,r..,, � n. .R. __`ff --^; :,. ;°- ',%+a^� -,« c.a} _.,:, �' �- "'.°r- ,�- "- x,.rl;�r= idT,-�,.1 „. =,aa sg 3�a� s $�m z m N =mom o > nvv mn 0 a m m 4Hi -24 in.j o i ,< c t. rn ; - - - - -- - - - -- .S 9 q M w' CL _ Ali -24 in. `•41-li -24 in. 4Hi -24 in. ! m •V' 17Z -IHi7 1 1 y o 4Hi -24 in. A � 7 m 0SX09 �rn N 'UltZ-!HI7 1- O O _ `, O N - o" m 4H1 -2418 Lj" - �� '•,��vz``�.�;r�x >`ri�,�rr>rrr» • �t�3rr��.«: �ryrs� .snv. :N�t:.avf «zt��'i i II il"„�,_ ill l l � �irP t': - ;- t -.-.m- .-- m.,:, -• .wx s.� � r.<rr- ,:. d l ,.;?at.,° r,� ^` :?�,'' '",- ,..i•; , `Y+"a: n:i <. , ;i, * 'A' < ...art a'a^; = xp. . I s I i v CD r n 24x36X3W4 ; 72x24 36724 ; 2972BLF 297 LF nn ME ® PROJECT TITLE NO. REVISIONS DATE SCALE DATE r x_T eOOx�'x��� T t o x a 112" =1' -0" Dec. 31 02 10 SMED LANE S.E. F DRAWING NO. DRAWN BY CALGARY, ALBERTA CANADA T20 4T5 TEL(403)2036000 FAX(403)203 -6001 - J.Dl��er TM PROJECT NUMBER - Constructive Solutions - DrwMng and material presented remain - - DRAWING TITLE the party of SMED International and may not be duplicated, used or disclosed Wellness - MASTER NO' vhthoa the consent of SMED International. SMED DEALER DO NOT SCALE DRAWINGS a D a j 1 \\ '1 \ ilu 91 1 1 - (V \\ C6 /IL AN U 1 a J O o U r � � O m ow z W� Wig K r 1 D Q, w V QQ < U — F us �a v. I 14*4 Woo J.0 WHITE OFFICE FURNITURE J.C. WHITE OFFICE FURNITURE was established L over 25 years ago. Our current yearly sales exceeding 60 million { dollars can be attributed to our ability to accommodate the demands of the local as well as "out -of -town" clients. In the ever- changing business environment, we know how important it is to enhance our resources and provide the very best solution for our potential customers. J.C. White Office Furniture currently employs over 90 people working in sales, design, project, management, customer service and installation, working together for the common goal of "total customer satisfaction ". When called upon to furnish a project locally or "out of town" our mission remains the same: Specify the best furniture solution, the I right product at the best price. Design and value engineer the product I so as to suit our client's needs. 1' { Project Management from initial planning right through the installation. { Be 100% responsible for the installation I of the future.' i Provide product service (warranty etc... I and design service at no charge. i 1- CSM 1 -MULTI ROOM.SIF CUSTOMER$ 1 -20 -2003 CITY OF SOUTH MIAMI - I ST FLOOR - MUTIPURP05E ROOM 17:24:OG # Mfg _Qty Part #_ Description / Op ions_ _ Unit Extended HSG 4041 404 I Polymer Seat $ Back 4 Chairs Per Carton 184.32 A A 2 NSG 2 4043 Cart for Stacking 4041 Chairs (Black Only) 143.52 287.04 � Totals Customer 387I.G8 7 -WNTE OFFICE FURNITURE (MPC) Page I C5M'I -ARTS CRAfT5.51F CU5TOMER$ 1 -20 -2003 CITY OF 50UTH MIAMI - 15T FLOOR- ART5 CRAFT5 ROOM 1 7:2 1 : 1 3 # __Mfg_ Oty Part # Description / Options Unit Extended I H5G I G 7702 Ta5k,5wivel,Pneu,Tilt lock 136.80 2188.50 2 H5G I G 7795 Adjustable Height Arms 40.80 G52.80 OPTIONAL Totals Customer 254I.G0 i i :.WRITE Off ICE FURNITURE (MPC) Page I C5M I - GYMNA51UM.51F CITY OF 50UTH MIAMI - I ST FLOOR - CU5TOMER$ GYMNASIUM 1-21-2003 7:48:09 # Mfg Qty Part # Description / Options Unit Extended I 1-15C 4 5265 Rectangle Trainmcg Room Table, 30D x 72W 248. 1 G 992.24 2 H5G 12 7702 - Ta5k,5Wivel,Pneu,Tllt lock 136.80 I G41 .GO 3 H5G 12 7795 Adjustable Height Arms 40.80 489.G0 OPTIONAL Totals Customer 31' 23.84 i .Wt11TE OFFICE FURNITURE (MPC) Page I I t r C5M I -GYM EQUIP.51f CUSTOMER$ CITY Of SOUTH MIAMI - 15T FLOOR - GYM EQUIPMENT STORAGE 1-21-2003 7:48:.52 # Mfo Qty Part # De5cription / Options Unit Extended I 115C 1 382 178 38000 Series Return - 2R 24D x GOW x 29 -1 /2H 257.76 257.7G 2 115C I 35242N Pull Clearance Stack -on Shelf I GG.08 IGG.08 GOW x 37-1/4H x 13-1/2D ��U�kZl�tJ 5%Y�Cc� 3' H5C 1 38247 2 30"W x I G "H Flipper Doors 98.88 98.88 w /Lock for Stack-on i9G�O-�"nW 4 H5C I 38292L 38000 Serie5 Sncjle Ped Desk 30D x GGW 2L 358.5E 358.5G 5 H5C I TGO 20H Tackboard for GOW Stack -on 86.88 82.88 G H5G 1 7823 -Mid -Back Managerial/Mulb Task Chair w /Arms Pneumatic 187.20 187.20 q 7 HUM I VBNM91 I RF Articulating keyboard tray w /mouse pad 124.00 1 24.00 0PhD 8 HWC I H5709GO Ta5klight GOW 76.32 76.32 0 om.. Totals S C5M2- COMPUTER ROOM.51F CUSTOMER$ 1 -21 -2003 CITY OF 50UTH MIAMI - 2ND FLOOR = COMPUTERIEDUCATION RM 7:4G:42 # Mfg Qty Part # Description / Options Unit Extended I HIN 8 H871 248A Electrical Power Harness 48W 3 -3 -2 System 58.08 4G4.G4 2 HIN 8 H871501 A Duplex Receptacle Circuit 1 3 -3 -2, System X 5.12 723G 3 HIN 2 H879072A Power In -Feed Cable, Base 3 -3' -2 System X G I .92 123.84 4 HIN 10 NP4224f Non Raceway Fabric Panel 42H 24W 1 10.88 1 108.80 5 HIN 8 NR4248F Raceway Fabric Panel 42H 48W 1 63.20 1 305.G0 t "i-i WfM, &_WW - 644 ►;trt, lah G HIN 10 NRC42 Raceway Connector 42H 33.12 331.20 7 HIN 10 NREC Panel Raceway EndlCover 7.20 72.00 8 hIN 8 NWR2448T Worksurface Rectangular 24D 48W 1 12.32 898.56 9 H5C I 38252L 38000 Series Single Ped Desk 30D x 48W - 2L 317.28 317.28 10 H5C 4 H870301 Power7Data Dome (Black Only) �5G.G4 22G.5G 11 H5G 21 7823 Mid -Back ManagenaUMulti Task Chair w /Arms Pneumatic 187.20 393 (.20 12 HSG 4 EDT3060G Trapezoid table G0 11W x 30p, I g rommet 170.40. 68.1 .60 Tota Is Customer 9534.24 I C.WHITE OFFICE FURNITURE,(MPC} Page l {� -05M2- RECREATION OFFICE.51F CUSTOMER$ 1-21-2003 CITY OF SOUTh MIAMI,- 2ND FLOOR - RECREATION OFFICE 7:46: 13 # Mfg Qty Part# Description / Options Unit Extended I BEV I KT3060 Rectangular 51ab Base Table, 30D x GOW 22932 229.92 2 HIN G 15723K Flagship Series Pedestal "K" Pull Freestanding B /B 18036 1085.76 3 HIN G 15823K Flagship Series Pedestal "K" Pull Freestanding F/F ' X 18036 1 085.76 00 E2 4 MIN 2 5185K 3GW 5- Drawer "K" Pull Lateral , 534.24 1068:48 G4-114H 18D wo /Posture Shelf �Y tldl�� 5 HIN 6 H5705GO Tasklight 60W 76.32 457.92 G HIN 6 H(571 224A Electrical Power Harness 24W 3 -3 -2 System , 55.20 33).20 7 HIN 18 H871.23GA Electrical Power Harness 3GW 3 -3 -2 5y5tem 55;20 993.60 8 HIN 6 H871 2GOA Electrical Power Harness GOW 3 -3 -2 System 58;08 348.48 9 h1N 24 h871 501 A Duplex Receptacle Circuit 1; 3 -3 -2, System k 5.12 218.88 10 HIN 2 H(579072A Power In -Feed Cable, Base 3 -3 -2 System 61 .92 123.54 11 HIN 6 NEP2425 End Panel Non - handed 24D 29H 57.12 342.72 ) 2 HIN 9 NPG53GF Non Raceway Fabric Panel G8H 36W 155.52 1399.68' wog_ 13 HIN' I NPGBGOF Non Raceway Fabric Panel 68h GOW 191.52 191 .52 14 HIN 2 NR4224F Raceway Fabric Panel 42H 24W 1 23.36 246.72 15 HIN 5 NR423GF Raceway Fabric Panel 42H 3GW 142.56 712.80 16 hIN I NR4260F Raceway Fabric Panel 42H 60W 183.84 183.84 17 HIN 4 NR6824F Raceway Fabric Panel G8H 24W 146.40 585.60 i :.WHITE OFFICE FURNITURE (MPC) Page L ;ct,_'jj ,i,r, .5�".': C5M2- CITY RECREATION OFFICE.51f CU5TOMER$ OF 50UTH MIAMI - 2ND FLOOR - RECREATION OFFICE 1-21-2003 7:461 13 # Mfg Qty Part # De5cri tion / O tion5 Unit Extended 18 HIN 13 NRG83GF Raceway Fabric Panel G8H 3GW 171.36 2227.68 ® 19 HIN 5 NRG8G0F Raceway Fabric Panel G8H GOW 212. 16 1 060:80 ' 20 HIN 14 NRCG8 Raceway Connector G8H i 42.72 598.08 21 HIN 8 NREC Panel Raceway End Cover 7.20 57.G0 22 HIN G N5CGODL V verhead 5torage Cab w /Doors GOW 229.92 1379.52 E 23 HIN G NWC3G24T Corner Work5urface 3GW 24D curved Ova- nveg I G4. f G 984.56 24 HIN G NWR243GT Work5urface Rectangular 24D 3GW 93.1 2 558.72 ` 25 HIN 8 NWR24GOT Work5urface Rectan ular 24D GOW 9 (W47": r. l Mikl 1 30.08 1 040.64 2G HIN 4 NWR2472T Work5urface Rectangular 24D 72W I t�.'t??s'✓. 144.9G 579.84 27 HSG 4 4GO5 Gue5t, Leg Base 53.12 372.48 28 115G G 7823 Mid -Back Managerial/Multi Task Chair w /Arms Pneumatic 187.20' 1 1 23.20 29 HUM G VBNM91 1 ITV C� Articulating keyboard tray w /mouse pad 1 24.00 744:00 Totals Customer 20334.24 .C.WHITE OFFICE FURNITURE (MPC) Page 2 I ® C5M2- RECREATION ROOM.51F CUSTOMER$ 1-21-2003 CITY, OF 50UTH MIAMI - 2ND FLOOR - RECREATION ROOM 7:50:45 ®' # Mfg Qty Part # a De5cription / Option5 Unit Extended I BEV 2 1 105 5ar Ho5p Top wl T -Mid Edg 24D x 24W 58.52 1 17.1 2 2 BEV 2 1 1 1 1 5clr Ho5p Tbl wl T -MId Edg, 3GD z 3GW GG.72 133.44 ®. 3 BEV 2 BBX22 3 "diam, 5ingle column base 22" x 22" 38.88 77.7G 4 BEV 2 13BX3G 3 "sham, single column base 3G" x 3G" G3.3G 12G.72 r 5 H5C I 38252L 38000 Series Single Ped Desk 30D x 48W - 2L 317.28 317.28 G 1-15G 12 4041 4041 Polymer Seat * Back 4 Chairs Per Carton 184.32 221 1.84 7 H5G 1 7823 Mid -Back Managerial/Multi Task Chair w /Arms Pneumatic 187.20 187.20 Totals Cu5tomer 3171.36 l .C.WdITE OFFICE FURNITURE'(MPC) Page r r i C5M2- WELLNE55- FITNES5.51F CUSTOMER$ 1-21-2003 CITY OF SOUTH MIAMI'- 2ND FLOOR - WELLNE55 /FITNE55 7:49:34 # Mfg Qty Part # Description / Options Unit Extended i H5C 1 3821 GL 38000 Series Return 2L 24D x 45W x 29 -1 /21-1 234.24 234.24 2 H5C I 382178 38000 Series Return - 2R ' 24D x 60W x 29-1/2H 257:76 257.76 3 H5C 1 38928 38000 Series Modular De5king 272.64 272.64 Corner 24 "x36 "x36 "x24 "x29- I /2" 4 H5G 2 7823 Mid -Back ManagertaUMulti Task Chair w /Arms Pneumatic 187.20 374.40 5 HUM 2 VBNM91`I RF Articulating keyboard tray w /mouse pad 124.00 248.00 Totals Customer ) 387.04 WHITE OFFICE FURNITURE (MPC) Page k- • .. .... C C5M2- FITNE55 OFFICE.5IF CUSTOMER$ 1 -21 -2003 CITY OF SOUTH MIAMI - 2ND FLOOR - FITNE55 OFFICE 7:50:04 f # Mfcl Qty Part # Description / Options Unit Extended I 115C I 38180 38000 Series Double Ped beck 437.28 437.28 3GD x'72W - 2/2 w /locks 2 H5C 1 38853 38000 5ene5 Credenza w /Doors 24D x 72W 41 1.84 41 1.84 cp�0 3 h5C I 9184K 3GW 4- Drawer "K" Pull Lateral 425.28 425.28 I 52 -1 /2H 18D w/o Posting Shelf C�'PiTf1l.� 4 H5G 2 4605 Guest; Le Base 9 53.12 186.24. 5 H5G 1 7823 Mid -Back Managerial/Multi Task Chair w /Arms Pneumatic 187.20 187.20 Totals Customer ', 1 G47.84 ..WHITE OFFICE, FURNITURE (MPQ Page L SOU7, CITY OF SOUTH MIAMI South Miami N� .. Excellence, Integrity, Inclusion �'. INCORPORATED 1927 �ORta� 2001 TO: Honorable Mayor, Vice Mayor DATE: ; April 17, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager RE: Authorizing the City Manager to Proceed with Phase 1 construction area for Church Street Infrastructure Improvements. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVING THE CHURCH STREET IMPROVEMENTS PHASE 1 CONSTRUCTION AREA; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS Following the approved infrastructure improvement master plan for Church Street, Public Works Department and the selected consultant have been working on design plans for the project. The i design is approximately 40% complete and at the point when phasing of the project will be necessary considering available construction funds. To date, we have secured $275,000 from to funding agencies for construction, while the cost to construct the entire project is approximately $1.7 million. As with every grant 'funds, one of the funds available is expected to expire by December 2003, making it necessary to construct a portion (Phase 1) of the project with the available funds, while seeking for additional funds for other phase(s). It is our recommendation that, Church Street between SW 69th Street & SW 70th Street and SW 59th Place between SW 64th Street & SW 66th Street be defined as Phase 1 area. This area was recommended because: ❑ The developer for the ongoing South Miami Apartment has committed to the improvement of the north half of the proposed Phase 1 'area. ❑ Available funds is enough to construct the south half and to construct only 11S lineal feet of 12-inch water main between SW 64th Street & SW 66th Street The proposed improvements will include reconstruction of the roadway, wider'' sidewalk, landscaping, streetscape, lighting, pavement marking and signage. RECOMMENDATION It is recommended that the City Commission approve the Phase 1 construction area. —`"%' ..F ,: _- �., '�. ti.-^er .. - ,w-- 'c�:'r:., n;:: ,.f..a;:, '.r- H,ra,;�`�'R3, ..§e �, % ;Gam .z�,,,"'_,t=;..�;'_""T-. ?,r :a':,"F�r R',r.,A:;`'i .,',,,ax: „„•?7rx�r�° �" ?�. �; 5s +>`r�.3'�,W�*,k�%rz`,''�"'�`." Page 2 of 2 Commission Agenda... April 17, 2003 Attachments: Proposed Resolution Rendering plans for the Phase 1 area. SAY /RL (WAB) , I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, RELATING TO APPROVING THE CHURCH STREET IMPROVEMENTS — 5 PHASE 1 CONSTRUCTION AREA; PROVIDING AN EFFECTIVE DATE. 6 7 8 WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements for the 9 Church Street corridor and; 10 11 WHEREAS, the construction estimate for the entire corridor is $1.7million to -date and the city has 12 secure $275,000 grant fund for the Phase 1 portion of the construction, and; 13 14 WHEREAS, the Phase 1 construction area is defined as Church Street (SW 59th Place) between SW 15 60 Street & SW 70" Street and only the construction of approximately 115 lineal feet of 12 -inch water main 16 along SW 59th Place between SW 64th Street & SW 66th Street. 17 18 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF 19 SOUTH MIAMI, FLORIDA: 20 21 Section 1: That the Mayor and City Commission authorize the City Manager to proceed with 22 the applicable infrastructure improvements along Church Street Phase 1 area defined as, Church Street (SW 59th 23 Place) between SW 69th Street & SW 70th Street and only the. construction of approximately 115 lineal feet of 24 12-inch water main along SW 59th Place between SW 64th Street & SW 66th Street. 25 26 PASSED AND ADOPTED this 22nd day of April 2003. 27 28 APPROVED': ATTEST: 29 30 31 Ronetta Taylor, City Clerk Horace G. Feliu, Mayor 32 33 34 READ AND APPROVED AS TO FORM: Commission Vote: 35 Mayor Feliu: 36 Vice Mayor Russell: 37 Commissioner Bethel: 38 CITY ATTORNEY Commissioner Wiscombe: 39 Commissioner McCrea: ±��,e`- f"'mnr?: ,,,.�— �,<:T— °.�^�'s, dry,;. �'. '"Vi"..'N. +�... . �.v ; ;"w'4 A'T°'!s."'�t ,`F�v..u^°a.' -.,,� »'�"- '�'�v„'�?'' ;3." 3T -.--, ,n'r .. +x�€+_>�, �' %»�i' :,„=� -'r �%��i �2:°n�,'iG� . i.. __= "vim_ A9. BOBN3tl X,Y '-N tldWtll • OONYIND 31VOM3O0YI .Ld .a -.i =was "VIW MM 'IS 1NOd • HDV38 NOIMOO l 0 x. 6 p Y 941CC DVNY3lBtlO l NDD49 -co. (.).A -1UG- CS3JNOd 1091 NVId N011(ISItl1S10 H31YM �x °ov "o stsuNaus mxanxoxwa • smx� - • —m • sNnxBw 133H18 41Y9 'M'S Ol 133U19 PALL :rya 'ON9 `S�1P,70bS'd ®9311�1bWH `SG71998A S1N3W3A08dWI ('1S H0N(IH0) 1d4389 'M'S gg z g 8 g is 9 a� as 3 ��@ sM 2 ag �'s d a a' §g" aaQas is g g; gzg ra5 €a $ agk , pa's a�aB�,$ s < o' js_ c swRel axc }. pp a�yaQ &� sag '`a s e >� § 5 a�... ap. u w. 6 q� z _N € a� € e 8 €.� I a s gems Bea aa� te: azd a z a �s g�a� � &a i ? � a sa @ � w �e� �� � G "a � o §§ a z �7gs e °a 6 a �I jags! a aQ:1 �sa� ` 4 s g; ill a g o � €E° _ � a d 4�� ea ���aa� W + a,� � a � k o k e� a�g 4e- fi 7 g aa$i t 6F Q a a€ o u �:Y Wd ca a g, a8€ el a s 3 i Q a s��g m d� i'01 s ¢ a g aaa _ -: R41 R� 50� i`aa= 'sg J� a ; ags Ra 4n € $ `as g < a e �a a w g fis a pa g $�€ e a g 6 w a5 @�8: 8 ww @ g�Y a aka �$ "e =s a a"� _. _. figs`°3$pp 3. Egg lag; we. pia �.. W 4" Y il " w § �I` 9 z B I ffDaga. � �a ag N - •. n" &ti € DO,! r g .._ is INn @g BM a s la a W a n� a i a as a= 3 s r :< gg "� a e g aaaa �a � ° a aas Y 4in,91�aiag���8 �a ga�� asg � o g €�._�' � yasafi�aA3l����� " � �las gej 1 =am Bs �aawsa €�ggaaa� €gg _s $Yfi a ag "�3a� ear G a € �a ' a € s sfil a g W � : ga aa�. ; a ~ IN �� <g�e a `la goo! MIN N1 egg ta8�ga�� �@ Ig�g z5G� - w. g ay F 1~13 m i's TAI-V9 ws �� I cv to I I L k e' LAY 8 "� C I a o 9 Iii x w � Ida ap � = I ° a IIa1� ' 'cz II a oil III I � � I 3 0• 1�v a III .:• � - w � • � I SRI � � I b : Ihi II a� III \001 .S. 93NVd 4 dO Z 133HS 335. Mil HOLVN '-s'y° .'z;�.";.r.. . r- =;•a,•� -'�.� -, 3ra..x= r� �� �^.,ae, °:.e �„ .�:�-�' s ,..,,��`T, , i; ,n n�"'1 aR� �° " `z�7e✓.},tws„"n a`�Y7i'�.a�wG�^TA' �`�.�.°�4 z,Cn ,7"r^�'`k :YAP m o- im c z .-q m 0 rn m v O w —I O n n m O C D W z Z 0 S Qf I c. O z O O 0 a c c c 6 SW 70 STREET _ m m --1 O Z 'A p SW69 STREET`.:' _ ping T�s e a Ew 16� a x e VALUAMS. HATFlELD & 570NER. INC. DATE. APRIL 2003 S.W. 59th PL (CHURCH ST.) IMPROVEMENTS ENGINEERS PLANNERS SURVEYORS• ENVIRONMENTAL SCIENTISTS m Drown PM m cne�km RC S.W. 70,nd STREET TO S.W. 64th STREET 4601 HONES (305) 663 - 5777 -FAX (305) 663 -5781 •AWWWM�H � CCOMT� N P Z REBECCA TRANS.P. 1Aenoger RT STREETSCAPE BOYNTON BEACH PORT ST. LUCIE •MIAMI FT LAUDERDALE • ORLANDO • TAMPA No. DATE REVOM E7 O P CERIIF. Na 4W88 Dig Nome: Water Dbt. O STATE OF FLORIDA $ SCdC to 1U MATCH LINE SEE SHEET 2 OF 4 PE a I� •ew 4 Y : as lri VS L3 m Y 71 a G7 r O n m x O Gil rn a O `d z n r` 3 N ro W i v tz r Q n. x I.,Vy W N TV ay1 ^^V V` SW 64th ST �C ii D �r o m f 0) > C tmj { ro J N�:�11��11 ♦♦ pp >> pyy LII� _ _� snI yy Yo"OA yay��Co2 AMA f<'-Y11� �SNC rSl > ,may yr J s a o m A u N _ N u QmB Q" >ysi o�o<, a Mf -1 > m QO m RAE UPI u m >a m A u - xrn�l�o�ms -p m> QmK4$" �$A �m.." iyz 05- rp� �y Utz s mOF Cmr� maD �1Q �I Qm2 T�m >:�zi [ti> �Of�. Z�1; ai.H QQQ1 AO yC�Ta Cm�Z V FZD.B 9 m'9y Ar�tilmD y 1CI °. j1nlOy j.N mY "I I�N�jj D �Z >2 2 N CD2 TDZ ° Dx ���IF,10 C�� ��Z.. Z °n °i 92 <WN m °Om D. n9 bz'Fo M. "'n m g.'".'a�'irR°4,°Qmc- -'fit m M $."m. O�.$z�t�y��s Za< p$ ��E y�>�� �m 8 z z ofa °m c �i$ gFOm ; y° y R z q -zs o z m . � $ '� �''�NI $ C 0 6� r$ r�in:T amz _s_ ° m 'c gF' iFmbi $< '�'g ~Am ', 4 of ggl o m'.A 08$$u. vsa. °� H.93!$i �>ra�a' �yND�.,�gz. m z�zm�O ai. '11 :.'z as "AZ:i�� "�'z.T °i 'm y$ 4nc zos�; n����mc :r��Ts s ^ys !qg��.: P'zly'N.,"m . ;; AMP 6 '�'. z :. >,.9N ziTC OioDn c_.g.,�,.LF 12H. Qs z Q y9 aAm$.: <$ $a 0>r € ;i-.� ;^� msFri O D m�z m $ zcc s i� z�c vr, n rSin $z� m :p.$ rn� �oF � • �� F Nmn zdzo�>F:.p°az�{. s�ti R.I. 5' 02•'� $> '�' r $.a Efiiczi?zrp czlq.> °�'zzy ' r'D.. t.�4i mm� y. cz: ; o� $ �'$ 04A? -i - I ..9`g 2.2 ccyo v �d2 ¢c RF, _z g gnm 'm s8 m K g oy p o. ;$.ypp a Q $f:9a� �ImilRiS1$ ZK�Zm j.:`" >D_° z m O <.c2cz -S >. s17,F1 EiKl. a'xa o� -� >iiN $ W T mQ v T_ �m c `2�'$ N C.. m� :m sA.iF.. '$,Wyp 'i »D.F>mi g$m 'gi.;.9"m v �e .p,c�. rTI. 1N i'n' .:.1 S. $m oa.'zzazz 'zi$$ cyagsccyziopo~�.a'dx ""� $ o.DF' $gym zm cz o s41� ;$ >•1 > Ds >: o m 9r''' °cs.` D > ;5. i wig . m. Z N os s °zz"oD' $s+�jc c APm �i» c " .. bS 2: n 1 pp pT.mg.�y as :.g >� 5x. ;s nyn�$ m �n" mv> '�_az c11Amlml$z$ - n $45Z K�$... $r g.° $v$itm... m " >.ti� 7. I- siI -%na$ me yTn y a 1 y +'ter= 7C O o� z zy�oz �. g$` $ ° igy oz °. zoo. mc. _ <"� i� T Ty n m ym a7 '0^.3..$vG n dTr g� �so ; III $lnp� myt i .. D >rm..P ;ggcs izoz'_ ¢sg °9$O9 $- 4rm9,K omg:i s a ~xrumi �.: >4� 19 -z s �ss�^ $gg:'IiT '�.. $m mA-5 Qy. z $(� Fis^�.°.$ -Rs� $tn z ti 2 3 x *d �, s5� 3 y:�.'� ic.. -�. sc ic'm- '� y ym9 mD� z "m' qzz- Oy $i�pp :O 70 m zo �T$- •IPI og z [$. �<o:t^ zgD zD <'bz♦ y ,W Kx � $ $g a a� -. R $ <Tm rA ,I a "� � 7 . D > z Nm $s -$m goT c . v m f L� $ 44tt a � _mF, $ Amv rg D° ° Yr ?E L� a Ip g m BzmRga gip wg� zyz �K y R. y$y 4 ia$s ogo p64g F D g °nz r a $o' g yo o v Tag zm5 F $z m y $y$ m 771 �{m� a rzg p9. ��" m� $ nz . M _ A :9c d ry ig i ; H m c}�i s., $m :D p c `u .z G49m oz <^� $.m Qm" az -1 $ °'''�- �^ j m °� ss ;> y9gm g ad 4 s 4 °L o z a c g���z 31 2 2 n m _ Imo y ,�.m mT ° �$o�m > y F MMg n:. z m 1 m nt $ �nm� $nM °K _° vs •"� O u �, a g m g �Fs 4<$ }g m B-z > Z ^d-2 y ?> �9$D n's mad > °ms QuQo F€ p I'�� -$� c m 6" °g fA �" g B O m o >iDT T�9° crosc oy °g mmn Ina $m2 NA 'zs� 23. He: �azm 1 i o ?� = o>q se -1 m Rg$ Ef^ sov �'cz $s $i AzmBr a° a+ u o vi s m$. y 2..: D'F.Q �D al - <s g c m a mae Q. - 1 Q9 a.$$V� '" ma >'q9�. <a D ggl'n cn - l m -zi:- F r ° n m''z < 1 pl ".om iy -a 4 ^�.y �£t 111 �"O o.�s a= °m �j in vo s . I ` z g mm _ :€pmt R_s im r qmg a" = m D_z c$94 $R n B 'z ;DQ yg Q g g 4m ¢ s n a s y Q < yz " "vQ$ Fi n- Z o g a *>< i� $ > B< m 2 "TH 1 �� =D >D m =: so �'i= s j 90 g> — R $m4 QDK �g �� �> $- 4 v K m 5.. Qi v +, -4 'J D fl 4 ° ...� 4 m z >c $ oomzgy im c 9 nna: 1 vile > 9z fA m - gS�" >•>i�lglA z i -'F$ g�> 39 ' -.v� $ cm!^ =t 9 K g $ f� gym °mo o za9g 'g" g `z o O �o'D "9b1 c Y ��� $ �Ag ° fU <y gsp $ N 9mp$v $5 g9� >�" $; �� mm�,o oyi mgamam'D" �^•{° ` _ sEi Y11 ,y C 8,. y�m'pi _$ ;• <KOs 9`r $Q. m ', o94a�$. A>rr czi $ $.tm 8c�p $ Fi ':$ o Fm- M n$ s �$ o$$w Z ��$ Fs m 9 $ czys No �" zgya 'Qmc o8 A�rggg$ z s mama T D'cg 8 A KI O zmm c � O � � a 6 � � m $ Q � $mD � y cy g$< is °e o. ms < y "4 -'i g,¢m° zo. �y I. " g o°Q �.PB. cz BA..,$ 9 e5zmppp.. A^ Q -1 co Q$ y F m m m o TH > Y 1 + °= 8 �o�B oz $�p$� �y C s'"" mFmi T" gz >$m ` n s sc 4! z y > - m F F z $s'm >ir¢v n °>Nm s gg$$s ��0 ^Izo cz^ i"�'y 2 om K$ 4 $Am< nq'i �9$$ in«F +pl SSzs °� ° g > oa z D_ $ aa �: zsgvz'v $ n v BO oz�n pmm $ m$ gxii1 S9 K9> m im° 'off . N D yy;1.N'iN 29 --1 8 Y,$s��ao.. $ $ �� >g Z'. j g sgg gy y "ara z.°c. $Q'c +IZ m �i �. �[ztL�$1Ni.. pc $ s A =�.n.. s Pr $ m<m F yy[4[tt >n yK 9:. D I'i Z2F1 =DC F AZ m �N° tf r�iD" 2 �QQ D1/1 rCi� -yiz $2:Ap Imlt, \ O_ $K° D > °LZ -' 1/Zi�m�2m g °m °.$Q Ay T,�t/��419r1. Z m�2-1 7 yD y DKD 1 y� DCy m Ks" Nm- y rtl ~iCQ �m 4 � $ w $g cs -zF o npnp n _ym. s =pm A Pi g Ell: m _ A DATE: APRIL 2003 o ? y N m Drawn PM S.W. 69th PL (CHURCH ST.) IMPROVEMENTS Mn%IadIL^QUv1S2 bQ PI�IGd® A SOON R, IU�C. ;# w z W y Checked RC S.W. 72nd STREET TO S.W. 64th. STREET ENGINEERS PLANNERS •SURVEYORS • ENNRONMENTAL SCIENTISTS I O P' P z REBECCq.TRgNS,P.E Manager 4601. PONCE DE LEON BOULEVARD, SUITE 220, . CORAL GABLES, FL 33146 T C P CERnF. No. 40988 RT WATER DISTRIBUTION PLAN PHONE (305) 663-5777 •FAX (305) 663 -5787 • WWW:WIIS- INC.COM A. STATE OF :FLORIDA Dg Name: v t- Diet BOYNTON BEACH •PORT SBLUCIE MIAMI '., Scale: V- 20' FT LAUDERDALE • .ORLANDO PAMPA No. .DATE REVISION BY t. �.., 1r?r .., .;. °3'. .,i°+�'Ir•.'�r:�F' -yi{. im,'R'.'a_'r��l"'"�l.€�eel�F i�',m,� ;,'mn'i- ,.if -' c 9 - �^-r-, AN z r N O C y�. ® \31 pN 'C T N O N \ T S - O m f *Z1 S at D c rrC * 9 * c� m fb r 0 x �., 1-d m v p N N', A � GQ � C7l m m v0 O � D-{ Oa IT v mm r m � •ew 4 Y : as lri VS L3 m Y 71 a G7 r O n m x O Gil rn a O `d z n r` 3 N ro W i v tz r Q n. x I.,Vy W N TV ay1 ^^V V` SW 64th ST �C ii D �r o m f 0) > C tmj { ro J N�:�11��11 ♦♦ pp >> pyy LII� _ _� snI yy Yo"OA yay��Co2 AMA f<'-Y11� �SNC rSl > ,may yr J s a o m A u N _ N u QmB Q" >ysi o�o<, a Mf -1 > m QO m RAE UPI u m >a m A u - xrn�l�o�ms -p m> QmK4$" �$A �m.." iyz 05- rp� �y Utz s mOF Cmr� maD �1Q �I Qm2 T�m >:�zi [ti> �Of�. Z�1; ai.H QQQ1 AO yC�Ta Cm�Z V FZD.B 9 m'9y Ar�tilmD y 1CI °. j1nlOy j.N mY "I I�N�jj D �Z >2 2 N CD2 TDZ ° Dx ���IF,10 C�� ��Z.. Z °n °i 92 <WN m °Om D. n9 bz'Fo M. "'n m g.'".'a�'irR°4,°Qmc- -'fit m M $."m. O�.$z�t�y��s Za< p$ ��E y�>�� �m 8 z z ofa °m c �i$ gFOm ; y° y R z q -zs o z m . � $ '� �''�NI $ C 0 6� r$ r�in:T amz _s_ ° m 'c gF' iFmbi $< '�'g ~Am ', 4 of ggl o m'.A 08$$u. vsa. °� H.93!$i �>ra�a' �yND�.,�gz. m z�zm�O ai. '11 :.'z as "AZ:i�� "�'z.T °i 'm y$ 4nc zos�; n����mc :r��Ts s ^ys !qg��.: P'zly'N.,"m . ;; AMP 6 '�'. z :. >,.9N ziTC OioDn c_.g.,�,.LF 12H. Qs z Q y9 aAm$.: <$ $a 0>r € ;i-.� ;^� msFri O D m�z m $ zcc s i� z�c vr, n rSin $z� m :p.$ rn� �oF � • �� F Nmn zdzo�>F:.p°az�{. s�ti R.I. 5' 02•'� $> '�' r $.a Efiiczi?zrp czlq.> °�'zzy ' r'D.. t.�4i mm� y. cz: ; o� $ �'$ 04A? -i - I ..9`g 2.2 ccyo v �d2 ¢c RF, _z g gnm 'm s8 m K g oy p o. ;$.ypp a Q $f:9a� �ImilRiS1$ ZK�Zm j.:`" >D_° z m O <.c2cz -S >. s17,F1 EiKl. a'xa o� -� >iiN $ W T mQ v T_ �m c `2�'$ N C.. m� :m sA.iF.. '$,Wyp 'i »D.F>mi g$m 'gi.;.9"m v �e .p,c�. rTI. 1N i'n' .:.1 S. $m oa.'zzazz 'zi$$ cyagsccyziopo~�.a'dx ""� $ o.DF' $gym zm cz o s41� ;$ >•1 > Ds >: o m 9r''' °cs.` D > ;5. i wig . m. Z N os s °zz"oD' $s+�jc c APm �i» c " .. bS 2: n 1 pp pT.mg.�y as :.g >� 5x. ;s nyn�$ m �n" mv> '�_az c11Amlml$z$ - n $45Z K�$... $r g.° $v$itm... m " >.ti� 7. I- siI -%na$ me yTn y a 1 y +'ter= 7C O o� z zy�oz �. g$` $ ° igy oz °. zoo. mc. _ <"� i� T Ty n m ym a7 '0^.3..$vG n dTr g� �so ; III $lnp� myt i .. D >rm..P ;ggcs izoz'_ ¢sg °9$O9 $- 4rm9,K omg:i s a ~xrumi �.: >4� 19 -z s �ss�^ $gg:'IiT '�.. $m mA-5 Qy. z $(� Fis^�.°.$ -Rs� $tn z ti 2 3 x *d �, s5� 3 y:�.'� ic.. -�. sc ic'm- '� y ym9 mD� z "m' qzz- Oy $i�pp :O 70 m zo �T$- •IPI og z [$. �<o:t^ zgD zD <'bz♦ y ,W Kx � $ $g a a� -. R $ <Tm rA ,I a "� � 7 . D > z Nm $s -$m goT c . v m f L� $ 44tt a � _mF, $ Amv rg D° ° Yr ?E L� a Ip g m BzmRga gip wg� zyz �K y R. y$y 4 ia$s ogo p64g F D g °nz r a $o' g yo o v Tag zm5 F $z m y $y$ m 771 �{m� a rzg p9. ��" m� $ nz . M _ A :9c d ry ig i ; H m c}�i s., $m :D p c `u .z G49m oz <^� $.m Qm" az -1 $ °'''�- �^ j m °� ss ;> y9gm g ad 4 s 4 °L o z a c g���z 31 2 2 n m _ Imo y ,�.m mT ° �$o�m > y F MMg n:. z m 1 m nt $ �nm� $nM °K _° vs •"� O u �, a g m g �Fs 4<$ }g m B-z > Z ^d-2 y ?> �9$D n's mad > °ms QuQo F€ p I'�� -$� c m 6" °g fA �" g B O m o >iDT T�9° crosc oy °g mmn Ina $m2 NA 'zs� 23. He: �azm 1 i o ?� = o>q se -1 m Rg$ Ef^ sov �'cz $s $i AzmBr a° a+ u o vi s m$. y 2..: D'F.Q �D al - <s g c m a mae Q. - 1 Q9 a.$$V� '" ma >'q9�. <a D ggl'n cn - l m -zi:- F r ° n m''z < 1 pl ".om iy -a 4 ^�.y �£t 111 �"O o.�s a= °m �j in vo s . I ` z g mm _ :€pmt R_s im r qmg a" = m D_z c$94 $R n B 'z ;DQ yg Q g g 4m ¢ s n a s y Q < yz " "vQ$ Fi n- Z o g a *>< i� $ > B< m 2 "TH 1 �� =D >D m =: so �'i= s j 90 g> — R $m4 QDK �g �� �> $- 4 v K m 5.. Qi v +, -4 'J D fl 4 ° ...� 4 m z >c $ oomzgy im c 9 nna: 1 vile > 9z fA m - gS�" >•>i�lglA z i -'F$ g�> 39 ' -.v� $ cm!^ =t 9 K g $ f� gym °mo o za9g 'g" g `z o O �o'D "9b1 c Y ��� $ �Ag ° fU <y gsp $ N 9mp$v $5 g9� >�" $; �� mm�,o oyi mgamam'D" �^•{° ` _ sEi Y11 ,y C 8,. y�m'pi _$ ;• <KOs 9`r $Q. m ', o94a�$. A>rr czi $ $.tm 8c�p $ Fi ':$ o Fm- M n$ s �$ o$$w Z ��$ Fs m 9 $ czys No �" zgya 'Qmc o8 A�rggg$ z s mama T D'cg 8 A KI O zmm c � O � � a 6 � � m $ Q � $mD � y cy g$< is °e o. ms < y "4 -'i g,¢m° zo. �y I. " g o°Q �.PB. cz BA..,$ 9 e5zmppp.. A^ Q -1 co Q$ y F m m m o TH > Y 1 + °= 8 �o�B oz $�p$� �y C s'"" mFmi T" gz >$m ` n s sc 4! z y > - m F F z $s'm >ir¢v n °>Nm s gg$$s ��0 ^Izo cz^ i"�'y 2 om K$ 4 $Am< nq'i �9$$ in«F +pl SSzs °� ° g > oa z D_ $ aa �: zsgvz'v $ n v BO oz�n pmm $ m$ gxii1 S9 K9> m im° 'off . N D yy;1.N'iN 29 --1 8 Y,$s��ao.. $ $ �� >g Z'. j g sgg gy y "ara z.°c. $Q'c +IZ m �i �. �[ztL�$1Ni.. pc $ s A =�.n.. s Pr $ m<m F yy[4[tt >n yK 9:. D I'i Z2F1 =DC F AZ m �N° tf r�iD" 2 �QQ D1/1 rCi� -yiz $2:Ap Imlt, \ O_ $K° D > °LZ -' 1/Zi�m�2m g °m °.$Q Ay T,�t/��419r1. Z m�2-1 7 yD y DKD 1 y� DCy m Ks" Nm- y rtl ~iCQ �m 4 � $ w $g cs -zF o npnp n _ym. s =pm A Pi g Ell: m _ A DATE: APRIL 2003 o ? y N m Drawn PM S.W. 69th PL (CHURCH ST.) IMPROVEMENTS Mn%IadIL^QUv1S2 bQ PI�IGd® A SOON R, IU�C. ;# w z W y Checked RC S.W. 72nd STREET TO S.W. 64th. STREET ENGINEERS PLANNERS •SURVEYORS • ENNRONMENTAL SCIENTISTS I O P' P z REBECCq.TRgNS,P.E Manager 4601. PONCE DE LEON BOULEVARD, SUITE 220, . CORAL GABLES, FL 33146 T C P CERnF. No. 40988 RT WATER DISTRIBUTION PLAN PHONE (305) 663-5777 •FAX (305) 663 -5787 • WWW:WIIS- INC.COM A. STATE OF :FLORIDA Dg Name: v t- Diet BOYNTON BEACH •PORT SBLUCIE MIAMI '., Scale: V- 20' FT LAUDERDALE • .ORLANDO PAMPA No. .DATE REVISION BY t. �.., 1r?r .., .;. °3'. .,i°+�'Ir•.'�r:�F' -yi{. im,'R'.'a_'r��l"'"�l.€�eel�F i�',m,� ;,'mn'i- ,.if -' c 9 - �^-r-, 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 RESPONSIVENESS GUIDELINES FOR _7 DIRECTION OR INQUIRY FROM ELECTED OFFICIALS 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami 11 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 are hereby established responsiveness guidelines for effective 24 communication between the City Manager, City Attorney and City Clerk with the elected 25 officials as follows: 26 27 1. "Staff," for the purposes of this resolution, shall refer to Appointed Staff (City 28 Manager, City Attorney and City Clerk.) 29 2. "In writing" for the purposes of this resolution shall include, and express preference 30 for, email. Commission member direction or inquiry made in a public meeting, 31 where minutes are taken, shall be considered to be in writing. 32 3. Members of the commission shall state clear direction or inquiry in writing.. 33 Members of the commission shall be mindful that policy direction comes only from 34 the body as a whole and spare staff the task of having to confront direction that is out 35 of order. Staff may refer direction or inquiry back to the whole: commission if staff 36 considers it necessary to properly act upon the item, 37 4. The fallowing shall be the general guidelines for responsiveness applicable to all 38 commission direction made in writing: ;a) Time is of the essence. All parties shall be 39 mindful that attention to prompt follow -up is essential to good government. b) 40 Emergency direction or inquiry (defined as any matter that requires immediate 41 attention to avoid loss of life or property, but not to secure a contract or grant 42 advantage, and is not caused by delay by a commission member) shall be answered 43 immediately. c. Simple direction or inquiry ,(defined as any matter that does not Additions shown by underlining and deletions shown by ever-strikin I require quire more than 3 hours of research, evaluation, and response time) shall be 2 answered in no more than two business days after being received. d) Complex 3 direction or inquiry (defined as any matter that requires more than 3 hours of time, 4 and may include the need to obtain information for other persons and sources not 5 readily available to staff) shall be answered in no more than seven business days 6 after being received. e. With each inquiry, the commission member shall suggest the 7 priority (Emergency, Simple, or Complex) and the staff member shall make an 8 independent determination confirming it. 9 5. Commission direction or inquiry shall be acknowledged at once, in writing, by the 10 staff member(s) to whom it is directe& If no mention of priority (Emergency, 11 Simple, or Complex) is made by staff, the commission-member-suggested priority 12 shall be considered confirmed. 13 6. Any problem with fulfillment of direction, inquiry, or time frame shall be reported 14 by staff; in writing, to the originating member(s) of the commission as soon as the 15 Problem is identified by staff. If the report solicits additional information from the 16 member it shall be referred to as a Request, or Clarification (RFC). The RFC shall, 17 to the greatest extent possible, provide rationale and alternate solution, best 18 attempting to fulfill the task. 19 7. :Staff's failure, as a pattern of practice, to follow these guidelines shall constitute 20 sub-standard job performance 21 8. The City Clerk shall provide a copy of these guidelines to all new staff and 22 commission members. The City Manager shall provide acopy of these guidelines to 23 a new City Clerk. 24 25 Section 2. This re solution shall take effect immediately upon approval. 26 27 28 PASSED AND ADOPTED this day of 2003. 29 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 Page 2 of 2 M 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO J.R.E. LEE ALTERNATIVE 6 SCHOOL; PETITIONING MIAMI -DADE COUNTY SCHOOL 7 BOARD TO RETURN J.R.E. LEE TO USE AS AN 8 ELEMENTARY /COMMUNITY SCHOOL; PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 WHEREAS, J.R.E. Lee Opportunity School was built in 1924 and served 12 the South Miami area as an elementary, community school until the mid 1970's 13 when it was converted to a middle school to provide alternative educational 14 placement in the southern portion of Miami -Dade County; and 15 16 WHEREAS, the conversion from an elementary community school to an 17 alternative education school has placed over the years tremendous hardship on 18 parents and students in the South Miami Community; and 19 20 WHEREAS, South Miami Kindergarten through 8th grade students must 21 walk an average of 1.8 miles, in order to attend surrounding schools, _where there 22 have been rapes, abductions, canal drownmgs, many child- pedestrian accidents,' 23 and dangerous tropical thunderstorms; and 24 25 WHEREAS, the continuous increase in traffic flow along the children's 26 walking route makes the danger grow worse each continuing year. 27 28 WHEREAS, tremendous need exists in the immediate neighborhood of 29 J.R.E. Lee, for a community school delivering ongoing education, adult literacy, 30 skills,' crafts and arts training, making its use thereof sure to hum like a beehive 31 whereas now it remains dark and unused after 3:00 PM. 32 33 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 35 36 Section 1. The City Commission hereby petitions . the Miami -Dade 37 County School Board to return J.R.E. Lee Alternative; School to the 38 elementary /community school it historically was, where it can best serve the 39 residents of this community.' 40 41 Section 2. This resolution shall take effect immediately upon approval. 42 Additions shown by underlining and deletions shown by soer-stfiking. .................,x:.�°'^?�, I PASSED AND ADOPTED this day of , 2003. 2, 3 ATTEST: APPROVED: 4' 5 6 CITY CLERK MAYOR 7 g Commission Vote: 9 READ AND APPROVED AS TO FORM: Mayor Feliu: 10 Vice Mayor Russell: I I Commissioner Wiscombe 12 CITY ATTORNEY Commissioner Bethel: 13 Commissioner McCrea: 14 Page 2 of 2 sour CITY OF SOUTH MIAMI South Miami o q ARmeriea City ., 4 Excellence, Integrity, Inclusion . INCORPORATED 1 927: O R110 2001 TO: Honorable Mayor, Vice Mayor DATE: April 17, 2003 & City; Commission FROM: 'Sanford A. Youkilis ITEM No. Acting City Manager il" RE: Authorizing the City Manager to execute 'a $485,000 grant agreement with US EPA under the State & Tribal Assistant Grant RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE SPECIAL WATER INFRASTRUCTURE GRANT FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY IN THE AMOUNT OF ` $485,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS As part of our aggressive Citywide Capital Improvement efforts, we have been awarded a special appropriations grant of $485,000 through the US Environmental Protection Agency. = This State and Tribal Assistance Grant was offered through legislative appropriations under the VA/HUD Bill for infrastructure improvements (water distribution and drainage system improvements). The grant funds 55% of all approved costs incurred up to and not exceeding $485,000 for the following projects listed in our application: ❑ Downtown' Infrastructure Improvements ❑ Church Street Improvements ❑ Multipurpose Center Phase II ❑ Multipurpose Center Onsite /Offsite Improvements According to the agreement all activities /projects most be completed by March 2004. RECOMMENDATION It is recommended that the City Commission authorize the City Manager to execute the agreement. Attachments: ❑ Proposed Resolution ❑ Agreement with U.S. Environmental Agency SAY/RL (WAB) 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE 5 SPECIAL WATER INFRASTRUCTURE GRANT FROM THE U.S. 6 ENVIRONMENTAL PROTECTION AGENCY IN THE AMOUNT 7 OF $485,000; AUTHORIZING THE CITY MANAGER TO 8 EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 12 WHEREAS, the U. S. Environmental Protection Agency has approved the Special 13 Water Infrastructure grant for the City of South Miami, under the State and Tribal 14 Assistance Grant (STAG) program through legislative appropriations under the VA /HUD 15 Bill and 16 17 WHEREAS, the City of South Miami was granted the sum of $485,000 for water 18 infrastructure improvements for the Multipurpose Center, Downtown Business District 19 and Church Street; and 20 21 WHEREAS, said grant funds ° will be matched by the EDI and EDA funding 22 sources in an amount not to exceed $396,000. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI: 26 27 Section 1. The City Manager is authorized to accept the Special Water 28 Infrastructure Grant in the amount of $485,000. 29 30 Section 2. The City Manager is authorized to execute contracts and other 31 documents applicable to the acceptance of the grant award. 32 33 Section 3. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this day of , 2003. 36 37 ` ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Bethel: 46 Commissioner McCrea: 47 Commissioner Wiscombe: 48 CITY ATTORNEY s. no.., ;- .. x._�r... 17 y.. ASSISTANCE ID NO. v ev St , � p 1111 U.S. ENVIRONMENTAL DATE OF AWARD PRG DOC ID AMEND# PROTECTION AGENCY XP - 97473603 - 0 hAR 1 3 - n, TYPE OF ACTION `` N DATE l�i� New i� Lt7fJ3 Grant Agreement PAYMENT METHOD: ACH# 44 MW Reimbursement RECIPIENT TYPE: Send Payment Request to: Municipal Dorothy Rayfield, Water Management Division, 404- 562 -9278 RECIPIENT: PAYEE: City of South Miami 6130 Sunset Drive 6130 Sunset Drive South Miami, FL 33143 ° South Miami, FL 33143 EIN: 59- 6000431 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST W. Ajibola Balogun Mario Machado Elaine Curies 6130 Sunset Drive 61 Forsyth Street Grants Management Office South Miami, FL 33143 Atlanta, GA 30303 -8960 E -Mail: Curles.Elaine @epa.gov E -Mail: E- Mail: Machado.Mar16 @epa.gov Phone 404- 562 -8364 Phone: 305- 668 - 7354 - Phone: 404 -562 -9338 PROJECT TITLE AND DESCRIPTION SPECIAL APPROPRIATION WATER INFRASTRUCTURE GRANT NEW AWARD -This special appropriations grant is for water distribution and ;drainage improvements. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTALrPROJECT PERIOD COST' 02/24/2003 - 12/01/2008 02/24/2003 - 12/01/2008 $485,000.00 $485,000.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3' calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement.' OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance /Amendment to the City of South Miami for 55.00 %o of ail approved costs incurred up to and not exceeding $485,000 for the support of approved budget period effort described in application (including all application modifications) cited in the Project Title and Description above, signed 06128/2002 included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION] ADDRESS U.S. EPA, Region 4 61 Forsyth Street Water Management Division Atlanta, GA 30303 -8960 61 Forsyth Street Atlanta, GA 30303 -8960 T UNITED TATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNA RD FICIAL TYPED NAME AND TITLE q g J. 1. Palmer, Jr., Regional Administrator tiT l This agree ant is subj6ct4 applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly <, authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Charles D. Scurr, City Manager ;- .. x._�r... 17 y.. FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 485,000 $ 485,000 EPA 1n -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds ` $ $ $ 0 Recipient Contribution $ $ 396,000 $ 396,000 State Contribution $ $ $`0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost 0 $ 881,000 $ 881,000 :Assistance Program (CFDA) Statutory Authority Regulatory Authority ; 66.606 - Surveys; - Studies - Investigations and Special; Purpose Grants Appropriations Act of 2002 (PL 107 -73) 40 CFR PART 31 Fiscal Site Name DCN- FY Approp. Code Budget Organization PRC ' Object Class Site /Project Cost Organization Obligation Deobligation - VX3084 03 E4C ': 04VOQDA 20101 B 41.83 ` - - 485,000 485;000 WN— 77,11 Table B - Program Element Classification (Non- construction) Total Approved Allowable Budget Period Cost j 1. Administrative & Legal $38,800 2. A &E Fees $4,250 r3. Project Inspection Fees $20,375 4 Construction $797,500' 5 Contingencies $20,075 6. $ 7. 71 $ 9. $ 10: $ 11 Total (Share: Recip 45.00 % Fed 55.00 %) $881,000' 12. Total Approved Assistance Amount $485,000' XP - 97473603 - 0 Page 4 Administrative Conditions 1. PROCUREMENT FOR CONSTRUCTION The cost of construction contracts ,procured in compliance with the minimum standards for procurement under grants (see 40 CFR 31.36) are allowable costs for reimbursement with grant funds. No grant funds may be used to reimburse the federal share of any construction'contract(s) found to be in noncompliance with the grant procurement regulations. (Note: all project expenditures are deemed to include both the federal and nonfederal shares). The recipient agrees to conduct all procurement for construction in compliance with 40 CFR 31.36(b) -(k) and include the "EPA Supplemental General Conditions for Federally Assisted Construction Contracts' (enclosed) including Minority Business Enterprise and Women's Business Enterprise Goals in any bidding documents. The recipient also agrees to submit to EPA for pre -award and /or post award review` procurement documents including, but not limited to: invitations for bids, independent cost estimates, bid documents, disadvantaged business enterprise documentation, etc. No payments may be made under this grant until EPA has reviewed the construction procurement documents for compliance with the minimum standards for procurement. 2. PROCUREMENT FOR ENGINEERING AND OTHER PROFESSIONAL SERVICES The costs of professional engineering and any other professional services contracts procured in with the minimum standards for procurement under grants (see 40 CFR 31.36) are allowable costs for reimbursement with grant funds. No grant funds may be used to reimburse the federal share of any engineering or other professional services contract(s) found to be in noncompliance with the grant procurement regulations. (Note: all project expenditures are deemed to include both the federal and nonfederal shares). The recipient agrees to conduct all; procurement' for engineering and other professional services in compliance with 40 CFR 31.36(b) -(k) (copy attached). The recipient also agrees to submit to EPA for pre -award and /or post -award review procurement documents including, but not limited to: selection procedures, requests for qualifications and /or proposals, evaluation methodology and results, memorandum of review or negotiation, cost analyses, proposed contract documents, etc. No payments may be made under this grant until EPA has received and reviewed the procurement documents for compliance with the minimum standards for procurement. 3. MBE/WBE AND SMALL BUSINESS CONDITION for non -SRF Recipients REQUIREMENTS: The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under assistance agreements. FAIR SHARE GOALS: (a) The recipient accepts the Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) "fair share" goals and objectives negotiated with EPA as follows: FLORIDA SRF Construction: 11 % MBE and 3% WBE' (both SRFs) A & E Services: 10% MBE and 15% WBE Commodities:; 7% MBE and 17% WBE Contractual: 14% MBE and 36 % WBE' Construction: 10% MBE and 11% WBE (non SRF) (b) If the recipient does not want to rely on the applicable State's MBE/WBE goals, the , recipient agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women -owned businesses to do work in the relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitted to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within 30 days of award and approved by EPA no later than 30 days thereafter. PURPOSE AND OBJECTIVE: The recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically, Black Colleges and Universities. BID DOCUMENTS FOR PRIME AND SUBCONTRACTORS: The recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. REQUIRED STEPS AND DOCUMENTATION: The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR §30.44(b), 40 CFR §31`.36(e),,,or 40 CFR §35.6580, as appropriate, and retain records documenting compliance. REPORTING: The recipient agrees to submit an EPA form 5700 -52A "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements," beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to the Grants Management Office within 30 days of the end of the Federal fiscal quarter (January 30, April 30, 'July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals': and other non - profit organizations, the recipient agrees to submit an EPA form 5700 -52A to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 by October 30 each year. RACE AND GENDER NEUTRAL ACTION: If race and /or gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient agrees to notify EPA in advance of any race and /or gender conscious action it plans to take to more closely achieve the "fair share objective. SMALL AND RURAL BUSINESSES: In accordance with Section 129 of' Public `Law 100- 590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under the assistance agreement to utilize small business located in rural areas to the maximum extent possible. The recipient agrees to follow the six affirmative steps stated in 40 CFR 30.44(b), 31.36 or 35.6580 as appropriate, in the award of any contracts under this assistance agreement. Compliance with this requirement will be monitored during management review conducted by EPA. ' 4. The provisions of the "Award of Grants and Cooperative Agreements for the Special Projects and Programs Authorized by the Agency's FY 2002 Appropriations Act" dated April 15, 2002, (enclosed) is incorporated herein by reference. 5. PRE -AWARD COSTS This agreement is a project cooperative /grant agreement subject to the terms and conditions of the approved work program. Costs incurred prior to the date of award are not allowable for reimbursement under this award. 6. LOBBYING AND LITIGATION The recipient agrees to provide EPA Form 5700 -53, Lobbying and Litigation Certificate as mandated by EPA's annual appropriations act. A chief executive officer of any entity receiving funds under this Act shall certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The certification must be submitted in accordance with the instructions provided by the EPA award official and is due 90 days after the end of the project period. 7. LOBBYING CONDITION for STATES. LOCALS & TRIBES Pursuant to the Lobbying Disclosure Act of 1995, any organization described in. Section 501(c)(4), of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities ;prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 8. RECYCLING TERM AND CONDITION ALL APPLICANTS: In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available` through the General Services Administration. Please note that Section 901 of E.O. 13101, dated September 14, 1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. STATE AGENCIES AND POLITICAL SUBDIVISIONS: Any State agency or agency of ,a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND NON - PROFIT ORGANIZATIONS: Pursuant to 40 CFR 30.16, State and local institutions of higher education, hospitals, and non - profit >�, �: � , ; ...;..:s- , _.,:, �,e� ��., a ,=�., a7 �; � _ ...,., rc J�. ��..,�"�"�.�'2 s � :.=- �.;�'__,�;,..� a��M. >3 �s;:,:= i -3�-.... � ,— �?;:i�W. ,.tic.` _.,� „�,• organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines: 9. HOTEUMOTEL CONDITION The recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds, complies with The Hotel and Motel Fire Safety Act of 1990. Programmatic Conditions 1. The grantee shall not advertise or award any land purchase or any final design; or construction contract that may receive federal or matching funds under this grant, and no final design or construction shall otherwise commence or continue, until the NEPA process under the National Environmental Policy Act, 42 U.S.C. 4321 et seq, and its implementing regulations, 40 CFR Part 6 and 40 CFR Part 1500 et seq is satisfactorily completed. 2. The grantee will specifically address comments received as a result of the State Executive Order 12372 process, in the Environmental Information Document (EID) and the public hearing to be held as a part of the NEPA process. 3. The grantee will contact the State Historic Preservation Officer and the State Archeologist for comments concerning impacts of the proposed project and include the comments' and resolution in the EID. `4. Before the initiation of construction, the grantee will obtain all necessary permits, including a construction permit from the state regulatory agency. 5. Generally, a minimum of thirty (30) days shall be allowed from the first day of publication and the bid opening:. 6. The time interval between acceptance of bids and award of contracts shall not exceed sixty (60) days. EPA may approve an extension of thirty (30) days due to extraordinary circumstances. 7. The', grantee shall notify EPA of any contract award: 8. The grantee agrees to comply with the Cross- Cutting Federal Laws and Authorities. 9. The'; grantee will assure the EPA prior to construction that all easements and rights -of -way have been obtained. 10. The grantee shall submit to the EPA Project Officer a quarterly progress report and a final report pursuant to 40 CFR 31.40. These reports will consist of updated progress toward work objectives, problems encountered, actions. taken to resolve problems and discussion of remaining tasks. 11. The,grantee shall conduct a preconstruction conference, if applicable for each contract in cooperation with EPA. k Revised: December 19, 2002 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 SUPPLEMENTAL GENERAL CONDITIONS FOR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS — r3'�� -+e. EPA SPECIAL CONDITIONS The attached instructions and regulations as listed below shall be incorporated into the Specifications and comprise EPA's Special Conditions. ► EPA Special Provisions Attachment Number 1 ► Requirements for Subagreements Awarded by Prime Contractors Attachment Number 2 40 CFR 31.36 (Procurement) Attachment Number 3 ► Equal Employment Opportunity (EEO) Documents: • Notice of Requirement for Affirmative Action Attachment Number 4 • Contract Specifications (Executive Order 11246) Attachment Number 5 • EEO Goals for Region 4 Economic Areas Attachment Number 6 • Special Notice #1- Check List of EEO Documentation Attachment Number 7 • Employer Information Report EEO -1 (SF 100) Attachment Number 8 ► Labor Standards Provisions for Federally Assisted Construction, EPA Form 5720 -4 Attachment Number 9 Certifications • Debarment, Suspension and Other Responsibility Matters Attachment Number 10 • Anti- lobbying Attachment Number 11 ► Utilization of Small, Minority and Women's Businesses Attachment Number 12 .Region 4 Disadvantaged Business Enterprise (DBE) Negotiated Rates Attachment Number 13 ► Bonds and Insurance Attachment Number 14 These specials conditions shall supersede any conflicting provisions of this contract. Revised 12/19/02 2 of 41 EPA Region 4 Attachment Number 1 EPA SPECIAL PROVISIONS (a) Siltation and soil erosion must be minimized during construction in accordance with Federal and State laws and regulations. (b) Restore disturbed areas to original or better condition. (c) Use of Chemicals: All: chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant,,or of other classifications, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with instructions. (d) The construction of the project, including the letting of contracts in connection therewith, shall conform to the applicable requirements for state, territorial. And local laws and ordinances to the extent that such requirements do not conflict with Federal; laws and this' subchapter. (e) The owner will provide and maintain competent and adequate supervision and inspection. (fl The EPA shall have access to the site and the project work at all'times. (g) EPA Special Appropriations grant money is being used in this project. (h) . Bids on equipment shall comply with the full and open competition requirements of 40CFR 31.36(c): (i) Change orders to the construction contract must be negotiated as per 40 CFR §31.30. (j) Any contract(s) awarded under this invitation for Bids are expected to be funded in part by a grant from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is or will be a part to this Invitation for Bids or any resulting contract. Revised 12/19/02 3 of 41 EPA Region 4 F,- Attachment Number 2 REQUIREMENTS FOR SUBAGREETVMNTS AWARDED BY A PRIME CONTRACTOR 40 CFR 31.36, (b) (8) and (e) A contractor must comply with the following provisions in its award of subagreements. (This . section does not apply to a supplier's procurement of materials to produce equipment, materials and catalog, off - the - shelf, or manufactured items.) (a) 40 CFR Part 32 (Debarment and Suspension Under EPA Assistance Programs); (b) The limitations and subagreement award in 40 CFR 31.35, 31.36(b), and 31.36(i); , (c) The profit requirements in 40 CFR 3'1.36(f)(2); (d) The requirement for small, small rural, minority, women's and labor surplus area business in 40 CFR 31.36(e); (e) The specifications requirements of 40 CFR 31.36(c); (f) The requirements of 40 CFR 31.36(b)(5); (g) The Federal cost principles in 40 CFR 31.23 and 31.36(f)(3); (h) The prohibited types of subagreements in 40 CFR 31.36(f)(4), (i) The cost and price considerations in 40 CFR 31.36(f)(1) & (2) 0) The applicable subagreement provisions in 40 CFR 31.36(1); (k) _40 CFR Part 34 (Anti- Lobbying under EPA Assistance Programs). Attachment Number 3 Revised 12/19102 4 of 41 EPA Region 4' TITLE 40-- PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY PART 31-- UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Subpart C -- Post -Award Requirements Sec. 31.36 Procurement. (a) States. When procuring property and services under a grant, a State will follow the same policies and procedures it uses < for procurements from its non - Federal funds. The State will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. Other grantees and subgrantees will follow paragraphs (b) through (i)'in this section. (b) Procurement standards. (1) Grantees and subgrantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable federal law, the standards identified in this section, and if applicable, Sec. 31.38. (2) Grantees and subgrantees will maintain a contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (3) Grantees and subgrantees will maintain a written code of standards of conduct governing the performance of their employees engaged. in the award and administration of contracts. No employee, officer or agent of the grantee or subgrantee shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer or agent, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. Grantee and subgrantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for. violations of such standards by the grantee's and subgrantee's officers, employees, or agents, or by contractors or their I agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest. (4) Grantee and subgrantee procedures will provide for a review of proposed procurements to avoid purchase of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other Revised 12/19/02 5 of 41 EPA Region '4 . ;- .- ,..- fi:- -n,-, appropriate analysis to determine the most economical approach. (5) To foster greater economy and efficiency, grantees and subgrantees are encouraged to enter into State and local intergovernmental agreements for procurement or use of common goods and services. (6) Grantees and subgrantees are encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (7) Grantees and subgrantees. are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative anaylsis of each contract item or task to ensure that its essential function is provided at the overall lower cost, (8) Grantees and subgrantees will make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical-resources. (9) Grantees and subgrantees will maintain records sufficient to detail the significant history of a procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection,.and the basis for the contract price. (10) Grantees and subgrantees will use time and material type contracts only - (i) After a determination that no other contract is suitable, and (ii) If the contract includes a ceiling price that the contractor exceeds at its own risk. (11) Grantees and subgrantees alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims. These standards do not relieve the grantee or subgrantee of any contractual responsibilities under its contracts. Federal agencies will not substitute their judgment for that of the grantee or subgrantee unless the matter is primarily a Federal concern. Violations of law will be referred to the local, State, or Federal authority. having proper jurisdiction. (12) Grantees and subgrantees will have protest procedures to handle and resolve disputes relating to their; procurements and shall in all instances disclose information regarding the protest to the awarding agency. A protestor must exhaust all administrative remedies with'the grantee and subgrantee before pursuing a protest with the Federal agency. Reviews of protests by the Federal agency will be limited to: (i) Violations of Federal law-or regulations and the standards of this section (violations of State or local law will be under the jurisdiction of State or local authorities) and (ii) Violations of the grantee's or'subgrantee's protest procedures for failure to review a complaint or protest. Protests received by the Federal agency other than those specified above will be referred to the grantee or subgrantee. (c) Competition. (1) A11 procurement transactions will be conducted in a manner providing full and open competition consistent with the standards of Sec. 31.36. Some of the situations considered to be restrictive of competition; include but are not limited to: (i) Placing unreasonable requirements on firms in order for them to qualify to do business, (ii) Requiring unnecessary experience and excessive bonding, Revised 12/19/02 6 of 4'1 EPA Region 4 (iii) Noncompetitive pricing practices between firms or between affiliated companies, (iv) Noncompetitive awards to consultants that are on retainer contracts, (v) Organizational conflicts of interest, (vi) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance of other relevant requirements of the procurement, and (vii) Any arbitrary action in the procurement process. (2) Grantees and subgrantees will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in -State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or.encourage geographic preference. Nothing in this section preempts State licensing laws. When contracting for architectural and engineering.(A/E) services, geographic location may be a selection criteria provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (3) Grantees will have written'selection procedures for procurement transactions. These procedures will ensure'that.all solicitations: (i) Incorporate ;a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equal" description may be used as a means to define the performance or other salient.requirements of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated; and (ii) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposal's. (4) Grantees and subgrantees will ensure that all,,prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, grantees and subgrantees will not preclude potential bidders from qualifying during the solicitation period. (5) Construction grants awarded under Title H of the Clean Water Act.are subject to the following "Buy American" requirements in paragraphs.(c)(5) (i) -(iii) of this section. Section 215 of the Clean Water Act requires that contractors give preference to the use of domestic material in the construction of EPA- funded treatment works. (i) Contractors must use domestic construction materials in preference to nondomestic material if it is priced no more than 6 percent higher than the bid or offered price of the nondomestic material, including all costs of delivery to the construction site and any applicable duty, whether or not assessed. The grantee will normally base the computations on prices and costs in effect on the date of opening bids or proposals. (ii) The award official may waive the Buy American provision based on factors the award official considers relevant, including: (A) Such use is not in public interest; (B) The cost is unreasonable; (C) The Agency's available resources are not sufficient to implement the provision, subject to Revised 12/19/02 7 of 41 EPA Region 4 ,... - �,. the Deputy Administrator's concurrence; (D) The articles, materials or supplies of the class or kind to be used or the articles, materials or supplies from which they are manufactured are not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities or satisfactory quality for the particular project; or (E) Application of this provision is contrary to multilateral government procurement agreements, subject to the Deputy Administrator's concurrence. (iii) All bidding documents, subagreements, and, if appropriate, requests for proposals must contain the following "Buy American" provision: In accordance with section 215 of the Clean - Water Act (33 U.S.C. 1251 et seq.) and implementing' EPA regulations, the contractor agrees that preference will be given to domestic construction materials by the contractor, subcontractors, rnaterialmen and suppliers in the performance of this subagreement. (d) Methods of procurement to be followed —(1) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold fixed at 41 U.S.C. 403(l 1) (currently set at $100,000). If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources. (2) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm -fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation�for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in 31.36(d)(2)(i) apply, (i) In order for sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders are willing and able to compete effectively and for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are'used, the following requirements apply: (A) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known' suppliers, providing them sufficient time prior to the date set for opening the bids; (B) The invitation for bids, which will include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond; (C) All bids will be publicly opened at the time and place prescribed in the invitation for bids; (D) A firm fixed -price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (E) Any or all bids' may be rejected if there is 'a sound documented reason. (3) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed -price or cost- reimbursement type contract is awarded. ItJllis generally used when conditions are not Revised 12119/02 8 of 41 EPA Region 4 appropriate for the use of sealed bids If this method is used, the following requirements apply; (i) Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical; (ii) Proposals will be solicited from an adequate number of qualified sources; (iii) Grantees and subgrantees will have a method for conducting technical evaluations of the proposals received and for selecting awardees; (iv) Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (v) Grantees and subgrantees may use competitive proposal procedures for qualifications -based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified. competitor i's selected, subject to negotiation of fair and reasonable compensation. The method, where, price is not used as a'selecton factor, can only be used in procurement of A/E professional services. It cannot be used to purchase' other types of services though A/E firms are a potential source to perform the proposed effort. (4) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. (i) Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals and one of the following circumstances applies: (A) The item is available only from a single source; (B) The public exigency or emergency for the requirement will not permit a delay: resulting from competitive solicitation; (C) The awarding agency authorizes noncompetitive proposals; or (D) After solicitation of a number of sources, competition is determined inadequate. (ii) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profits, is required. (iii) Grantees and subgrantees maybe required to submit the proposed procurement to the awarding agency for pre -award review in accordance with paragraph (g) of this section. (e) Contracting with small and minority firms, women's business enterprise' and labor surplus area firms. (1) The grantee and subgrantee will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's` business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage Revised 12/19/02 9 of 41 EPA Region 4 participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e)(2) (i) through (v) of this section. (f) Contract cost and price. (1) Grantees and subgrantees must perform a cost or price analysis in connection with every procurement action including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of his estimated cost, e.g., under professional, consulting, and architectural engineering services contracts. A cost analysis' will be necessary when adequate price competition is lacking, and for sole source procurements, , including contract modifications or change orders, unless price resonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price. (2) Grantees and subgrantees will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (3) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost.estimates included in negotiated prices are consistent with Federal cost principles (see "Sec. 31.22). Grantees may reference their own cost principles that comply with the applicable Federal cost principles. (4) The cost-plus a percentage of cost and percentage of construction cost methods of contracting shall not used. (g) Awarding agency review. (1) Grantees and subgrantees must make available, upon request of the awarding agency, technical specifications on proposed procurements where the awarding agency believes such review is needed to ensure that the item and/or service specified is the one being proposed for purchase. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the grantee or,subgrantee desires to have the review accomplished after a solicitation has been developed, the awarding agency may still review the specifications, with such review usually limited to the technical' aspects of the ` proposed purchase. (2) Grantees and subgrantees must on request make available for awarding agency pre - award' review procurement documents, such as requests for proposals or invitations for bids, independent cost estimates, etc. when: (i) A grantee's or subgrantee's procurement procedures or operation fails to comply. with the procurement standards in this section; or (ii) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; or Revised 12/19/02 10 of 41 EPA Region 4 (iii) The procurement, which is expected to exceed the simplified acquisition threshold, specifies a "brand name" product; or (iv) The proposed award is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (v) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold. (3) A grantee or subgrantee will be exempt from the pre -award review in paragraph (g)(2) of this section if the awarding agency determines that its procurement systems comply with the standards of this section. (i) A grantee or subgrantee may request that its procurement system be reviewed by the awarding 'agency to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews shall occur where there is a continuous high-dollar funding, and third -party contracts are awarded on a regular basis. (ii) A grantee or subgrantee may self-certify its procurement system. Such self- certification shall not limit the awarding agency's right to survey the system.' Under a self - certification procedure, awarding agencies may wish to rely on written assurances from the grantee or subgrantee that it is complying with these standards. A grantee or subgrantee will cite specific procedures, regulations, standards, etc., as being in compliance with these requirements and have its ;system available for review. (h) Bonding requirements. For construction or facility improvement' contracts or subcontracts exceeding the simplified acquisition threshold, the awarding agency may accept the bonding policy and requirements of the grantee or subgrantee provided the awarding agency, has made a determination that the awarding agency's interest is adequately protected. If such a determination has riot been made, the minimum requirements shall be as follows: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying, a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual.documents as may be required'' within' the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. (i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee' or subgrantee including the manner by,which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Revised 12/19/02 11 of 41 EPA Region 4 —,u..� �� .:�,. �„° � s ��"' '°a,^,��- �;-nt:�,±�' -w.,�, ;�°i, ,,,,i ,. s'�;^"''„€;�c ,? •.sir �Yr'-.. - (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) (4) Compliance with the Copeland "Anti - Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for construction , or repair) (5) Compliance with the Davis -Bacon Act (40 U.S.C. '276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR part 5). , (Construction contracts awarded by grantees and subgrantees in excess of'$2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.. (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly; authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. ° (11) Retention of all required records for three years after grantees or subgrantees.make'final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and' Environmental Protection Agency regulations' (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) (13) Mandatory standards and policies relating to energy efficiency which are contained in the. State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat: 871). 0) Payment to consultants. (1) EPA will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by grantees or by a grantee's contractors or subcontractors to the maximum daily rate for a GS -18.' (Grantees may, however, pay consultants more than this amount).; This limitation applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed; grantees will pay these in accordance with their normal travel reimbursement practices. (Pub. L. 99 -591). (2) Subagreements with firms for services which are awarded using the procurement requirements in this part are not affected by this limitation. (k) Use of the same architect or engineer during construction. (1) If the grantee is satisfied with the qualifications and performance of the architect or engineer who provided any or all of the facilities planning or design services for a waste -water Revised 12/19/02 12 of 41 EPA Region 4 . _.^.,+* -rs n. _ "_^x —.:.. -�:' .�,�'ra; � -,F' .bra =s;?' a?�,t.- .".,a.`.'., ... ,',"i;?i;�•- "'�?— �;^c�,.'� .:; , ;°'„�"'., . ac .�,_r.'^_i °,�•.. 3. z"°tT-''�', +. 4r"°..3"n w *- ^-�"+ 1' a _ �? ;'i'. ,7i �sn t�.'-s'x. treatment works project and wishes to retain that firm or individual during construction of the project, it may do so without finrther public notice and evaluation of qualifications, provided: (i) The grantee' received a facilities planning (Step 1) or design grant (Step 2), and selected the architect or engineer in accordance with EPA's procurement regulations in effect when EPA awarded the grant; or (ii) The award official approves noncompetitive procurement under Sec. 31...36(d)(4) for reasons other than simply using the same individual or firm that provide' rovided facilities planning or design services for the project; or (iii) The grantee attests that: (A) The initial request for proposals clearly stated the possibility that the firm or individual selected could be awarded a subagreement for services during construction; and (B) The firm or individual was selected for facilities planning or design services in accordance 'with procedures specified in this section. (C) No employee, officer or agent of the grantee, any member of their immediate families, or their partners have financial or other interest in the firm selected for award; and (D) None of the grantee's officers, employees or agents solicited or accepted gratuities, favors or anything of monetary value from contractors or other parties to subagreements.' (2) However, if the grantee uses the procedures in paragraph (k)(1) of this section to retain an architect or engineer, any Step 3 subagreements between the architect or engineer and the grantee must meet all of the other procurement provisions in Sec. 31.36. [53 FR 8068 and 8087, Mar. 11,1988, and amended at 53 FR 8075, Mar. 11, 1988; 60 FR 19639, 19644, Apr. 19,1995; 66 FR 3794, Jan. 16, 2001] Revised 12/19/02 13. of 4.1 EPA Region 4 lctg; _'-�— '.*;a�.7. *aa v'""'S;""z-,�¢`5� � ._�: -•.. C. ..� ^,.:fir. ^�-r„ arm -�,-.�.'.�.�- ,.r,�, ,,�..'�°,,^„F .'n^d`,..,: ":,.3,�'�+ Attachment Number 4 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE.ORDER 11246) The following excerpts are from 45 FR 65984 (October 3, 1980): "The minority and female goals apply tb Federal and federally assisted construction contractors and subcontractors which have covered contracts. The goals are expresspd`as a percentage of the total hours worked by such a covered's or subcontractor's entire onsite construction workforce which is working on any construction site within a, relevant area. The goal applies to each construction craft and trade in the' contractor's entire workforce in the relevant area including those employees working on private nonfederally involved projects. Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographic area. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are, required to comply" as follows:' Goals for female participation in each trade ............... 6.9% Goals for minority participation in each trade ....' ........ Insert goals for each year (see Attachment Number 6) These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. The following excerpts are from 457R 65977 (October 3,1980): "The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet'` the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor °shall make a good faith effort to employ minority and women evenly on each of its projects. The Revised 12/19/02 14 of 41 EPA Region 4 transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. 'Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any.tier for construction work under the contract resulting from this solicitation. The; notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, country, and city, if any)." Revised 12/19/02 15 of 41 EPA Region 4 Attachment Number 5 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246 EEO Specifications Following is the standard language which must be incorporated into all solicitations for offers and bids on all Federal and Federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in. designated geographical areas: 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted. (2) "Director" means Director, Office of Federal Contract Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority; (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (4) "Minority includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community` identification). 2. Whenever the Contractor or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in Revised 12 /19/02 16 of 41 EPA Region 4 excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 -CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Pian area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance, with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does riot excuse any covered Contractor's or Subcontractor's failure to take a good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 -a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in. which it employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non - working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications Revised 12/19/02 17 of 41 EPA Region 4 . ,r, ,,;: ro;-t> .- ,'.- "': —•-•T <m -3--• -,- -. .,xi^e. . .,- 5 i Rya „.�.,d ... ,"i .:$u, ."i'f'k:. 4"4°�7—�, „n ,r u C-"1- 'z F, "n8,5'.rs4"' i.. rf•'; ?'E a.+`, shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative actions steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor. may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor `has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the- Contractor's efforts to meet its obligation. e.. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to -the sources complied under 7 -b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management Revised 12 /19/02 18 of 41 ` EPA Region 4 personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay -off, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter' discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written,. to minority, female and community organizations, to ;schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. 1. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments' and other personnel practices, do not have a discriminatory ' effect by continually monitoring all personnel and employment related activities to ensure that EEO policy and the Contractor's obligations under these specifications are being carried out. Revised 12/19/02 19 of 41 EPA Region 4 n. Ensure that, all facilities and company activities are nonsegregated except that - separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. S. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative actions obligations (7 a through p). The efforts of a contractor association, joint contractor- union, contractor - community, of other similar group of which the contractor is a member and participant may be asserted as fulfilling any one or more of its obligations <under'.7 a through p of these specifications provided that the, contractor actively; participates in the group, makes every effort to -assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's . minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates:the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obli gation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example: even though the Contractor has achieved its goal for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables for affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination Revised 12/19/02 20 of 41 EPA Region 4 and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties` shall be in violation of these specifications and executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications,' shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these 'specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor' fails to comply with the requirements of the Executive Order, the implementing regulations, or-these' specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out to submit reports relating to the provisions hereof as maybe required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper or laborer), dates of changes in stains, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Revised 12/1.9/02 21 of 41 EPA Region 4, pq Attachment Number 6 EEO Goats for Economic Areas in Region 4 Source: Appendix B -80 in 45 FR 65984 (October 3 1980) Alabama: 047 Mobile, AL SMSA Counties: 5160 Mobile, AL 26.9 AL Baldwin; AL Mobile. ' 6026 Pascagoulaa= Moss, Point MS 16.9 MS Jackson. Non -SMSA Counties 26.4 AL Choctaw; AL Clarke; AL Conecuh; AL Escambia; AL Monroe; AL Washington; AL Wlcox; MS George; MS Greene. 048 Montgomery, AL: SMSA Counties 5240 Montgomery, AL 29.9 AL Autauga; AL Elmore; AL Montgomery. Non -SMSA Counties -' 29.9 AL Barbour; AL Bullock; AL Butler, AL Coffee; AL Coosa; AL Covington;` AL Crenshaw; AL Dale; AL Dallas; AL Geneva; AL Henry; AL Houston.; AL Lowndes; AL Macon; AL Perry; AL Pike; AL Tallapoosa. 049 Birmingham, AL: SMSA Counties: 0450 Anniston, AL 14.3 AL Calhoun 1000 Birmingham, AL 24.9 AL Jefferson, AL St- Clair; AL Shelby; AL Walker, AL Etowah 8600 Tuscaloosa, AL 20.6 AL Tuscaloosa. Non -SMSA Counties 20.7 AL Bibb; AL Blount AL Cherokee; AL Chilton; AL Clay; AL Cleburne; AL Cullman; AL Fayette; AL Greene; AL Hale; AL Lamar, AL Marion; AL Pickens; AL Randolph; AL Sumter AL Talladega; AL Winston. 050 Huntsville - Florence, AL: SMSA Counties:. 2650 Florence, AL 11.9 AL Colbert; AL Lauderdale. 3440 Huntsville, AL 12.0 AL Limestone; AL Madison; AL Marshall. Non -SMSA Counties 112 AL Franklin; AL Lawrence AL Morgan; TN Lincoln. Georgia: 035 Augusta, GA: SMSA Counties: 0600 Augusta, GA - SC 27.2 GA Columbia; GA Richmond; SO Aiken Non -SMSA Counties 32.5 GA Burke; GA Emanuel; GA Glascock; GA Jefferson; GA Jenkins; GA Lincoln; GA McDuffle; GA Taliaferro; GA Warren; GA Wilkes; SC Allendale, SC Bamberg; SC Barnwell; SC Edgefield; SC McCormick 036 Atlanta, GA' SMSA Counties 0520 Atlanta 21.2 GA Butts ;; GA Cherokee; GA Clayton; GA Cobb; GA Dekalb; GA Douglas; GA Fayette; GA Forsyth; GA Fulton; GA Gwinnett; GA Henry, GA Newton; GA Paulding; GA Rockdale; Revised 12/19/02 22 of 41 EPA Region 4 GA Walton Non -SMSA Counties 19.5 GA Banks; GA Barrow; GA Bartow; GA Carroll; GA Clarke; GA Coweta; GA Dawson; GA Elbert; GA Fannin; GA Floyd; GA Franklin; GA Gilmer; GA Gordon; GA Greene; GA Habersham; GA Hall; GA Haralson; GA Hart; GA Heard; GA Jackson; GA Jasper; GA Lamar, GA Lumpkin; GA Madison, GA Morgan; GA Oconee, GA Oglethorpe; GA Pickens; GA Pike; GA Polk; GA'Rabun,'GA Spalding; GA Stephens; GA Towns; GA Union; GA Upson; GA White. 037: Columbus, GA SMSA Counties 1800 Columbus 29.6 AL Russell; GA Chattahoochee; GA Columbus. Non -SMSA Counties 31.6 AL Chambers; AL Lee; GA Harris; GA Marion; GA Meriwether; GA Quitman; GA Schley; GA Stewart; GA Sumter, GA Talbot, GA Troup; GA Webster. 038 Macon, GA: . . SMSA Counties 4660 Macon, GA . 27.5 GA Bibb, GA Houston; GA Jones; GA Twiggs. Non -SMSA Counties 31.7 GA Baldwin; GA Bleckley; GA Crawford; GA Crisp; GA Dodge; GA Dooly; GA Hancock; GA Johnson; GA Laurens; GA Macon; GA Monroe; GA Peach; GA Pulaski; GA Putnam. GA Taylor GA Telfair GA Treutlen; GA Washington; GA Wheeler; GA Wilcox; GA Wilkinson 039 Savannah, GA: SMSA Counties: 7520 Savannah, GA 30.6 GA Bryan; GA Chatham; GA Effingham Non -SMSA Counties 29.8 GA Appling;;GA Atkinson; GA Bacon; GA Bullock; GA Candler, GA Coffee; GA Evans; GA Jeff Davis; GA Liberty, GA Long; GA McIntosh; GA Montgomery; GAScreven'GA Tattinall; GA Toombs; GA Wayne; SC Beaufort; SC Hampton; SC Jasper. 040 Albany, GA SMSA Counties 0120 Albany, GA 32.1 GA' Dougherty; GA lee. Non -SMSA Counties 31.1 GA Baker, GA Ben Hill; GA Berrien;,GA Brooks; GA Calhoun; GA Clay; GA Clinch; GA Colquitt; GA Cook; GA Decatur GA Early; GA Echols; GA Grady; GA Irwin; GA Lanier, GALowndes; GA Miller, GA Mitchell; GA Randolph; GA Seminole, GA Terrell; GA Thomas; GA Tilt; GA Turner, GA Worth Florida: 041, Jacksonville, FL: SMSA Counties 2900 Gainesville, FL 20.6 FL Alachua 3600 Jacksonville, FL 21.8 FL Baker; FIL Clay; FL Duval; FL Nassau; FL St. Johns. Non -SMSA Counties 22;2 FL Bradford; FL Columbia; FL Dade; FL Gilchrist; FIL Hamilton; FL LaFayetie; FL Levy, FL Marion; FL Putnam; FL Suwannee; FL Union; GA Brantley; GA Camden; GA Chariton; !GA Glynn; GA Pierce; GA Ware. 042'Orjando - Melbourne - Daytona Beach, FL. SMSA Counties: 2020 Daytona Beach, FL 15.7 FL Volusia. 4900 Melbourne - Tutusville - Cocoa, FL 10.7 FL Srevard.. 5960 Orlando, FL 15.5 Revised 12/19/02 23 of 41 EPA Region 4 FL Orange; FL Osceola; FL Seminole. ' Non -SMSA Counties 14.9 FL Flagler; FL Lake; FL Sumter. 043 Miami - Fort Lauderdale, FL: SMSA Counties: 2680 Fort Lauderdale - Hollywood, FL 15.5 FL. Broward. 5000 Miami, FL _ 39..5 FL Dade. 8960 West Palm Beach - Boca Raton, FL 22.4 FL Palm Beach. Non -SMSA Counties 30.4 FL Glades; FL Hendry; FL Indian River, FL Martin; FL Monroe: FL Okeechobee; FL St. Lucie. 044 Tampa - St Petersburg, FL SMSA Counties: 1140 Bradenton, FL 15.9 FL Manatee. 2700 Fort Myers, FL 15.3 FL Lee. 3980 Lakeland - Winter Haven, FL 18.0 FL Polk 7510 Sarasota, FL 10.5 FL Sarasota. 8280 Tampa - St. Petersburg, FL 17.9 FL Hillsborough, FL Pasco; FL Pinellas Non' -SMSA Counties 17.1 FL Charlotte; FL Citrus; FL Collier, FL Desoto; Fl- Hardee; FL Hernando; FL Highlands. 045 Tallahassee. FL: SMSA Counties: 8240 Tallahassee, FL 24.3 FL Leon; FL Wakulla. Non -SMSA Counties: 29,5 FL Calhoun; FL Franklin; FL Gadsden; FIL Jackson; FL Jefferson: FL Liberty; FIL Madison; FL Taylor. 046 Pensacola - Panama City, FL SMSA Counties: 8615 Panama City,'FL 14.1 FIL Bay. 6080 Pensacola, FL 18.3. FL Escambia; FL'Santa Rosa. Non -SMSA Counties 15.4 FL Gulf,: FIL Holmes; FILOkaloosa; FL Walton; FL Washington. Kentucky: 056 Paducah, KY: Non -SMSA Counties . 5.2 IL Hardin; IL Massac; IL Pope; KY Ballard; KY Caldwell; KY Calloway. KY Carlisle; KY Crittenden; KY Fulton; KY Graves; KY Hickman; KY Livingston; KY Lyon. KY McCracken; KY Marshall. 057 Louisville,: KY: SMSA Counties: 4520 Louisville,, KY -IN 11.2 IN Clark; IN Floyd; KY Bullift; KY Jefferson; KY Oldham. Non- SMSA Counties 9.6 IN Crawford; IN Harrison; IN Jefferson; IN Orange; IN Scott; IN Washington; KY Breckinridge; KY +Grayson; KY Hardin; KY Hart; KY Henry; KY Larue; KY Marion; KY Meade; KY Nelson; KY Shelby; KY Spencer; KY Trimble; KY Washington. 058 Lexington, KY SMSA Counties' Revised 12/19/02 24 of 41 EPA Region 4 4280 Lexington - Fayette, KY 10.8 KY Bourbon; KY Clark; KY Fayette; KY Jessamine; KY Scott; KY Woodford. Non -SMSA Counties 7.0 KY Adair KY Anderson; KY Bath; KY Boyle; KY Breathitt; KY Casey; KY Clay; KY Estill; KY Franklin- KY Garrard; KY Green; KY Harrison - KY Jackson; KY Knott; KY Lee, KY Leslie; KY Letcher, KY Lincoln; KY Madison; KY Magoffln; KY,Menifee; KY Mercer, KY Montgomery; KY Morgan. KY Nicholas; KY Owsley; KY Perry; KY Powell; KY Pulaski; KY Rockcastle; KY Russell; KY Taylor, KY Wolfe. Mississippi: ' 112 Jackson, MS: SMSA Counties; 3560 Jackson, MS 30.3 MS Hinds; MS Rankin. Non -SMSA Counties 32.0 MS Attala; MS Choctaw; MS Choctaw; MS Clarke; MS Copiah; MS Covington; MS Franklin; MS Holmes: MS Humphreys; MS Issequena; MS Jasper, MS Jefferson; MS Jefferson Davis; MS Jones; MS Kemper; MS Lauderdale; MS Lawrence; MS Leake; MS Lincoln; MS Lowndes; MS Madison; MS Neshoba;,MS Newton; MS Noxubee,- MS Oktibbeha; MS Scott; MS Sharkey; MS Simpson; MS Smith; MS Warren; MS Wayne; MS Winston; MS Yazoo. North Carolina: 024 Rocky Mount- Wilson - Greenville NO: Non -SMSA Counties 31.7 NC Beaufort; NC Carteret; NO Craven,- NO Dare; NO Edgecombe; NO Greene; NO Halifax; NO Hyde; NO Jones; NO Lenoir', NC Martin; NC Nash; NO Northampton; NO Pamlico; NO Pitt; NO Tyrrell; NO Washington; NO Wayne ;' NO Wilson' 025 Wilmington, ,NC: SMSA Counties: 9200 Wilmington, NO 20.7 NC Brunswick; NO New Hanover. Non -SMSA counties 23.5 NO Columbus; NO Duplin; NO Onslow; NO Pander. 026 Fayetteville, NO: SMSA Counties: 2560 Fayetteville, NO 26.2 NO Cumberland. _. Non -SMSA Counties 33.5 NO Bladen; NO Hoke; NO Richmond; NO Robeson; NO Sampson; NO Scotland. 027 Raleigh; Durham, NC. SMSA Counties: 6640 Raleigh - Durham . 22.8 NG Durham; NO Orange; NO Wake. Non -SMSA Counties 24.7 NO Chatham; NO Franklin; NO Granville; NC Harnett; NO Johnston ;ANC Lee; NC Person; NO Vance; NO Warren. 026 Greensboro - Winston Salem - High Point, NC; SMSA Counties: 1300 Burlington, NO 16.2 , NO Alamance. 3120 Greensboro -Winston Salem - High Point NO 16.4 NO Davidson; NO Forsyth; NO Guilford; NO Randolf, NO Stokes; NC Yadkin. Non -SMSA Counties _15.5 NO Allegheny; NG Ashe; NC Caswell; NO Davie; NO Montgomery; NO Moore; NO Rockingham; NC Surry; NC Watauga; NO Wilkes. 029 Charlotte, NC: SMSA Counties: 1520 Charlotte'- Gastonia, NC 18.5 Revised 12/14/02 25 of 41 EPA Region 4 NC Gaston; NC Mecklenburg;.NC Union Non -SMSA Counties 15.7 NC Alexander, NC Anson; NC Burke; NG= Cabarrus; NC Caldwell; NC Catawba; NC Cleveland; NC Iredell ;'NC Lincoln; NC Rowan; NC Rutherford; NC Stanley; SC Chester; SC Lancaster SC York. 030 Asheville, NC Non -SMSA Counties: 0490 Asheville, NC 8.5 _NC Buncombe; NC Madison. Non -SMSA Counties 6.3 NC Avery; NC Cherokee; NC Clay; NC Graham; HC Heywood, NC Henderson; NC Jackson; NC McDowell; NC Macon; NC Mitchell; NC Swain; NC Transylvania; -NC Yancey. South Carolina: 031 Greenville - Spartanburg, SC: SMSA Counties: 316bGreenville - Spartanburg, SC 16.0' SC Greenville; SC Pickens; SC Spartanburg. Non -SMSA Counties 17.8 SC Polk; SC Abbeville; SC Anderson; SC Cherokee', SC Greenwood; SC Laurens; SC Oconee; SC Union. ..62 Columbia, SC SMSA Counties: 1760 Columbia, SC- 23.4 SC Lexington; SC Richland, No'n -SMSA Counties 32.0 °SC Calhoun SC Clarendon; SC Fairfield; SC Kershaw; SC Lee; SC Newberry; SC Orangeburg; SC Saluda; SC Sumter 033 Florence, SC Non -SMSA Counties 33.0 SC Chesterfield; SC Darlington; SC Dillon; SC Florence; SC Georgetown; SC Hony; SC Marion; SC Marlboro; SC Williamsburg: 034 Charleston - North Charleston, SC SMSA Counties 1440 Charleston - North Charleston, SC ; 30.0 SC Berkeley; SC Charleston; SC Dorchester. Non -SMSA Counties 30.7 SC Collection Tennessee: 051 Chattanooga, TN; SMSA Counties 1560 Chattanooga,, TN - GA 12.6 GA Catoosa; GA Dade; GA Walker, TN Hamilton;TN Marion; TN Sequatchie. Non -SMSA Counties 8.6 AL De Kalb; AL Jackson; GA Chattooga; GA Murray; GA Whitfield; TN Bledsoe; TN Bradley; TN Grundy; TN McMinn; TN Meigs; TN Monroe; TN Polk; TN Rhea. 052 Johnson City - Kingsport - Bristol, TN -VA: SMSA Counties'. 3660 Johnson City - Kingsport- Bristol. TN - VA 2.6 TN Carter, TN Hawkins - TN Sullivan; TN Unicoi; TN Washington; VA Scott; VA Washington; VA Bristol. ' Non -SMSA Counties 3.2 TN Greene; TN Hancock; TN Johnson; VA Buchanan; VA Dickenson; VA Lee; VA Russell; VA Smyth; VA Tazewell; VA Wise; VA Norton; WV McDowell, WV Mercer. 053 Knoxville, TN SMSA Counties: 3840 Knoxville, TN 6.6 Revised 12/19/02 26 of 41 EPA Region 4 TN Anderson; TN Blount; TN Knox; TN Union. Non -SMSA Counties 4.5 KY Bell; KY Harlan; KY Knox; KY Laurel, KY McCreary; KY Wayne; KY Whitley; TN Campbell; TN Claiborne; TN Cocke; TN Cumberland; TN Fentress; TN Grainger, TN Hamblen; TN Jefferson; TN Loudon; TN Morgan; TN Roane; TN Scott, TN Sevier. 054 Nashville, TN: SMSA Counties: 1660 Clarksville - Hopkinsville, TN - KY 18.2 KY Christian; TN Montgomery. 5360 Nashville - Davidson, TN 15.8 TN Cheatham, TN Davidson; TN Dickson; TN Robertson; TN Rutherford; TN Sumner, TN Williamson; TN Wilson. Non -SMSA Counties 12.0 KY Allen; KY Barren; KY Butler, KY Clinton; KY Cumberland; KY Edmonson; KY Logan; KY Metcalfe; KY Monroe; KY Simpson; KY Todd; KY Trigg; KY Warren; TN Bedford; TN Cannon; TN -Clay; TN Coffee; TN DeKalb; TN Franklin; TN Giles; TN Hickman; TN Houston; TN Humphreys; TN Jackson; TN Lawrence; TN Lewis; ' TN Macon; TN Marshall; TN Maury; TN Moore; TN Overton; TN Perry, TN Pickett; TN Putnam; TN Smith„ TN > Stewart; ,TN Trouslale; TN Van Buren; TN Warren; TN Wayne; TN White. 055 Memphis, TN SMSA Counties: 4920 Memphis, TN -AR -MS 32.3 AR Crittenden; MS Do Soto; TN Shelby; TN Tipton. Non -SMSA Counties 26.5 AR Clay; AR Craighead; AR Cross; AR Greene; AR Lawrence; AR Lee; AR Mississippi; AR Phillips- AR. Poinsett; AR Randolph; AR St Francis; MS Alcorn, MS Benton; MS Bolivar, MSCalhoun; MS Carroll; MS Chickasaw, MS Clay; MS Coahoma; MS Grenada; MS Itawamba; MS Lafayette; MS Lee; MS Leflore; MS Marshall; MS Monroe; MS Montgomery; MS Panola; MS Pontotoc; MS Prentiss; MS Quitman; MS Sunflower;' MS Tallahatchie; MS Tate; MS Tippah; MS Tishomingo; MS Union; MS Washington; MS Webster. MS Yalobusha; MO Dunklin; MO New Madrid; MO Perniscot; TN Benton; TN Carroll; TN Chester, TN Crockett; TN Decatur, TN Dyer, TN Fayette; TN Gibson; TN Hardeman; TN Hardin; TN Haywood; TN Henderson- TN Henry; TN Lake; TN Lauderdale; TN McNairy; TN Madison; TN Oblon; TN Weakiey. Revised 12/19/02 27 of 41 EPA Region 4 Attachment Number 7 CHECK LIST OF EEO DOCUMENTATION FOR BIDDERS ON EPA ASSISTED CONSTRUCTION (Required by Executive Order 11246 as amended) The low, responsive responsible bidder must forward the following items in duplicate to the owner (Qrantee) no later than ten (10) days after bid opening The owner (grantee) shall transmit one (1) copy to the Office of Federal Contracts Compliance within 14 days =after the bid opening The web site for the OFCC is http: / /www.dol- gov /esa/ofcp org.htm. 1. EPA Project Number. Project Location. Type of Construction. 2. Copy of EEO -1 (SF -100) Report. (Employer Information Report, annually submitted to the Equal Employment Opportunity Commission., See Attachment Number 8. DO NOT SUBMIT TO EPA!) 3. Copy of Affirmative Action Plan of contractor. Indicate company official responsible for EEO. 4. List of current construction contracts, with dollar amount. List contracting Federal Agency, if applicable. 5. Statistics concerning company percent workforce, permanent and temporary, by sex, race, trade, handicapped, and age. 40 CFR Part 7. 6. List of employment sources for project in question. If union sources are utilized, indicate percentage of minority membership within the union crafts. 7. Anticipated employment needs for this project, by sex, race and trade, with estimate of minority participation in specific trades. 8. List of subcontractors (name, address and telephone) with dollar amount and duration of subcontract. Subcontractor contracts over $10,000 must submit items 1- 8. 9. List of any subcontract work yet to be committed with estimate`of dollar amount and duration of contract. 10. Contract Price. Duration of prime contract. 11. DBE Documents - See special instructions regarding use of Minority, and Women Owned, and Small Businesses. Revised 12/19/02 28 of 41 EPA Region 4 Joint # EQUAL EMPLOYMENT OPPORTUNITY nominee (INT. committee (tt•g s.osi e equal Elm ent 0.fd.9, No. 364-0007 o Ym EMPLOYER WFORMATON REPORT EEO -1 a /ii_/93 EXPIRES pportunity,Com- mission • Of de, of Federal Contract CompiF once Programs (Labor) t>ectiot( A =TYPE OF REPORT gofer to iristructions for d mber and typea;of'reporto to be filed. 1. Indicate by marking in the. appropriate -box the• type of ro orting onit for 0410 this -copy .of •the• form is submitted (MARK ONLY ONE SOXt t1u.1li.estabtlshrncgl Einploy6r.' (1) 0 6ingle•lstabfl'shmenl Etnoioyer Report (2) 0 Conselldated Report (Required) (3) p Hadflgwartere Uolt'Rdoort tRequired) TAI [3 Intifyidt of Eateblishmerll RePoil bob'md one for eaich e;• toblishment.Wth504r'morif employees) :lS).[) S60CIet ROPOrt : 2. Total ntirntwnf reports being. (tied by thle,Cottlpany (Answer•on'Gnnso.(Idatod Raport.oniy) Section t3— C.OMPANY 1DtWT'iF.(CAjj*K4TP be-ansivmne0by all empioygrs) oFRICE. 1. Pardlit Coo paq . USE QNIY a. Naive of pari3nt coritpany (ovens or controls e5ttebi(shment iti: tern 2f oaiif if some• as label a,. AcWress..(NurnUer and stree ) b City or town State 21P 'code 0 2. Establishment for which thl5 report is filed..fom)t ir'same as label( a. Name of estbblishmerit A Address (NuinW.and streetj City of Town County Slet ii ZIP code b. Employer Identification. No. (IRS 9•0IGIT TAX NUMBER). G c:. Was an EEO-�1 report filed for this establishment last year? j3 Yes. ED. No Section C— EMP- LGY9iRS,.WRO ,AAA R.EJOUIRED TO' FILE I To pg. answpeed by all emprgyet�) C) Yes ❑. No. 1. 'Does .the`'ent(re companV',hatro :at least 100 employoys']n- the• payroil' period for which) mli are reporting? ❑ Yes ❑ No 2. Is yourcompany affillatfo through common ownership andlor centralized management with-other entities In art enterprlstz ik th a -total enlpl'oyfiera of:100 pr more} .❑ Yes p No 3. Does •the company or any of its ;tfstab)IShments;(a) :have 50 or more -employees AN'0 {b) Is not exempt as prdVlded by 41 GFR 60-1.5, AND. elth'ef (1) IS a prtme goyeriiman.GpontreCtor or first•tier SUbtontractor, anfl bas` a contragG spbcontract, or. purchase order smourittng to $50,000 orm'ork, or (2) serves as a tlepos(tdty.of GuverhmentYund's in any amount or It afinanciatlnstitutioh which Is on issuing and paying' age(if for EI,S. Sayings 90004 add•SaVings Notes? If the respllrise to ouesilon £ -3 is yes, please eritei your Dun arid: Bradstfeet iddntificatfon'nurt b6r (if you haye one): , NOTE; If the answer-is yes to ques(ions 1, 2 =or I compfeta the enfite fofm, otherwise skip to Section G.- NSN 7540 -00 -180 -63(34 SF 100 Pate Section D- EMPLOYMENT DATA Employment at this establishment- Report all permanent full-time and part-time employees Including apprentices and on -the• job trainees unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all tines and in all columns. Blank spaces will be considered as zeros. ' NUMBER OF EMPLOYEES JOB OVERALL MA MA WHITE (NOT OF BLACK (NOT OF HISPANIC ASIAN OR PACIFIC AMERICAN INDIAN OR. WHITE (NOT OF BLACK (NOT OF. CATEGORIES TOTALS (SUM OF HISPANIC ASIAN OR PACIFIC AMERICAN INDIAN COL. 8 THRU K► -. HISPANIC ORIOINIf. HISPANIC ORIOMI' ISLANDER ALASKAN HISPANIC HISPANIC` - ISLANDER OR ALASKAN NATIVE..' ORICINI.. ORIGIN(: 'NATIVE A B• .. C O E F D H officials and Managers i Professionals 2 Technicians 3 Sales Workers 4 Office and Clerical 5 Craft Workers (Skilled) 6 Operatives (Semi-Skilled) 7 - Laborers (Unskilled) B Service Workers 9 TOTAL, 10 Tote employment reported in previous ' NOTE: Omi[ questions 1 and 2 on the Consolidated Report. 1. Date(s) of payroll period used. 2. Does this establishment employ` apprentices? 1;, ❑ Yes 2 ❑ No Section E— ESTABUSHMENT INFORMATION Omit on the Consolidated Report is What is the major activity of this establishment ?` (Be specific. I.E., manufacturing steel <castings. retail grocer, wholesale OFFICE plumbing supplies, title Insurance, etc.' Include the specific type of product or type of. service provided, as well as the USE principal business or industrial activity.) ONLY B• Section F— REMARKS Use this item to give any identification data appearing on last report which differs from that given above, explain major changes in composition or reporting units and other pertinent information. Section 0—.CERTIFICATION Instructions G) Check 1 ❑ All-reports are accurate and were prepared in accordance with the Instructions (check on consolidated only) one 2 ❑ This report is accurate and was` prepared In accordance with the instructions. Name of Certifying Official Title I Signature Date Name of person to contact regarding Address (Number and Street) this report (Type or print) Title City and Slate 21P Code Telephone Number(Including Extension Area Code) All reports and information' obtained from individual reports will be kept confidential as required by Section 709(e) of Title VII. WILLFULLY FALSE STATEMENTS ON THIS REPORT ARE PUNISHABLE BY LAW, U.S. CODE. TITLE 19, SECTION 1001. EPA Form 5720 -4 Attachment Number 9 Labor Standards Provisions For Federally `Ass isted Construction Labor standards provisions applicable to contracts covering federally financed and assisted construction (29 CFR 55, Contract Provisions and Related Matters) that apply to EPA Special Appropriations Projects ° grants are: (a)(4)(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (a)(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (a)(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5 '(a) (1) through (10) and such other clauses as the U.S. Environmental Protection Agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The. prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (a)(7) Contract termination: debarment. A breach of the contract clauses in CFR 5.5 may be grounds for termination of the contract, and debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (b) Contractor Work Hours and Safety Standards Act. The Administrator, EPA shall cause or require the contracting officer to insert the following clauses -set forth in paragraph (b)(1),(2)',(3), and (4) of this section in full in any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by *Section 5.5(a) of this title.. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Revised 12/19/02 31 of 41 EPA Region 4 (2) Violation; liability for unpaid wages; liquidated- damages. In the event of any violation of the clause set forth in paragraph (b) (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for unliquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages.' The U.S. Environmental Protection Agency shall upon its own action or upon. written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such liabilities of such contractor or subcontractor for unpaid'wages and liquidated damages as provided in the clause: set forth in paragraph (b) (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiringthe subcontractors to include these clauses in any lower tier subcontracts.. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth ,in paragraphs (b)(1) through (4) of this section`. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in section 5.1, the Administrator of EPA shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them' for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly worked, deductions made, and actual wages paid. Further, the Administrator of EPA shall cause or require the contracting officer to insert in any such contract a clause providing that the.records to be maintained under this .paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the U.S. Environmental Protection Agency and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (Approved by the Office of Management and Budget under OMB control numbers 1215 -0140 and 1215- 0017.) Revised 12/19/02 32 of 41 EPA Region 4 CERTIFICATIONS All prime Construction Contractors shall certify that Subcontractors have not and will not be awarded to any firm that is currently on the EPA Master List of Debarred, Suspended and: Voluntarily Excluded Persons in accordance with the provisions of 40 CFR 32.500(c). Debarment action is taken against a firm for noncompliance with Federal Law: All bidders shall complete the attached certification (Attachment Number 10) in duplicate and submit both copies to the owner with the bid proposal. The owner (grantee) shall transmit one copy to EPA within 14 days after bid opening. ANTI- LOBBYING CERTIFICATION All prime Construction Contractors must certify (Attachment Number l 1) that no appropriated fluids were or will be expended for the-purpose of lobbying the Executive or Legislative Branches of the Federal Government or Federal Agency concerning this contract (contract in excess of $100,000). If the Contractor has made or agreed to make payment to influence any member of Congress in regard to award of this contract, a, Disclosure Form must be completed and submitted to the owner (grantee) with the bid proposal. The owner must transmit one copy to the State All prime Contractors must require all Subcontractors to submit the certification which must also be submitted to the owner (grantee). Revised 12/19/02 33 of 41 EPA Region 4 EPA Form 5700 -49 Attachment Number 10 CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS The prospective participant certifies to the best of its knowledge and belief that it and its principals: (A) Are not presently debarred,; suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or performing a. public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal. State, or ocal) with commission of any of the offenses enumerated in Paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification maybe grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec.. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. Revised 12 /19/02 34 of 41 EPA Region 4 Instructions for Certification Regarding Debarments Under Executive Qrder 12549, an individual or organization debarred or excluded from participation in Federal assistance or :benefitprograms may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. Accordingly, each prospective recipient of an EPA grant. loan, or cooperative agreement and any contract or subagreement participant thereunder must complete the attached certification or provide an explanation why they cannot. For further details, see 40 CFR 32.510, Participants' responsibilities, in the attached regulation. Where To Submit: The` prospective EPA grant. loan, or cooperative agreement recipient must return the signed certification or explanation with its application to the appropriate EPA Headquarters or Regional office, as required in the application instructions. A prospective prime contractor must submit a completed certification or explanation to the ; individual or organization awarding the contract. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. How To Obtain Forms: _ EPA includes the certification form. instructions, and a copy of its implementing regulation (40 CFR Part 32) in each application kit. Applicants may reproduce these materials as needed and provide there to their prospective prime contractor, who, in turn, may reproduce and provide them to prospective subcontractors. Additional copies /assistance may be requested from: Compliance Branch Grants Administration Division (PM -216F) U.S. Environmental Protection Agency 401 M Street, SW Washington, DC 20460 (Telephone: 202/475- 8025)' EPA Form 5700 -49 (11 -88) Attachment Number 11 Revised 12/19/02 35 of 41 EPA Region 4 .z�"'-*i,,;,:^ CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by secti6n1352, title 31; U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000- for each such failure. TYPED NAME & TITLE OF AUTHORIZED' REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE I am unable to certify to the above statements. My explanation is attached. Revised 12 /19/02 36 of 41 EPA Region 4 Attachment Number 12 UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESSES The provisions of PL 102 -389 and EPA's implementing regulation 40 CFR 31.36(e) require recipients of Federal assistance to award a fair share of subagreements to small, small rural, minority and women's businesses on contracts and`subagreement performed under EPA Assistance Agreements. The following procedures are to be followed for procurement under EPA Assistance Agreements. The successful bidder must submit to the EPA, with copy to the owner within 10 days after bid opening, evidence of the positive steps taken to utilize small, minority and women's businesses. Such positive efforts shall include: (1) Placing qualified small and minority businesses and women's business, enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (5) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring each party to a subagreement to take the affirmative steps listed in paragraphs 1 through 5 of this section. For purposes of clarification: • , This requirement applies to any EPA Financially assisted procurement. • This requirement mandates three responsibilities. Separate solicitations must be made of small, small rural, minority and women's businesses enterprises. • A minority business is a business, at least 51 percent of which is owned and controlled by minority group members (Black; Hispanic; Asian American; American Indian; and any other Revised 12/19/02 37 of 41 EPA Region 4 designations approved by the Office of Management and Budget that are U.S. citizens. Any specific clarification concerning the ownership and/or control issues will be provided by the EPA Regional Office. • A women's business is a business, at least 51 percent of which is owned and controlled by one or more women who are U.S. citizens. • The control determination will revolve around the minority or women owner's involvement in the day-to-day management of the business enterprise. Solicitation should allow adequate time for price analysis; EPA recommends that contact be made no later .than 15 days before bid opening. Efforts taken to comply with this requirement. must be documented in detail; maintain records of firms contacted, including any negotiation efforts to reach competitive price levels, and awards to the designated frnis. Any proposed changes from the approved Minority/Women/Small business participation after EEOCNIBE approval shall be reported to EPA prior to initiation of the action, with the reason for the proposed deviation. • The EPA recommends that the prime contractor utilize the services of the Minority Business Development Service Centers. These Centers are funded by the U.S. Department of Commerce to provide technical, `financial and contracting assistance to minority, women's and small rural business' enterprises. These Centers are located in number of Regional cities. Use of these services provided by Centers does not absolve the prime contractors from pursuing additional efforts to comply with this requirement. Revised 12/19/02' 38 of 41 EPA Region 4 Attachment Number 13 REGION 4 DISADVANTAGED BUSINESS ENTERPRISE (DBE) NEGOTIATED RATES ALABAMA Supplies (commodities) ` 2% MBE and 2.6% WBE Services (contractual) 4% MBE and 4.9% WBE Equipment 3.3% MBE and 3.3% WBE Construction 3.1 % MBE` and 2.4% WBE FLORIDA SRF Construction 11% MBE and 3% WBE (both SRF) A & E Services: 10% MBE and 15'% WBE Commodities: 7% MBE and 17 % WBE Contractual: 14% MBE and 36 % WBE Construction: 10% MBE and 11% WBE (non SRF) GEORGIA GA DNR Construction: - 4% MBE and 4% WBE (includes all SRF) All Other Categories: 4.75% MBE and 1% WBE GA EFA SRF Construction: 4.6% MBE and 2.7% WBE (Drinking & Clean Water Program) KENTUCKY SRF Construction: 3% MBE and 5% WBE. (both programs) Equipment: 1.5% MBE and 6.4% WBE Services; 4% MBE and 1.8% WBE Supplies:* 2% MBE and 5% WBE * As explained elsewhere, this goal applies to only non -State grantees in Kentucky as State recipients are already contractually committed to an exclusive supplier. MISSISSIPPI Revised 12/19/02 39 of 41 EPA Region 4 ... •. ., .» µ w7" :,nom, .., x, .. x •,: � :. SRF Construction Drinking Water: 2.9 % MBE and 0.64% WBE Clean Water: 5.9% MBE and 1.6% WBE Equipment: 3.7% MBE and 3.0% WBE Commodities: 1.1% MBE and 1.8% WBE (supplies) Contractual: 1.7% MBE and 2.3% WBE " (services) NORTH CAROLINA SRF Construction: 8 % MBE and 5 % WBE (both programs) Agriculture (only) Supplies: 1.5% MBE and 1.5 % WBE Services: 0% MBE and 8.8% WBE Professional Services: 4% MBE and 10% WBE (statewide) Goods & Services: 7 % MBE and 9% WBE (includes all equipment, supplies & services) SOUTH CAROLINA Construction: 3.6% MBE and 2.4% o WBE (all SRF) Services: 11% MBE and 11% WBE Equipment: 10% MBE and 10% WBE Supplies: 9% o MBE and 9% WBE UST Services: 0 % MBE and 1.44 % WBE TENNESSEE' All Categories: 7 % MBE 1% WBE (includes all SRF) Revised 12/19/02 40 of 41 EPA Region 4 Attachment Number 14 BONDS AND INSURANCE Bonding requirements for contracts of $100.000 or less are contained in 40 CFR 31.36(h) Bond requirements for contracts in excess of V00,000`are: Bid guarantee equivalent to five percent of the bid price! The bid guarantee shall consist ° of a firm commitment such as a certified check or bid bond submitted with the bid; - Performance bond equal to 100 percent of the contract price, and - Payment bond equal to 100 percent of the contract price. Bonds must be obtained from companies holding Certificates of Authority as acceptable sureties, issued by the U.S. Treasury. Insurance requirements are contained in the General Conditions of the contract. In addition to the other required insurance, the owner or the contractor, as appropriate, must acquire any flood insurance made available by the Federal Emergency Management Agency as required by 44 CFR Parts 59 -79 if construction will take place in a flood hazard area identified by the Federal Emergency Management Agency. The owner's requirements on Flood Insurance are contained in the Special Conditions Section of the Contracts Documents. Revised 12/19/02 41 of 41 EPA Region 4 tea:. ,., EPA SPECIAL CONDITIONS The attached instructions and regulations as listed below shall be incorporated into the Specifications and comprise EPA's Special Conditions. EPA Special Provisions Attachment Number 1 ► Requirements for Subagreements Awarded by Prime Contractors Attachment Number 2 ► 40 CFR 31.36 (Procurement) Attachment Number 3 Equal Employment Opportunity (EEO) Documents: • Notice of Requirement for Affirmative Action Attachment Number 4 • Contract Specifications (Executive Order 11246) Attachment Number 5 • EEO Goals for Region 4 Economic Areas Attachment Number 6 • Special Notice #1- Check List of EEO Documentation Attachment Number 7 • Employer Information Report EEO -1 (SF 100)' Attachment Number 8 ► Labor Standards Provisions for Federally Assisted Construction, EPA Form 5720 -4 Attachment Number 9 ► Certifications • Debarment, Suspension and Other Responsibility Matters Attachment Number 10 • Anti - lobbying Attachment Number 11 Utilization of Small, Minority and Women's Businesses Attachment Number 12 ► Region 4 Disadvantaged Business Enterprise (DBE) Negotiated Rates Attachment Number 13 ► Bonds and Insurance Attachment Number 14 These specials conditions shall supersede any conflicting provisions of this contract. Revised 12/19/02 2 of 41 EPA Region 4 Attachment Number 1 EPA SPECIAL PROVISIONS (a) Siltation and soil erosion must be minimized during construction in accordance with Federal and State laws and regulations. (b) Restore disturbed areas to original or better condition. (c) Use of Chemicals: All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, ,or of other classifications, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with instructions. (d) The construction of the project, including the letting of contracts in connection therewith, shall conform to the applicable requirements for state, territorial. And local'.laws and ordinances to the extent that such requirements do not conflict with Federal laws and this subchapter. (e) The owner will provide and'maintain competent and adequate supervision and inspection. (f) ; The EPA shall have access to the site and the project work at all'times. (g) EPA Special Appropriations grant money is being used in this project. (h) Bids on equipment shall comply with the full and open competition requirements of 40CFR 31.36(c). 4a (i) Change orders to the construction contract must be negotiated as per 40 CFR §31.30. (j) , Any contract(s) awarded under this invitation for Bids are expected to be funded in part by 'a grant from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is or will be a part to this Invitation for i Bids or any resulting contract. F s is j Revised 12/19/02 3 of 41 EPA Region 4 { .......... Attachment Number 2 REQUIREMENTS FOR SUBAGREEMENTS AWARDED BY A PRIME CONTRACTOR' 40 CFR 31.36 (b) (8) and (e) A contractor must comply with the following provisions in its award of subagreements. (This . section does not apply to a supplier's procurement of materials to produce equipment, materials and catalog, off -the- shelf, or manufactured items.) (a) 40 CFR Part 32 (Debarment and Suspension Under EPA Assistance Programs); (b) The limitations and subagreement award in 40 CFR 31.35, 31.36(b), and 31.36(i); (c)' The profit requirements in 40 CFR 31.36(f)(2); (d)` The requirement for small, small rural, minority, women's and labor surplus area business in 40 CFR 31.36(e); (e) The specifications requirements of 40 CFR 31.36(c); (f) The requirements of 40 CFR 31.36(b)(5); (g) The Federal cost principles in 40 CFR 31.23 and 31.36(f)(3); (h) The prohibited types of subagreements in 40 CFR 31.36(f)(4); (i) The cost and price considerations in 40 CFR 31.36(f)(1) & (2); (j) The applicable subagreement provisions in 40 CFR 31.36(i); (k) 40 CFR Part 34 (Anti - Lobbying under EPA Assistance Programs). Attachment Number 3 Revised 12 /19/02 4 of 41 EPA Region 4 ,. -x; ..,.— .;.- ,�"'�- `'Ts"`.,'�. *;e'. ^ Rai , +:.: �'.ry.�a. a .,.A, ,- ��:r;:.,T `�; "vim",, ,"5"'ae'.^ `°^*,^ - ,..z �:,:,W%"r.^"9F7'��_`. * "_, �'^ °�- 'tT`"i?h ✓;;.` „ ate, � �a ..F ��.H TITLE 40-- PROTECTION OF ENVIRONMENT CHAPTER I -- ENVIRONMENTAL PROTECTION AGENCY PART 31-- UNIFORM ADMINISTRATIVE REQUIREMENTS, FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Subpart C - -Post -Award Requirements Sec. 31.36 Procurement. (a) States. When procuring property and services under a grant, a State will follow the same policies and procedures it uses for procurements from its non - Federal funds. The State will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. Other grantees and subgrantees will follow paragraphs (b) through (i) in this section. (b) Procurement standards. (1) Grantees and subgrantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform, to applicable federal law, the standards identified in this section, and if applicable, Sec. 31.38. (2) Grantees and subgrantees will maintain a contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (3) Grantees and subgrantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer or agent of the grantee or subgrantee shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer or agent,' (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An ;organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. Grantee and subgrantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents, or by contractors or their agents. The awarding agency may in regulation provide additional; prohibitions relative to real, apparent, or potential conflicts of interest. (4) Grantee and subgrantee procedures will provide for a review of proposed procurements to avoid purchase of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other Revised 12119/02 5 of 41 EPA Region 4 { - ^. .-�i �:t"a *r'*'�,s,� p�, -_ .r. ,Fi - �?�'., ,, ;.� r�:"'.- °��?2m.,;, r,��'n -.�. •,��— �- ,a;'a�. ..•,,,,+ ,#'.. �:±5, r�, .+,' {[ ;��' ; ^*-^ : fix, . , - appropriate analysis to determine the most economical approach. (5) To foster greater economy and efficiency, grantees and subgrantees are encouraged to enter into State and local intergovernmental agreements for procurement or use of comrnon goods and services. (6) Grantees and subgrantees are encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (7) Grantees and subgrantees are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative anaylsis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (8) Grantees and subgrantees will make awards only to responsible contractors possessing the ability to perform successfully. under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical-resources. (9) Grantees and subgrantees will maintain records sufficient to detail the significant history of a procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (10) Grantees and subgrantees will use time and material type contracts only-- (i) After a determination that no other contract is suitable, and (ii) If'the contract includes a ceiling price that the contractor exceeds at its own risk. (11) Grantees and subgrantees alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims. These standards do not relieve the grantee or subgrantee of any contractual responsibilities under its contracts. Federal agencies will not substitute their judgment for that of the grantee or subgrantee unless the matter is primarily a Federal concern. Violations of law will be referre dl to the local, State, or Federal authority. having proper jurisdiction. (12) Grantees and subgrantees will have protest procedures to handle and resolve disputes' relating to their procurements and shall in all instances disclose information regarding the protest to the awarding agency. A protestor must exhaust all administrative remedies with the grantee and subgrantee before pursuing a protest with the Federal agency. Reviews of protests by the Federal agency will be limited to: (i) Violations of Federal law -or regulations and the standards of this section (violations of State or local law will be under the jurisdiction of State or local authorities) and (ii) Violations of the grantee's or'subgrantee's protest procedures for failure to review a complaint or protest. Protests received by the Federal agency other than those specified above will be referred to the grantee or subgrantee. (c) Competition. (1) All procurement transactions will be conducted in a manner providing full and open competition consistent with the standards of Sec. 31.36. Some of the situations considered to be restrictive of competition include but are not limited to: (i) Placing unreasonable requirements on firms in order for them to qualify to do business,` (ii) Requiring unnecessary experience and excessive bonding, Revised 12/19/02 6 of 41 EPA Region 4 IFI ,K� T (iii) Noncompetitive pricing practices between firms or between affiliated companies, (iv) Noncompetitive awards to consultants that are on retainer contracts, (v) Organizational conflicts of interest, ;. (vi) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and, describing the performance of other relevant requirements of the procurement, and (vii) Any arbitrary action in the procurement process. (2) Grantees and subgrantees will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in -State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or.encourage geographic preference. Nothing in this section preempts State licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be 'a selection criteria provided its a pplication leaves an appropriate n um ber of qualified firms, given the nature and size of the project, to compete for the contract. (3) Grantees will have written *selection procedures for procurement transactions. These procedures will ensure that.all solicitations: (i) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to• be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it .is impractical or uneconomical' to make a clear and accurate description of the technical requirements, a "brand name or equal description may be used as a means to define the performance or other salient.requirements of a procurement. The, specific features of the named brand which must be met by offerors shall be clearly stated;, and (ii) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (4) ' Grantees and subgrantees will ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified" to ensure maximum open and free competition. Also, grantees and subgrantees will not preclude potential bidders from qualifying during the solicitation period. (5) Construction grants awarded under Title Hof the Clean Water Act.are subject to the following''Buy American" requirements in paragraphs.(c)(5) (i) -(iii) of this section. 'Section 215 of the Clean Water Act requires that contractors give preference to the use of domestic material in the construction of EPA- funded treatment works. (i) Contractors must use domestic construction materials in preference to nondomestic material if it is priced no more than 6 percent higher than the bid or offered'price of the nondomestic material, including all costs of delivery to the construction site and any applicable duty, whether or not assessed. The grantee will normally base the computations on prices and costs in effect on the date of opening bids; or proposals.. (ii) The award official may waive the Buy American provision based on factors the award official considers relevant, including: (A) Such use is not in the public interest; (B) The cost is unreasonable; (C) The Agency's available resources are not sufficient to implement the provision, subject to Revised 12/19/02 7 of 41 EPA Region 4 the Deputy Administrator's concurrence; (D) The articles, materials or supplies of the class or kind to be used or the articles, materials or supplies from which they are manufactured are not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities or satisfactory quality for the particular project; or (E) Application of this provision is contrary to multilateral government procurement agreements, subject to the Deputy Administrator's concurrence. (iii) All bidding documents, subagreements, and, if appropriate, requests for proposals must contain the following "Buy American" provision: In accordance with section 215 of the Clean' Water Act (33 U.S.C. 1251 et seq.) and implementing EPA regulations, the contractor agrees that preference will be given to domestic construction materials by the contractor, subcontractors, materialmen and suppliers in the performance of this subagreement. (d) Methods of procurement to be followed --(1) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold fixed at 41 U.S.C. 403(11)'(currently set at $100,000). If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources. (2) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm- fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation -for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in 31.36(d)(2)(i) apply. (i) In; order for sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification, or purchase description is available; (B) Two or more responsible bidders are willing and !able to compete effectively and for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply: (A) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids; (B) The invitation for bids, which will include any specifications and pertinent attachments,' shall define the items or services in order for the bidder to properly respond; ';(C) All bids will be publicly opened at the time and place prescribed in the invitation for bids; (D) A firm fixed -price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered m' determining which bid is lowest.'' Payment discounts will only be used to determine the low bid when prior' experience indicates that such discounts are usually taken advantage of; and ` (E) Any or all bids maybe rejected if there is a sound documented reason. (3) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed -price or cost- reimbursement type contract is awarded. It is generally used when conditions are not Revised 12/19/02 8 of 41 EPA Region 4 appropriate for the use of sealed bids. If this method is used, the following requirements apply: (i) Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests' for proposals shall be honored to the maximum extent' practical; (ii) Proposals will be solicited from an adequate number of qualified sources; (iii) Grantees and subgrantees will have a method for conducting technical evaluations of the proposals received and for selecting awardees; (iv) Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other' factors considered, and (v) Grantees and subgrantees may use competitive proposal procedures for qualifications based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. (4) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. (i) Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals and one of the following circumstances applies; (A) The item is available only from a single source; (B) The public exigency or emergency for the requirement will not permit' a delay resulting from competitive solicitation (C) The awarding agency authorizes noncompetitive proposals; or (D) After solicitation of a number of sources, competition is determined inadequate. (ii) Cost analysis, Le.;, verifying the proposed cost data, the projections of the data, -and <the evaluation of the specific elements of costs and profits, is required. (iii) Grantees and subgrantees may be required to submit the proposed procurement to the awarding agency for pre -award review in accordance with paragraph (g) of this section. (e) Contracting with small and minority firms, women's business enterprise and labor surplus area firms: (1) The grantee and subgrantee will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area films are used when possible. (2) Affirmative steps, shall include: (i) Placing qualified small and minority businesses and women's business ;enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage Revised 12/19/02 9 o €41 EPA Region 4 participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e)(2) (i) through (v) of this section. (f) Contract cost and price. (1) Grantees and subgrantees must perform a cost or price analysis in connection with every procurement action including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of his estimated cost, e.g., under professional, consulting, and architectural engineering services contracts. A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders, unless price resonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price. (2) Grantees and subgrantees will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment,' the amount of subcontracting, the quality of its record of past; performance, and industry profit rates in the surrounding geographical area for similar work. (3) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost.estimates included in negotiated prices are consistent with Federal cost principles (see'Sec. 31.22). Grantees may reference' their own cost principles that comply with the applicable Federal cost principles. (4) The cost-plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. (g) Awarding' agency review, (1) Grantees and subgrantees must make available, upon request of the awarding agency, technical specifications on proposed procurements where the awarding agency believes such review is needed to ensure that the item and/or service specified is the one being proposed for purchase. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the grantee or subgrantee desires to have the review accomplished after a solicitation has been developed, the awarding agency may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (2) Grantees and subgrantees must on request make available for awarding agency pre -award review procurement documents, such as requests for proposals or invitations for bids, independent cost estimates, etc. when: (i) A grantee's or sub grantee's procurement procedures or operation fails to comply. with the procurement standards in this section; or (ii) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; or Revised 12/19/02 10 of 41 EPA Region 4 r.F�„m=.- m-mrx-`°gt';,, ^'-- 4 G'- i`€' -;� x'E ie. s: u,'�if� s"dz, h`.;a.. af�'�°`-`�: • _ PFc.s'F.P"�'e,'n'?z , '...Fs.°'r, ',.`,f' S:�a r:.e's"F "�.s; ; :enres""� -5 �'aT"�'{; : ,'.`xF,;, r,S�l,'-^ - I, (iii) The procurement, which is expected to exceed the simplified acquisition threshold, specifies a "brand name" product; or (iv) The proposed award is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (v) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold. (3) A grantee or subgrantee will be exempt from the pre -award review in paragraph (g)(2) of this section if the awarding agency determines that its procurement systems comply with the f standards of this section. O A grantee or subgrantee may request that its procurement system be reviewed by the awarding' agency to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews shall occur where there is a continuous high - dollar funding, and third -party contracts are awarded on a regular basis. (ii) A grantee or subgrantee may self - certify its procurement' system. Such self - certification shall not limit the awarding agency's right to survey the system. Under a self - certification procedure, awarding agencies may wish to rely on written assurances from the grantee or subgrantee that it is complying with these standards. A grantee or subgrantee will cite specific procedures, regulations, standards, etc., as being in compliance with these requirements and have its system available for review. (h) Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition' threshold, the awarding agency may accept the bonding policy and requirements of the grantee or subgrantee provided;the awarding agency has made a determination that the awarding agency's interest is adequately;protected. If such a determination has not been made, the minimum requirements shall be as follows: (1) A bid guarantee from each bidder equivalent to five percent of the bid!price. >The "bid guarantee" shall consist of a firm commitment such as a`bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual,documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A ' "performance bond' is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond' on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all,'persons supplying labor and material in the execution of the work provided for in the contract f (i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this, section. Federal agencies are permitted to require changes, remedies, changed conditions; access and records retention, suspension of work, and other, clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified a: cquisition threshold) (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Revised 12/19/02 11 of 41 EPA Region 4 mpw- r (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) (4) Compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for construction or repair) (5) Compliance with the Davis -Bacon Act (40 U.S.C. *276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the'grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States,; or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which`are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and,.transcriptions. (11) Retention of all required records for three'years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section' 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection` Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) (13) Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). 0) Payment to consultants. (1) EPA will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by grantees or by a grantee's contractors' or subcontractors to the maximum daily rate for a GS -18. (Grantees may, however, pay consultants more than this amount). This limitation applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs i,ifor travel performed; grantees will pay these in accordance with their normal travel reimbursement practices. (Pub. L. 99- 591) (2) Subagreements with firms for services which are awarded using the procurement requirements in this part are not affected by this limitation. (k) Use of the same architect or engineer during construction. (1) If the grantee is satisfied with the qualifications and performance of the architect or engineer who provided any or all of the facilities planning or design services for a waste -water Revised 12/19/02 12 of 41 EPA Region 4 treatment works project and wishes to retain that firm or individual during construction of the project, it may do so without further public notice and evaluation of qualifications, provided: (i) The grantee received a facilities planning (Step 1) or design grant (Step 2), and selected the `` r archite ct o engineer in accordance with EPA's procurement regulations in effect when EPA awarded the grant; or (ii) The award official approves noncompetitive procurement under Sec. 31.36(d)(4) for reasons other than simply using the same individual or firm that provided facilities planning or design services for the project; or (iii) The grantee attests that: (A) The initial request for proposals clearly stated the possibility that the firm or individual selected could be ,awarded a subagreement for services during construction; and (B) The firm or individual was selected for facilities planning or design services in accordance' with procedures specified in this section. (C) No employee, officer or agent of the grantee, any member of their immediate families, or their partners have financial or other interest in the firm selected for award; and (D) None of the grantee's officers, employees or agents solicited or accepted gratuities, favors or anything of monetary,>value from contractors or other parties to subagreements. (2) However, if the grantee uses the procedures in paragraph (k)(1) of this section to retain an architect or engineer, any Step 3 subagreements between the architect or engineer and the grantee must meet all of the other procurement provisions in Sec. 31.36. [53 FR 8068.and 8087, Mara1 1, 1988, and amended at 53 FR 8075, Mar. 11, 1988; 60 FR 196399 19644, Apr. 19,1995; 66 FR 3794, -Jan. 16,'2001] Revised 12/19/02 13. of 41 EPA Region 4 f Attachment Number 4 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE.ORDER 11246) The following excerpts are from 45 FR 65984 (October 3, 1980): "The minority and female goals apply tb Federal and federally assisted construction contractors and subcontractors which have covered contracts. The goals are expressed as a percentage of the total hours worked by such `a covered's or subcontractor's entire onsite construction workforce which is working on any construction site within a relevant area. The goal applies to each construction craft and trade 'in the contractor's entire workforce in the relevant area including those employees working on private nonfederally involved projects: Until Rir er notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographic area. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60 -4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their 'other covered construction work, such contractors are required to comply" as follows; Goals for female participation in each trade ................ 6.9% Goals for minority participation in each trade ............ Insert goals for each year (see Attachment Number 6) These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted ) performed in the covered area. The following excerpts are from 45 FR 65977 (October 3, 1980): - "The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minority and women evenly on each of its projects. The Revised 12/19/02 14 of 41 EPA Region 4 transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the g o, als will be measured against t the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any -tier for construction work under the contract resulting frorn this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting- and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, country, and city, if any). Revised 12/19/02 15 of 41 EPIAL Region 4 , me i, °., -,s - k T"a"", •,.rte, 1-az*N .: 4 .,, r . fY' _.J - '..�.3�"�,r'e ;3:.; , �—a�i' - ., � r,.r r- s +''fi I Attachment Number 5 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246 EEO Specifications Following is the standard language which must be incorporated into all solicitations for offers and bids on all Federal and Federally assisted construction contracts or subcontracts in excess of $10,000`to be performed in designated geographical areas: 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted. (2) "Director" means Director, Office of Federal Contract Compliance Program, United States Department of Labor, or any person to whom the Director` delegates authority; (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (4) "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central` or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in Revised 12 /19102 15 of 41 EPA Region 4 excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the'U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Pian area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward ,a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take a good faith efforts to achieve the Plan goals and timetables., 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 -a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it'has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union° with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the, regulations promulgated pursuant thereto. 6. _ In order for the non - working training hours of appientices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications Revised 12119/02 17 of 41 EPA, Region 4 xy�R�"*`+��i�3""iL3C"ei'��x .9,^ °'s ., ,=+^ ,'�,'q 6'62�JF'%.S.Y�°' —� �;T�•Fa*nf '"'�`Sf�"5`M1 .'�:-- ^'y°' N� k >v�; ��10 �. I shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative actions steps at least as extensive as the following: a. Ensure and maintain !a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the- street' applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor. may have.taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligation. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee' programs relevant to the Contractor's employment needs, especially those programs funded'or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7 -b above. f, Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management Revised 12/19/02 18 of 41 EPA Region 4 .r_,...,` �- �","'^'--- ,;- �,�-- rz-— r= .•.s�.,,:�,;�„�..� -�;a -� . �. �,: �°: � '- �r���,�"�^�'�r.,F��r,G- ��.'., a,�--- ,�� „- �w-- '�� -fi'7' ,- ?;��.,:.. ��;- r�-`�^d:�G �*: -�.�fi, �+,�.,w:. �n:,�, personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards 'accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay: -off, termination or other employment - decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and _ maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h.' Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, fernale and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,' the contractor shall send written notification to organizations ons such as the ab ove d e c n b th e openings, screening in procedures, I. and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority a., nd female youth both on the site and in other areas of a Contractor's workforce. k Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. 1. ` Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these; employees to seek or to prepare for, through appropriate training, etc., such opportunities, In. Ensure that seniority practices, job, classifications, work assignments and other Personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that EEO policy and the I, Contractor's obligations under these specifications are being carried out. Revised 12110/02 19 of 41 EPA Region 4` - _ RF k �"' INFPW i'h `RT'_"� n. Ensure that• all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8 Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative actions obligations (7 a through p). The efforts of a contractor association, joint contractor- union, contractor- community, of other similar group of which the contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under .7 a through p of these specifications provided that the contractor actively participates in the group, makes every effort to -assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's . minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities` and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, the Contractor may be in violation of the Executive Order, if a particular group is employed in a substantially disparate manner (for example; even though the Contractor has achieved its goal for women generally, the Contractor may be in violation of the Executive' Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables for affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination Revised 12/19/02 20 of 41 EPA Region 4 and cancellation of existing subcontracts as may, be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these 'specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or-these' i specifications, the Director shall proceed in accordance with 41 CFR- 60 -48. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company ,EEO olic is being carried out to submit reports ort �_ _ s I policy _ _ _g P relator to the provisions hereof as may be required b the Government d g_ P- an to keep Y Y p records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed.; Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). II Revised 12/19/02 21 of41 EPA. Region 4 T J i Attachment Number 6 EEO Goals for Economic Areas in Region 4 Source: Appendix B -80 in 45 FR 65984 (October 3, 1980) Alabama: 047 Mobile, AL SMSA Counties: 5160 Mobile, AL 26.9 AL Baldwin; AL Mobile. 6026 Pascagoula -'Moss, Point MS 16.9 MS Jackson. Non -SMSA Counties 28.4 AL Choctaw; AL Clarke; AL Conecuh; AL'Escambla; AL Monroe; AL Washington; AL Wicox; MS George; MS Greene. 048 Montgomery, AL: SMSA Counties 5240 Montgomery, AL 29.9 ALAutauga; AL Elmore; AL Montgomery. Non -SMSA Counties 29.9 AL Barbour; AL Bullock; AL Butler, AL Coffee; AL Coosa; AL Covington; AL Crenshaw; AL Dale; AL Dallas; AL Geneva; AL Henry; AL Houston.; AL Lowndes; AL Macon; AL Pent', AL Pike; AL Tallapoosa. 049 Birmingham, AL: SMSA Counties: 0450 Anniston, AL' 14.3 AL Calhoun , 1000 Birmingham, AL 24.9 AL Jefferson, AL St- Clair; AL Shelby; AL Walker, AL Etowah 8600 Tuscaloosa, AL 20.6 AL Tuscaloosa. Non -SMSA Counties. 20.7 AL Bibb; AL Blount AL Cherokee; AL Chilton; AL Clay; AL Cleburne; AL Cullman; AL Fayette; AL Greene; AL Hale; AL Lamar; AL Marion; AL Pickens; AL Randolph; AL Sumter: AL Talladega;; AL Winston. 050 Huntsville - Florence, AL: SMSA Counties: 2650 Florence, AL 11.9' AL Colbert; AL Lauderdale. 3440 Huntsville, AL 12.0; AL Limestone; AL Madison; AL Marshall. Non -SMSA Counties' 11:2 AL Franklin;-AL Lawrence AL Morgan; TN Lincoln. Georgia: 035 Augusta, GA: SMSA Counties: 0600 Augusta, GA - SC 27.2 GA Columbia;; GA Richmond; SC Aiken Non-SMSA Counties - 32.8 GA Burke; GA Emanuel; GA Glascock; GA Jefferson; GA Jenkins; GA Lincoln; GA MoDuffle; GA Tallaferro; GA Warren; GA Wilkes; SC Allendale, SC Bamberg; SC Barnwell; SC Edgefield; SC McCormick 036 Atlanta, GA' SMSA Counties 0520 Atlanta 21.2 GA Butts; GA Cherokee; GA Clayton; GA Cobb; GA Dekalb; GA Douglas; GA Fayette; GA Forsyth; GA Fulton; GA Gwinnett; GA Henry, GA Newton; GA Paulding; GA Rockdale; Revised - 2/19/02 22 of 41 EPA Region 4 GA Walton Non-SMSA Counties tie n s 19:5 GA Banks; GA Barrow; GA Bartow; GA Carroll; GA Clarke; GA Coweta; GA Dawson; GA Elbert; GA Fannin; GA Floyd; GA Franklin; GA Gilmer; GA Gordon; GA Greene; GA Habersham; GA Hall; GA Haralson; GA Hart; GA Heard; GA Jackson; ,GA Jasper, GA Lamar, GA Lumpkin; GA Madison, GA Morgan; GA Oconee, GA Oglethorpe; GA: Pickens; GA Pike; GA Polk; GA Rabun, GA Spalding; GA Stephens; GA Towns; GA Union; GA Upson; GA White. 037 Columbus, GA: SMSA Counties 1800 Columbus 29.6 AL Russell; GA Chattahoochee; GA Columbus. Non -SMSA Counties 31.6 AL Chambers; AL Lee; GA Harris; GA Marion; GA Meriwether, GA Quitman; GA Schley; GA Stewart; GA Sumter; GA Talbot; GA Troup; GA Webster. 038 Macon, GA: . SMSA Counties 4660 Macon,'GA . 27.5 GA: Bibb; GA Houston; GA Jones; GA Twiggs. Non -SMSA Counties 31.7 GA Baldwin; GA Bleckley; GA Crawford; GA Crisp; GA Dodge; GA Dooly; GA Hancock; GA Johnson; GA Laurens; GA Macon; GA Monroe; GA Peach; GA Pulaski; GA Putnam. GA Taylor; GA Telfair; GA Treutlen; GA Washington; GA Wheeler; GA Wilcox; GA Wilkinson. 039 Savannah, GA:' SMSA Counties:' 7520 Savannah, GA 30.6 GA Bryan; GA Chatham; GA Effingham Non -SMSA Counties 29.8 GA Appiing; GA Atkinson; GA Bacon; GA Bullock; GA Candler, GA Coffee; GA Evans; GA Jeff Davis; GA Liberty; GA Long; GA McIntosh; GA Montgomery; GA Screven; GA Tattinall, GA Toombs; GA Wayne; SC Beaufort; SC Hampton; SC Jasper. 040 Albany, GA SMSA Counties 0120 Albany, GA $2.1 GA' Dougherty; GA Lee. Non -SMSA Counties 31.1 GA Baker, GA Ben Hill; GA Berrien; GA Brooks; GA Calhoun; GA Clay; GA Clinch; GA Colquitt; GA Cook; GA Decatur, GA Early; GA Echols; GA Grady; GA Irwin; GALanier, GA towndes; GA Miller; GA Mitchell; GA Randolph; GA Seminole, GA Terrell; GA Thomas; GA Tilt; GA Turner; GA Worth Florida: 041, Jacksonville, FL: SMSA Counties 2900 Gainesville, FL 20.6 FL Alachua 3600' Jacksonville, FL 21.8 FL Baker, FiL Clay, FL Duval; FL Nassau; FL St. Johns. Non -SMSA Counties - 22.2 FL Bradford; FL Columbla;'FL Dade; FL Gilchrist; FIL Hamilton; FL LaFayetle; FL Levy, FL, Marion; FL Putnam; FL' Suwannee; FL Union; GA Brantley; GA Camden; GA Chariton; GA Glynn; GA Pierce;' GA Ware. 042 Orlando - Melbourne - Daytona Beach, FL. SMSA Counties:i '2020 Daytona Beach, FL 15.7 FL Volusia. 4900 Melbourne - Tutusville - Cocoa, FL 10.7 FL; Brevard.' 5960 Orlando,' FL 15.5 Revised 12/19/02 23 of 41 EPA Region 4 FL Orange; FL Osceola; FL Seminole. Non -SMSA Counties 14.9 FL Flagler; FL Lake; FL Sumter. 043 Miami - Fort Lauderdale, FL: SMSA Counties: 2680 Fort Lauderdale - Hollywood, FL 15.5 FL. Broward. 5000 Miami, FL 39.5 FL Dade. 8960 West Palm Beach -Boca Raton, FL 22.4 FL Palm Beach. Non -SMSA Counties 30.4 FL Glades; FL Hendry; FL Indian River, FL Martin; FL Monroe: FL Okeechobee; FL St. Lucia. 044 Tampa - St Petersburg, FL SMSA Counties: 1140 Bradenton, FL 15.9 FL Manatee. 2700 Fort Myers, FL 15.3' ' FL Lee: 3980 Lakeland - 'Winter Haven, FL 18.0 FL Polk 7510 Sarasota, FL 10.5 FL Sarasota. 8280 Tampa - St. Petersburg, FL 17.9 FL Hillsborough, FL Pasco; FL Pinellas Non -SMSA Counties 17.1 FL Charlotte; FL Citrus; FL Collier, FL Desoto; FL Hardee; FL Hernando; FL Highlands. 045 Tallahassee. FL: , SMSA Counties: 8240 Tallahassee, FL 24.3 FL Leon; FL Wakulla Non -SMSA Counties: 29.5 FL Calhoun; FL Franklin; FL Gadsden; FIL Jackson; FL Jefferson: FL Liberty; FIL Madison; FL Taylor. 046 Pensacola - Panama City, FL SMSA Counties: 6615 Panama City, FL 14.1 FIL Bay. 6080 Pensacola, FL 18.3, FL Escambia; FIL Santa Rosa.` Non -SMSA Counties 15.4 FL Gulf, FIL Holmes; FIL Okaloosa; FL Walton; FL Washington. Kentucky: 056 Paducah, KY: Non -SMSA Counties -. 5.2 IL Hardin; IL Massac; IL Pope; KY Ballard; KY Caldwell; KY Calloway. KY Carlisle; KY Crittenden; KY Fulton; KY Graves; KY Hickman; KY Livingston; KY Lyon. KY McCracken; KY Marshall. 057 Louisville, KY: SMSA Counties: 4520 Louisville, KY -IN 11.2 IN Clark; IN Floyd; KY Bullift; KY Jefferson; KY Oldham.' Non -SMSA Counties 9.6 IN Crawford; IN Harrison; IN Jefferson; IN Orange; IN Scott; IN Washington; KY Breckinridge; KYIGrayson; KY Hardin; KY Hart; KY Henry; KY Larue;`KY Marion; KY Meade; KY Nelson; KY Shelby; KY Spencer; KY Trimble; KY Washington. 058 Lexington, KY SMSA Counties Revised 12/19/02 24 of 41 EPA Region 4 4280 Lexington- Fayette, KY 10.8 KY Bourbon; KY Clark; KY Fayette; KY Jessamine; KY Scott; KY Woodford. Non -SMSA Counties 7.0 KY Adair KY Anderson; KY Bath; KY Boyle; KY Breathitt; KY Casey; KY Clay; KY Estill; KY Franklin - KY Garrard; KY Green; KY Harrison- KY Jackson; KY Knott; KY Lee; KY Leslie; KY Letcher, KY Lincoln; KY Madison; KY Magoffin; KY Menifee; KY Mercer, KY Montgomery, KY Morgan. KY Nicholas; KY Owsley;'KY Perry; KY Powell; KY Pulaski; KY Rockcastle; KY Russell; KY Taylor, KY Wolfe. Mississippi: 112 Jackson, MS: SMSA Counties; 3560 Jackson, MS 30.3 MS Hinds; MS Rankin. Non -SMSA Counties 32.0 MS Attala; MS Choctaw; MS Choctaw; MS Clarke; MS Copiah; MS Covington; MS Franklin; MS Holmes: MS Humphreys; MS Issaquena; ' MS Jasper, MS Jefferson; MS Jefferson Davis; MS - Jones; MS Kemper; MS Lauderdale; MS' Lawrence; MS Leake; MS Lincoln; MS' Lowndes; MS Madison; MS Neshoba; MS Newton; MS Noxubee,- MS Oktibbeha; MS Scott MS Sharkey; MS Simpson; MS Smith; MS Warren; MS Wayne; MS` Winston; MS Yazoo. North Carolina: 024 Rocky Mount - Wilson - Greenville NC: Non -SMSA Counties 31.7 NC Beaufort; NC Carteret, NC Craven; NC Dare; NC Edgecombe; NC Greene; NC Halifax; NC Hyde; NC Jones; NC Lenoir', NC Martin; NC Nash; NC Northampton; NC Pamlico; NC Pitt; NC Tyrrell; NC Washington; NC Wayne; NC Wilson 025 Wilmington, NC: SMSA Counties: 9200 Wilmington, NC 20.7 NC Brunswick; NC New Hanover. Non -SMSA counties 23.5 NC Columbus; NC Duplin; NC Onslow; NC Pander. 026 Fayetteville, NC: SMSA Counties: 2560 Fayetteville, NC 26.2 NC Cumberland. Non -SMSA Counties 33.5 NC Bladen; NC Hoke; NC Richmond; NC Robeson; NC Sampson; NC Scotland. 027 Raleigh - Durham, NC SMSA Counties: 6640 Raleigh - Durham 22.8 NG Durham; NC Orange; NC Wake. Non -SMSA Counties 24.7 NC Chatham; NC Franklin; -NC Granville; NC Harnett; NC Johnston ;'NC Lee; NC Person; NC Vance; -NC Warren. 02B Greensboro - Winston Salem - High Point, NC: SMSA Counties: • 1300? Burlington, NC 16.2 NCA lamance. 3120 Greensboro - Winston Salem -High Point NC 16.4 NC Davidson; NC Forsyth; NC Guilford, - NC Randoif; NC Stokes; NC Yadkin. Non -SMSA Counties 15.5 NC'Alleghany; NG Ashe; NC Caswell; NC Davie; NC Montgomery; NC Moore; NC Rockingham; NC 5uny; NC Watauga; NC Wilkes. 029 Charlotte, NC SMSA Counties: 1520 Charlotte - Gastonia, NC 18.5 Revised 12/19/02 25 of 41 EPA. Region 4 NC Gaston; NC Mecklenburg; NC Union. Non -SMSA Counties 15.7 NC Alexander, NC Anson; NC Burke; NG Cabarrus; NC Caldwell; NC Catawba; NC Cleveland; NC Iredell; =NC Lincoln; NC Rowan; NC Rutherford; NC Stanley; SC Chester; SC Lancaster SC York. 030 Asheville, NC Non -SMSA Counties: 0480 Asheville, NC 8.5 NC Buncombe; NC Madison. Non -SMSA Counties 6.3 NC Avery,- NC Cherokee; NC Clay, NC Graham; HC Heywood, NC Henderson; NC Jackson; NC McDowell; NC Macon; NC Mitchell•, NC Swain; NC Transylvania; NC Yancey. South Carolina: 031 Greenville - Spartanburg, SC SMSA Counties: 316bGreenvilie - Spartanburg, SC 16.0' SC Greenville; SC Pickens; SC Spartanburg. Non- SMSA 'Counties 17.8 SC Polk; SC Abbeville; SC Anderson; SC Cherokee', SC Greenwood; SC Laurens; SC Oconee; SC Union. .032 Columbia, SC SMSA Counties: 1760 Columbia, SC 23.4 SC Lexington; SC Richland. No'n -SMSA Counties 32.0 SC Calhoun SC Clarendon; SC Fairfield; SC Kershaw, SC Lee; SC Newberry; SC Orangeburg; SC Saluda; SC Sumter 033 Florence, SC Non -SMSA Counties 33.0 SC Chesterfield; SC Darlington; SC Dillon; SC Florence; SC Georgetown; SC Hong; SC Marion; SC Marlboro; SC Williamsburg,. 034 Charleston - North Charleston, SC SMSA Counties 1440 Charleston - North Charleston, SC 30.0 SC Berkeley; SC Charleston; SC Dorchester. Non -SMSA Counties 30.7 SC Collection Tennessee: 051 Chattanooga, TN SMSA Counties 1560 Chattanooga, TN - GA 12.6 GA Catoosa; GA Dade; GA Walker, TN Hamilton ;TN Marion; TN Sequatchie. Non-SMSA Counties 8.6 AL De Kalb; AL Jackson; GA Chattooga; GA Murray, GA Whitfield; TN Bledsoe; TN Bradley-, TN Grundy; TN McMinn; TN Meigs; TN Monroe; TN Polk; TN Rhea. 052 Johnson City - Kingsport - Bristol, TN -VA: SMSA Counties'. 3660 Johnson City - Kingsport , Bristol. TN - VA 2.6 TN Carter, TN Hawkins- TN Sullivan; TN Unicoi; TN Washington; VA Scott; VA Washington; VA Bristol. Non -SMSA Counties 3.2 TN Greene; TN Hancock; TN Johnson; VA Buchanan; VA Dickenson; VA Lee; VA Russell; VA Smyth; VA Tazewell; VA Wise; VA Norton; WV McDowell, WV Mercer. 053 Knoxville, TN SMSA Counties: 3840 Knoxville, TN 6.6 Revised 12/19/02 26 of 41 EPA Region 4 TN Anderson; TN Blount; TN Knox; TN Union. Non -SMSA Counties 4.5 " KY Bell; KY Harlan; KY Knox; KY Laurel; KY McCreary; KY Wayne, KY Whitley; TN Campbell; TN Claiborne; TN Cocke; TN Cumberland; TN Fentress; TN Grainger, TN Hamblen; TN Jefferson; TN Loudon; TN Morgan; TN Roane; TN Scott; TN Sevier: 054 Nashville, TN: k . SMSA Counties: 1660 Clarksville - Hopkinsville, TN - KY 18.2 KY Christian; TN Montgomery. 5360 Nashville - Davidson, TN 15.8 - TN Cheatham, TN Davidson; TN Dickson; TN Robertson; TN Rutherford; TN Sumner, TN Williamson; TN Wilson: ' Non -SMSA Counties 12.0 KY Allen; KY Barren; KY Butler; KY Clinton; KY Cumberland; KY Edmonson; KY Logan; "KY Metcalfe; KY Monroe; KY Simpson; KY Todd; KY Trigg; KY Warren; TN Bedford; TN Cannon; TN.Clay; TN Coffee; TN DeKalb TN Franklin; TN Giles; TN Hickman; TN Houston; TN Humphreys, TN Jackson; TN Lawrence; TN Lewis; TN Macon; TN Marshall; TN Maury; TN Moore; TN Overton; TN Perry, TN Pickett; TN Putnam; TN Smith„ TN Stewart; TN Trouslale; TN Van Buren; TN Warren; TN Wayne; TN White. 055 Memphis, TN SMSA Counties: 4920 Memphis, TN -AR -MS 32.3 AR Crittenden; MS Do Soto; TN Shelby; TN Tipton. Non -SMSA Counties ? 26.5 AR Clay; AR Craighead; AR Cross; AR Greene; AR Lawrence; AR Lee; AR Mississippi; AR Phillips- AR. Poinsett; AR Randolph; AR St Francis; MS Alcorn, MS Benton; MS Bolivar, MSCalhoun; MS Carroll; MS Chickasaw, MS Clay; MS Coahoma; M$ Grenada; MS itawamba; MS Lafayette; MS Lee; MS Leflore; MS Marshall; MS Monroe; MS Montgomery; MS Panola; MS Pontotoc; MS Prentiss; MS Quitman; MS Sunflower, MS Tallahatchie; MS' Tate; MS Tippah; MS Tishomingo; MS Union; MS Washington; MS Webster. MS Yalobusha;'MO Dunklin; MO New Madrid; 'MO Perniscot, TN Benton; TN Carroll; TN Chester; TN Crockett; TN Decatur, TN Dyer, TN Fayette; TN Gibson; TN Hardeman; TN Hardin; TN Haywood; TN Henderson- TN Henry; TN Lake; TN Lauderdale; TN McNairy; TN Madison; TN Obion; TN Weakley. Revised 12/19102 27 of 41 EPA Region 4 Attachment Number 7 CHECK LIST OF EEO DOCUMENTATION FOR BIDDERS ON EPA ASSISTED CONSTRUCTION (Required by Executive Order 11246 as amended) The low.`remonsive responsible bidder must forward the following items in duplicate to the owner (grantee) no later than ten (10) days after bid opening. The owner (grantee) shall transmit one (1) copy to the Office of Federal Contracts Compliance within 14 days after the bid opening The web site for the OFCC is http: / /www.dol.gov /esa/ofrp org.htm. 1. EPA Project Number. Project Location. Type of Construction. 2. Copy of EEO -1 (SF -100) Report. (Employer Information Report, annually' submitted to the Equal Em l�ovment Opportunity Commission. See Attachment Number 8. DO NOT SUBMIT TO EPA!) A. Copy of Affirmative Action Plan of contractor. Indicate company official responsible for EEO. 4. List of current construction contracts, with dollar amount. List contracting Federal Agency, if applicable. 5. Statistics concerning company percent workforce, permanent and temporary, by sex, race, trade, handicapped, and age. 40 CFR Part 7. 6.. List of employment sources for project in question. If union sources are utilized, indicate percentage of minority membership within the union crafts. 7. Anticipated employment needs for this project, by sex, rase and trade, with estimate of minority participation in specific trades. 8. List of subcontractors (name, address and telephone) with dollar amount and duration of subcontract'. Subcontractor contracts over $10,000 must submit items 1- 8. 9. List of any subcontract work yet to be committed with estimate`of dollar amount and duration of contract. 10. Contract Price. Duration of prime contract. 11. DBE Documents - See special instructions regarding use of Minority, and Women Owned, and Small Businesses. Revised 12/19/02 28 of 41 EPA Region 4 Joint it np a •2ZOe Cammttae EQUAL EMPLOYMENT OPPORTUNITY (Rev. 440) e equal Employment q.M.a, no. 204"0or ' q EMPLOYER INFORMATION REPORT M---1. EXMREli 22 /33/93 Opportunity .Com- mission soo -iis e (Office of Federal Contract ComplF once Programs {Labor( Seectlorl A=TYPE OF REPORT . R'e'fer to. instructioris for tfoinber` "and Types ofreports tobe Tiled. 1. 1. Indicate by marking in the appropriate box the• type of raporting unit for which this copy of the form Is submitted "(MARK• ONLY ONE BOX). rlU..ltl.estabishmd'gl Einpldypc' 111 f ❑ Singie•adaBl[ehment Emaloyer Repot'F (2) 0 Conoolidated Report (Required) 13), 0 FW dWarters trill Rtfportl.Requi(ed) '(41 ❑ Ingtvidbal Itgsbgshmegt Report IsoUrna one for adch ea• tablI hment w7th 50:or'more employees) (SL � Spetlgt Repot "t 2. Total number•af. reports being filed by thls'Co'mpany (Ansyver•on;'Consp.110 i od Rep,4rt.otily) Seotlon )3-- COMPANY 1DLNTiF•ICAjj0R (rto he "ensl ereld by alf employgrsX =OFFICE 1. Patent ConipanV c:. Was, EE04 report filed for this sstahilshment lost.year? E3 Yes. CD. Np Section' C— EMPLOYEIRO WRO .I RE. REQUIRED TO' FILE (To 0a ariswered by all empfgyer5)' p,Yes D No i.` Does . the "entire .corhom "heive :at It €a5t.100 employdes" In the, payroD pohod for whI04 you are roporting? D'Yes ❑ Na 2. Is yourcompany af(illate@ through common ownership and/or centralized management with-other entities In an tnterprlsa with a' total''atnpfoyrnenx 01.10 .01 mere? p Yes D No 3. iDoes She company or any of its p tabus ments O have 5a or more employees AN "D (b) snot exempt 49 proVlded by 41 CFR 60 -1.5, AND. eithst (1) is a prime goyerRman.LOpntractor or fhst•tier subcontractor, ang has a contralti •s0controct, or purchase order amountrng. to: $50,000 or more, or (2) serves as a Aieposi,ory.of GovernmentYunds in Any" anlboht or is sht aftlaiI Institution %Vhtch is an issuing arid paying agent for t].B. Savings Bphds, tfnd Saving Notes? if the res"porise to questlon C -3 is yes, please eri(er your Dun and Bradstreet identification'nuo'ibir (if you havt: one): ; NOTE: If the answer-is yes to questions 1, 2,;ar 3, complete the entire form, otherwise skip to Section G. NSN 7540. -00- 180 -6380. I i I a. Name of parent company {owns or e6nirois estabiiehrrient iii. Item 2):ornit if same• as I "abet T a, Adrlress,(Num'tier and street). h. Clty' or town state ZIP cede c. 2. Establishment for which this report is f.)led: fOmit irsame as label)' a. Name cif eslabiishnierit_ Address (Numberand street ) City or Town County state ZIP; code .-TT e. b. Employer 144tifitation No. (IRS 9 =0IGIT TAX NUMBER). SF 100 Pare 2 Section D- EMPLOYMENT DATA Employment at this establishment- Report all permanent full -time and part -time employees Including apprentices and onthe• lob trainees unless specificatiy exeiuded as set forth in the instructions. Enter the appropriate Figures on all lines and in all columns. Blank spaces will be considered as zeros. NOTE: Omit questions S and 2 on the Consolidated Report. Date(s) of payroll,period used: 2. Does this establlshment employ apprentices? 1 13 Yes r 2 ❑ No Section E- ESTABLISHMENT INFORMATION Omit on the Consolidated Report i. 'What is the maior activity of this establishment? (Be specific. i.e.: manufacturing steel castings, retell grocer. wholesale OFFICE plumbing supplies. title insurance, etc. Include the specific type of product or type of, service provided, as well as the USE principal business or industrial activity.) ONLY t3. Section F— REMARKS Use this item to give any identification data appearing on last report which differs from that given above, explain major changes In composition or reporting units and other pertinent information. Section G-- CERTIFICATION (See instructions G) Check 1 ❑ Ali reports are accurate and were prepared in accordance with the instructions (check on consolidated only) one 2 [3 This report is accurate and was prepared in accordance with the instructions. Name of Certifying Official Title Signature Ja,e Name of person.to contact regarding Address (Number and Street) this report (Type or print) Tine City and State ZIP Code Telephone Number (including Extension Area Cade) All reports and information obtained from individual reports Will be kept confidential as required by Section 709(e) of Title Vil. WILLFULLY FALSE STATEMENTS ON THIS REPORT ARE PUNISHABLE i BY LAW, CODE, TITLE 18, SECTION 1001. I ' =NUMBER OF EMPLOYEES OVERALL M MA JOB TOTALS WHITE BUCK HISPANIC ASIAN OR JAMIRICAN. WHITE 61ACK HISPANIC ASIAN OR AMERICAN CATEGORIES tStIM OF (NOT OF (NOT Of PACIFIC INDIAN DR (NOT OF NOT OF PACIFIC INDIAN COL. D HISPANIC HISPANIC ISLANDER ALASKAN HISPANIC ISPANIC: ISLANDER OR ALASKAN TNRD K► ORIQINI ORIGIN} NATIVE" ORIGIN) ORIGIN) NATIVE E F C H 1 1 N; Officials and Managers 1 ' Professionals 2 ' TechniClans- 3 Sales Workers 4 Office and Clerical 5 Craft Workers (Skilled) 6 Operatives (SemnSkilled) T Laborers )Unskilled) ' B ' Service Workers 9 TOTAL 10 Sofa rrnpinymenb rsparlad in pr�rlovs 0- report 11 EPA Form 5720 -4 Attachment Number 9 Labor Standards Provisions For Federally Assisted Construction Labor standards provisions applicable to contracts covering federally financed and assisted construction (29 CFR 5.5, Contract Provisions and Related Matters) that apply to EPA Special Appropriations Projects, grants are: l (a)(4)(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (a)(5) Compliance with Copeland Act requirements. The contractor shall comply, with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (a)(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5 (a) (1) through (10) and such other clauses as the U.S. Environmental Protection Agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The.prme contractor shall responsible o be res for the compliance b an subcontractor ' or lower tier P P Y Y subcontractor with all the contract clauses in 29 CFR 5.5 (a)(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and debarment as- a contractor an! d a subcontractor as I provided in 29 CFR 5.12. (b) Contractor Work Hours and Safety Standards Act. The Administrator, EPA shall cause or require the contracting officer to insert the following clauses -set forth in paragraph (b)(1),(2),(3), and (4) 0: f this section in full in any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by *Section 5.5(a) of this title.. As used in this paragraph, the terms "laborers "' and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor' or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one. -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Revised 12/19/02 31 of 41 EPA Region 4 t ., 7 (2) Violation; liability for unpaid wages; liquidated. damages. In the event of any violation of the clause set forth in paragraph (b) (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for unliquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated, damages.' The U.S. Environmental Protection Agency shall upon its own action or upon. written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same 'p=' a contractor, such liabilities of such contractor or subcontractor for unpaid'wages and liquidated damages as provided in the clause set forth in paragraph (b) (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring -the subcontractors to include these clauses in any lower tier subcontracts..The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in section 5.1, the Administrator of EPA shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll' records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct' classifications, hourly worked, deductions made, and actual wages paid. Further, the Administrator of EPA shall cause or require the contracting officer to insert in any such contract a clause providing that the.records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the U.S. Environmental Protection Agency and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (Approved by the Office of Management and Budget under OMB control numbers 1215 -0140 and 1215 - 0017.) Revised'12 /19!02 32 of 41 EPA Region 4 CERTIFICATIONS DEBARRED FIRMS All prune Construction Contractors shall certify that Subcontractors have not and will not be awarded to any firm that is currently on the EPA Master List of Debarred, Suspended and. Voluntarily Excluded Persons in accordance with the provisions of 40 CFR 32.500(c). Debarment action is taken against a firm for noncompliance with Federal Law. All bidders shall complete the attached certification (Attachment Number 10) in duplicate and submit both copies to the owner with the bid proposal. The owner (grantee) shall transmit one copy to EPA within 14.days after bid opening. ANTI- LOBBYING CERTIFICATION All prime Construction Contractors must certify (Attachment Number 11) that no appropriated funds were or will be expended for the-purpose of lobbying the Executive or Legislative Branches of the Federal Government or Federal Agency concerning this contract (contract in excess of $100,000). If the Contractor has made or agreed to make payment to influence any member of Congress in regard to award of this contract, a Disclosure Form must be completed and submitted to the owner (grantee) with the bid proposal. The owner must transmit one copy to the State All prime Contractors must require all Subcontractors to submit the certification which must also be submitted to the owner (grantee). Revised 12/19/02 33 of 41 EPA Region 4 I EPA Form 5700 -49 Attachment Number 10 CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS The prospective participant certifies to the best of its knowledge and belief that it and its principals,: (A) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b)', Have not within a three year period preceding this proposal been convicted of or had a , civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or performing a public (Federal, 'State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal. State, or ocal) with commission of any of the offenses ernamerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default'. I understand that a false statement on this certification maybe grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement` may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name& Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements.; My explanation is attached. Revised 12/19/02 34 of 41 EPA Region 4 Instructions for Certification Regarding Debarments Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. Accordingly, each prospective recipient of an EPA grant. loan, or cooperative agreement and any contract or subagreement participant thereunder must complete the attached certification or provide an explanation why they cannot. For finther details, see 40 CFR 32.510, Participants` responsibilities, in the attached regulation. Where To Submit: i The prospective EPA grant. loan, or cooperative agreement recipient must return the signed certification or explanation with its application to the appropriate EPA Headquarters or Regional office, as required in the application instructions. A prospective prime contractor must submit a completed certification or explanation to the individual or organization awarding the contract. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. How To Obtain Forms: EPA includes the certification form. instructions, and a copy of its implementing regulation (40' CFR Part 32) in each application kit. Applicants may reproduce these materials as needed and provide them to their prospective prime contractor, who, in turn, may reproduce and provide them to prospective subcontractors. Additional copies /assistance may be requested from: Compliance Branch Grants Administration Division (PM -216F) U.S. Environmental Protection Agency 401 M Street, SW Washington, DC 20460 (Telephone: 202/475 -8025) EPA Form 5700 -49 (11 -88)' Attachment Number 11 Revised 12 /19/02 35 of 41 EPA Region 4 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,; an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal' contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipientsi shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification; shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. TYPED NAME & TITLE OF AUTHORIZED' REPRESENTATIVE SIGNATURE OF AUTHORIZED- REPRESENTATIVE DATE I am unable to certify to the above statements. My explanation is attached. Revised 12/19/02 36 of 41 EPA Region 4 i Attachment !Number 12 UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESSES The provisions of PL 102 -389 and EPA's implementing regulation 40 CFR 31.36(e) require recipients of Federal assistance to award a fair share of subagreements to small, small rural, minority and women's businesses on contracts and subagreement performed under EPA Assistance Agreements. The following procedures are to be followed for procurement under EPA Assistance Agreements. I The successful bidder must submit to the EPA, with copy to the owner within 10 days after bid opening, evidence of the positive steps taken to utilize small, minority and women's businesses. Such P ositive efforts shall include: O 1 Placin g qualified small and minority businesses sses and women. s business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are • solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities i to permit ,maximum participa tion ion b small and minority business, and women's business ss enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (5) Using the services and assistance of the Small Business Administration, and the Mi.noriiy Business Development Agency of the Department of Commerce; and (6) Requiring each partyto a subagreement to take the affirmative steps listed in paragraphs 1 through 5 of this section. For purposes of clarification: • • ` This requirement applies to any EPA Financially assisted procurement. • This requirement mandates three responsibilities. Separate solicitations must be made of small, small rural, minority and women's businesses enterprises. . • A minority business is a business, at least 51 percent of which is owned and controlled by minority group members (Black; Hispanic; Asian American; American Indian; and any other Revised 12/19/02 37 of 41 EPA. Region 4 � nom, designations.approved by the Office of Management and Budget that are U.S. citizens. Any specific clarification concerning the ownership and/or control issues will be provided by the EPA Regional Office. • A women's business is a business, at least 51 percent of which is owned and controlled by one or more women who are U.S. citizens. • The control determination will revolve around the minority or women owner's involvement in the day -to -day management of the business enterprise. • Solicitation should allow adequate time for price analysis; EPA recommends that contact be made no later than 15 days before bid opening. • Efforts taken to comply with this requirement. must be documented in detail; maintain` records of firms contacted, including any negotiation efforts to reach competitive price levels, and awards to the designated firms. • Any proposed changes from the approved Minority/Women/Small business participation after EEO/MBE approval shall be reported to EPA prior to initiation of the action, with the reason for the proposed deviation. • The EPA recommends that the prime contractor utilize the services of the Minority Business Development Service Centers. These Centers are funded by the U.S. Department of Commerce to provide technical, financial and contracting assistance to minority, women's and small rural business enterprises. These Centers are located in a number of Regional cities. Use of these services provided by Centers does' not absolve the prime contractors from pursuing additional efforts to comply with.this requirement. Revised 2 /19/02 38 of 41 EPA Region 4 t. •-- -^�'�, —.mss,: ...- ,,-,, r,¢.., --:.,i �.- fi.-s°- - �c- ���r- �,.�".,�:.��°�- r-is::A��;�,i rte,' �... � x„rs ,..x �:�"'"v�i;�4�*-.�,_. „?f`�`",.'t�"�'�'''+.7, 7,m Attachment Number 13 REGION 4 DISADVANTAGED BUSINESS ENTERPRISE (DBE) NEGOTIATED RATES ALABAMA Supplies (commodities) 2% MBE and 2.6% WBE Services (contractual) 4% MBE and 4.9% WBE Equipment 3.3 % MBE and 3.3% WBE Construction 3.1% MBE and 2.4% WBE FLORIDA SRF Construction 11% MBE and 3% WBE (both SRF) A & E Services: 10 % MBE and 15% WBE Commodities: 7% o MBE and 17% WBE Contractual: 14 % MBE and 36% WBE Construction: 10 %' MBE` and 11% WBE (non SRF) GEORGIA GA DNR Construction: 4% MBE and 4% WBE (includes all SRF) All Other Categories: 4.75% MBE and 1% WBE GA EFA SRF Construction: 4.6% MBE and 2.7% WBE (Drinking & Clean Water Program) KENTUCKY SRF Construction: 3% MBE and 5% WBE (both programs) Equipment: 1.5% MBE and '6.4% WBE Services: 4% MBE and 1.8% WBE` Supplies:* 2% MBE and 5% WBE- As explained elsewhere, this goal applies to only non -State grantees in Kentucky as State recipients are already contractually committed to an exclusive supplier. MISSISSIPPI Revised 12/19/02 39 of 41 EPA Region 4 r SRF Construction Drinking Water: 2.9% o MBE and 0.64% WBE Clean Water: 5.9 % MBE and 1.6% WBE Equipment: 3.7 % MBE and 3.0% WBE Commodities: 1.1% MBE and 1.8% WBE (supplies) Contractual: 1.7% MBE and 2.3% WBE (services) NORTH CAROLINA SRF Construction: 8% o MBE and 5% WBE (both programs) Agriculture (only) Supplies: 1.5% MBE and 1.5% WBE Services: 0 % ' MBE and 8.8% WBE Professional Services: 4% MBE and 1'0% WBE (statewide) ' Goods & Services: 7% MBE and 9% WBE (includes all equipment, supplies & services) SOUTH CAROLINA Construction: 3.6% MBE and 2.4 % WBE (all SRF) Services. 11% o MBE and 11% ` WBE Equipment: 10 % MBE and 10% WBE Supplies: 9% o MBE and 9% WBE UST Services: 0 % MBE and _ 1.44% o WBE TENNESSEE All Categories: 7% MBE 1% WBE (includes all SRF) L j j Revised 12119/02 40 of 41 EPA Region 4 Attachment Number 14 BONDS AND INSURANCE Bonding requirements for contracts of $100.000 or less are contained in 40 CFR 31.36(h) Bond requirements for contracts in excess of $100.000 are: Bid guarantee equivalent to five percent of the bid price. The bid guarantee shall consist of a firm commitment such as a certified check or bid bond submitted with the bid; • Performance bond equal to 100 percent of the contract price, and I • Payment bond equal to 100 percent of the contract price. Bonds must be obtained from com p anies holding Certificates of Authori ty as acceptable sureties , i. ssued by the U.S. Treasury. Insurance requirements are contained in the General Conditions of the contract. In addition to the other required insurance, the owner or the contractor, as appropriate, must acquire any flood insurance made available by the Federal Emergency Management Agency as required by 44 CFR Parts 59 -79, if construction will take place in a flood hazard area identified by the Federal Emergency Management Agency. The owner's requirements on Flood Insurance are contained in the Special Conditions Section of the Contracts Documents: Revised 12/19/02 41 of 41 EPA Region 4 n, ld I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A 6 SHORT TERM EXTENSION UNTIL JUNE 2003, OF THE CITY 7 OF SOUTH MIAMI AND`NUI UTILITIES, IND.'S FRANCHISE 8 AGREEMENT AT 7 V2 PERCENT UNTIL A NEW LONG TERM 9 AGREEMENT IS NEGOTIATED AND EXECUTED IN JUNE, 10 2003; PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami 14 pursuant to Ordinance 468, the City granted in 1962 to Florida Gas Utilities 15 Company, and its successors and assigns, a non - exclusive franchise (the 16 "Franchise ") to construct, maintain and operate its gas system facilities within the 17 City's municipal boundaries; and, 18 19 WHEREAS pursuant to Ordinance 478, the City corrected an inadvertent 20 error by changing the franchisee` to Florida Gas Company, d/b /a Florida Gas 21 Utilities Company; and, 22 23 WHEREAS, pursuant to Ordinance 526, the City approved the assignment 24 and assumption of the Franchise by Franchisee's predecessor -in- interest, Florida 25 Gas Company, to Franchisee's predecessor -in- interest, City Gas Company; and 26 27 WHEREAS, pursuant to Ordinance 526 =A, the City approved an 28 amendment to the Franchise changing the franchisee from Franchisee's 29 predecessors -in- interest,, City Gas Company, to Franchisee (which was then known 30 as NUI Corporation); and 31 32 WHEREAS, pursuant to Ordinance 526 -13, the City approved an 33 amendment to the Franchise changing the franchisee from Franchisee to 34 Franchisee's wholly -owned subsidiary, Elizabethtown Gas Co. which has since 35 been merged into Franchisee; and 36 37 WHEREAS, the term of the Franchise has expired and the City and 38 Franchisee desire to enter into a new franchise agreement, but have not yet 39 concluded negotiations on the acceptable terms of such agreement; and 40 41 WHEREAS, the Mayor and City Commission desire to allow the City and 42 Franchisee time to enter into a new franchise agreement on terms and conditions Additions shown by underlinins and deletions shown by everstrikin I mutually agreeable to the parties, the city and franchisee have agreed to extend the 2 term of the Franchise through June, 2003 at 7 '/z %, as set forth in attachment one. 3 4 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 6 7 Section 1. That the City of South Miami enter into a utility franchise 8 extension agreement with NUI Utilities, Inc. as provided for in attachment one 9 until' June 2003, when the parties will have completed negotiations on a new 10 mutually acceptable long term utility franchise agreement. 11 12 Section 2. This resolution shall take effect immediately upon approval, 13 14 PASSED AND ADOPTED this day of , 20 15 16 ATTEST:: APPROVED'. 17 18 19 CITY CLERK MAYOR 20 21 22 COMMISSION VOTE: 23 READ AND APPROVED AS TO FORM: Mayor Feliu: 24 Vice Mayor Russell: 25 Commissioner Wiscombe: 26 CITY ATTORNEY Commissioner Bethel: 27 Commissioner McCrea: 28 Page 2 of 2 sour� South Miami o F c; CITY OF SOUTH MIAMI • INCORPORATED • Excellence, Integrity, Inclusion 1927 ��.0 R t9 2001 TO: Honorable Mayor, Vice Mayor DATE: April 22, 2003 & City Commission FROM: Sanford A. Youkilisk1' ITEM NO. Acting City Manager V Vj RE: Authorizing g g the City Manager to ' enter into a contract with Trusco Capital Management as Investment Manager to the Pension Plan. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENGAGE INTO A CONTRACT WITH TRUSCO CAPITAL MANAGEMENT TO SERVE AS INVESTMENT MANAGER FOR THE CITY'S PENSION PLAN; CHARGING THE AMOUNT TO THE PENSION PLAN; PROVIDING AN EFFECTIVE DATE. BACKGROUND Recently, the City' Pension Board made a business decision to solicit bids to replace Invesco as its Investment Manager. This decision was based on a recommendation made by the Pension's Investment -- Consulting Firm — Merrill Lynch. `, Their recommendation was based upon the poor short and long term performance results made by Invesco. It was also the intention of the Pension Board to reduce the total cost of administering the plan. Three companies submitted proposals in response to the solicitation. The three companies were as follows: Chase Investment Counsel Corp., Rorer Asset Management and Trusco Capital Management. All proposals were reviewed by the Pension Board and the representatives of each company were given the opportunity to respond to questions posed by the board members with regards to the proposals submitted. After careful deliberations, the Pension Board unanimously agreed to award the service contract to Trusco Capital Management. Trusco Capital Management has been a registered Investment Advisor since 1984. It currently manages assets in excess of $2 billion for over 100 municipal clients. Attached to the resolution is the schedule of services and fees. Payments will be charged directly against the Pension Fund bank account. This change will be an overall reduction in costs for Investment Manager services. RECOMMENDATION Approval is recommended. attachments 1. Draft Resolution SAY /je 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING 5 THE CITY MANAGER TO ENGAGE INTO A CONTRACT 6 WITH TRUSCO CAPITAL MANAGEMENT TO SERVE AS 7 INVESTMENT MANAGER FOR THE CITY'S PENSION PLAN; 8 CHARGING THE AMOUNT TO THE PENSION PLAN; PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the City of South Miami employee Pension Fund is currently managed by INVESCO 12 Capital Management; and 13 WHEREAS, Merrill Lynch, our Pension's Investment Consulting Firm recommended that the 14 Pension Board consider replacing Invesco as the Investment Manager; and 15 WHEREAS, the recommendation was based on poor short and long term performance results; and 16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 17 THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 18 SECTION 1. The City has received three bids from the following companies: Chase` Investment Counsel 19 Corp., Rorer Asset Management and Trusco Capital Management. 20 SECTION 2: The Pension Board has reviewed the bids and recommended that Trusco Capital Management be 21 awarded the contract to serve as the Investment Manager to the Pension Plan. 22 SECTION 3. The fees will be charged on a quarterly basis against the Pension Fund. 23 SECTION 4. This resolution shall take effect immediately upon approval, 24 PASSED AND ADOPTED THIS DAY OF , 2003. 25 APPROVED: 26 27 28 ATTEST` 29 30 CITY CLERK 31 READ AND APPROVED AS TO FORM: 32 33 34 CITY ATTORNEY 35 36 MAYOR Commission Vote: Mayor Horace G.'Feliu Vice Mayor Mary Scott Russell Commissioner David D. Bethel Commissioner Dan McCrea Commissioner Randy G. Wiscombe l _ he!€CF 0 -m \V > > X �® /1� CL 1 CD ���—jwr)f r I 0 n >�� � �� rri � -P < o ' m rrl a he!€CF c 1 CD w CD 0 � -P < ' m D- < cn W -t = J T c n� V (Q �(D = W " v 0 O ai (�/� -0 � CD S ) C 0 W `C O 0 � � � D ID -t O n 0 0 he!€CF k ; O = C ON O P-41. U) CL (p _. . = --+' \V CL EM to e t _ - o 77,14, z _ 6W E ,T r > m Z 3 O 0• zl k :; r .^ r1• M°a 0 -- k c 0 3. CD -n CL n O r z m m z 11 -p 0 CD-o CD 3 = O Q M• CD CD Sy CD 0- 3 CD COD• -� D C —to 0 �a M = < CD 11 m CD m CD Wm a N � O O N t, • 1 -p 0 CD-o CD 3 = O Q M• CD CD Sy CD 0- 3 CD y �. -� D C —to 0 �a M = < CD m = r+ ao CD E N ao D r-l- 3 -,% o 0 =r < CD CD O CD r- O CD cn CD [n 0 CD 0 0 ® <• CD CD < CD cn CD 0 0 cn CD •p• CD =r CD X CD CD CCD CD' = Q w 0 CD `G 0 Cr z cn CD cn � C r-r D 0- m CD m CD Wm a N � O O N t, • 1 -p 0 CD `D M r1 =r 0 0• cD 0 3 M o 0 -% CD E N > D C.E. CD < CD �. O CD W O CD cn CD CD 0° CD Cn CD 'T � •p• CD X - D Cn CCD CD' = X CD m• CO m 0 CD CD 0 z cn CD � C r-r D 0- m CD m CD Wm a N � O O N t, • 1 cn cn -Go W CD C.E. C4 �• �. W CD CD CD 0° Q r•y CD CD e—F (n cn r-+ 3 ®• cn � � C r-r D 0- CD < 3 0• C CD a 0 Cn CD CD 0 CD C 9 Co CD CD r-s• t"• -t° 3 0 CD m CD m CD Wm a N � O O N t, • 1 \I 0 CD =3 o � 3 CD M CD w 3 cn 0 cn n n CD sm 0 CD 0 0' 00 v m cn C Co S �-m 0 M m �. C) o x 3 r CD m CD '� �, m CD m m in o' 3 CD < o CD cn W cn � �. m cn n CD cn cn v CD w m 0 -u CD m 3 m. CY O m Q Wm _a N � 0(c O N '0. r • A n� °� ° o V m (n m m o n(D CD � ® w ° � r ° C C T ° m o• D cD V n :r p CD m tU < CD ON- 3 N T � cn CD y P* �. 6D CD r* E v < CD (D n° 3 y. CD O CD CD cn \I 0 CD =3 o � 3 CD M CD w 3 cn 0 cn n n CD sm 0 CD 0 0' 00 v m cn C Co S �-m 0 M m �. C) o x 3 r CD m CD '� �, m CD m m in o' 3 CD < o CD cn W cn � �. m cn n CD cn cn v CD w m 0 -u CD m 3 m. CY O m Q Wm _a N � 0(c O N '0. r • A Q Z Z o ro Z eo _ n O. ® O 0 = C7 . p Ill (� �0 0 m Cl) (1) C: 0 O ® CD O V V C) -■ CD U CD CD 0 CD ■' CD o ® ® > CD Cn O n N C7 3 (n CD 3 ® (D CD �. w 3 CD < CD CD N (O n � -4. - � ® r+ O w D 3 �° r- CD 0 CD o 0 CD = r-I- (A ®° r'1 0 D tJ CD ° - coffin < N � � O CD cr Can C D — CD N CD < (n Q r+ CO D 3 � O ® CD CD r+ 7� CD < CD n O 0 CD > O M Q° " CD Cf) ,' � CD z Q° G1 rn m Z n O h cn C C 0 , --I X 0 m m Z (D O s c cc. CD CL 'D m o' CL m 1 �^^ N O O N i • • r � � O . � � .. O .�.. _ 0 k o ■ a CL � n 0 § ■ M 0 CL c � f. eW ¥ w / W / �O � ■ 2 « : » ■ m cn cn 2 « e c \Eg& RS& / \ \\ / \� E \Ofo00f2M M§f <-0 0 fE/Cƒƒ /) /C = m 7 e ° 0 ° < ° \ \ @ < CD \_ / � 77�mm�272� \ /? -i \)K) _ A u CO � ® « O' «22222««2 = = = = =zm == --q 0 � D @ @ £ @ C _ QL m ._ . _ � $ § m 3 in A U � � � o _ m NNE 2s _0 / \ ƒƒ / :m ° a a ° ~ \ ° / Z / / & « cD / = n J - S & k c o o Gj o / \ _ ° 0 7 \ / \ a g 2 \ e = = _ o „ co M. \A $ f e -. a w m } 0 m E § W 7m77 Ell, 22-697� %uw— c —&@«� / \ -4 CQ a mK£232_2_2_2_ 0 0000 ƒ/§ a o a s e= O ( ƒ // \M . a \/ / L \1 .1 �• � # \� � ;• . \# «< #� \# \# 0 O cn O O C: -P. n S CD "n O CD CO) 0 -n U. O CL CD CD co CI O Q < n �• r z n rn rn Z v n� CD Q Q ne a' CD O 1 1 a • • t • 1 • • a • a r t I � O c W (p can � a? 0, o O ® Q 7rj 0(a 3 CL n. �cn ® CL —t, CD CD n. K W CD ( CD 0-0 I ® (n n. CD n� CD Q Q ne a' CD O 1 1 a • • t • 1 • • a • a r t n N CD C � (D m 0 k m U) m o ai N 0 o � � oyCD a CD °U) Quo �N° ° W zo 0 N � CDo N CD O Q 7 //� < V / p_ j Cl- CD �• O_ - O 0 O N � m —n N N r O Cl M W Q ° 'O (D _ (D O 6 3 O O _ - p� 6 °� 0 �o N 7 0— W_ N ° =n CD 7a ov N� CD M CD M O ° o� ° n �CD g -- S a r 3C °° CL 0 > ZCo C Cl �< ^ o m U o g 0" �TJ C1 in ,y O L� � 3 (D c'i�n�nn�nn�nn�nn�n O O O O O O O O O O O O O O O O O �' (D O w CD o o w ° -n m 3 5< CD < o �< < m r r (D 5. = cn = mr 0 Dr r r D K -n w-n r z r -0 D r (D r -n n CD CD 0 CD co (D CD MM CD y' \ C r C \ CD CD 3 O 0 Cl) (D �/ CD CD 3 cn CD m m z z C- G) -n m m m c) c) c) c) c) c'i�n�nn�nn�nn�nn�n O O O O O O O O O O O O O O O O O �' (D O w CD o o w ° -n m 3 5< CD < o �< < m r r (D 5. = cn = mr 0 Dr r r D K -n w-n r z r -0 D r (D r -n n CD CD 0 CD co (D CD MM CD y' \ C r C \ CD CD 3 O 0 Cl) (D �/ CD CD 3 cn cn m m z z C- G) -n m m m c) c) c) c) c) 0 O (D° W o o -� 3 -0 m o o° c c o a m - m m 0 M Q a 0 0 0 0 W� < D m CD o o °, < w- (Q -n pi M M `G m 0 m < D �' CD �, m � m 0 ° o < � m � CL o_ Cl) m n o su m m 2) m m m C -n -n o m < m m � a < < (D r r Q o o m-0 CD m Cn o �. D CD C4:- (D w ° cD 2) D ?1 a0 =r O CD Co , Q o (Q 3 , cn -t (D (D G) o CD � CD P, o 2) 3 cn M. `< � Z (D 3 • 1' yu O cn m O iI c —n < =3 CD CL co w 3 0 CD w 0 D 0 0 0 cn MM. (n CD CD -1. 3 -3- cn cn (n c cn 0 cy" ;w m 6W, O C) LQ 0 w Yl cD cn m O iI c —n < =3 CD CL co w 3 0 CD w 0 D 0 0 0 cn MM. (n CD CD -1. 3 -3- cn cn (n c cn 0 cy" ;w m 6W, C. C) 0 w 0 ?�� 0 C (D CD W C37 —% CD CD 70 0 =r =3 FD" 7 (C) (1) = 0 w < CD cr 66 0 CD 0- cn 0 CD 0 CD = 0 (n 0 r-+. 0 7C3 0 0 (1) 7C3 0 0 0 CD CD 77 -4% 0 -% 2) C37 3 0 < CD 0 CD 0 < r j) CD (D CD CD M-% W (D 0 o < CD L 0 (D CD IF L 0 CD 70 kM (D C: 0 CD cn (D CD 0- =3. 0) 1 ( n C. 0 > cn 0 C) 90 mm M w 0, 01 mo Cl) � 0 Cj) 0 CA i M m (D CL Er =r > :r CD cn 0 rt CD Do 2: —1 — — r* CD Q) 2) — a 0 -3, M,I 0 0 0 CD 3 0 cc (D ( < 0 =r C: CD -00 a 5 m 3 0 0 W W CD :3 = 0 C)- 0 CD CO) 0 0 cf) CD 0 CL 0 13) CD 0 — 0 CD 0 0 3 — CD CD CO) 0 :3 (D CD :r -a CD CL CD 3 cn 3 0 0 0 =3 =r CO). 90 (D 0 m " CO) 3 75' ENO 0 :r (D Zr 0 CD -n m CO) r.* to I 0 CL O rn rri -L 0 0 cp o C) (D 0 0 M SD ri) 0 (D Cf) D — (D U) ,< 0 -0 K c @D CD cn 0 90 CD 3 0 CD :3 — 0 -n Fn Z 0 c Z cn a a m C > > 0 m 9 m -4 m 14 0 M Z Ul X a -q C ,2 > Go > 0 Z -< r, 0 — r, Z Zj z < M > C 1) NZ(J) Cl) =—r ♦ * CD cn CD SD (n 0 0(a r--. CD c (n 0 0 CD 0- 0 CD I —1 < m m m m 0 0 0 0 < _0 3 ,;:;: M. CD < 0 = 3 > cn 0 C) 90 mm M w CO) 01 mo 0 -5, � 0 cp o C) (D 0 0 M SD ri) 0 (D Cf) D — (D U) ,< 0 -0 K c @D CD cn 0 90 CD 3 0 CD :3 — 0 -n Fn Z 0 c Z cn a a m C > > 0 m 9 m -4 m 14 0 M Z Ul X a -q C ,2 > Go > 0 Z -< r, 0 — r, Z Zj z < M > C 1) NZ(J) Cl) =—r ♦ * CD cn CD SD (n 0 0(a r--. CD c (n 0 0 CD 0- 0 CD I —1 < m m m m 0 0 0 0 < _0 3 ,;:;: M. CD < 0 = 3 I > cn 0 C) CL mm M w CO) —Z L� Z r* > C) 0 -5, 0 cn 0 o — CA i M (D CL 0 > :r CD 0 CD Do 2: —1 — — r* CD Q) 2) — a 0 -3, M,I m% — CO) CD 3 0 cc (D ( < =r C: CD -00 a 5 m 3 0 W W CD :3 = 0 C)- 0 CD CO) 0 0 cf) 0 CL CD 0 — 0 CD 0 0 3 — CD CD CO) 0 :3 :r -a CD CL (D 3 0 0 0 0 0 =3 =r CO). CA rmP (D :3 m " CO) 3 ID :r (D Zr CD cr m CO) r.* to I 0 :r I 01 11 < (D w r-f- 3 CD o CD 01 11 n O -k cn O C CO) O r z n m z II D II CD W o C CL _. o II o (D 0 =r a < CL R M Z O 3 o (D CL CD n QO Cl) 0 11 0 m 0 0 N CL rt SD Q CD m o m ' ♦ ♦ ♦ N O p 3 �y w m 3 0 <, p ♦ p ?. y W O CD 0 — N N• CD -+ y go N cn cot T V 4 Q CD (A 7• CD N �• CL < _? �Q' _ C. �1 CZ n 1/ c m: (D 3 �(D MMWIQ a CL o y _a m c m o m ' y W o.Q� � 4 N �'a 0 CD CZ r Q O co ( <, 0 n, Vi W Q o. U) co N CL CD N C N - V" 1 CD w %C y y N 3 �Q n CD ,< v w q < M i m 2 a � Q m �• a:) a ? a = m v, co A� w `C N y' 0 0 z 3 o. m rn cQ -0 O.. w 5.. =r 0 CD Q C .y -f � a i11 D Q (D N CD -a 0 w 7 (D Q A: O l< CD a CD Q a- 1 0 w co 3 CD m CD C � w CD w CD O a co s CD (D Al 2 N N � Q (Q (D -n 3 N N Q 0 Q Q MMWIQ a y r co CL CL CD P4. N � O II Fri �• 4, 1 "� CAAF 0 0 k Cl) 0 c CD 0 m -n r--, CL c 5� C) M 4 M CD CD D 0 C/) X a cp w 0 r-l- 0 (o E; :3. 0 c > m 0 a x 3 CD R r7j7) 0 C/) 0) Cl) 0 0 =3 r– 0 (D CD 77 C/) 0 77 0 W CD CD w --j CD :3 CL CD < CD CD -0 0 =r -W% CD :3 . . lk 0 -0 0 CD (n cn _ 3 • CD IT 0 ch CD CD w :3 0 > — :3 4. 0. 3 m X CD -1. CD ""N. 0 CD 0 CD --% 0- -t. -,% CD 0 0 CD 3 CD r-+ CD FRI 0 C: Cn 0 N) :3 r-, (n o- 3 c D 0 0' -n cn CD :7 CD 0 :3 0 0 MENU% cn =T < CD 0 3 % SD CD% 0 3 co 4. (o % cr CD (, m CD CL 0 CA) 0 CD x cn C) N) cn CL CD * C) 1-0 0- CD 3 CD P Ln CD 0 0 --% --h CD CL -0 -,% 0 N -4. --4� 0 0 x cn 3 -,% 3 0 CD CD CD D 0 CD X n .=F O cn O c CD CL ps t` r r D X. 0 �� c CA _. -� CO) a) 13 CO o � -' m x N' w. _. N -• o m t` C: O CC) rri z q: K) P� I. o.. N) CD 0 K) L _ j�) CD -0-0 -� � I2 COD — � _ 4 rl. . . CD (o 02 — 2) 'o'� CD N 6 r' I -< 7 C,) b) (o (D 0-0 -OR ;:-,� 2,) Ch � 0) — I -< Cr C,) (o :- CD CD I) 0-0 e 'o-O @ 0 :3 �O 4�:, 0 CD :o r\) Cp O0 0-0 0 c) m (D -1 T ,4 0 m 0 3 do w 0 0) 0- 0 CD CZ 4��- P -n SO .0, (0 c -01, e I:, X CL C/) X CL (D X "I or- a 0 =-T 01- CD 0 PO 0 CD 0 D 0 0 3 2• N N) co c) cc CO co F\) co 0 ll� �o - - 0� 0 0� G) c -u m 0 CD 0 = 6 CD (D CL o 0 z 0- (D Co Z 0 CD N) N) N) N) K) � ) --4 CO O OR O 1.10 0-0 0 0 O D (n 3 0 C: R 0 3 CD 0 0 0 :3 V 3 0 n (D CD :r I (Dg:3c:Ewm(f)R 0 0 0 ZD. CD 0 2. cD co w w 0 0 OD o� A ol IV o oR 0 0) o 0) 0, o 0) V cf) -n po go c :3 0 0 I I < CD CD a ci 3 CD C) 0 WA > z (n > co al P� .1�. CK) C) co (D 0 6 0 -. G) CD 0 3 7 0 CL CD CC (0 0' 2) CD 13) 2 — �T M. 0 CL L3,' =- 90 CD CD co CD CL CL -U CD CD 0 0 0 3' 3 CD CD '< (D 0 0 0 CL (n D 0 FD* < S C.) 0 :3 =r CD —(Q CD =CC z C: C, 0 b) w . Cl) E; U) U) E; 0 C40 C) -4 CD � 10 0- 11 k Cl) c CD N i Q. A,- cp c Q° 7 Q O O Q X 0 0 �°D 0 CA) f� _. O ! W 0— 31 O O � O W L CD CO N O O N w o 7D 0 ID 03 67 0) O • 0 Q (D p . 0 0<� . 0 CD m O Q. � o R E-0 O� 3 CD �W `mac -hm o m m m 3cn� ��0 o m CD 0Bo= *����0cn =_a 9.0 :3maw 0 (D 0 (D _. 0 0 (D (Q 3� O .� . 0 (n m(0 0 0 �`_3 m mm m o� o � o (� �M CD CD � �� (o-- o� 0 =gym c 3 o.o �°�, c CD (D C)3 m o W `° o O o� c o cD QOM; m om' CO o =r CD (n �(a 0— (0 u) 3 0 U) CD m �� CD m (ten n m O N .� '� m W� N `� N o o Q. co N Q Q_ N o N (D n -r < �p 0 rt UJ co Q CD 5' Q (D 3 Q � 0 CL =r =r (D (a � �G OM 0 0 0 O. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O j V W C" O Cp N �a W OD W p 0 ;h. 0 „y co W W N � \ OND y V Oo a o0 N o O 0 W� IV OD ° W o AN c0 0 0 O I ?� vo In O4 7 Q �a O� L IDc �9 0 �0 0 09 �w 0 o� I oC r co -n CD a ()n O C) d S X T C Q Cn C CD CD x N J O U1 . c0 o o O j V W C" O Cp N W W OD W p 0 ;h. 0 U co W W o \ OND y V Oo a o0 N o O 0 W IV OD ° W o AN c0 0 0 O T j w m c - (Di' �± a 0 3 O Q. c0 C c: c: %. CD a CD M 0) M 8 b b3 \° \ \ \ ol A W (n Ul 0 0 0 0) Icl o o o o m W V QD N o v W O 0 0 0 o I U N U7 II� CO A o A lcco o 0 0 0 oD 0 0 0 ° N) N O O N O o q o IO N w.0c) O O o 0 o bIN. W O o O.r A A o N N l O CO CO °ION 0 0 k cn 0 TI m -I < CD 3 CD CD 0 Sb 0 3 cb CD CD cn . r cb CD' CZ cD (D (b 13 O O Cb �W J Q O Z Q C: I< :r C") m n � w � Q �• <� (D CD O Z > 0 cn ® e s 3 v N n cep ,�. O z F. CD (n �' sv .� Q CD 0 � O CD N QW y � O Z y, N O O _ C (1) Q CD (D c- n, cc� a Q (TQ O CT Q 5n 0 . 3 to (D Q w W CD C CD 0 �•' CD W —0 3 X N. C '+ CD � <� (D • CD :3 CL (n T' F' —t CQ CD _': CD a �. O w 0 0 CT C: . 0 .. -� CD CD O r+ N w 0 Fn n w Q (D p _..,, O CD � ,-. W C - _0 O. 0- y < O 07 0- (n cn �W J Q O Z Q C: I< :r 0 m Q O Z Q C: I< :r 0 m n � w � Q �• <� (D CD Z v W, 0 k cn 0 CD CO) CL sb- e— CD QL Z CA cu Co ru w CD in" cu 0 Cu r3i 14% O cl o -C3 w to QL ---;:z Ch QL �Qc Co C-- 20 co O O CD QL Z CA cu Co ru w CD in" i I A cu Cu 14% O cl o -C3 to i I A �4 n kfl �r--n CD ZY � m> 0>>0 m m � m 0>cK>0(1) CO cn ° m .0 c P, m • ol p w o O V V J J m m ° m 0) c° °- CD ' iii :3 ®�� =�omD m �� p c�, w O 2) -• y, W CD n g C Dm a 0 _0 n: < o —I mm o m O � CL a c N co . 3 (D CD Q � 00 W Ui (A � 9 m 1 W j 4 Mai CO U1 (o 1,,n h O ®N,,; Q ,o o ,,o 0 • D Z M w D CD < N CD . Ut 00 W (Jt 6) �_ 0 O � O N WO as �z O'. 00 .p 1 00 N D O p O O 0 — CL cn CD 1 N ' PO Cfl e - tTi co 1 O (D t O co 4 ' o o\ (D ON V U W O�� D� 3 0 � Q� CD C S CD < CD w m < w w .� 5 3 O w O 1 1 O 3 CD CQ CD (Q O n 0 0 o (D Sv 7 CD .3r CD " Z - (Q (D { cl) Q Z (D CD . Q (D o n � l< � f= CD 0- • 3 SD O p Q (D N o o CL CL O O O O O \' O (D b o ((n -a CD < 'w O j 6 1 C 0 CD CL CD A o CY (D,< Q 3 Al 0 n Co CD CL = i r..., V N �4 NC Cn CD W W o W W \ cD N • a \ . 0-1 Tl" c Z % W M > CL m • L o a o a + ° � • 7' \ \ \:� co �. of .:i �yyf ° 0 m -n �< c * (J) 0 M m V< (1) CD 0 0 0 CO 'D U CL 0.0 0) -9 0 M (D U) (D (D 0. 0 CD 0) 0 N 0 CD =r M (a (D 0 = :E -1 0 0 0 0 = — 0 r- cn < P, M (D M M 0 U) 0 ma P, 0 M M 0 m =r 0 CL o (1) o (D 0 U2 o 3 "1 3 C 0 — IN -1 -1 — -mh (a = = 0 (D () 0) M (0 CL p (D =r (D (D rt 13 0 M 0 (D 0 =r to C) ID 0 0 0 - 3 , 0 m Al ;z n (D 0 r Co m-1 -% 0 (D CO -h 0 r (D > a (D a CL U) (D (D 3 0 0 0 M 0 U) W (D r (D -< EF x (D -k M 0 M CD U-0 0 :N =r CD ty (D CD 0 0 0 o 0 a 0 (D CD :r CD (D CD CL • r ty (D C CL (j) 0 -1 * (j) (D 0 Al 0 =r OF 0 (D (D M (D CD 0 CD (D U) CD U) (D -n C=L O rrl 0 03 CD CD CD co CD C? C.0 0 M CD C? CD CD C? co (3, CD 0 CD CY) 4 CD co 0,) CD 0 C? co 0 Co CD C) (Z) CD 0 C) 0 CD (? R.; CD 00 C, CD CD C) C) o CD C) C) ro CD CD C) co CD C) CD a -n CD C C: fJ CL c C) C ER r Z3 --.I > Q MIR I M (0 (0 -o m O QL - p 0 0 CD co QL m -P. cn :,j CO SD CD ro 20 s:u O A • :3 CD- lc:3 Gn p p Iro C) 07 C-11 -P, :-4 e ° CO 21 !\D p p OD 0) o o PO Po po N) 4'. o) -n j w m 0 a CD C: fJ CL c C) C ER m --.I O Q MIR I M QD -o m O QL - p 0 0 CD co QL m -P. cn :,j CO ro 20 O A lc:3 Gn p p Iro C) C-11 -P, :-4 e ° ° 1 21 Yip CD C: cn f-4- O Q MIR I C: m x, QL 0 0 CD MITI QL A ,3 I Met! ^ 4 -� � t�7 0 1 (77 0 � J o Cil t!t o k � �• 0-0 CD O O O G O C O Q -- - -� --- - ---_ - — -� - -- -_- - - O O .. cn. CD CD 3. V CD 0 cn -. M CD 0 0 (n O O do ■ �. � +. CD n n ci0 =7 �.. (D 66L (Q - l \ CL - 1 3 (D - d CD Q 0 Q CD _ C: N D 0 0 O <' _ � 0 3 to CD O = CD � .P Q o cn W � N (D l Q° -z CD =3 (n -A 0- 0 0 CX) W 0 o- 3 v �i _ C7 =3 CD. 0 (Q 0 CD v 0 ..� .,� < i CD Cn cn cn > CD Cr V (D - CD CO Q MAY M Z �# N 33 0 W 0 0 0 U) 7o O N Xn F -_E Q �1 n n /� Lr J rn r f1 N N M X I M 0 M v N X r M C M r S U) 7 EXPECTED RATE OF RETURN LOW RETURN HIGH RETURN STI Classic Prime Quality Money, Market n STI Classic U.S. Government Securities Money Market ai Institutional U.S. Treasury Securities Money Market 3 Institutional U.S. Government Securities Money market Institutional Cash Management Money Market Institutional Super Short Income Plus s C Institutional U.S. Government Securities Super Short Income Plus o STI Classic Short-Term Bond s m Instituional Short term Bond - STI Classic Short-Term U.S. Treasury Securities STI Classic Limited Term Federal Mortgage Securities STI Classic Investment Grade Bond — STI Classic U.S. Government Securities rn 0 -n $TI Classic High Income iii : STI Classic Strategic Income r d STI Classic Balanced CL m STI Classic Value income c• STI Classic Growth and Income c c STI Classic Capital Appreciation - STI Classic Tax Sensitive Growth m CL c STI Classic Mid -Cap Equity v STI Classic Mid -Cap Value Equity CD m s STI Classic Small -Cap Growth _ 5. STI Classic Small -Cap Value d a STI Classic Int'I Equity Index STI Classicint'I Equity m STI Classic Info & Tech 0• STI Classic Vantage nl� �1 'D V , e� O O. U) W N Return a Na Notna NaN aN ■ Ln c'n^ O rb L N d 8- N k r PIwPIJ'�NiW �.. I �N W- Ln aolao�m d i � N O Lnx z la"Wi�' OD CL ! ' - Return LAILn Cif �fl fl L I� QL al@`. m vm. iCD � 1 LjI I I rNr d d' Q d Q O p OI p a g T i 1� EL o t' _ [ 1 A r. N N W � 0 O ft U) O c s -v - CD U) O = c.n 0 D c 3 0 CD CD CD :3 0 CL m cu :3 m CD CO) co m CD m m CL m z :w 3 0 m m cn C W m Z3 O C 3 < m CD cn. + 3o CDC �N 3° CL C CD MC C- 0 0 0 3 3 c 0 0 a c.n 0 im FISM 3 m 00 m CO) F r-n m m O a0 m z r* � CD m m cn m 3 m O N CA N im FISM It 1 ORDINANCE NO: 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENTERING 5 INTO A NON - EXCLUSIVE GAS FRANCHISE AGREEMENT WITH 6 NUI UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC 7 RIGHTS OF WAY OF THE CITY OF SOUTH MIAMI, FLORIDA, AND 8 PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH 9 THE FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND 10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 11 AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, the Mayor and -City Commission of the City of South Miami 15 pursuant to applicable law and subject to the rights, limitations and conditions in the 16 attached non- exclusive franchise agreement are authorized to ` grant public utility 17 franchises; and, 18 19 WHEREAS by Ordinance 468, adopted in 1962, the City Commission of the City 20 of South Miami granted to NUI Utilities, Inc., its successors and assigns, a non - exclusive 21 right, privilege or franchise for the purpose of distributing and selling gas in the City of 22 South Miami, which franchise was extended until 2002, by Ordinance No. 526-B; and, 23 24 WHEREAS, upon expiration of the above referenced ordinances, NUI Utilities, 25 inc. continued to distribute and sell gas in the City of South Miami, and to pay the city 26 franchise fees without a written franchise agreement; and, 27 28 WHEREAS, NUI Utilities, Inc. desires to enter into a new non - exclusive franchise 29 agreement for a period of 5 years commencing from the date provided in the attached 30 non- exclusive franchise agreement; and, 31 32 WHEREAS, the Mayor and City Commission desire to enter into a new non - 33 exclusive franchise agreement with NUI Utilities, Inc., as it is in the public interest of its 34 citizens. , 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 38 39 Section 1. Attached is the non- exclusive franchise agreement between the city 40 and NUI Utilities, Inc. to be incorporated by reference into this ordinance. 41 Additions shown by underlining and deletions shown by ever-stFiking I Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 2 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 3 shall not affect the validity of the remaining portions of this ordinance. 4 5 Section 3. All ordinances or parts of ordinances in conflict with the provisions 6 of this ordinance are repealed. 7 8 Section 4. This ordinance shall be codified and included in the Code of 9 Ordinances. 10 11 Section 5. This ordinance shall take effect immediately upon enactment. 12 13 PASSED AND ADOPTED this day of 20 14 15 ATTEST': APPROVED; 16 17 18 CITY CLERK MAYOR 19 20 1St Reading 21 2nd Reading 22 23 COMMISSION VOTE: 24 - READ AND APPROVED' AS TO FORM Mayor Feliu: 25 dice Mayor Russell: 26 Commissioner Wiscombe: 27 CITY ATTORNEY Commissioner Bethel: 28 Commissioner McCrea: Additions shown by underlining and deletions shown by evetstriking o $ o u IT' South iami All- America ity U INCORPORATED 1927 •�aR19 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice May ir& Date: April 22, 2003 City Commission Re: Item No. 12) From: Sanford A. Youkilis LDC Amendment Acting City Manager ERPB Membership REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED - TO THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB), AMENDING SECTION 20- 6.1(C)(1)(A) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO INCREASE MEMBERSHIP OF THE ERPB TO NINE MEMBERS AND REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE ARCHITECTURE PROFESSION; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND Section 20- 6.1(c)(1)(a),of the South Miami Land Development Code specifies that the Environmental' Review and Preservation Board (ERPB) shall consist of seven (7) members who reside or work in the city. However, the current membership of the ERPB at this time does not contain any members from the field of landscape architecture. It would be very helpful to have the ERPB should contain at least one member with :landscape architecture experience, in order to help the Board review this aspect of applications before the ERPB. This ordinance would amend to the South Miami Land Development Code, increasing the number of members of the ERPB to nine (9), and requiring that at least one member shall be from the field of landscape architecture. On March 25, 2003, the Planning Board voted 5 -0 to recommend approval of the ordinance. RECOMMENDATION APPROVAL of the Ordinance upon first reading. Attachments: Draft Resolution SAY/RGLf.L KAComm Items\2003 \04- 22- 03\ERPB membership increase report.doc . .'c :� �A . +y ,. ., ev £S .. «��"3 w .;.. r '�' f�_ a ":=": <� . tea... 'v?�,"�9iY` 1 2 ORDINANCE NO. 3 4 5 A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, FLORIDA, RELATED TO THE ENVIRONMENTAL REVIEW 7 AND PRESERVATION BOARD, (ERPB), AMENDING SECTION 20- 8 6.1(C)(1)(A) OF THE SOUTH MIAMI LAND 'DEVELOPMENT CODE, TO 9 INCREASE MEMBERSHIP OF THE ERPB TO NINE MEMBERS AND 10 REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE 11 ARCHITECTURE PROFESSION; PROVIDING FOR AN EFFECTIVE BATE. 12 13 WHEREAS, Section 20- 6.1(c)(1)(a) of the South Miami 'Land Development Code specifies the 14 establishment and membership of the environmental review and preservation board (ERPB); and, 15 16 WHEREAS, the current code specifies that the ERPB shall consist of seven (7) members who reside 17 or work in the city; and 18 19 WHEREAS, the membership of the ERPB at this time does not contain any members from the field 20 of landscape architecture, and 21 22 WHEREAS, the City Commission deems it advisable that the ERPB should contain at least one 23 member with landscape architecture experience; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. That Section 20 -6.1 entitled "Environmental Review and Preservation Board," 29 of the City's Land Development Code, is hereby amended to read as follows: 30 31 (C) Environmental Review and Preservation Board. 32 33 (1) Establishment and Membership. 34 35 (a) An environmental review and preservation board is hereby created which 36 shall consist of seven (7) nine 9 members who reside or work in the city. 37 38 i. The mayor, with the advice and consent of the city commission, shall 39 appoint the members of the board. 40 41 ii. - Board membership shall include at least one (1) `landscape architect. 42 and two (2) but no more than four (4), architects or- landseapE 43 °rte licensed to practice in the State of Florida. 44 45 46 47 48 49 50 51 """`,"`?"Y„�- "�i`.1�° -«'�' ate, "�;�'.'�- s'�rE?' ,, .�+�:.��,. r � 'a�m+u...s.; ,.4 �.. n'='.`�, �.' �'a,"� '�", -;�—, n r,�°r,�- :n�ss-�`, ,�.,;, �e� � . "�";.� "mss �...g ,4�- �- `�`"'3'�,e°4•g4-�h a:��,,. ,� 1 2 3 4 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this 5 ordinance are hereby repealed. 6 7 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held 8 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 9 validity of the remaining portions of this ordinance. 10 11 Section 4 This ordinance shall be effective immediately after the adoption hereof. 12 13 14 PASSED AND ADOPTED this day of 2003. 15 16 17 ATTEST: APPROVED: 18 19 20 21 22 CITY CLERK MAYOR 23 24 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 25 Mayor Feliu: 26 Vice -Mayor Russell: 27 Commissioner Bethel: 28 Commissioner Wiscombe 29 CITY ATTORNEY Commissioner McCrea: 30` 31 32 K: \PB \PB Agendas Staff Reports\2003 Agendas Staff Reports \03- 25- 03 \ERPB membership increase Reso.doc o� s ° U T� South Miami �. All-AmedcaCity • INCORPORATED �L1927 O R A V 2001 Excellence Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: April 22, 2003 City Commission q Re: Item No. It From: Sanford A. Youkilis LDC Amendment Acting City Manager Social Service Agencies as Permitted Uses REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" BY CHANGING THE PERMISSIBILITY OF "SOCIAL SERVICE AGENCY" AS A PERMITTED USE IN THE CITY'S ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Currently, Social Service Agency is a permitted use in several zoning districts, including the Public Institutional zoning districts, all the office districts, and the lower intensity retail districts. It is also a permitted use in the TODD -LI light industrial zoning district, centering around Commerce and Progress Lanes. Recently, the City Commission had several public discussions regarding the Fellowship House facility located in the industrial area on Commerce and Progress Lanes. The advisability` of having such a large social service agency in the industrial area was discussed by the Commission, Fellowship House staff, and local business owners. The Commission forwarded a request to the Planning Board to examine the issue, with the aim of revising the permitted use ` schedule to address the problems and concerns raised regarding Social Service Agencies. FELLOWSHIP HOUSE Fellowship House is a Social Service Agency serving the mentally ill. They have many different' programs in operation, and provide important services to the community. Their original facility` has grown from a one building operation on Progress Lane to a multi - building operation comprising several buildings on Commerce Lane and Progress Lane. Fellowship House has a long history of providing important services, but there have also been periodic complaints from nearby property owners regarding the impacts of their operations. The complaints have centered around the Fellowship House "members walking around the narrow streets of the neighborhood (there are few sidewalks) in the middle of the street, or loitering in the general area of the facility. LDC Amendment Social Service Agencies April 22, 2003 Page 2 of 2 Recently, Fellowship House undertook a new program, which will increase the daily number of people by another 50 people, bringing the daily total to almost 250 people. Nearby neighbors have complained that this increase in the number of people attending Fellowship House will increase the negative impacts on the area. ZONING REGULATIONS As stated above, currently Social Service Agencies are a permitted use in several zoning districts. One alternative would be to change Social Service; Agencies to "S" Special Use in the schedule of permitted uses in the Land Development Code. ` This would subject any new social service agency, or any proposed expansion of an existing social service agency, to the Planning Board and City Commission public hearing process. This process could be used to assess the compatibility of the proposed use with the surrounding neighborhood, and to add conditions of operation on a case -by -case basis. This course of action is contained in Alternative "A" in the attached draft resolution. This would change Social Service Agency to a special use in each of the zoning districts in which they are currently permitted. While changing Social Service Agency to a special use is advisable in order to examine each application on a case -by -case basis, some people have argued that social service agencies do not even belong in the light industrial area, in this case the Commerce and Progress Lane area. This approach would remove Social Service Agency completely from the list of permitted uses in the TODD LI light industrial zoning district. This would mean that no new agencies could locate in this area, and the existing agency, Fellowship House, would be prohibited from expanding. This also means that if Fellowship House were to burn down, be destroyed by a hurricane, or be damaged beyond 50% of its value, that it could not rebuild and would have to abandon the existing location. This proposal is contained in Alternative "B" in the attache: d draft ordinance. On March 25, the Planning Board reviewed the proposed ordinance and voted 5 -0 to recommend approval of Alternative "A RECOMMENDATION Planning & Zoning staff believes that problems arising from Social Service Agency uses would be best addressed through the Planning Board special use public hearing process. Each proposal could be addressed on a case -by -case basis, and future expansion of existing facilities could be prevented if warranted. The Department also tries to avoid creating nonconforming uses, which would be created by Alternative `B." Therefore, the Department recommends Alternative "A." APPROVAL of Alternative "A" upon first reading Attachments:' Draft Ordinance' SAY/RGLL K: \Comm Items\2003 \04 -22 -03 \social svc agency report.doc '°'77 ,r;:m's' :.F`�,".i'�,rr°:. l ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA RELATING TO THE CITY OF SOUTH MIAMI LAND 5 DEVELOPMENT CODE, AMENDING SECTION 20- 3.3(D) ENTITLED 6 "PERMITTED USE SCHEDULE" BY CHANGING THE PERMISSIBILITY OF 7 "SOCIAL SERVICE AGENCY" AS A PERMITTED USE IN THE CITY'S ZONING 8 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 9 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission has recently had discussions regarding the Fellowship House 12 facilities located on Commerce and Progress Lanes in the TODD -LI Light Industrial Zoning District; and 13 14 WHEREAS, these discussions centered upon the potential impacts of operation and possible 15 expansion of a Social Service Agency within the Light Industrial District and 16 17 WHEREAS, the City Commision directed the Planning &; Zoning Department to, forward to the 18 Planning Board an examination of the permitted uses in the Light Industrial and other zoning districts, 19 and, more particularly, the advisability of permitting Social Service Agencies in the Light Industrial 20; zoning district or other districts, or allowing their expansion; and 21 22 WHEREAS, on the Planning Board held a public hearing on the issue and voted 23 to the proposed ordinance; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF 26 THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land 29 Development Code is hereby amended to read as follows: 30 31 ALTERNATIVE "A" 32 33 Section 20 -3.3 (D) Permitted Use Schedule 34 ' 36 37 35 PUBLIC AND INSTITUTIONAL USES S S S S S T T R M 0 0 0 R R R 0 O 0 O 0 I R 0 A 1 2 3 4 5 6 9 M 2 D D D D D- N R USE TYPE 1 4 D D D D D D x 8 M M L P P U U I I R 4 5 4 Social Services P P P P P P P- P P P Agency " 10 S S S S S S S S S S * Parking requirement category; 1 space per 300 sgat gross floor area (NOTE New worc1mg,in bold- underlinect) 1 ZONING DISTRICT R R R R R' R R R R R R R R L L R R R R L L M M N N S S G G T T T T T T- T T T T H H P P P P C C P P Social Services P P P P P P P- P P P Agency " 10 S S S S S S S S S S * Parking requirement category; 1 space per 300 sgat gross floor area (NOTE New worc1mg,in bold- underlinect) 1 * Parking requirement category; 1 space per 300 sgat gross floor area (NOTE New worc1mg,in bold- underlinect) 1 1 ALTERNATIVE «B" 2 3 Section 20 -3.3 (D) Permitted Use Schedule 4 5 PUBLIC AND INSTITUTIONAL USES Social Services ZONING DISTRICT R R R R R< R R L R R 'L M N S G T T T T T H P P C P S S S S S T T R M O O O 'R R R O O O O O 10 1 R O A 1 2 3 4 5 6 9 M 2 S S S S D D D D D N R USE TYPE 1 4 D D D D D D x 8 M M L, P P U U I I R 4 5 4 5 PUBLIC AND INSTITUTIONAL USES Social Services P P P' P P P P P P Agency g 10 S S S S S S S S S 6 * Parking requirement category; I space per 300 sq.ft gross floor area (NOTE: New wording in bold- underlined) 7 8 9 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 10 hereby repealed. 11 12 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or 13 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 14 remaining portions of this ordinance. 15 16 Section 4. This ordinance shall be effective immediately after the adoption hereof. 17 18 19 PASSED AND ADOPTED this day of , 2003 20 21 ATTEST: APPROVED: 22 23 24 25 CITY CLERK MAYOR 26 27 1 St Reading - 28 2nd Reading- 29 COMMISSION VOTE: 30 READ AND APPROVED AS TO FORM: Mayor Feliu 31 Vice Mayor Russell 32 Commissioner McCrae: 33 Commissioner Bethel: 34 Commissioner Wiscombe: 35 CITY ATTORNEY 2 soul, South Miami P&AnWeaNy INCORPORATED 1927 fiIt— Cl'Ri9 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: April 22, 003 City Commission ^r Re: Item No. From: Sanford A. Youkilis LDC Amendment Acting City Manager Code Enforcement Board Elimination REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE CODE ENFORCEMENT < BOARD, AMENDING SECTION 20 -4.4 AND SECTION 20 -6.1 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO REPLACE REFERENCES TO THE CODE ENFORCEMENT BOARD, WHICH HAS BEEN ELIMINATED;' PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The City Commission recently voted to eliminate the Code Enforcement Board, and replace it with a Special Master system. This was done in order to cut down on the number of fines and liens that were being waived by the Code Enforcement Board. A Special Master is a semi judicial position, usually filled by a:retired judge or attorney on part time basis, who acts as a hearing officer, and hears appeals of code enforcement fines and citations. The City's Land Development Code contains several references to the Code Enforcement Board. This ordinance would eliminate reference to the Code Enforcement Board in the Land Development Code, and replace it with the words Special Master, where appropriate. On March 25, the Planning Board reviewed the proposed ordinance and voted 4 -1 to recommend approval. RECOMMENDATION APPROVAL of the Ordinance upon first reading., Attachments: Draft Ordinance SAY/RGLQk K:\Comm Items\2003 \04 -22 -03 \code enf bd report.doc 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 6 OF SOUTH MIAMI, FLORIDA, RELATED TO THE CODE ENFORCEMENT 7 BOARD, AMENDING SECTION 20 -4.4 AND SECTION 20 -6.1 OF THE SOUTH 8 MIAMI LAND DEVELOPMENT CODE, TO REPLACE REFERENCES TO THE 9 CODE ENFORCEMENT BOARD, WHICH HAS BEEN ELIMINATED; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, The City Commission recently voted to eliminate the Code Enforcement Board, and 13 replace it with a Special Master system; and, 14 15 WHEREAS, The City's Land Development Code contains several references to the Code 16 Enforcement Board; and 17 18 WHEREAS, it is now necessary to eliminate reference to the Code Enforcement Board in the Land 19 Development Code, and replace it with the words Special Master, where approriate; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. That Section 20 -4.4 entitled "Off- Street Parking Requirements, of the City's 25 Land Development Code, is hereby amended to read as follows: 26 27 28 20 -4.4 Off - street parking requirements. 29 30 (M) Valet Parking Permits for Use of Public Property. 31 32 (9) Enforcement Fine Schedule and Right to Appeal. 33 34 (a) Enforcement. The City shall enforce the provisions of this Ordinance, 35 including the Valet Operators Code of Conduct. If a.violation of this 36 ordinance is found, the City shall issue a Notice of Violation to the violator. 37 The Notice shall inform the violator of the nature of the violation, amount of 38 the fine for which the violator may be liable, instructions and due date for 39 paying the fine, and notice that the Violation may be appealed by requesting a 40 hearing before the City's Special Master Code Enf r ement Board. Failure to 41 appeal within ten days after service of the notice of violation shall constitute 42 and admission of the violation and a waiver of the right to a hearing. 43 44 (b) The following civil fines shall be imposed for each violation: 45 1. Operation without Valet Immediate cessation of Permit service and $250.00 2.' Unauthorized /Illegal $150.00 per offense Ramping' 3. Unauthorized /Illegal $200.00 per offense Storage 4. Penalty for Lapse in Immediate cessation of Required Insurance service and $150.00. In Coverage cases where more than one day has lapsed; $150.00 per day fine from date of lapse. 5. No Name Tag , $25.00 per offense 6. No Uniform $25.00 per offense 7. No Valid Florida $25.00 per offense /and Driver's License immediate removal of the employee from the valet o eration. 1 2 3 (c) Rights of violators; payment of fine, right to appeal; failure to pay civil fine, 4 or to appeal. 5 6 i. A violator who has been served a Notice of Violation shall elect either 7 to: 8 9 L Pay the civil fine in the manner indicated on the Notice; or 10 11 2. Request an administrative hearing within ten days of receipt of 12 the violation before the Special Master rode E„ f,,, eeffle„+ 13 Bear -d. 14 15 Section ,2. That Section 20 -6.1 entitled "Administrative Entities," of the City's Land Development 16 Code, is hereby amended to read as follows: 17 18 20 -6.1 Administrative entities. 19 (E) C-ede Enfei-eement Board 20 21 (1) C-YeatiOH. PI—IF-1-44-1 _AJ4A t, _OthO PFE)ViSions of Chapter- 162, Fiefida Statutes, ther-e is hefeby 22 23 building, and „ the f „elated or-d ,,,,noes of the eity 24 25 26 have been appointed c-md qtWified. Appointments fer tmexpir-ed tefffis shall be fef 27 28 29 -mil �pp ate Bed„. 30 31 (1) The eity eofmnission sha4l serve as the appellate body for all appea4s of 32 administrative deeisiofts-. 33 34 (2) Exhaustion of r-e edicts 35 ii 36 - (�])_ Ne per-son aggr eve by any, ,- 0soltAte efdor, requirement, do 4 37 determination may apply to the eotift for- relief unless he er- she has first 38 exhaus4ed t emedies pfevided for- her-ein and taken a4l available steps 39 provided in -.is Code. l 3 ,,,,r, fibe,a undof this rode and sta4e 1&w. 4 5 6 7 8 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this 9 ordinance are hereby repealed. 10 11 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held 12 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 13 validity of the remaining portions of this ordinance. 14 15 Section 5. This ordinance shall be effective immediately after the adoption hereof. 16 17 PASSED AND ADOPTED this day of 2003. 18 19 20 ATTEST: APPROVED: 21 22 23 24 25 CITY CLERK MAYOR 26 27 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 28 Mayor Feliu: 29 Vice -Mayor Russell: 30 Commissioner Bethel: 31 Commissioner Wiscombe 32 CITY ATTORNEY Commissioner McCrea: 33 34 35 K:\PB\PB Agendas Staff Reports\2003 Agendas Staff Reports \03 -25 -03 \Code Enf Bd elim Reso.doa