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05-13-03 Specialu MAYOR: Horace G. Feliu CITY MANAGER: Sandy Youkilis (Acting)` VICE MAYOR: Mary Scott Russell CITY ATTORNEY: Earl G. Gallop COMMISSIONER: David D. Bethel CITY CLERK: Ronetta Taylor, CMC COMMISSIONER: Randy G. Wiscombe COMMISSIONER: Dan McCrea SPECIAL CITY COMMISSION AGENDA City Commission Meeting Meeting date:: May 13, 2003 6130 Sunset Drive, South Miami,, rL Next Regular Meeting date: May 20, 2003 Phone: (305) 663= 6340 T; me : 4:45 PM City of South- Miami Ordinance No. 6 -86 -1251 requires all persons 'appearing is a paid or remunerated representative ,capacity before the City Staff, Boards, Committees and the City commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A Roll Call B. Invocation C. Pledge of Allegiance: ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE. CITY MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY "TRUTH INVASION° THAT WOULD BE HELD ON SATURDAY, MAY 24, 2003, LOCATED ON 73 STREET & 57 "H COURT FACING 72 STREET (SUNSET DRIVE) PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE MARSHALL WILLIAMSON.SUBDIVISION (HABITAT FOR HUMANITY); THE PROPERTY BEING LOCATED WITHIN THE RS -4 SINGLE FAMILY RESIDENTIAL' ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 3. Adjournment PURSUANT TO FLA. STATUTES 286.0105,; "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WH=,CH 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: SPECIAL CITY COMMISSION 1 AGENDA - May 13, 2003 2001 Excellence, Integrity -& Inclusion TO Honorable Mayor, Vice Mayor DATE: May 13, 2003 and City Commission FROM: Sanford A. Youkilis ITEM NO. Acting City Manage RE: Approval Special Event RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,'' FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY "TRUTH INVASION" THAT WOULD BE HELD ON SATURDAY, MAY 24, 2003, LOCATED ON SW 73 STREET & SW 57 COURT FACING SW 72 STREET (SUNSET DRIVE); PROVIDING AN EFFECTIVE DATE. BACKGROUND &. ANALYSIS The City of South Miami City Commission on February 18, 2003, adopted a Resolution No. (27- 03- 11576), providing guidelines for Special Events. The non -profit organization group Truth Invasion has requested an event geared towards youth for the City of South Miami. 'Entertainment will include several different bands, ranging in a variety of styles of music, from local talent providing a positive message through gospel music, inspiring dramas, and a contemporary dance team. The designated street closure will be on Saturday, May 24, 2003; SW 57 Court between SW 73 and SW 74 Street during the time period of 4:00 p.m. 12:00 'a.m. The actual event is scheduled from 8 :00 p.m. — 1`0:00 p.m. RECOMMENDATION Approval is recommended. No street closure fee is being assessed, however, police and clean up charges will be paid by the applicant. Attachment: Resolution No. (27- 03- 11576) Information Packet Application SAY /MST Comm mn Special E,.t Truth In a ion evens ., *...y.,: � ,..,�,:.� .,�°'°s°.;`,'�„r.. �z "___ ua>'T�Sx .�.s �: a.. » r� . . -:;pt f= r�, ,.'„',ur's'�Si'��?"k €T .T•2�':??- "�'�„'r n:P.`.. sT-'-�`TT"� ^.� ?-�"- x;: �c.Q South Micltil! Excellence, Integrity & Inclusion TO: Honorable Mayor, Vice Mayor DATE: April 30, 2003 and City Commission FROM. Sanford A. Youkilis ITEM NO. 10 Acting City Manag RE: Approval Special Event RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY "TRUTH INVASION" THAT WOULD BE HELD ON ' SATURDAY, MAY 24 2003, LOCATED ON SW 73 STREET & SW 57 COURT FACING SW 72 STREET (SUNSET DRIVE); PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City of South Miami City Commission on February 18, 2003, adopted a Resolution No. (27- 03- 11576), providing guidelines for Special Events. The non- profit organization group Truth Invasion has requested an event geared towards youth for the City of South Miami. Entertainment will include several different bands, ranging in a variety of styles of music, from local talent providing a positive message through gospel music, inspiring dramas, and a contemporary' dance team. The designated street closure will be on Saturday, May 24, 2003; SW 57 Court between SW 73 and SW 74 Street during the time period of '4:00 p.m. - 12:00 a.m. The actual event is scheduled from 8:00 p.m. =10:00 p.m. RECOMMENDATION Approval is recommended. No street closure fee is being assessed, however, police and clean up charges will be paid by the applicant. Attachment: Resolution No. (27 -03- 11576) Information Packet Application SAY /MST Comnu®on 6p.ddLI ..t Tmth hly.4on avant . __s��rrs,.„'�s�. :i,'�':r� .iai, ^a•�— " .3"'"�°.- ""`,s.�"�"�"��°�;`�,.. ` "�a,w:nt.. "r;�—,. ,�`��d����,°.a�' ",,. ter'° s �...�6? x .r i Resolution No'. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY "TRUTH 6 INVASION" THAT WOULD BE HELD ON SATURDAY, MAY 24, 2003, 7 LOCATED ON SW 73 STREET & SW 57 COURT FACING SW 72 STREET g (SUNSET DRIVE); PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The City of South Miami City Commission on February 18, 12 2003, adopted a Resolution (No. 27 -03- 11576), providing guidelines for Special 13 Events; and 14 15 WHEREAS, The non - profit; organization group Truth Invasion has requested 16 an event geared towards youth for the City of South Miami; and 17 18 WHEREAS, The entertainment will include several different bands, 19 ranging in a variety of styles of music, from local talent providing a positive 20 message through gospel music, inspiring dramas, and a contemporary dance 21 team; and 22 23 WHEREAS, The Truth Invasion event will provide a positive message 24 that will both encourage and motivate all youth. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The City Manager is hereby authorized to approve the 30 event Truth Invasion to be held on May 24 2003 in the 31 City of South Miami, and will request the closing of SW 32 57 Court between SW 73 and SW 74 Street during the time 33 period of 4 :00 p.m. — 12x :00 a.m. 34 35 Section 2. This resolution shall take effect immediately upon 36 approval. 37 38 39 PASSED AND ADOPTED this day of May, 2003. 40 41 ATTEST: APPROVED: 42 43 CITY CLERK MAYOR 44 45 46 READ AND APPROVED AS TO FORM; 47 48 CITY ATTORNEY 49 y50 5 JL SpeeW Event Ruth hivmm P-o. RESOLUTION NO. 27-03-11576 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIArM, FLORIDA, RELATED TO FUNDING SPECIAL EVENTS AND COSTS ASSOCIATED WITH SPECIAL EVENTS AND; PROVIDING AN EFFECTIVE DATE. WHEREAS, public property and public street locations within the City of South Miami are used by organizations for special events which are beneficial to the City and its residents; and WHEREAS, such special events may require City services and resources to be expended in order to provide security, clean up, banner hanging, street blocking, covering of parking meters; and WHEREAS, the Mayor and City Commission desire set forth a policy requiring reimbursement to the City for all revenues lost or expenditures made for special events. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMNIISSION OF THE CITY OF SOUTH MIANII, FLOIRDA, AS FOLLOWS: Section 1. All organizations sponsoring approved special events using public property or public streets within the City of South 'Miami must reimburse the City for all City revenue loses, and City expenditures associated with the approved special event. Section 2. All organizations sponsoring special events using public property or public streets within the City of South Miami must receive approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event: Section 3. The resolution described in Section 2 above may also specify an additional monetary contribution, to be made by the organization to the City; the resolution shall specify as how the additional monetary contribution is to be used by the City. Section 4. All organizations sponsoring an approved special event which closes a public street within the City of South Miami,' must provide in advance, a petition signed by a majority of businesses facing the street affected by the approved special event. Section 5. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must agree in writing as to pay the actual the amount of City revenue loses and final City expenditures associated with the approved special event. 4,a r.77 4, .7 -03- 11576 (2) ec on 6. All 1::i;Iii!i;aMizaflUnS W011bol I ftg-dppfoNl )lie prop", or public streets within the City of South Miami which have been allocated monetary grants in the adopted City Budget, should pay for the required reimbursement from the designated monetary grant. Section 7. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 18th , day of February , 2003. ATTEST: APPROVED: t~ CI CLERK MAYOR READ AS TO FORM: Commission Vote U 5 -0 Mayor Feliu Yea Vice Mayor Russell Yea Commission Bethel Yea ATTORNEY Commission McCrea Yea Commissioner Wiscombe Yea PF. .. City of South Miami 6130 Sunset Dr. South Miami, FL 33143 Truth Invasion is a non- profit organization with a vision to make a difference in South Florida. We promote events that will be a catalyst for change in schools and communities. Our purpose for the proposed event is to entertain the City of South Miami , with local rock bands, modern gospel music, inspiring dramas, and a contemporary dance team. We will provide a positive message that will both encourage and motivate youth to live with a higher` standard in life. Saying no to drugs, abstinence, and strengthening the self- esteem in the lives of the community t; are some of the many messages ` we are dedicated to share. We are equipped with an organized staff, which includes a cleanup team (to keep our city beautiful), ushers (to keep order during the event), and security at all times (to malntaln our. b ' „safety) ��� t 8356 SW 40th Street • Miami, FL 33165 305- 491 -1266 • Fax: 305- 740 - 3360 www.truthinvasion.com` The proposed date for this event is Saturday, May 24th, 2003 between 8:00pm and 10:00pm. The following are important facts pertaining to the event: • There will be a rock band and a contemporary soft rock group performing. • The total number of those participating in the event will be approximately 20 staff members, including the drama and dance team, and City of South Miami police explorers. The number of those attending are expected to be between 100 to 250 spectators. The requested location is 73rd Street (Ed Corley Drive) and 57`" Court. The event will face north towards 72nd Street (Sunset Drive). Please note the illustration below for approximate location and placement of stage: 73rd Street , " Corley Drive) 5 55 ft.. 0 I v _ T _ I North W gig 16 ft Truck 8 ft. T 1 21 ft. 74th Street *please note - not drawn to scale 8356 SW 40'h Street • Miami, FL 33165 305 -491 -1266 • Fax: 305- 740 -3360 www.truthinvasion.com TRUTH INVASION PETITION BUSINESS SIGNATURE PHONE DATE or ti fry -anr 3o --7 YO-01 q —�;?- 0 i��i= �1`f����`7`� �%� 2,7 °-03 v(�° C— 7 d/m—s C�t vPi d v�6� Fe,t—f M, As "o C INI o,5 (o&5 --w1,568. v3 3o— 6,E — 3 _1 L 01,17 3 2-Z 16.E h:� A 4b b 2,7 6 -A XAV A/,- Q 6 L- b / r -z ����� 5�5 //, —5� ' 44r, Z11W , �- % * Please see reverse side i South Miami City of South Maid n 1 o r i d a 6130 Sunset Drive, r' South Miami, .Rodda 33143 MwMdu city", SPECIAf EVENT PERMIT APPLICATION 2001 Application for the purpose of conducting a Special Event in the City of South Miami shall be filed in the City Manager's Office, not less than twenty -one (211 days prior to the effective date together with all the requirements. Name of Organization Telephone (Office) o- 1q % (I-fome) Address of Organization Name of Principal Officers and/or manager of Organization: President UOE -r0g.,U-S Secretary ZULIE711<4 Address < Se S -r 7)-q, Address 57 12- SUAJ 6:7— D/2 , Office Phone Iq %w / , Office Phone (305)`/ -- 12 E -mail Address -mail Address Briefly describe event and purpose: yoo -r WiLL (lo.Ajs ns-r g-� &e. 4z ,cge DS . ate 605®gc r s ,, Afj� 4 C ep rr,�• -PP 1, WK FLNePOS6 "7V � 4/ : cij ojr- iii ??H r¢ r/iv6 JL-f Se ,o DOPE GOAL iS If 0 AgC= AAG Y, TO 14V.?- u41W i}-M sI B%Z> 3NB f l Location of Event: (Name Streets /City Park) Jc 7 rc e. -r ➢ ,LA rental fee will be applicable if a City Park is being utilized. Reservations are made through the Parks &`Recreation Department (305) 663- 6319) The proposed date(s) and hours of operation: Set -up dates and times life 2 Zoo Clean -up completed by 12 : o A.W��. Time of Actual Event: From: (a pm) To: /0 ` ( m k Page # 2 To what extent, if any, would the City benefit: f - r ry or- , 1 't414,-11 Wkz i, r r�� A,°`�r" r- err rd d tom. - �a✓e ��r —r� Nor l Hr�S Please give any additional information deemed pertinent to this application: The following person(s) will be in direct charge of the conducting the activities: Name Address Phone Name (s) ofperson(s);who must be on site with authority other than applicant to expend funds or make major changes in case of an emergency: Name Address Phone The following firm(s) will be utilized to promote this event: Name` Address, Phone Approximate number of Participants Spectators �2 General Requirements: In the event of a parade, a permit from the South Miami Police Department must be obtained. Contact person: Lieutenant Bruce Ross 305- 663 -6313. When marking any publicstreet, curb and/or right-of-way no permanent marking substance may be used. All m21-geg be removed immediately after the completion of the event. Please initial Al Barricades shall require an a8ditional rental fee established by the Public Works Department. Page 3 Any temporary cover for stations such as a canopy shall be flame retardant and applicant shall evide proof of such certificate No pegs, stakes, or ancho "dig de 'ces shall be driven into concrete, asphalt, or City hardened right- of-way. Please initia If Police service for traffic and/or crowd control is required, arrangements will be made through the City of South Miami Police Department for off- -duty Police officers. The Police Department will determine the number of officers required Specific Requirements: All organizations sponsoring special events using public property or public streets within. the City of South Miami must receive prior approval 'by resolution from the South. Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event The adopted resolution may also specify an additional monetary contribution to be made by the organization to the City; the resolution shall specify as how the additional monetary contribution is to be used by the City. Map of route or site plan of the scheduled event including all stations and descriptions of activities. A majority vote of approval (one -month in advance) by the City Commission will be required for large events. Deposit of Sig Hundred Dollars ($600.00) to defray cost of litter clean -up, must accompany application plus permit fee of $60.00. If clean-up is not required, deposit may be: refunded. The litter deposit may differ depending upon the event. ❖ The following schedules of fees could be imposed for any special event; they are as followed: ❖ Public Works- The average hourly rates are approximate $20.00 per employee, per hour. ❖ Barricades: The average hourly rate for 125 Barricades for one 1 &Y usage is approximately $75.00. Approximate dollar(s) for Police Officers: Extra duty pay for Supervisor is $35.00 per hour. , Extra duty pay for Officer is $25.50 per hour. 4, Onetime radio fee: $3.00 per officer, per day, per radio 4- Cost of Meters: $15.00 per day, per meter. Page 4 Banner fee: $75.00 (This fee does not include the placement of the banner): Hanging and Removal of a banner: $200.00 (Cost incurred by the City ) y For Grant Recipients: Payment of these charges could be deducted from the designated grant amount atproved by the City. Public liability insurance coverage certificate naming the City of South Miami as an additional insured for the time, date, place and name of the event, in the amount of $1,000,000 is required prior to the event! Signed: Name Title f vs D-` Address f ;� aroi .. Phone 3 - C Subscribed and sworn to before me, thised`4 day of , 20Q OF r4o CARLOS A. HENAO /f i Q M Comm Exp. 5/22/2003 NRY o Y Notary Public State Florida at Large N P'eOTAuc r No. cc 834 W'600 1 Personally Known It6therI Application Fee: $60.00 Received by Date qj2jjQ 3 Time 1 1tE IEWBYCITYOFSOUTH1iMMI DEPARTMENTS (Provide estimate of number of personnel required from your department to provide appropriate services for this event, along with an estimate of cost to applicant). City of South Miami Police Department Public Works Dement Authorized Signature Authorized Signature Recreation Department APPROVAL BY CITY MANAGER Date Authorized Signature AmcnnoNf sP wF., 3 RESOLUTION NO. 27-03-11576 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO ING SPECIAL EVENTS AND COSTS ASSOCIATED WITH SPECIAL EVENTS AND; PROVIDING AN EFFECTIVE DATE. WHEREAS, public property and public street locations within the City of South Miami are used by organizations for special events which are beneficial to the City and its residents; and WHEREAS, such special events may require City services and resources to be expended in order to provide security, cleanup, banner hanging, street blocking, covering of parking` meters; and WHEREAS, the Mayor and City Commission desire set forth a policy requiring reimbursement to the City for all revenues' lost or expenditures made for special events. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLOIRA, AS FOLLOWS: Section 1. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must reimburse the City for all City revenue loses, and City expenditures associated with the approved special event. Section 2. All organizations sponsoring special events using public property or public streets within the City of South Miami must receive approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event. Section 3. The resolution described in Section 2 above may also specify an additional monetary contribution to be made by the organization to the City; the resolution shall specify as how the additional monetary contribution is to be used by the City. Section 4. All organizations sponsoring an approved special event which closes a public street within the City of South Miami, must provide in advance, a petition signed by a majority of businesses facing the street affected by approved special event.' Section 5. All organizations sponsoring approved special events using public property or public` streets within the City of South Miami must agree in writing as to pay the actual the amount of City revenue loses and final City expenditures associated with the approved special event. 7 -03 -11576 (2) ec on organizations streets within the City of South Miami which have been allocated monetary grants in the adopted City Budget, should pay for the required reimbursement from the designated monetary grant. Section 7. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 18th , day of February, , 2003. ATTEST: APPROVED: t^ CL. CLERK MAYOR READ AS TO FORM: Commission Vote: 5-0 Mayor Feliu Yea. Vice Mayor Russell Yea Commission Bethel Yea ATTORNEY Commission McCrea Yea Commissioner Wiscombe Yea SOUT South Miami All- America City •' IN COR PORATEP 1927:: - LOR14 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 13, 2003' City Commission - Re: Item No: From: Sanford A. Youkilis Final Plat Approval Acting City Mana er Marshall Williamson Subdivision (Habitat for Humanity) REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING, FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE MARSHALL WILLIAMSON SUBDIVISION (HABITAT FOR HUMANITY); THE PROPERTY BEING LOCATED WITHIN THE RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. REQUEST Habitat for Humanity has submitted plans for five single - family homes on the former Marshall Williamson property. The plans for the five homes have been approved by the 'ERPB at its recent meeting At this time, Habitat is requesting final City approval of the underlying plat for the Marshall Williamson property single- family development. The final plat will enable the development of the previously approved five homes to go forward. RECOMMENDATION APPROVAL of the Final Plat. Attachments: Draft Resolution Letter of request Tentative Plat SAY /RGL K: \Comm Items\2003 \05 -06 -03 \Habitat Plat - 'report.doc - ;� -�..° - -: -. �.����.��, � �;��, ,s.� ,..,.� P_ .:; ice. �•,. , .�, -� � ,�M�a� ,,.---- ,�,A��.,_: � �,.:�., ..- ,.,r„; �,..:�,�, 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT 7 APPROVAL OF UNDERLYING PLAT FOR THE MARSHALL 8 WILLIAMSON SUBDIVISION (HABITAT FOR HUMANITY); 9 THE PROPERTY BEING LOCATED WITHIN THE RS-4 SINGLE 10 FAMILY RESIDENTIAL ZONING DISTRICT. 11 12 13 WHEREAS, Habitat for Humanity staff has requested final City of South Miami 14 approval of the underlying plat for the Marshall Williamson property; and 15 16 WHEREAS, the Final Plat submitted, entitled "Marshall Williamson Subdivision" 17 conforms to the development regulations specified for the RS-4 single-family residential 18 zoning district of the City of South Miami Land Development Code; 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 the final plat entitled "Marshall Williamson Subdivision" is hereby 24 approved. 25 26 Section 2: This resolution shall be effective immediately after the adoption hereof. 27 28 PASSED AND ADOPTED this day of 2003. 29 30 ATTEST: APPROVED: 31 32 33 34 CITY CLERK MAYOR 35 36 37 38 READ AND APPROVED AS TO FORM: Commission Vote: 39 Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Bethel: 42 Commissioner McCrea: 43 Commissioner Wiscombe: 44 CITY ATTORNEY 1 • HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need May 21, 2003 Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Lorber, Enclosed is our submittal of the Marshall Williamson final plat information as required for final approval from the City of South Miami Board of Commissions. Thank you for all your help with this matter. I will await your confirmation of our Hearing date and time. Sincerely, Anne E. Manning Director Habitat For Humanity of Greater- Miami / P.O. Box 560994 / Miami, FL 33256 - 0994/ Tel 305- 670' - 2224 / Fax 305- 670 -2273 Ilk Rol- PRO 4 m F � P1 as NIP a6 x�� Ug ��� g @fix o ly0loah 1; aa a s a n, to W g W € 10 "J5 GjA $ jig yq was y will § `�' gg k R' F &a � �� 0o R A" TOM all, Q� a1E y W l es 11 w mn4 g� 0 a € � a� U 1 , I ! m ~onto � x N 11H$N�ggai #m ��IR h Fy 00 oil O STU sa oz F q N➢6 (P 6.115 PAdlf - - -- x _ Eq � 0.� q. j 'UNIYfR51rV WB9PMS SUB�VI51pN FF pN ➢R➢ =x0352 Np5 3W11'V ua e $ po�� v I� m. gOtho % ➢!— ps °s9 °.� -� �g...a I ��- � �' �����8. 9a oel �w Z R:�� as 3x4 co opx _yac 1p8�g. MAN < �" sr N➢If9S Y /las R A1335J Y /IMx Y /1M•x ']fin lm noa 84 A6141 � � I ��. 41 - ��w s''00�7 ���y. _____� 6013 R2250•_��"• \Q:.°� I_3i Q � °g�,.��w �v�3�� 'A 22 R 2025➢ ➢•0154'33' Yi �5 a�3�ffi'a Mai it Pat ,O 4 �m �- iy I Il;, oz l _ ____ l� �w �33t-o y4 a Li � U �gYS�u3 O�� m Op'SB Mi4,i0905 �' ,SZ I j � O I� s� G i ° WY � aae:°e "�< yaks o�yo o a "� m - ZSOx•xofs7�4%z{ -- 'S t w o_ _ ' i m I h V Ws13,i44onoo �- ao oRl M z4 a➢.po " O r4 - k-9U --------------- ----- � --- Fy y4 � unu x x--- __ .i, urm ____- _�� ___ .. '" �3 w!9 as '^ • µ O W �i (LY'Od f9l Bd) >ON NO9UIpBOS rN.7' 37. IyFL y I I Nvi F R`� ` Y S 9E N IL338 p4 -YS -9Z N911338g AY PYL9 MS Y! �/�— ,tl31N33 f /I'3'S iNlt 153M � LE.�A. 2 3 i i MAYOR: Horace G. Felix CITY MANAGER: Sanford Youkilis (Acting) VICE MAYOR Mary Scott Russell CITY ATTORNEY Earl G. Gallop COMMISSIONER: David D. Bethel CITY CLERK: Ronetta Taylor, CMC COMMISSIONER: Randy G. Wiscombe COMMISSIONER: Dan:McCrea WORKSHOP AGENDA City Commission Workshop Meeting date: may 13, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: May 20, 2003 Phone: (305`) 663- 6340; Time: 5:00 PM City of 'South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative, capaciay before the City Staff, Boards, Committees and the "City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. 1.. Discussion on Multipurpose Center 2. Adjournment PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE 'PUBLIC THAT 'IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A- VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON: WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT 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. SPECIAL CITY COMMISSION 1 WORKSHOP February 12, 2003 South Miami so r City Of South Miami F;1 o r i d a Parks & Recreation Department 6130 Sunset Drive t. South Miami Florida 33143 'F "R7EF (305) 663 -6319 I i f 2001 City of South Miami Multipurpose Center Workshop Tuesday May 13th, 2003 at 5:00 P. South Miami Commission Chambers 1. Introduction: Ana Garcia PPRP, Parks & Recreation Director • Name /Identity • Grand Opening • Furniture / Equipment • Fitness Center • Fees and memberships H. Information: Joe Abel PPRP, City of Coral Gables Parks & Recreation Director.Former President of the Florida Recreation & Parks Association. "Opening a new community recreation center." M. Building Report: Subrata Basu, AIA, Project Manager. IV. Budget Considerations: Flakeem Oshikoya, CPA, Finance Director. V. Mayor & Commission: Remarks, questions, suggestions, etc. VI. Public Remarks A 4 k� L 0 More than 15 million children are home alone without adult supervision after school' Juvenile crime triples between the hours of 3 and 6 p.m.' 71% of families say they have difficulty finding after school programs' Students in after school programs show better achievement in math, reading, and other subjects' . g JCPenney funding helps agencies provide: pi Programs which help children to reach their full learning potential Homework and tutoring programs with a focus on teens fulfilling their potential Additional staff to accommodate more children in after school programs Transportation to provide more children an opportunity to enroll in after school programs JCPenney Stores,/Units have wade available- 0 An Afterschool Coach who is available to answer your questions An Afterschool Community Zone to promote your local after school programs JCPenney associate volunteers committed to assisting their local after school programs To locate the after, school programs in your community for your family needs, call 2- 888. 333 -YMCA 1- 800 - 854 -CLUB 1-800-USA-LEARN or visit us at www.jcpenney.net/company/afterschool/ JCPenney is comatied to'hel'ping our customers, their families; and their communities by pledging to support after school programs provided by' afterSCi100l, ' powering their potential 'The National Study of Before- and After-School Programs Seppanen, et al., 7 yy 1993. ' After - School Crime or After-School Programs Tuning in the Prime I30YS &t GIRLS CLUBS ��kZn$c' A00l 1kW[A14Le, Time for violent Juvenile Crime and Implications for National Policy, Fight Y1V1 OFAMERICCC ►► l Crime: Invest) in Kids, Jill 3 June 2000 eb Public Poll commissioned by Afterschool Alliance..' JiII Posner and Deborah Lowe Vandell, 'Low- Income Children's After - School Care: Are There Beneficial Effects of After School Programs ?' Child Development, 1994.1993.' 7 71 �� S tX ✓'1 �bg� � i d21 k a 4A k x � b Nfx 5 k xF S 5 � k 0 More than 15 million children are home alone without adult supervision after school' Juvenile crime triples between the hours of 3 and 6 p.m.' 71% of families say they have difficulty finding after school programs' Students in after school programs show better achievement in math, reading, and other subjects' . g JCPenney funding helps agencies provide: pi Programs which help children to reach their full learning potential Homework and tutoring programs with a focus on teens fulfilling their potential Additional staff to accommodate more children in after school programs Transportation to provide more children an opportunity to enroll in after school programs JCPenney Stores,/Units have wade available- 0 An Afterschool Coach who is available to answer your questions An Afterschool Community Zone to promote your local after school programs JCPenney associate volunteers committed to assisting their local after school programs To locate the after, school programs in your community for your family needs, call 2- 888. 333 -YMCA 1- 800 - 854 -CLUB 1-800-USA-LEARN or visit us at www.jcpenney.net/company/afterschool/ JCPenney is comatied to'hel'ping our customers, their families; and their communities by pledging to support after school programs provided by' afterSCi100l, ' powering their potential 'The National Study of Before- and After-School Programs Seppanen, et al., 7 yy 1993. ' After - School Crime or After-School Programs Tuning in the Prime I30YS &t GIRLS CLUBS ��kZn$c' A00l 1kW[A14Le, Time for violent Juvenile Crime and Implications for National Policy, Fight Y1V1 OFAMERICCC ►► l Crime: Invest) in Kids, Jill 3 June 2000 eb Public Poll commissioned by Afterschool Alliance..' JiII Posner and Deborah Lowe Vandell, 'Low- Income Children's After - School Care: Are There Beneficial Effects of After School Programs ?' Child Development, 1994.1993.' 7 71 r South Miami ' QY of South Miami F l o r i d a ° Parks & Recreation Department 6130 Sunset Drive South Miami, Florida 33143 ,BSc: RPORATED . , (305) 663 -6319 2001 Introduction: Multipurpose Center Community Center, Recreation; Center What do we call it? Grand opening: Saturday June 14th, 2003 at 11:00 A.M. Discuss invitations, media; protocol, etc. Involve Jennifer McCoy, Communications and Maria Stout Tate, Special Events Coordinator. Receive direction from City Manager, Mayor, and Commission. Daisy Harrell, James McCants, Dick Ward, and Levy Kelley Community Outreach. Furniture and Equipment (All furniture will be in place.) Give examples of quotes to purchase equipment for Wellness Center. Give examples of employee payroll deduction and resident cost. Do we contract out? If we do, we must reach mutual agreement with vendor regarding fees. We have received three quotes for Fitness Equipment a combination of cardiovascular and strengths. (Upper and lower body). Quote - $77,140.99 Quote 2'!- $59,756.73 Quote 3,- $43,090.00 We are aggressively seeking sponsorship for the Wellness Center. Quote #2 will provide us with state of the art equipment and a warranty and maintenance program that would be advantageous for us. If City was to purchase equipment we could recover the money through membership sales, and business agreements with Fitness Trainers. Example — Fitness Trainers at the Zone pay the Zone $300.00 per month and trainers also have their own insurance. If we were to bid out Fitness Center we could get better proposal if equipment were purchased by City. Proposed Fitness Fees (example) Employee payroll deductions $3.00 per pay period x26 pay periods = $78.00 per year Example 1100 employees x $78.00 = $7,800 per year Residents would also pay $78.00 per year or $6.50 per month. *These are examples and subject to change. City 10f Coral Gables resident and employee rate is $84.00 per year. Individuals and families that are gym members receive 25% off when they register for other programs. (i.e. Summer Camp, Leagues, etc.)' *Members would have to pay separate fees for Summer Camp, Football /Cheerleading, Track, etc. Members would receive discount a % on other programs. Multipurpose room rental (parties, special events, meetings, etc.) $150.00 - $175.00 or hourly rate with $1001.00 or $200.00 refundable deposit. After School Program fee /,youth membership? $6.00 per month or $72.00 per year. South Miami City of South Miami F i o r i d a Parks & Recreation Department 6130 Sunset Drive South Miami, Florida 33143 "'^hE j" "PO (305) 663 -6319 �s 2001 Multipurpose Center Phase II Lobby — control desk Must have person during hours of operations check in / security/ reception, etc. 1 st Floor Activity Room / Recreation Room Board Games / TV Room movies, Ping Pong, etc. possibly area for younger kids Arts & Crafts Room Art, etc. Classes for youth and adults / ceramics, etc. Multipurpose Room Stage can be used for Drama /Community Meetings can be rented for Baby Showers — small gatherings, special classes such as Karate, Aerobics, etc. Gymnasium Regulation High School capacity for 500 people. 2 full courts, 4 half courts, volleyball, indoor soccer, gym can be rented out for revenue (tournaments, leagues, exhibition games, dances, etc.) gym has storage area and small office space. Restrooms Changing rooms for Men / Women 2nd_Floor Computer Room Can be used for the After School Program, adult classes, and Outreach Programs. Morning classes can also be scheduled. Recreation Office One large room with office space for designated park staff, and meeting room. 7,11 Education Room Can be used for the After School Program, °Adult classes, and Outreach Programs. Morning classes and senior programs can be scheduled. Wellness Center Fitness Center with storage and fitness office Small Office Designated office for Fitness Manager. 7 r.�^-- --" -�:: -- 7..,�z 3 a-'^ ,"':�n*"R;; ;"'S -�a .,;. ,-.7 . `a3'�I r. s.3— aF,'°°•'', ,z.�;sS�'...s -s;,, ,i,."a'� ,.i�"^q „'s -,, %h7c..s .:?�"g; A 44 A lP W W 'W W W co co W. Ca W N N N "I"I N N N N N- s -� -� "" �. CU Cb -4 O Cn Cp X10 C37AW NCOCDW -40Cn A. 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'*1 a 0 0 a p c'ro o p c� a a soul, South Miami All- America City • " INCORPORATED 1927 t0RIAP 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Dater May 20, 2063 City Commission Re: Item No. From: Sanford A. Youkilis Creation of Parking Committee Acting City Manager REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2- 26.10 ENTITLED "PARKING COMMITTEE," IN ORDER TO CREATE A PARKING COMMITTEE FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; " PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City's Land Development Code currently contains a provision for a Hometown District Parking Committee. However, in recent discussions, the City Commission has directed that the committee be broadened and expanded to include the entire city. In order to achieve this aim, the City Code must be amended to include create a new Parking Committee; the Land Development Code will then be amended to remove references to the old committee. RECOMMENDATION APPROVAL of the Ordinance upon first reading. Attachments: Draft Ordinance SAY/R(SLL KAComm Items\2003\05 -20 -03 \Parking Committee REPORT.doc vm I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 6 SOUTH MIAMI CITY CODE, CREATING SECTION 2 -26.10 ENTITLED 7 "PARKING COMMITTEE," IN ORDER TO CREATE A PARKING 8 COMMITTEE FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 10 PROVIDING AN EFFECTIVE DATE'. ll 12 13 WHEREAS, the City's Land Development Code currently contains a provision for a 14 Hometown District Parking Committee; and 15 16 WHEREAS,' the City Commission desires that said committee be broadened and expanded 17 to include the entire city; and 18 19 WHEREAS, in order to achieve this aim, the City Code must be amended to include 20 reference to the Parking Committee; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 23 COMMISSION, OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. That Section 2 -26.10 entitled "Parking Committee," of the City Code, is hereby 26 created to read as follows: 27 28 See. 2- 26.10. Parking Committee: 29 30 (a) Created There is hereby created a parking committee for the city. Said committee shall 31 consist of seven (7) private citizens The seven (7) private citizens shall include two (2) 32 commercial landowners two (2) business owners and/or merchants and three (3) residents of 33 South Miami. 34 35 (b) Appointment and terms of members Members of said committee shall be appointed by the 36 mayor with the advice and consent of the city commission to two (2) year terms or until their 37 successor is appointed. 38 39 (c) Chair, vice -chair, and staff The mayor shall appoint the chair and vice -chair of the 40 committee The Director of Building_ Zoning and Community Development shall serve as the 41 executive secretary to this committee: 42 43 (d)Quorum A quorum shall be five (5) members and an affirmative vote of a maiority of the 44 members present shall be required to pass upon any matter the committee recommends. 45 46 (e) Duties. Parking in South'Miami must`be developed and rnanaed both as an element of Page 1 of 3 .. 74 �.... .� I infrastructure critical to enhancing South Miami's tax base through economic success of the 2 City, and as an important amenity enhancing and protecting the Quality of life within South 3 Miami. To that end the duties of the board shall be as follows: 4 5 (1) Meet at least once every three months. 6 7 (2) To provide oversight of the suipply, convenience safety, and management of parking. 8 9 (3) The committee shall report to the city commission no less than annually on the state of 10 T parking in South Miami and shall from time to time make recommendations to the city 11 commission for changes in the parking, system for the fees paid into the Parkin 12 Infrastructure Trust Fund and for the allocation of trust fund monies. 13 14 (f) Previous Ordinance This ordinance shall supersede and replace Section 20- 7.6(A) of the 15 Land Development Code, "Hometown District Parking Committee." The former Hometown 16 District Parking Committee is hereby replaced by the Parking Committee created by this 17 Ordinance. 18 19 20 21 22 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 23 ordinance are hereby repealed. 24 25 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason 26 held invalid or unconstitutional by a'court of competent jurisdiction, this holding shall not affect 27 the validity of the remaining portions of this ordinance. 28 29 Section "4. This ordinance shall be codified and included in the Code of Ordinances. 30 31 Section 5. This ordinance shall take effect immediately at the time of its passage. 32 33 34 PASSED AND ADOPTED this day of 2003 35 36 ATTEST: APPROVED: 37 38 39 40 CITY CLERK MAYOR 41 42 43 l st Reading - 44 2" a Reading- 45 46 Page '2 of 3 � ; „��; ,sc,., s—.� m.- a�,-:i a', _ �,.r`�'^� t.�s"�.?, t ?'^°- sw'S?`:�.�w . ,°,-�°� - -?�a a �...; gin.; , �sf.� .. , _:^ems „�+^, z,�. Tf"°- ,^r.�sv":7�'r” ;�-•�n 'Y' �:;5�"' "i' ,. r�§ ,?+ ks?v'�, �. _ 1 COMMISSION VOTE: 2 READ AND APPROVED AS TO FORM Mayor Feliu: 3 Vice Mayor Russell: 4 _ Commissioner Bethel: 5 Commissioner McCrea: b Commissioner Wiscombe: 7 CITY ATTORNEY 8 9 NOTE: New wording in bold, underlined; wording to be removed indicated by s4ike thfo g Page 3 of 3 4 sou U NCORPORATED � 1927 L0 � Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: May 20, 2003 and City Commission From: Sanford A. Youkilis Re: Agenda Item Acting City Manage Amending Ord. No. 8 -99 -1682 Extending parking modifications REQUEST AN ORDINANCE OF THE MAYOR AND <CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT :`ALLOW" FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE (12) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS In May 1999, the City Commission adopted Ordinance No. 8 -99 -1682, which modified and suspended certain provisions of the Land Development Code dealing with reductions in off - street parking requirements. The ordinance was adopted in response to concerns about the impact of the Shops of Sunset Place on parking in the downtown area.- It was felt that certain provisions, e.g., reduced parking near Metrorail and reduced parking based upon joint uses, should be suspended` for a period of nine months. In addition, the ordinance modified the parking reductions allowed in the Hometown District so that during the same nine -month period only the City Commission could approve parking reductions for large' projects. At the expiration of the original nine -month period, the City Commission adopted Ordinance No. 11 -00 -1713 extending the period for an additional nine months. Several subsequent extensions were adopted by the City Commission Extending parking modifications Commission Meeting: May 20, 2003 Page 2 of 2 The purpose of the original nine -month period was to allow time for staff and citizens to reevaluate the City's parking regulations and to make necessary changes. This evaluation is not complete. The City's Zoning Task Force is in the process of reviewing the Land Development Code including the Hometown District and the Off - Street Parking section.' It would be appropriate to allow one more additional period of twelve months (Ma 2y 004) to complete the review and for considering possible amendments. The attached ordinance amends the original May 1999 ordinance by extending the modifications and suspensions for a period of sixty (60) months. RECOMMENDATION It is recommended that the proposed ordinance be adopted on first reading. Attachments: Proposed ordinance LDC SECTIONS SUBJECT TO MORATORIUM SAY /RGL/ DAComm Items\ 2001\ 1 -9 -01 \Extending Parking Moratorium Comm.Memo.doc r.,+, 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH - 6 MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY 7 REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION 8 OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN 9 ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE (12) MONTHS THE 10 MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 11 20- 4.4(G) AND SECTION- 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES IN 12 CONFLICT AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H) and 20- 7.6(B) of the South Miami Land Development 16 Code all allow for a reduction in required off street sparking; and 17 18 WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has highlighted the 19 need to reevaluate parking regulations contained within the South Miami Land Development Code; and 20 21 WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance. No. 8 -99 -1682, 22 modifying and suspending the Land Development Code sections referred to above for a period of nine 23 months ;and 24 25 WHEREAS, the City Commission at several subsequent meetings, adopted ordinances extending for 26 additional periods the modifications and suspensions of the Land Development Code sections referred to 27 above; and 28 29 WHEREAS, the purpose of the modifications and the suspensions was to afford staff and citizens an 30 adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and 31 32 WHEREAS, the necessary evaluation and studies are not sufficiently completed to determine what 33 , amendments are needed; and 34 35 WHEREAS the City Commission appointed Zoning Task Force is in the process of reviewing the 36 Land Development Code including the Hometown District and the Off - Street parking regulations; and 37 38 WHEREAS, it is appropriate to provide an additional twelve (I2) months to evaluate and review the 39 provisions of the, Land Development Code which allow for parking reductions; and 40 41 WHEREAS, the City Commission desires to enact the aforesaid ordinance. 42 43' NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION, OF 44 THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 Section 1. That Section 1 of Ordinance No. 8 -99- 1682, adopted by the City of South Miami City 47 Commission on May 4, 1999 is hereby amended to read as follows: 48 49 Section 1: The automatic parking adjustments allowed pursuantto Section 20- 6(B) of the South 50 Miami Land Development, entitled "Required Parking," are hereby modified for a period of 51 IQP� six 60 months for the purpose of reviewing the effects and appropriateness of the 52 adjustment provisions on the future developments, as follows: 53 r= I Section 2 That Section 2 of Ordinance 8- 99- 1682, adopted by the City of South Miami City 2 Commission on May 4, 1999 is hereby amended to read as follows: 3 4 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via Special 5 Parking Permit, " -is hereby suspended for a period of sixV 60 months for the 6 purpose of evaluating the effects and appropriateness of this provision on future developments. 7 8 Section 3 That Section 3 of Ordinance 8 -99 -1682, adopted by the City of South Miami City 9 Commission on May 4, 1999 is hereby amended to read as follows 10 11 Section 3: Section 20- 4.4(G) „entitled "Joint Use Spaces via Special Parking Permit,” is 12 hereby suspended for developments within the boundaries of the Hometown District for a period 13 of � six 60 months for the purpose of evaluating the effects and appropriateness 14 of this provision on future developments within the Hometown District. 15 16 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid 17 Or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 18 Remaining portions of this ordinance. 19 20 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 21 hereby repealed. 22 23 Section 6" This ordinance shall be effective immediately after the adoption hereof. 24 25 26 PASSED AND ADOPTED this day of , 2003 27 28 ATTEST: APPROVED: 29 30 31 CITY CLERK MAYOR 32 33 15' Reading- 34 2 °d Reading - 35 36 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Feliu 39 CITY ATTORNEY Commissioner Bethel:' 40 Commissioner McCrea: 41 Commissioner Wiscombe 42 43 44 Note: New wording underlined; wording to be removed indicated by stfi; through-. 45 46 47 48 49 50 KAComm Items\2003 \05- 20- 03\Extending Parking Moratorium Ordinance.doc LDC SECTIONS SUBJECT TO MORATORIUM SECTION 20 -7.6 Parking.(Hometown) NOTE; New wording underlined: (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: (1) On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than eleven (11) feet shall count as a full space. (2) Where arcades are optional, buildings with arcades shall receive an additional five (5) percent reduction in the required number' of spaces. (3) In addition to the above, one of the following may apply: (a) Two -story buildings shall receive a fifteen (15) percent reduction in the required number of spaces. (b) Buildings of two (2) or more stories with uses from two (2) of the three (3) use categories provided herein under "Permitted Uses," each use constituting no less than thirty (30) percent of the gross floor area, shall receive a thirty (30) percent reduction in the required number of spaces. (c) Buildings of three (3) or more stories with uses from each of the three use categories provided herein, each use constituting no less than twenty -five (25) percent gross floor area, shall receive a forty -five (45) percent reduction in the required number of spaces. 4. For new buildings greater than 258 000 sdft changes of use and additions rg eater than 10,000 square feet the allowable parking adjustments identified in subparagraphs (2) and (3) above shall require the affirmative vote of four (4) members of the City Commission and follow those procedures established for special use permits as set forth in Section 20 -5.8(B ) through (F), and shall follow those procedures for public hearings set forth in Section 20 -5.1 through 20 -5.6. 5. For new buildings not exceeding 258 000 sgft changes of use and additions not exceeding 10,000 square feet the allowable parking adjustments identified in subparagraphs (2 ) and (3) above shall continue to be as provided. SECTION 20- 4.4(G) (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to share the same required off - street parking spaces in a common parking facility, according to the following table: ' Uses Weekdays Weekends 6 a.m. through 6 p.m. 6 p.m. through 6 a.m. 6 a.m. through 6 p.m. 6 p.m. through 12 a.m. 12 a.m. through 6 a.m. Office or Bank 100 % 5% =10 % 5% 5 % Retail 60% 0 20% 0 60% 60% 5% Hotel 50 % 60% 60% 0 100% 75% o Restaurant 50% 0 75% 0 75% 90% 10% Theater 10% 0 70% 0 60 % 90% 0 10% o Nightclub 5 % 50% 5% 1000/0 90 % 6 a.m. through 6 p.m. 6'p.m. through 6 a.m. 6 a.m. through 6 p.m. 6 p.m. through 12 a.m. 12 a.m. through 6 a.m. Apartment or Townhouse 10% 0 100% 75% 100% 0 100% Other Uses 100% 100% 100% 0 100% 100% o Method of Calculation: Step 1. For each of the five (5) time periods, multiply the minimum number of parking spaces required by Section 20- 4.4(B), Space Requirements. Step. 2. Add the results of each column. The required number of parking spaces shall equal the highest column total. SECTION 20 -4.4 (H) (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the city commission may reduce the number of required off - street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities, as provided for under Section 20- 4.4(J). o� so u r South Miami �- All ca City ca • INCORPORATED • 1927 Q" tpRt� 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor Date: May 20, 2003 and City Commission From: Sanford A. Youkilis Re: Agenda Item Acting City Manager LDC Amendment Off Site Parking Requirements ITEM: PB 03 -005 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 -4.4 ENTITLED "OFF- STREET : PARKING REQUIREMENTS," IN ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS OR LONG -TERM LEASES; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Section 20.4.4 of the City's Land Development Code currently contains regulations addressing "Off- Street Parking Requirements, and permits spaces located off site to be counted towards required parking where certain conditions are met. Within South Miami this has most often taken the form of a business owner contracting with another nearby property .owner to lease parking spaces in order to meet zoning required parking requirements. For example, a new restaurant in downtown South Miami might contract with the First National Bank of South Miami to utilize some of their excess parking in a nearby parking lot, in order' to provide the required parking for the restaurant. This has been the case in for a small number of restaurants downtown. The LDC regulation addressing such off -site parking arrangements specifies that there must be a covenant, in form and substance satisfactory to the City Attorney and City Commission. However, no property owner in South Miami has ever been willing to sign over a portion of land in what is technically known as a covenant on the land. Rather, they have accommodated' the request for parking by enacting a long -term lease with the applicant. Leases of this nature have been for a period of from two (2) to ten (10) years, with the Planning Department encouraging the longest -term leases possible. Of course, if any of these leases lapse, the applicant would be required to replace the parking spaces with spaces on another location, or face the removal of their occupational license for part or all of their premises. Proof of off -site parking is required each year at the renewal of the occupational license. LDC Amendment Off -Site Parking May 20, 2003 Page 2 of 2 Recently, as a result of an off -site parking arrangement proposed by an owner of an office building, a nearby resident raised questions and sought to challenge the City's application of the off -site parking 'regulations. At the advice of the - City Attorney, the attached proposed ordinance was drafted, in order to clarify that the provisions of the regulations may be utilized by either a covenant, easement, or long -term lease. This will codify the City's existing practice, and clarify that a long -term lease, of form and substance acceptable to the City Attorney, may be exercised to take account of this provision. RECOMMENDATION APPROVAL of the Ordinance upon first reading. Attachments: Draft Ordinance Planning Board minutes RGL K: \Comm Items\ 2003\ 05- 20- 03\LDC Amend off site parking Report.doc ., �.-:-' �',`' �", te' ?� x-.c- ',a�T,.'.„_'�","�.6;����3_ 7`°'s?� - �^rzT.°.•'",^R"iui"s' T v ..r �"� >` r"*, +a.:..`i >7,v,-.�,,— s"�T a � �.,�dx*a" > Fi yw *.r }w �u I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 6 SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 7 20 -4.4 - ENTITLED "OFF- STREET PARKING REQUIREMENTS," IN 8 ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA 9 FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS 10 OR LONG -TERM LEASES; PROVIDING FOR SEVERABILITY; I l PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City's Land Development Code currently has regulations addressing "Off 16 Street Parking Requirements," and permits spaces located off site to be counted towards required 17 parking where certain conditions are met; and, 18 19 WHEREAS, the section of the Land Development Code addressing such off: -site parking 20 arrangements specifies that a covenant in form and substance satisfactory to the City Attorney 21 and City Commission, and, 22 23 WHEREAS, the City Commission desires that the regulation be clarified to ensure that this 24 provision may be utilized through a covenant, an easement, or a long -term lease; and 25 26 WHEREAS, a public hearing regarding the proposed amendment was held by the Planning 27 Board April 29 2003, at which time the Planning Board voted 7 -0 to recommend approval of the 28 proposed; amendment to the City Commission; and 29 30 WHEREAS, the City Commission desires to accept the recommendations of the Planning 31 Board and enact the aforesaid amendment. 32 33 NOW, THEREFORE,. BE IT ORDAINED BY THE MAYOR AND THE CITY' 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. That Section 20 -4.4 entitled "Off- Street Parking Requirements," of the City's 37 Land Development Code, is hereby amended to read as follows: 38 39 40 (F) Location and Ownership of Spaces. 41 42 , 43 44 (2) Spaces located off -site. 45 46 x Page I of 2 1 2 (c) Off- -site parking spaces shall be on land either held in common ownership with the lot 3 on which the principal use will exist under a unity of title insuring that the required parking will 4 - be provided, or as a condition of the issuance of the building permit for the principal use, the 5 owner of the off -site parking shall record a covenant, easement, or long- term lease, in form and 6' substance' satisfactory to the city attorney and city ^^mmnissi^„ providing record notice of the 7 commitment of that land to parking purposes for the principal use. If at any time such off -site 8 parking ceases to be under the same ownership or control as the principal use or ceases_ to be 9 used for parking for the principal use, the certificate of use and occupancy for the principal use 10 shall be subject to revocation by the city manager, after notice and hearing. 11 12 13 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 14 ordinance' are hereby repealed. 15 16 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason 17 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 18 the validity of the remaining portions of this ordinance. 19 20 Section 4. This ordinance shall be codified and included in the Code of Ordinances. 21 22 Section 5. This ordinance shall take effect immediately at the time of its passage. 23 24 25 PASSED AND ADOPTED this day of , 2003 26 27 ATTEST: APPROVED: 28 29 30 3 <1 CITY CLERK MAYOR' 32 33 34 1 St Reading- 35 2nd Reading- 36 37 COMMISSION VOTE: 38 READ AND APPROVED AS TO FORM: Mayor Feliu: 39 Vice Mayor Russell: 40 Commissioner Bethel: 41 Commissioner McCrea: 42 Commissioner Wiscombe: 43 CITY ATTORNEY 44 45 NOTE: New wording in bold, underlined; wording to be removed indicated by Page 2 of 2 .k CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes - Tuesday, April 29, 2003 (C) PB -03 -005 Applicant: City of South Miami 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 -4.4 ENTITLED "OFF- STREET PARKING REQUIREMENTS," IN ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS OR LONG -TERM LEASES; PROVIDING FOR SEVERABILITY; PROVIDING - FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Speakers: Sharon McCain Action: Mr. Lorber explained the reasons for the proposed amendment: The LDC regulation addressing such off site parking arrangements specifies that there must be a covenant, in form and substance satisfactory to the City Attorney and City Commission. However, no property owner in South Miami has ever been willing to sign over a portion of land in what is technically known as a covenant on the land. Rather, they have accommodated the request for parking by enacting a long -term lease with the applicant. Leases of this nature have been for a period of from two (2) to ten (10) years; with the Planning Department encouraging the longest -term leases possible. 'Of course, if any of these leases lapse, the applicant would be required to replace the parking spaces with spaces on another location, or face the removal of their occupational license for part or all of their premises. Proof of off- -site parking is required e:achl year at the renewal of the occupational' license. Recently, as a result of an off-site parking arrangement proposed by an owner of an office building, a nearby resident raised questions and sought to challenge the City's application of the off -site parking regulations. At the advice of the City Attorney, the attached proposed ordinance was drafted, in order to clarify that the provisions of the regulations may be utilized by either a covenant, easement, or long -term lease. This will codify the City's existing practice, and clarify that a long -term lease, of form and substance acceptable to the City Attorney, may be exercised to take account of this provision, The Board and staff discussed the proposed amendment. The length of the lease term was discussed. Staff noted that the language of "long- term" already suggests longer than one year leases, therefore staff finds it is not necessary to amend the language on that respect. Also, staff clarified that from a legal standpoint the leases do not expose the City to any liability since the lease establishes criteria for purposes of complying and the applicant is choosing, out of his free will, to comply with that lease. Motion: Ms. Yates moved to approve the proposed amendment as written. Mr. Liddy seconded the motion. Vote: Ayes 7 Nays 0 2. City, Manager's Report a) Special Appropriation Projects - Special Needs grant award of $130,100. b) Eleven p.m. Rule (Commissioner McCrea) c) Proposed schedule for Request for Proposals to operate a Comprehensive Parking Program in South Miami. d) Review of County Ordinance and proposed Interlocal Agreement for Snapper Creek Annexation Area. e) Scheduling third Budget workshop for 6:00 p.m., June 4 2003 to receive Budget & Finance Committee's recommendation for FY 2003 -04 Budget. 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, APPROVING THE CONTRACT WITH THE MIAMI -DADE COUNTY COMMUNITY ACTION AGENCY FOR MEALS FOR `THE `ELDERLY PROGRAM;' AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) S. A RESOLUTION OF THE MAYOR AND CITY- COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE ACCESS EASEMENT AGREEMENT BETWEEN THE CITY: OF SOUTH MIAMI AND FLORIDA POWER AND LIGHT COMPANY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND 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 A SHORT TERM EXTENSION UNTIL JUNE 20031 OF THE CITY OF SOUTH- MIAMI AND NUI UTILITIES, INC'S FRANCHISE AGREEMENT, AT 7 PERCENT, AMENDING RESOLUTION NO. 65 -03 -11614 TO EXTEND THE SHORT TERM ?LEASE UNTIL JUNE 10, 2003 OR UNTIL A NEW - LONG TERM AGREEMENT IS NEGOTIATED AND EXECUTED IN JUNE, 2003; PROVIDING AN EFFECTIVE DATE (City Attorney) 3/5 REGULAR CITY COMMISSION 2 AGENDA - May 20, 2003 , 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, AUTHORIZING THE CITY MANAGER TO APPROVE` A SPECIAL EVENT PROVIDED BY TEAM FOOTWORKS 5 K RUN /WALK FOR A RAGE THAT WOULD BE HELD ON SATURDAY, JUNE 7, 2003, LOCATED ALONG SW 58 AVENUE AND CLOSING THE STREETS' BETWEEN SW 74 TI STREET AND SW 73RD STREET; PROVIDING AN EFFECTIVE DATE.3 /5 (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 8. 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, INCREASING QUORUM FROM THREE TO FIVE, AND REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE ARCHITECTURE PROFESSION; PROVIDING FOR AN EFFECTIVE DATE. (lot Reading 5/6/03) 3/5 (Mayor Feliu) 9. 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 SEVERAB!ILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (lot Reading 5/6/03) 3/5 (City Manager) 10. 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. (lot Reading 5/6/03) 3/5 (City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 11. 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- 4.4 ENTITLED "OFF'- STREET PARKING REQUIREMENTS," IN ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA REGULAR CITY COMMISSIONr 3 AGENDA - May 20, 2003 ........,Y`, -,r.. Y.. FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS OR LONG -TERM LEASES ; - PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (9 12. A RESOLUTION OF THE MAYOR &'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE FRONTAGE OF A BUILDING SITE TO BE 66.67 FEET,: WHERE A` MINIMUM -OF 75 FEET IS REQUIRED, AND TO ALLOW THE NET AREA OF A`BUILDING SITE TO BE 9,316 SQUARE FEET, WHERE 10,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RS -3" SINGLE'- FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7230-7240 63' COURT, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 7,' 8,- 9, AND 10 BLOCK 2, "SUNSET VILLAS" PLAT BOOK 15, PAGE 42; (THE GRANTING OF THE VARIANCE' WOULD ALLOW FOR THE CONSTRUCTION OF THREE SINGLE- FAMILY RESIDENTIAL DWELLINGS); AND PROVIDING FOR AN'EFFECTIVE DATE. 4/,5 (City Manager) RESOLUTION (S) 13. A RESOLUTION OF THE MAYOR AND CITY: COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO FILL RECENTLY VACATED POSITION, RECREATION LEADER, AND CONVERT INTO TWO PART TIME POSITIONS, NOTHWITHSTANDING THE CURRENT HIRING FREEZE; PROVIDING AN EFFECTIVE DATE. (City Manager) 3/5 14. A "RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ACTION OF THE BOARD OF 'TRUSTEES FOR THE CITY OF SOUTH 'MIAMI PENSION PLAN AND THE CITY OF SOUTH MIAMI POLICE OFFFICERS' RETIREMENT PLAN, CONTRACTING WITH TRUSCO CAPITAL MANAGEMENT > TO PROVIDE INVESTMENT MANAGEMENT SERVICES TO THE BOARD; PROVIDING FOR AN 'EFFECTIVE DATE (deferred from April 22, 2003) , 3/5 (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SELECTION OF CITY MANAGER AUTHORIZING THE ACTING CITY MANAGER TO USE REGULAR CITY COMMISSION 4 AGENDA - May 20, 2003 UP TO $10,000 FROM THE CASH RESERVE FOR ALL EXPENSES RELATING TO HIRING OF A NEW CITY MANAGER; PROVIDING AN EFFECTIVE DATE. 16. A - RESOLUTION OF THE MAYOR AND CITY, COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMPLOYMENT; AUTHORIZING PAYMENT OF BACK PAY AND WAGES TO A REINSTATED EMPLOYEE IN THE AMOUNT OF $3,9,443.05 FROM THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE 4/5 (City Manager) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ACTION OF HE BOARDS OF TRUSTEES FOR THE CITY OF SOUTH MIAMI PENSION PLAN AND THE CITY'- OF SOUTH MIAMI:, POLICE' OFFICERS' RETIREMENT PLAN, CONTRACTING WITH BENEFITS USA, INC. TO PROVIDE ADMINISTRATIVE SERVICES TO THE BOARDS; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' RELATING TO FORENSIC AUDIT,' SELECTING THE FIRM' OF FISKE AND COMPANY TO PROVIDE FORENSIC AUDIT SERVICE ON THE FINANCIAL ACTIVITIES OF THE CITY FOR THE FISCAL YEARS ENDED SEPTEMBER 2000, SEPTEMBER 2001, SEPTEMBER 2002, AND THE CURRENT FISCAL YEAR; PROVIDING' FOR APPROPRIATION TO ACCOUNT NUMBER 001- `1100 - 511.3210, "ENTITLED CONTRACTUAL SERVICES" FOR AN AMOUNT NOT EXCEEDING $32,000 FROM THE CITY CASH RESERVE FOR THE SERVICE, AND PROVIDING FOR AN EFFECTIVE DATE- 4/5, (Vice Mayor Russell) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING) SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $42,000.00 FOR THE FIRM OF GOMEZ BARKER`& $42,000.00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FOR THE TALLAHASSEE` LOBBYING SERVICES PROVIDED TO THE CITY IN' THE 2001/2002 FISCAL YEAR; PROVIDING FOR APPROPRIATION OF $6,167 FROM THE CASH RESERVE TO ACCOUNT NUMBER 001 -1315 - 513 -3450, ENTITLED "CONTRACTUAL SERVICES" TO PAY FOR THE SERVICES; AND PROVIDING AN EFFECTIVE DATE.` 4/5' (City Manager) 20. A'; RESOLUTION OF THE MAYOR AND `:CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,` AUTHORIZING THE CITY MANAGER TO EXECUTE 'A PROFESSIONAL SERVICE .WORK ORDER REGULAR CITY COMMISSION 5 AGENDA - May 20, 2003 - „-� r.�.- �„.,.:-.- ;,,- „�.- �— °.,�° -T F:..., � -. - c-,•.. ..,. -�,-A- �s- �- , --.F .,.,.:�.� �r,.F":s.""�'i' F�.v,..t i',�c -,:z .v.,�..� e ;�'�`� .-fir,-: ,.sy. WITH CONSULTING ENGINEERING & SCIENCE, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, TESTING, ONSITE DATA COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN SERVICES, SPECIFICATIONS,° CONTRACT DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR SNAPPER CREEK DRAINAGE` IMPROVEMENTS PHASE II ALONG SW 58TH'AVENUE BETWEEN 'SW 85TH STREET AND 'SW 87TH STREET AND SW 87TH ` STREET BETWEEN SW 58TH AVENUE AND SW 59TH ' AVENUE IN AN AMOUNT OF $ 18,200.00 FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001 - 0000 - 132 -2060; PROVIDING AN EFFECTIVE DATE." 3/5,` (City Manager) 21. A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL' MASTER SERVICES; APPOINTING ENRIQUE ZAMORA, ESQ.; CAROLYN Y. HOWARD, ESQ., AND MAURICE DONSKY, ESQ. AS SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT #001 - 0000 - 341 -9040 ENTITLED' "CODE ENFORCEMENT FINES REVENUE ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA` RELATING TO CLAIMS; REINSTATING DEBORAH BENFIELD TO FULL DUTY AS A POLICE OFFICER PURSUANT TO AN ARBITRATION AWARD; DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE ARBITRATION AWARD INCLUDING AUTHORIZING PAYMENT OF BACK PAY AND WAGES FOR THE REMAINDER- OF THE `CURRENT FISCAL YEAR OF $35,845 FROM THE CITY CASH RESERVE, AUTHORIZING RETROACTIVE SENIORITY WAGE INCREASES IF APPLICABLE, AND ALL OTHER BENEFITS; PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) ORDINANCE (S) FIRST READING (S) 23. AN ORDINANCE OF THE MAYOR AND CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEPARTMENT REOGANIZATION; REVISING ARTICLE II OF THE CODE OF ORDINANCES ENTITLED "DEPARTMENTS ", BY AMENDING SECTION 2 -7 PERTAINING TO CODE ENFORCEMENT DIVISION; BY AMENDING SECTION 2 -8 PERTAINING TO CENTRAL PURCHASING; AND BY AMENDING SECTION 2 -14! PERTAINING TO A STREET AND LANDSCAPE DIVISION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 6 AGENDA -'May 20, 2003 (City 'Manager) 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE AMENDMENT OF SECTION 13 -24 OF THE CITY_'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2 -26.10 ENTITLED "PARKING COMMITTEE," IN ORDER TO CREATE A PARKING COMMITTEE FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 26. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY CREATION A NEW SECTION 15 99 ENTITLED CONTROLLED' PARKING' RESIDENTIAL, AREAS; TO DESIGNATE CONTROLLED PARKING' RESIDENTIAL AREAS; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED' PARKING RESIDENTIAL AREAS; PROVIDING ISSUANCE OF SPECIAL PARKING PERMITS 'UPON APPLICATION;' PROVIDING PRIVILEDGES AND RESTRICTIONS ON RESIDENTIAL' PERMITS AND PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE 3/5 (City Manager) 27 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE (12) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6 (B)., AND THE SUSPENSION OF SECTION 20 -4.4 (G) AND SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE (Commissioner Wiscombe) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING REGULAR CITY COMMISSION AGENDA - May 20, 2003 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. COMMISSIONI REMARKS PURSUANT TO FLA STATUTES 286..0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY ,DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS' MADE `'WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT 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 8 AGENDA - May 20, 2003 1 2 CITY OF SOUTH MIAMI 3 SPECIAL CITY COMMISSION MINUTES 4 MAY 13, 2003 5 6 CALL TO ORDER: 7 8 The City Commission of the City of South Miami, Florida, met 9 in Special Session on Tuesday, May 13, 2003, beginning at 4:50 10 p.m., in the City Commission Chambers, 6130 Sunset Drive. 11 12 A. Roll Call 13 The following members of the City Commission were present: 14 Mayor 'Horace G Feliu and Commissioners David D. Bethel and Dan 15 McCrea. Vice Mayor Mary Scott 'Russell and Commissioner Randy G. 16 Wiscombe were not present.' 17 18 Also in attendance were: Acting City Manager Sanford A. 19 Youkilis, City Attorney Earl G. Gallop and City Clerk Ronetta 20 Taylor. 21 22 B. Invocation 23 Mayor Feliu delivered the Invocation. 24 25 C. Pledge, of Allegiance: 26 The Pledge of Allegiance was recited in unison. 27 28 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 29 30 RESOLUTION NO. 69 -03 -11698 31 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION> OF THE CITY 32 OF SOUTH MIAMI,; FLORIDA, AUTHORIZING THE CITY MANAGER TO 33 APPROVE A SPECIAL EVENT PROVIDED BY "TRUTH INVASION" THAT 34 WOULD BE HELD ON SATURDAY, 4PM-2 , JUNE 14, 2003, LOCATED 35 ON 73 STREET & 57TH COURT FACING 72 STREET' (SUNSET DRIVE) ; 36 ,PROVIDING AN EFFECTIVE DATE, 3/5 37 (City Manager) 38 39 Moved by Commissioner Bethel, seconded by Commissioner 40 McCrea to approve this item. 41 42 Acting City Manager Youkilis indicated that this was a 43 carryover item from the May 6 t City Commission meeting. Truth 44 Invasion has indicated a change in the date` for the -event from 45 May 24th to June 14th. No 'street closure fee is being assessed 46 however, police and clean up charges will be paid by the 47 applicant. 48 49 At the conclusion of this discussion the motion to approve 50 passed by a 3 -0 vote. SPECIAL CITY COMMISSION 1 AFTER ACTION SUMMARY — May 13, 2003 1 2 Commissioner Wiscombe: Not present, 3 Vice Mayor Russell: Not present 4 Commissioner McCrea: Yea 5 Commissioner Bethel: Yea 6 Mayor Feliu Yea 7 8 RESOLUTION NO. 70 -03 -11699 9 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 10 CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF 11 UNDERLYING PLAT FOR THE MARSHALL WILLIAMSON SUBDIVISION 12 (HABITAT FOR HUMANITY); THE PROPERTY BEING LOCATED 13 WITHIN THE RS -4 SINGLE FAMILY RESIDENTIAL ZONING 14 DISTRICT; PROVIDING AN EFFECTIVE DATE. 3/5 15 (City Manager)' 16 17 Moved by Commissioner McCrea, seconded; by Commissioner 18 Bethel to approve this item.' 19 20 Acting City Manager Youkilis indicated that this was also a 21 carryover item from the May 6th City Commission meeting. 22 23 Richard Lorber, the City's Planning Director explained that 24 Habitat for Humanity submitted plans for five single - family homes 25 on the former Marshall Williamson property. The plans for the 26 five homes were approved by the ERPB at its recent meeting. 27 Habitat is now requesting final City approval of the underlying 28 Plat. The final plat will enable the development of the 29 previously approved five homes to go forward. 30 31 At the conclusion of this discussion the motion to approve 32 passed by a 3 -0, vote. 33 34 Vice Mayor Russell Not present 35 Commissioner McCrea: Yea 36 Commissioner Bethel: Yea 37 Commissioner Wiscombe: Not present 38_ Mayor Feliu: Yea 39 40 3. Adjournment: 41 42 There, being no further business to come before this Body, 43 the meeting concluded at 4:56 p.m. 44 45 Approved 46 47 Attest: 48' Horace G. Feliu 49 Mayor 50 51 Ronetta Taylor, CMC 52 City Clerk' SPECIAL CITY COMMISSION 2 AFTER ACTION SUMMARY - -May 13, 2003 oY Sd U Ty CITY OF SOUTH MIAMI South Miami krAmd 3r Excellence, Integrity, Inclusion �icaC'; INCORPORATES t 1927 Q fitOR14 2001 TO: Sanford A. Youkilis, Acting City Manager DATE: May 14, 2003 FROM: W. Ajibola Balogun ITEM No. Public Works Director RE:Special Appropriation Projects Special Needs grant allocation of $130,100 As a result of our lobbying efforts in Tallahassee, $130,100 for water related projects have been allocation to the city. The allocation will be part of US Environmental Protection Agency's budget via recommendation from Florida Department of Environmental Protection (FDEP). If you recall, we met with FDEP staff during our visit to Tallahassee first week of April. During our meeting Mr. Don Berryhill, Chief of Water & Wastewater, discussed this funding review process briefly and indicated that we will be considered for funding.' The allocated funds may be used to finance up to 55% of a water related project's total costa Attached are the notification letter and an invitation to attend the 'grant- training workshop. The workshop will be held in Destin, Florida on May 21 & 22, 2003. During the workshop, a formal application package will be completed for the allocated funds; environmental review and construction requirement process will be discussed, among other issues. In other to attend the next City Commission meeting, I am scheduled to leave for the workshop at 5:00am on Wednesday, May 21, 2003 and return Thursday, May 22, 2003. Should you have any questions or comments, please do not hesitate to contact me. END OF MEMORANDUM STgTis• 2� 70 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY s W REGION 4 Q ATLANTA FEDERAL CENTER y��yrq< OSE °��o= 61 FORSYTH STREET PR ATLANTA, GEORGIA 30303 -8960 Sandy Youkilis,'Acting City Manager APR 0 7 2003 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Youkilis: The U.S. Environmental Protection Agency's (EPA) budget for fiscal year 2003 includes a budget for funding a list of "special needs" water related projects. The EPA refers to these projects as "Special Appropriation Projects" (SPAPs). Funding for these projects is in the form of a grant from EPA that can be used to plan, design and construct wastewater, storm water and drinking water infrastructure projects. I am pleased to inform you that the City of South Miami has been allocated $130,100. These funds maybe used to finance up to 55% of the project's total cost, thereby requiring a local share of at least 45 %, as denoted in the Appropriations language. EPA, Region 4 has been charged with the administration of your grant funds. To guide you through the grant process, we have developed a number of informational tools. Enclosed is a copy of our Special Appropriations Workbook CD and a brochure developed specifically for this grant program. Additional information is available on our web site at www.gDa.jzov/region4/Wg!Lr/pgia`b"/infrastruc9giMro2ram.htm. At this time, I would also like to invite you to an EPA workshop for grantees which will be held at the Hilton Sandestin, Destin, Florida. Enclosed is atentative agenda for the workshop which will begin at 9:00 a.m. on May 21, 2003, and run through 12 noon on May 22, 2003. A block of rooms has been reserved for the EPA Water Division Workshop attendees at a special rate of $110 plus tax. Please make your reservations with the Hilton before April 25, 2003, to secure this special rate at 800 -367 -1271 or 850- 267 -9500. To assist us in preparing for the workshop, please mail or fax the enclosed registration form to me by May 12, 2003. Please review the enclosed information, visit our website, and contact the EPA Project Officer assigned to your geographic area: State Project Officer Alabama David Holroyd at 404 - 562 - 9228' holyroyd.dave @epa.gov Kentucky/Florida Mario Machado at 404 -562 -9338 machado,.maJo@gpa.gov I Internet Address (URL) • http: / /www,epa.gov Recycled /Recyclable • Printed with Vegetable b1 Based Inks on Recycled Paper (Mlnimurn 30% Postconsumer) - ��; K, 3s .T^F'Y G a:,�— v.- �-�,;. .,.v , �.�^"7's •c.m;,.,,,- <- r —�--;{ }; a ,x ,-sc � s,.±. ,, .�'?^;..,,.�.:—,-� � , �!,: North Carolina/Georgia Curt Fehn at 404 -562 -9335 fehn.curt @epa. ov South Carolina/Tennessee Joey LeVasseur at 404 -562 -9340 levasseur.joey@oa.gov ' Mississippi Artie Buff at 404 -562 -9336 buffartie @epa.g_o_v Stormwater Maryann Gerber at 404 562 -9462 Projects /All State gerber.maryann @epa.gov, We look forward to assisting you in your efforts to improve the environment of your community. Si erely, Dorothy L. Ra i Id, Chief Grants and'Tec nical Assistance Section Water Management Division Enclosures TENTATIVE AGENDA SPECIAL APPROPRIATIONS PROJECTS TRAINING WORKSHOP May 21 and 22, 2003 Destin, Florida. May 21, 2003 9:00 - 9:30 a.m. INTRODUCTION Purpose and goals of training Discussion of Appropriations Bill; and SPAP funding Overview of topics to be discussed 9:30 - 10:45' APPLICATION , Completing application package Grant cost eligibility Requirements for matching funds Environmental or public health objective Grant submission to EPA 10:45 - 11:00 Break' 11 :00 - 12:00 APPLICATION - continued 12:00 -1:30 p.m. Lunch F 1:30 - 2:00' GRANT AWARD Grant award notification Special and standard conditions Reimbursement requests (payments) 2:00 - 2:30 STATE INTERGOVERNMENTAL REVIEW 2 :30 - 3:00 ENVIRONMENTAL REVIEW Environmental Information Document (FM) Finding of no significant impact (FNSI) Environmental Impact Statement (EIS) Environmental Justice 3:00 - 3:15 " Break 3:15 - 4:00 QUESTIONS AND ANSWERS April 1, 2003 Page 1 of 2 TENTATIVE AGENDA SPECIAL APPROPRIATIONS PROTECTS TRAINING WORKSHOP May 21 and 22, 2003 Destin, Florida May 22, 2003 9:00 - 10:00 CONSTRUCTION Plans and specifications (P &S) review Construction permits Change orders Regulatory permits (NPDES and water) Engineering reports Construction overview and inspections 10:00'- 10:30 PROCUREMENT 10:30 -10:45 Break 10:45 - 12:00 MBE/WBE REQUIREMENTS 12:00 -1:30 Lunch 1:30 - 2:00 RECORD KEEPING 2:00 - 3:00 STATE ROLES ADEM NCDENR MSDEQ KYDOW 3:00 - 3:15 Break 3:15 - 4:00 QUESTIONS AND ANSWERS April 1, 2003 Page 2 of 2 WAD ORDINANCE NO 0 3- 03 -1 7 8 7 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE' OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS; PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami attach importance to promoting inclusion, and positive community relations by bringing the total community together for the betterment of the entire City; and WHEREAS, in its endeavor to encourage more public participation, the Commission desires to take an ambassadorial approach to preserving the constancy of its City ,Commission meetings; and WHEREAS, it is the aspiration of this commission to impose a meeting time limitation of 11:00 p.m., for regular City Commission, except upon an affirmative vote of a majority of the members present at that meeting. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 2 -2.1 (A) of the Code of Ordinances entitled "Rules of procedure of city commission is here by amended as follows "REGULAR MEETING. The City commission shall hold regular meetings at 7:30 p.m.,` on the first and third Tuesdays of each month with the exception of the months of June and July. The City Commission shall hold regular meetings at 7:30 p.m. on the. first and second Tuesdays of June and the last two (2) ;Tuesdays of July. When the day set for any regular meeting falls on a day designated by law as a legal, public, national or religious holiday, such meeting shall be held on the next succeeding day following such holiday. Regular meetings may be otherwise postponed, cancelled or reset only by resolution adopted at a' regular meeting of a majority of the entire membership of the commission. All regular meetings shall be held in the commission chambers, located at city hall. Additions shown by underlining and deletions shown by ever-g, ,.m . �. . Ord. No. 09 -03 -1787 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held *invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this 1 8 day of February 2003. ATTE T: APPROVED: ja a A tj �2 CITY CLERK MAVOR 1st Reading - 2/4/03 2nd Reading — 2/18/03 COMMISSION VOTE: 5 -0 RE VED AS TO FORM: Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Bethel: ` Yea CIT ORNEY Commissioner McCrea: Yea Commissioner Wiscombe:Yea Additions shown by underlining and deletions shown by ev4stFiJEing. - .--- =a-� -t -. ,f- , .., - ,.- ,- ,- >,.Tm^,T.: "':��"L' .v. +.. ,:. ?t., � ; £, *;.'.: F ..-. v 1 e._'.°°.;'� 1�„ : .,?,_ ti."°Y= ?`,,,� i` ,i .�.. ,N^'`t v z:.. "�4 s,•-•�!"', n,,. ^+�...�° 4'f'-'"" , `�,1 = aT yr ."" xG V','"t.�r is � "3, is So u� CITY OF SOUTH MIAMI South Miami hCod �° X Excellence, Integrity, Inclusion ... INCORPORATED 1427 - g. o R t a p 2E�ua TO: Honorable Mayor, Vice Mayor DATE: February 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager RE: Commission Mtg. Limitation RESOLUTION or ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE OF. ORDINANCE; AMENDING SECTION 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached ordinance on for second reading and public hearing, sponsored by Commission Wiscombe and co- sponsored by Mayor Feliu amends the City's Code of Ordinances to allow for meeting time limits. It provides that no meeting of the city commission shall extend later that 11:00 p.m., except upon the affirmative vote of a majority of members present at the meeting. Any and all items not considered by this limitation time period will be deferred to the next regular scheduled commission meeting. RECOMMENDATION Approval Attachments: SAY/RL (Dept Director's initials) '7W soul, South Miami y All- America City • INCORPORATEQ � 1927 � O R Y 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 20, 2003 City Commission 09 Co ITEM NO. From: Sanford A. Youkilis RE: Parking Program RFP Schedule Acting City Manager Please be advised that a Request for Proposal Document has been prepared by in -house staff and the City Attorney's office. The end product of the RFP process will be the selection of a qualified firm or legal entity, which under a management agreement, will operate a Comprehensive _Parking Program for the City of South Miami. The document will be released to the public on May 30, 2003. TIMETABLE: RFP available for Distribution: May 30,' 2003 Pre- proposal Conference (mandatory): June 13, 2003 at 2:00 P.M. Deadline to receive Proposals: June 27, 2003 at 5:00 PM Interviews (if conducted): Week of July 7, 2003 Selection of successful Proposer: July 22, 2003 Contract Approval September 16, 2003 Contract Start Dater October 1, 2003 SAY JAACM FILETM Report RFP Parking.doc S o U South Miami Al All- Amefica City U fl N cOR PORATEQ 1927 �L O R T 9 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 20, 2003 City Commission ITEM No. AD From: Sanford A. Youkilis RE: Snapper Creek Acting City Manager (' Annexation Agreement +r BACKGROUND The Sna pp er Creek Annexation application was unanimous) approved on first reading by the Board of County Commissioners at its April 22, 2003 meeting. The ordinance states that an Interlocal Agreement will be part of the final approval of the ordinance on second reading scheduled for Jul _ 1 2003 The annexation ' ,pp g Y � at on and a proposed interlocal agreement will be presented to the County's'' Budget and Finance Committee on June 12, 2003 of 9:30 PM. CONDITIONS FOR INCLUSION IN THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE MIAMI -DADE BOARD OF COUNTY COMMISSIONERS; The City Commission should express a position that the following must be part of the County's Interlocal Agreement: 1. Elimination of any mitigation fees. The City can make a very defensible case for ` requesting the elimination of mitigation 2 Support the schedule as set by the County; that is the vote will take place on September 16, 2003. 3. The vote of electors should be done at a precinct, and not by mail -in ballot. 4. Insist on the inclusion of a favored nations clause. 5. The City should delay' providing services to the area for a period of 6 -9 months. 6. - The City should receive in advance all property tax revenue from the annexation area immediately upon assumption of services to the area. Attachments: County Ordinance SAY Harvey Ruvin CLERK OF THE CIRCUIT AND COUNTY COURTS Dade County, Florida Pao coif CLERK OF THE BOARD OF COUNTY COMMISSIONERS oJt CLERK oo STEPHEN P. CLARK METRO -DADE GOVERNMENT CENTER SUITE 17 -202 U En 111 N.W. 1st Street c it � uLm r Miami, FL 33128 -1983 9q Telephone: (305) 375 -5126 April 30, 2003 Mr. D. Wayne Brackin 6540 S.W. 85th Street Miami, Florida 33143 Re: Proposed annexation of Snapper Creek Area to the City of South Miami Dear Mr. Brackin: Please be advised that the Board of County Commissioners adopted a proposed ordinance changing the boundaries of the City of South Miami and amending its Charter to provide for the annexation of certain lands. This ordinance was adopted on first reading on April 22, 2003 and the public hearing was scheduled before the Budget and Finance Committee for June 12, 2003 at 9:30 A.M,., in the County Commission Chambers located at the Stephen P. Clark Center, 111 NW First Street, Miami, Florida. If you have questions or concerns regarding the proposed municipal boundary change or the process, please contact me at (305) 375 -1295 or Jovel Shaw at (305) 375 - 5108. Sincerely, . HARVEY RUVIN, Clerk of the Circuit and County Courts a By. Kay Sullivan, Director, Clerk of the Board KMS /js � � �Q cc: Wil Martinez Dan Rivera Michael Catalano Charles Scurr, City Manager,' City of South Miami Sandy Youkilis, Planning Consultant, City of South Miami Central Depository RE Civil Division • Clerk of the Board o Code' Enforcement EE Comptroller / Auditor County_ Recorder Criminal Division • District Courts Division R, Family Courts Division • Human Resources / Administrative Services • Juvenile Division Marriage License • Parking Violations • Records /Archives Management • Technical Services Division Traffic Division • V.A.B. CLK(CT 700 REV. 4101 Clerk's Web address: www.miami- dadeclerk.com Printed on Recycled Paper T. -7r , � - � Approved Mayor Agenda Item No. 13(G) Veto 4 -22 -03 Override ORDINANCE NO. ORDINANCE CHANGING THE BOUNDARIES OF THE CITY OF SOUTH MIAMI, FLORIDA, AND AMENDING THE CHARTER OF SUCH MUNICIPALITY BY PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS, UNDER AND -PjJRSUANT TO T_ROCEEDINGS PRESCRIBED BY SECTION 5.04(B) OF THE HOME RULE CHARTER; PROVIDING FOR RESERVATION TO THE COUNTY" OF ELECTRIC FRANCHISE, UTILITY TAX AND CIGARETTE TAX REVENUES; PROVIDING FOR RETENTION OF GARBAGE AND REFUSE COLLECTION AND DISPOSAL PROVIDING_ THAT THIS ORDINANCE WILL ONLY BECOME EFFECTIVE UPON THE OCCURRENCE OF CERTAIN EVENTS; PROVIDING INTERDEPENDENCY; INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA: Section 1. The municipal boundaries of the City of South Miami are hereby changed, extended and enlarged, and the charter of such municipality is hereby amended by the annexation to the City of South Miami of the following property: Annexation by the City of South Miami -Dade County Attorney's Office Lezal Description [To be distgibuted at a later date] Agenda Item No. 13(G) Page 2 encompassing an area described by Resolution No. 68 -02- 11417, passed and adopted by the Commission of the City of South Miami, which resolution is made a part hereof by reference. Section 2. Pursuant to Section 20 -8.1, 20 -8.2 and 20 -8.3 of the Code of Miami -Dade' County (Ordinance Nos. 61 -8 as amended, 70 -84 as amended, and 70 -85 as amended), this ordinance shall be effective only upon the condition and with the reservation that the County shall continue to collect and reserve all electric franchise revenues accruing within the annexed area during the full tenn of the County franchise, and the County shall forever continue to collect and receive all utility tax revenues and all cigarette tax revenues accruing within the annexed area in the same manner as though the annexed area remained a part of the unincorporated areas of the County. Section 3 Pursuant to Section 20 -8.4, Code of Miami -Dade County (Ordinance No. 96 -30 as amended), this Ordinance shall be effective only upon the condition and with the reservation that the County shall forever continue to collect and dispose of all residential waste within the annexed area in the same manner as though such annexed areas remained part of the unincorporated areas of the County, unless the authority to collect such waste is delegated by the County to the governing body of the municipality through a twenty (20) year interlocal agreement which provides for collection services, and a twenty (20) year interlocal agreement which provides for disposal services in substantially the form approved by Resolution No. R- 1198 -9 Section 4. This Ordinance shall be effective only if the City of South Miami executes a duly authorized interlocal agreement wherein it agrees to (a) make an annual mitigation payment to the County's Municipal Services Trust Fund (b) pay Miami -Dade County the annexed area's prorated share of the Stormwater Utility Revenue Bonds debt 'service , EiR °;; h;, -,.`; a.v .. .,.:,,:M:°r^;�" -7-; �^..;�;.-+'c -rye; „. .",z--- ;'";; ^..'?5.. .a ;.,. ` t,'s'. '">'?P.";,""- -:• c-wnnp';'+",1,"3%, Agenda Item No. 13(G) Page 3 estimated at $6,700 per year for approximately 22 years and (c) abide by the Downtown Kendall Urban Center District, pursuant to Sec. 33- 284.55, et seq. of the Code of Miami -Dade County, Florida. The interlocal agreement= shall be approved by resolution of the Board of County Commissioners, Section 5. The provisions of this Ordinance are interdependent upon one another, and the entire ordinance shall be deemed invalid if any of its provisions are declared invalid or unconstitutional. If any of the sections of this ordinance are found or adjudged to be illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect. Section 6. This ordinance does not contain a sunset provision. Section 7. The provisions of this ordinance shall take effect only if approved by a' majority vote of the electors voting in an election to be called by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: RAG Prepared by: Cynthia Johnson-Stacks Sponsored by the Board of County Commissioners 6 ,F. ,. �, x �..�.:r�... ,,M �.., 7 € ti �. _ T: i SoUT� South Miami O� �r All- AmcricaCitli INCORPORATED J I 1927. L0RIV 2001 Excellence, Integrity and Inclusion To: Honorable Mayor Date: May 20, 2003 and City Commission From: Sanford A. Youkilis Subject: Agenda Item # Acting City Manager Acceptance of the Miami - Dade County Community Action Agency Contract for Senior Ctr. Meals Program REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE CONTRACT WITH THE MIAMI DADE COUNTY COMMUNITY ACTION AGENCY FOR MEALS FOR THE ELDERLY PROGRAM; AUTHORIZING THE CITY MANAGER - TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami has been participating in the Meals for the Elderly Program for the past few years. This program, administered by the Miami -Dade County Community Action Agency (CAA), provides hot meals to the elderly at the Senior Center Monday through Friday. To continue the service, the City is required to renew the contract the Miami -Dade County CAA on an annual basis. The attached resolution would allow the City Manager to', execute the contract and other applicable documents. A copy of the contract is provided for your reference: RECOMMENDATION Your approval is recommended. Attachment: Miami -Dade County Community Action Agency Contract SAY /OC I RESOLUTION NO. 2 3 A .RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE 5 CONTRACT WITH THE MIAMI -DADE COUNTY COMMUNITY 6 ACTION AGENCY FOR MEALS FOR THE ELDERLY PROGRAM; 7 AUTHORIZING THE CITY MANAGER TO EXECUTE 8 APPLICABLE CONTRACTS AND DOCUMENTS; AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the Miami -Dade County Community Action Agency administers the Meals 12 for the Elderly Program, which provides hot meals to the seniors at the Senior Center during the 13 week; and 14 15 WHEREAS, the City of South Miami has participated in the Meals for the Elderly 16 Program for some time'now; and 17 18 WHEREAS, in order to continue the service the City must enter into a contract with the 19 Miami -Dade County Community Action Agency. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI: 23 24 Section 1. The contract to continue the Meals for the Elderly Program at the 25 Senior Center is hereby approved. 26 27 Section 2. The City Manager is authorized to execute the applicable contract and 28 other documents related documents as required by the Miami -Dade County Commission Action 29 Agency. 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 39 CITY CLERK MAYOR 40 41 Commission Vote: 42 READ AND APPROVED AS TO FORM: Mayor Feliu: 43 Vice Mayor Russell: 44 Commissioner Bethel: 45 Commissioner McCrea: 46 Commissioner Wiscombe: 47 CITY ATTORNEY MIAMI -DADE COUNTY COMMUNITY ACTION AGENCY - MEALS FOR THE ELDERLY PROGRAM CONTRACT This Contract, made this 1 ST day of January 2003, by and between Miami -Dade County, a` political subdivision of the State of Florida (hereinafter referred to as "County ") through its Community Action Agency (hereinafter referred to as "Department "), located at 395 N.W. 1st Street - Miami FL 33128, and the CITY of SOUTH MIAMI, a political subdivision of the State of Florida,, located at 6130 Sunset Drive South Miami FL 33143 (hereinafter referred to as "Provider "), states conditions and covenants pursuant to which the Provider shall continue participating in ` CANs Meals for the Elderly Program(hereinafter referred to as "Program ") for the County. WHEREAS, the Board through Resolution R- 1522 -02 = authorized the County Manager to receive and expend Title III -C, Older Americans Act grant funds for the continued operation and administration of CANs Meals for the Elderly Program; and WHEREAS, the Provider desires to continue participating in CANs Meals for the Elderly, and the County desires to continue providing meals at the Provider's facility known as South Miami, 6701 SW 62 Avenue, South Miami; NOW, THEREFORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: 1. AMOUNT PAYABLE. Subject to available funds and pursuant, to the Title III --C; Older Americans Act grant, the maximum amount payable for services rendered under this Contract, shall not exceed $0.00: IL SCOPE OF SERVICES. The Provider' agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider will implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County." Any modification or amendment to the Scope of Services shall not be 'effective until approved by the Department in writing. III. EFFECTIVE TERM. The effective term of this Contract shall be from January 1: 2003 to December 31, 2008. IV. INDEMNIFICATION BY PROVIDER. A Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or .its Page 1 of 10 ;... '':..,.: • ---`;a ':ate;- .,-, -- `ter..- ;..x.t ;.,,.,,.,..,,; .t'iT,,.."r... 4tir,,., ,. �T, =--*-, .-s officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Contract by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Stat., subject to the provisions of the Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid` by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, ;losses or causes of action which may arise as a result of the negligence of the government entity. B. All Other Providers. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all Liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the 'Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend' all claims, suits or actions of any kind' or nature in the name of the County, where applicable, I including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. C. Term of Indemnification. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. V. INSURANCE. A. Government Entity. If the Provider is the State of Florida or agency or political subdivision of the State as defined in Section 768.28, Florida Statutes, the Provider shall furnish to the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statues. B. All Other Providers. 1. Modification and Changes. The Provider shall notify the County of any intended changes in insurance coverage, including but not limited to any renewals of existing insurance policies. Page 2 of 10 i, Upon review of the Provider's Scope of Services (Attachment A) by the County's Risk Management Division, the County may increase, waive or modify any of the following insurance requirements. Any request by a Provider to decrease, waive or modify any of the following insurance requirements must be approved in writing by the County's Risk Management Division. 2. Minimum Insurance Requirements: Certificates of Insurance. The Provider shall furnish to the Department, Miami -Dade ;County, c/o Meals for the Elderly Program Fiscal Offices, 395 NW 1 Street, Miami, FL 33128 Certificate(s) of Insurance indicating' that insurance coverage has been obtained which meets the requirements as outlined below: a. Worker's Compensation Insurance for all employees of the Provider as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability' Insurance 'covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property? damage. For Providers using vans or mini -vans with seating capacities of fifteen (15) passengers or more, the limit of :liability required for Automobile Liability Insurance is $500,000.` d. Professional Liability Insurance, when applicable, in the name of the Provider in an amount not less than $300,000. 3. Classifications and Ratings. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the services or operations described in the Scope of Services (Attachment A). All 'insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following'qualifications: The company must be rated no less than "B as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to do Business in Florida," issued by the State of Florida Department of Insurance and must be members of the Florida Guaranty Fund. Page 3 of 10 Certificates of Insurance shall indicate that no modification or change in insurance shale be made without thirty (30) days written advance notice to the certificate holder. C. . Failure to Provide Certificates of insurance. If the Provider fails to furnish the County with or Certificates or written verification required under this section or as determined by the 'County's Risk Management Division after review of the Scope of Services (Attachment A), the County shall not disburse any funds until it is provided with the necessary Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Contract may result in termination of this Contract. Vi. PROOF OF LICENSURE /CERTIFICATION. If the Provider is required by the State of Florida or Miami -Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish a copy of all required current licenses or certificates. Examples of services or operations requiring such licensure or certification include but are not limited to childcare, day care, nursing homes, boarding homes. If the Provider fails to furnish the County; with the licenses or certificates required under this Section, the Count I shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Contract may result in termination of this Contract. VIL CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2- 11.1 et al, of the Code of Miami -Dade County), as amended, which is incorporated herein by ` reference as if fully 'set forth herein; in connection with its Contract obligations hereunder. Vill. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ( "County Code "), as amended,' which prohibits discrimination in employment,. housing and public accommodations; Title VIi of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. ,§ 794, as amended, which prohibits 'discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. if the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. ; If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such Contract Page 4 of 10 .,,;,?F ,,�;;^.,'.,"F�,:. spa- z�. --- ter,- ,��.. Ka�:�..:w, �'..,r^.;��,:v f�:�-€.��: .:rr,- ,t""c`^�; �°•<s.�m- ��-'xf °f n.v'.T`°'::�,+°� Y r; ;: �3" shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit: The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 11A-60 et. seq. of the Miami -Dade County Code, ,which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day: during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider, IX. NOTICES. It is understood and agreed between the parties that written notice addressed to the Department and mailed or delivered to the address appearing on page' one (1) of the Contract and written notice addressed to the Provider and mailed or delivered to the address appearing on page one (1) of this Contract shall constitute sufficient notice to either party. X. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. X1. BREACH OF CONTRACT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) the Provider fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the County funds allocated under this Contract; (3) the Provider does not furnish the Certificates of Insurance required by this Contract or as determined by the County's Risk Management Division; (4) the Provider does not furnish proof of licensure /certification or proof of background screening required by this Contract; (5) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements or fails to submit or submits incomplete or, incorrect detailed' reports of expenditures or final expenditure reports; (6)' the Provider does not submit or submits incomplete or incorrect required reports; (7) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (8)` the Provider discriminates under any of the laws outlined in Section IX' of this Contract; (9) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (10) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment C); (11) the Provider attempts to meet its obligations under this contract- through fraud, misrepresentation or material misstatement; (12) the Provider fails to correct deficiencies found during a ,monitoring,; evaluation or review within the specified time; (13) the Provider fails to meet the terms and conditions of any, obligation under any contract or otherwise or any repayment schedule to the County or any of its . agencies or instrumentalities; (1 4) the Provider fails to submit the Certificate of Corporate Status, Board of Directors, requirement or proof of tax status; (15) fails to meet any of the terms and conditions of the bade County Affidavits (Attachment C) or the State Affidavit (Attachment D); or (16) the Provider fails to fulfill in a timely and proper manner any and all of its Page 5 of 10 obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings,' maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; or (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least thirty (30) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs' associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. The 'Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such. termination. The County may terminate or cancel any other contracts which such individual. or entity has with the County: Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement may be disbarred from county contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Manager is authorized to terminate this Contract on behalf of the County: Page 6 of 10 iRV �✓ „; 4 r. +•r= emu- , ; _* w � �""i per'"_, -''�.ri; .. a',�-^ a', >n .,;' -- ", D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the - County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XIL TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either' party` hereto by written notice to the other party of such intent to terminate' at least thirty (30) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on the behalf of the County. XV. RECORDS, REPORTS, AUDITS, MONITORING AND REVIEW. A. Accounting Records. The Provider shall keep accounting records which conform with generally accepted accounting principles. All such records will be retained by the Provider for not less than five (5) years beyond the term of this Contract. B. Office of Miami -Dade County :Inspector General. Miami -Dade County has established the Office of Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract! Grant recipients are exempt from paying the cost of the audit, which is normally l/4 of 16/6 of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer 'oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain thei services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff' and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to Page 7 of 10 original estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back- charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and'personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other Contracts executed by the Provider' in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities, The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. C. Independent Private Sector Inspector General Reviews. Pursuant to Miami- Dade County Administrative Order 3 -20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written' notice from the County, the Provider shall make available to the IPSIG' retained by the County, all requested records and documentation pertaining to this Contract for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Provider's budget and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision ` shall' impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. XVII. SUBCONTRACTORS and ASSIGNMENTS. A. Subcontracts. The parties agree that no assignment or subcontract will be made or let in connection with this Contract without the prior written approval of the Department, which shall' not be unreasonably withheld, and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. B. If this Contract involves the expenditure of $100,000 or more by the County and the Provider `intends to use subcontractors to provide the services listed in the Scope of Service (/attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment F. Provider agrees that it will not change or substitute subcontractors or suppliers from those Fisted in Attachment F without prior written approval of the County. Page 8 o 10 XVIII, MISCELLANEOUS. A. Pub' licity. The Provider shall ensure that all media representatives, when inquiring about the activities funded by this contract, are informed that the County is its funding source. B. Contract Guidelines. The Provider agrees to comply with all applicable federal, state and county laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. This Contract is made in the State of Florida and shall be governed according' to the laws of the State of Florida. Proper venue for this Contract shall be Miami- Dade County, Florida, C. Modifications and Change Orders. Any alterations, variations, modifications; extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall, only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that modification of the Scope of Services schedule of payments, billing and cash payment procedures, set forth herein and other such revisions may be negotiated as 'a written amendment to this Contract between the parties. The County Manager is authorized to make modifications to this Contract as described herein on behalf of the County. _ The Office of the Inspector General shall have the power to analyze the need for, and the reasonableness, of proposed change orders. D. Counterparts. This Contract is signed in five 5 counterparts, and each counterpart shall constitute an original of this Contract. E. Headings: Use of Singular. and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires, F. Totality of Contract/Severability of Provisions. This ten (10) page Contract with it recitals on the first page of the Contract and with its attachments as referenced below contain all the, terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget (not applicable) Attachment C: Miami -Dade County Affidavits Attachment D: State Public Entities Crime Affidavit No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected' thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Page 9 of 10 . .. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their respective and duly authorized officers as of the day and year first above written. (SEAL) ATTEST: CITY OF SOUTH MIAMI AGENCY NAME By: By: (Signature of Authorized Representative) (Signature of Authorized Representative) Type or Print Name Type or Print Name Witnesses: - By: By: (Signature) (Signature) Type or Print Name Type or Print Name MIAMI -DADE COUNTY, FLORIDA ATTEST: HARVEY RUVIN, CLERK By: By: DEPUTY CLERK STEVE SHIVER COUNTY MANAGER Page 10 of 10 _ ATTACHMENT A SOUTH AIIAM Scope of Services 1.1 The Provider agrees to; A. Provide staff to serve Title III -C approved meals to client's participating in the Meals for the Elderly Program at the contractor's South Miami site. To make available to the participants of CAA Meals for the Elderly Program the dining room, kitchen, and restroom facility, Monday - Friday, except holidays, from 8:30 a.m. until 2:00 p. m. at 6701 SW 62nd Avenue, South Miami, FL. Note: Program Participants MUST be registered using the State of Florida Client Intake Screening and Assessment form. Reimbursement will not be made for any client that is not registered prior to receiving a noonday meal. B. To provide maintenance and cleaning services daily, and on an as needed basis. C. Provide tables, chairs, and other furnishings as required for the operation of the program in the South Miami site. D. Provide hot and cold running water, heat, and air conditioning, electricity, and garbage collection at no cost to the County or CAA E. 'Pay rental costs to Miami -Dade County Housing Agency. F. Post conspicuous signs i.e. Donations (in a physical space where meals are provided, advising program participants that donations of cash, checks, and credit cards are accepted. Provide a locked box marked "DONATIONS" for collection of said donations); Participants Grievance Procedures Sign and Health Warning Sign for removing food from the dining areas). In addition to these any other information that is provided by the County or Funding Sources that is required to be posted. G. Provide items pertinent to the preparing, cleaning, and serving of meals. Such - items shall include but are not limited to: garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers. Page 1 of 2 H. Provide support to the program participants. Such services shall include but are not <limited to: social services, nutrition, crafts, education, outreach, cultural, and recreational activities. I. Complete and submit reports and other information required by CAA in connection with South Miami's participation in the program. I Adhere to Title III -C requirements of reporting Elder Abuse to the Elder Abuse Hotline. K. Provide a formal plan of how services will be provided in case of emergencies. Example: Hurricane or weather related emergencies. Provide to the County on an annual basis, by June 3e a list of active clients and their plans in case of said event. The County will provide forms to capture this information. 1.2 The County agrees: A. Provide and make payment directly to the vendor the cost for one noon -time meal, per person, per day, to eighty (80) participants of the South Miami meals for the Elderly Program, Monday= Friday except holidays, during the term of this agreement. E. CAA will provide assistance in obtaining staff from local schools and colleges to provide program participants with non -food service activities. Such activities shall include but are not limited to: crafts, nutrition, education, exercise, music, discussion groups. Page 2 of 2 ATTACHMENT C MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X all affidavits that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All blank spaces must be filled: The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting- entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. I, being first duly sworn state: Affrant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave. blank): Street Address City State Zip Code MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five` percent (5 %) or more of the :corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. ' If the contract or business transaction is with a* trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly- traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post :Office addresses are not acceptable): Full Legal Name Address Ownership, -s 5 /00 Page 1 of S' 2. The full legal names and business address of any other individual (other than subcontractors. materialmen, suppliers, laborers, or "lenders) who have, or will have, any interest (leeal, equitable beneficial or otherwise) in the contract or business transaction with Dade Count, are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days br both. IL MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars (S 10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts, with the United States or any department or agency thereof, the State or any political' subdivision or agency thereof or-any municipality of this State. 1 Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No ' 3. Provide a current breakdown (number of persons) of your foal's work force and ownership as to race, national origin and gender: White: Males Females Asian: Males Females Black: Males Females American Indian:` Males Females Hispanics: Males Females Aleut (Eskimo): Males Females Males Females: Males Females III. AFFIRMATIVE ACTIONINONDISCRIMMATION OF EMPLOYMENT, PROMOTION ` AND PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.), In accordance with County Ordinance 'No. 98 -30, entities with annual gross revenues in excess of 55,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not 'discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make -up of the nation shall be presumed to have non - discriminatory', employment and procurement policies, and shall not be required to have written affirmative action plans and procurement' policies in order to receive a County contract. The foregoing presumption may be rebutted. The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of the County Manager that it is to the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000., 5/00 Page 2 of 5 ­1��'i, ­-�, . a `�; -,°'-"�, rr,� �. +.. , Fy.;. - '°.c a;; e� �"iP.�'w .,j-,R . ., 77-:17", x :,. The firm does have annual revenues in excess of 55,000,000; ` however, its Board of Directors is representative of the population make -up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development,' 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of 55,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business' Development 175 N.W. 1 ^ Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and/or a' procurement' policy as described above, but has been granted a waiver. Iv. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a 'felony during the past ten 00)years. V. MIAMI -DADE COUNTY CUBA AFFIDAVIT (County Resolutions R- 202 -96 and R- 206 -96) That neither the firm (individual, organization, corporation, etc.) submitting this bid or proposal or receiving this contract award or any of its owners, subsidiaries, or affiliated or related firms has: I.' engaged in the purchase, transport, importation or participation in any transaction involving merchandise that: a. is of Cuban origin; or b. is or has been located, in or transported from or through Cuba; or C. is made or derived in whole or in part of any article which is the growth, produce or manufacture of Cuba; 2. engaged in any transaction in which a Cuban national or the government of Cuba with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest; 3. been a party to, or had an interest in any franchise, license or management agreement with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest; 4. had Or held any investment, deposit, loan borrowing or credit arrangement or had any other financial dealings with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the govemment`of Cuba has any interest; 5.- : " subcontracted with, purchased supplies from, or perforated billing or collection services for any person or entity that does business with Cuba; as provided in 1 ".through "4" above. 6. traveled to Cuba Iiin violation of U.S. travel restrictions during the ten year period' preceding the due date for submittal. VI. MIAMi -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -`15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: b100' Page 3 of 5 i ryn.,r,,..�1,,^, .,•s..T.-.,: ,,€.;' =.''; .. r,. r,,',,,,= r-;sv, -...x -.:xv., .n., �'?"`'',r'''. 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring' no later than five (s) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from tht provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. ViI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.. 142 -91 codified as Section 1 I A -29 et. seq of the County Code) That in compliance with Ordinance No. 142 -91 of the Code' of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty*(20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month' period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency, thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VIII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 1210`1- 12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title 1I, Public Services;, Title lil, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications and Title V Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 - 3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. IX_ MIAMI -DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec.,2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes - including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by,the Dade County Tax Collector as well as Dade County issued parking'tickets for vehicles registered in the name of the firm, corporation, lorganization or individual, have been paid. 5100 Page 4 of 5 , .h -fir, .. j . ,. . -:.. r , .i t .: =z^.*.a� �a,..� ,,. �° , :�w�" �.-ts^�tt,�. -�-; "�: -�"� i'"�"`- :P•. ,.. „ � ., � � �' , '". r , ;`v '°`�'" ;L" , '-�, :�",`:'" -�:��` �.,! _, .�.., va"i,�"" ,., .s. X. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. XI. PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of 5500,000 or more shall contribute to Project Fresh Start, the County's A, *clfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have lost or, will lose cash assistance. benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver' from the requirements of R- 702 -98 and R- 358.99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipient .of grant awards. XIL DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At I IA -60 'Et. Seq. of'the Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at I IA -60 et. seq. of the Miami Dade 'County: Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled: "Miami -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. By: (Signature of Affant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 19 by He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public— Stamp State of Notary Seal (State) 5100 Page 5 of 5 ATTACHMENT D SWORN STATEMENT PURSUANT TO SECTION' 287.133 (3) (a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM -MUST BE SIGNED AND SWORN TO iN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS I. This sworn statement is submitted to Miami -Dade Countv by (print individual's name and title), for (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number; (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing t his sworn statement; 2. I understand that a "public entity crime" as defined in paragraph 287.133 (I)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and'dieeetly related to the transactions of business with any public entity or with an agency or political subdivision of any other State orwith the United States, including, but not limited to, any bid or contract for goods or> services to be provided to public entity or agency or political subdivision' of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b) Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or polo contenders. 4. I understand, that an "2171711i2te" as defined in paragraph 287.133 (I')(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a 'public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, ,members, and agents who are active in the management or an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an, arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a- person who has been convicted of a public entity crime in'Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for,the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business , with a public entity. The term "person" includes those officers, executives, partners, shareholders, emplovees, members, and agents who are active in management of an entity. Page 1 of 2 ..'�,Y.�"...cT"'�"sM"w' � , , •�, -�.; ra +�,?r^�-s = v- ;^ -'re.., , z" t, -[ _. a �?�, 1 :,�.: -� ;° _,:+'�- ,d'..",., ,,, ,,., '�`.�"'':3; '� ,. ,;; 4�-r,�-. ,. ,r €. K� :' �Tu^ ;. a3?�y, .� ,'a'-^'°�;,, n�;. "" � °�'.,.. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a;public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to Jtrly.1, 1989. However, there has been a subsequent proceeding before a Hearing' Officer orthe State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. -I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA ;STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of 20 Personally known OR Produced Identification Notary Public - State of My commission expires' (Type of Identification) (Printed typed or stamped commissioned name of notary public) Page 2 of 2 of sour South Miami Ali- America City INCORPORATED 1927 �OR1D� 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor Date: May 20, 2003 and City Commission From: Sanford Aoukilis SubJ ect: A ge n da Item # - Acting City Manager Access Easement Agreement with FP &L REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE ACCESS EASEMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND FLORIDA POWER AND LIGHT COMPANY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID , AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami owns the property rights to the Murray Park property located at 6700 SW 58th Place. This property is adjacent to an FP &L facility. In order to maintain, repair,; and upgrade the electrical substation located on the City's site, FP &L has requested that the City provide uninterrupted access to the easement. The City has analyzed this request and found it to be reasonable given that FP &L will need to service the lines periodically even if unlimited access is not granted. In exchange, FP &L will pay the City the sum of $15,000 for access to the easement. The proposed will also be advantageous to the City in the event power lines require emergency repairs, particularly during times when the park is unoccupied. Funding collected from FP &L, pursuant to this agreement will be allocated for the Multipurpose Center: RECOMMENDATION Approval is recommended. Attachments: *Access Easement agreement *Exhibit "A ° to the agreement illustrating the exact location of the easement will be provided during the Commission meeting. The mapping division at FP &L is currently' in the process of ` creating the map that will serve as the exhibit. SAY /OC 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE 5 ACCESS : EASEMENT AGREEMENT BETWEEN THE CITY OF 6 SOUTH MIAMI AND FLORIDA POWER AND LIGHT COMPANY;' 7 AUTHORIZING THE CITY MANAGER TO EXECUTE SAID $ AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. . _ 9 10 WHEREAS, the City of South Miami maintains ownership of the property located at 6700 SW 11, 58 Place, otherwise known as Murray Park, including the parking area easement adjacent to the Florida 12 Power and Light (FP &L) facility; and 13 14 WHEREAS, it is necessary for FP &L to have uninterrupted access to such easement in order to 15 adequately repair, maintain, and upgrade its electrical substation; and 16 17 WHEREAS, the City of South Miami has agreed to grant FP &L access to the site and enter into 18 a formal agreement for this purpose. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The Access Easement agreement is hereby approved at the location as shown on 24 Exhibit "A" attached hereto. 25 26 Section 2. The City Manager is authorized to 'execute such agreement on behalf of the City 27 of South Miami. 28 29 Section 3. This resolution shall take effect upon adoption. 30 31 32 PASSED AND ADOPTED THIS DAY OF 2003 33 34 35 ATTEST: APPROVED: 36 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 Mayor Feliu: 43 Vice Mayor Russell: 44 Commissioner'Wiscombe: 45 READ AND APPROVED AS TO FORM:` Commissioner Bethel:' 46 Commissioner McCrea: 47 48 49 50 CITY ATTORNEY 51 #:r ACCESS EASEMENT THIS ACCESS EASEMENT (" Agreement ") is hereby granted this day of May, 2003, by the City of South Miami whose mailing address is (hereinafter referred to as "Grantor "), to Florida Power & Light Company, a Florida corporation, whose address is P.O. Box 14000, Juno Beach, Florida 33408 (hereinafter referred to as "FPL"). RECITALS WHEREAS, FPL installed an electrical substation on the property which is adjacent to property owned by Grantor; and WHEREAS, FPL desires access over that portion of Grantor's property situated in Miami Dade County, Florida, and described on the attached Exhibit "A" ( "Property ") for the purpose of ingress /egress to said electrical substation; and WHEREAS, Grantor has agreed to grant an access easement for such purpose subject to certain terms and conditions as more specifically set forth herein; and NOW, THEREFORE, the Grantor, for and in consideration of ten dollars ($10.00) and other good and valuable considerations, receipt of which is hereby acknowledged, does hereby grant to FPL, its successors, and assigns, the right, privilege, and use of a perpetual access easement over, under, across and through the Property of the Grantor; and This grant of easement is subject to the following terms and conditions. 1. Grantor agrees that the Property may be used for access,_ ingress and egress by FPL to operate, maintain, repair, improve and relocate electrical utility facilities and appurtenances, including an electrical substation, on adjacent property. 2. Grantor agrees that FPL may use the existing road on the Property or if no road presently exists, FPL may, at its option, construct a road. Any road existing or to be constructed by FPL may be modified or constructed by FPL to meet FPL's specifications to support its heavy equipment. 3. FPL may maintain the road to its specifications for its use including any elevation requirements. 4. Employees, agents, or contractors of FPL shall have the right to enter upon the Property for the purpose of accessing electrical utility facilities, including an electrical substation, on adjacent property and for construction and /or maintenance of the road on the Property, including removing brush, trees or fencing as necessary. If FPL removes or damages any brush, trees or fencing, then FPL shall restore the Property to the condition it is in as of the date of this Agreement at its sole cost and expense. 1 5. FPL shall pay to Grantor the sum of $15,000.00 in consideration for receiving such easement after the Agreement is executed by both Grantor. IN WITNESS WHEREOF, the Grantor has executed this Agreement this day of May, 2003. Signed, sealed and delivered in the presence of: Grantor: By: By: Print Name: PrintedName: Title: By; Print Name: ACKNOWLEDGMENT STATE OF FLORIDA )' COUNTY OF MIAMI DADS ) On this day of May, 2003 before me the undersigned notary public, personally appeared (title) of the City of South Miami, personally known to me to be the person who subscribed to the foregoing instrument or who has produced as identification, and acknowledged that he /she executed the same on behalf of said corporation and that he /she was duly authorized so to do. IN WITNESS WHEREOF, ;I hereunto set my hand and official seal. OTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No: My Commission Expires: 2 l u lml gk 1 f ` a Lo Er e • ° Loc I MAC I, sc : I. -- IQ F. .L. EASEMENT a LEGAL DESCRIPTION. LOTS 1 AND 18, OF BLOCK $ AND LOT 1, OF BLOCK 8, OF "TOWNSITE OF L S" ACCORDING TRH THE PLAT THEREOF RE, CIDRDE, D IN PLAT BOOK 2 AT PAGE 1O5 OF T PUBLIC RECORDS OF MIAIVdI- *S DAiD.E COUNTY, FLORIDA. TOGETIER WITH THAT i'ORTIOIJ OF S.W.67t' STREET (BAL DWi ST.), AS SHOWN ON SAID PLAT OF TOWNSl,TE OF LARMI141S ", SAID STREET BEING 40 FEET IN WIDTH AND SAW PORUON BEING QED g BY M EAST AND WEST''LINES OF SAW LOT 18, OF BLOCK 1, EXTENDED SOUTH AND `LitC'i''F'l) By THE EAST AN14 WEST LANES OF SAM LOT 1, OF IRLOCI(, 81 E TEND1EaD NORTH, NOTE: S.W. 67'h STREET (BALIDWIN ST.), BETWEEN SAID BLOCK 1 AND 8,' WAS CLOSED AND VACATED RY -DAIDE COUNTYtFLORW& PREPARED BY: A. WTOUSSAI NT A ASSOCIATES, INC. F LAND SURVEY+[D,I 620 N.E. 126 STREETO N DIIT�I FL 33161 ,! l Pffiz .(305) 891:7340 FAX-Qp 893 0325 In IN- HOWARD C. GAMBLE i REGISTERED SURVEYOR & MAPPER 'NO. 1 t STATE OF FLORIDA j DItIiDE>Ii NO. 13257 DATE.# MAY 12, 2003 $61 —d SOO /ZOO'd IkO -1 sa ti -V69- 199 -1+ dnon DN1INU DNIIIS- moa d 89:00 COOZ -90 -01 ----------- ........................................ al ! ;. -. r , r,,, - s "+?'-''-,... , _ - , ,.,n ...: , .""^,- ,sa'°.';,...,:.':''; , -E'•�, "z.`a..:�- �,'_':�- ;, �'3"""�, m�,Y� -""- -,n ,u'�,? O�°'�,na a, . �. E r „e A �6 sib V 41 04 ° 54 4 ir1 R R. L. ,ACCES EASEMENT "M 10111' a.�, 11,11 /_11% cv �® 44 od - {v �`4 .� I \i` IN i �..yj 4 5lle4 r,J04 4 (S. W. 67 — p � ✓' 6 L Y E - ' 4 V 01 ®_ Tq , c �. REVISED P L,4T FERNWOOD }pqy 35 �. ky . I ',. P 7 lIJ 0 l u lml gk 1 f ` a Lo Er e • ° Loc I MAC I, sc : I. -- IQ F. .L. EASEMENT a LEGAL DESCRIPTION. LOTS 1 AND 18, OF BLOCK $ AND LOT 1, OF BLOCK 8, OF "TOWNSITE OF L S" ACCORDING TRH THE PLAT THEREOF RE, CIDRDE, D IN PLAT BOOK 2 AT PAGE 1O5 OF T PUBLIC RECORDS OF MIAIVdI- *S DAiD.E COUNTY, FLORIDA. TOGETIER WITH THAT i'ORTIOIJ OF S.W.67t' STREET (BAL DWi ST.), AS SHOWN ON SAID PLAT OF TOWNSl,TE OF LARMI141S ", SAID STREET BEING 40 FEET IN WIDTH AND SAW PORUON BEING QED g BY M EAST AND WEST''LINES OF SAW LOT 18, OF BLOCK 1, EXTENDED SOUTH AND `LitC'i''F'l) By THE EAST AN14 WEST LANES OF SAM LOT 1, OF IRLOCI(, 81 E TEND1EaD NORTH, NOTE: S.W. 67'h STREET (BALIDWIN ST.), BETWEEN SAID BLOCK 1 AND 8,' WAS CLOSED AND VACATED RY -DAIDE COUNTYtFLORW& PREPARED BY: A. WTOUSSAI NT A ASSOCIATES, INC. F LAND SURVEY+[D,I 620 N.E. 126 STREETO N DIIT�I FL 33161 ,! l Pffiz .(305) 891:7340 FAX-Qp 893 0325 In IN- HOWARD C. GAMBLE i REGISTERED SURVEYOR & MAPPER 'NO. 1 t STATE OF FLORIDA j DItIiDE>Ii NO. 13257 DATE.# MAY 12, 2003 $61 —d SOO /ZOO'd IkO -1 sa ti -V69- 199 -1+ dnon DN1INU DNIIIS- moa d 89:00 COOZ -90 -01 ----------- ........................................ al ! ;. -. r , r,,, - s "+?'-''-,... , _ - , ,.,n ...: , .""^,- ,sa'°.';,...,:.':''; , -E'•�, "z.`a..:�- �,'_':�- ;, �'3"""�, m�,Y� -""- -,n ,u'�,? O�°'�,na a, . �. E r „e A I RESOLUTION NO. 2 3 A RESOLUTION- OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A SHORT TERM EXTENSION 6 UNTIL JUNE 20039 OF THE CITY OF SOUTH MIAMI AND 7 NUI UTILITIES, INC.'S FRANCHISE AGREEMENT, AT 7 V2 8 PERCENT, AMENDING RESOLUTION NO. 65 -03 -11614 TO 9 EXTEND THE SHORT TERM LEASE UNTIL JUNE 109 2003 10 OR UNTIL A NEW LONG TERM AGREEMENT IS 11 NEGOTIATED AND EXECUTED IN JUNE, 2003; 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami 15 at its April; 22, 2003 City Commission' meeting adopted Resolution No. 65 -03 16 11614, which provided for a short term extension of the NUI Utilities Franchise 17 Agreement until June 2003; and 18 19 WHEREAS, the Mayor and City Commission desire to amend Resolution 20 No. 65- 03- 11614 to provide for an extension through June 10, 2003. 21 22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 24 25 Section 1 Resolution No. 55- 03- 11614 is hereby amended to provide an 26 extension through June 10, 2003 of the NUI Franchise Agreement. 27 28 Section 2. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED this day of 2003. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 Commission Vote 38 READ AND APPROVED AS TO FORM: Mayor Feliu: 39 Vice Mayor Russell: 40 Commissioner Wiscombe 41 CITY ATTORNEY Commissioner Bethel: 42 Commissioner McCrea: Additions shown by underlining and deletions shown by ever g. l RESOLUTION NO. 65-03-11614 -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, INC.'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 Gras 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 predecessor -in- interest, City Gas Company, to Franchisee (which was then known 30 as NUI Corporation); and 31 32 WHEREAS, ; pursuant to Ordinance 526 -B, 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 underlining and deletions shown by ever- ing. Res. No. 65- 03- 11614 1 mutually agreeable to the parties, the city and franchisee have agreed to extend the 2 term of the Franchise through June, 2003 at 7 V2 %, 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'this22nd day of April , 2003. I S, 16 ATTEST: ' APPROVED: 17 18 � 19 CITY CLERK MAYOR 20 21 22 COMMISSION VOTE: 5-0 23 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea 24 Vice Mayor Russell: Yea 25 / i/a L Commissioner Wiscombe: Yea 26 CITY "ATTORNEY ` Commissioner Bethel: Yea 27 Commissioner McCrea: Yea 28 Paae 2 of 2 >. _ ,, -, ,r ., rrx,n �, e°z^+;.�,�-` -m ... �,`- *— :r�•-.sn �,.. ..-t a;± -'3:. s. :.hzssss ,tea^... ,ate, :.;�.;c ;�, ... ez��. -.; .,;.- ..^_'.,';�°, ,d,� ,-?acr �:.� ,ws�'°es, r>`: S?i�,.,�;" Vii= FRANCHISE EXTENSION AGREEMENT THIS FRANCHISE EXTENSION AGREEMENT ,(this "Agreement ") is made and entered into by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation (the "City "), and NUI UTILITIES, INC., a New Jersey corporation, d/b /a NUI City Gas Company of Florida ( "Franchisee "), authorized to conduct business and conducting business in the State of Florida (jointly, the "Parties"). WITNESSETHH: WHEREAS, pursuant to Ordinance 468, the City granted in 1962 to Florida Gas Utilities' Company, and its successors and assigns, a non- exclusive franchise (the "Franchise ") to construct, maintain and operate its gas system facilities within the City's municipal boundaries; and WHEREAS, pursuant to Ordinance 478, the City corrected an inadvertent error by changing the franchisee to Florida Gas Company, d/b /a Florida Gas Utilities Company; and WHEREAS, pursuant to Ordinance 526, the City approved the assignment and assumption of the Franchise by Franchisee's predecessor -in- interest, Florida Gas 'Company, to Franchisee's predecessor -in- interest, City Gas Company; and WHEREAS, pursuant to Ordinance 526 -A, the City approved an amendment to the Franchise changing the franchisee from Franchisee's predecessor -in- interest, City Gas Company, to Franchisee (which was then known as NUI Corporation); and WHEREAS, pursuant to Ordinance 526 -B,' the City approved an amendment to the Franchise changing the franchisee from Franchisee to Franchisee's wholly -owned subsidiary, Elizabethtown Gas Co., which has since been merged into Franchisee; and WHEREAS, the term of the Franchise has expired and the City and Franchisee desire to enter into a new franchise agreement, but have not yet concluded negotiations on the acceptable terms of such agreement; and WHEREAS, in order to allow the City and Franchisee time to enter into a new franchise agreement on terms and conditions mutually agreeable to the Parties, the City and Franchisee have agreed to extend the term of the Franchise as set forth herein; NOW THEREFORE, in consideration of the premises and $10.00 and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereby agree that the Franchise granted by the above- referenced Ordinances is hereby extended to Franchisee and continued on all of the same terms and conditions as set forth in such Ordinances, except that the increased franchise fee rate of 7V2% currently being paid by Franchisee is hereby ratified and approved, until the earlier of June _, 2003 [NOTE: Insert here date of June City Commission meeting] or the date immediately preceding the effective date of any subs quent franchise agreement entered into by the Parties. Telecopies of counterparts of 2.4 i- MI/481035.2 this Agreement, executed by all of the Parties hereto, 'shall be considered for all ,purposes, including delivery, as originals. IN WITNESS WHEREOF, the Parties have executed this Franchise Extension Agreement on the respective dates set forth below. ATTEST: CITY OF SOUTH MIAMI, a Florida mialaicipal corporation City Clerk Name: anford Yo ` t is Its: Interim Cijy Manager Approved as to form: Date: April-'-'I , 2003 City Attorney WITNESS: NUI UTILITIES, INC., a New Jersey corporation, d/b /a NUI City Gas Company of Florida By: Witness to sign above Name: Print Name: Its: Date: April , 2003 1- MI/481035.2 2 S O U T South Wiami ANAMMUCII • mcORPORATEQ ♦♦. 1927_¢' Lid �1� 2001 Excellence, Integrity & Inclusion TO: Honorable Mayor, Vice Mayor DATE: May 20, 2003 and City Commission FROM. Sanford A. Youkilis ITEM NO. Acting City Manager RE: Approval Special Event RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE SPECIAL EVENT PROVIDED BY TEAM FOOTWORKS 5 K RUN/WALK FOR A RACE THAT WOULD BE HELD ON SATURDAY, JUNE 7, 2003, LOCATED ALONG SW 58 AVENUE & CLOSING THE STREETS BETWEEN SW 74 STREET & SW '73 STREET; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City of South Miami City Commission on February 18, 2003, adopted a Resolution No. (27 -03- 11576), providing guidelines for Special Events. Team FootWorks would like to close down portions of SW 58h Avenue from SW 73 Street to SW 74 Street for a 5 K Run/Walk from 4:00 pm. to 10:00 p.m. (actual event runs from 7:00 p.m. — 8:00 p.m.).(See attached map). The following costs will be covered by the applicant: Meters: 15 X $15.00 $ 225.00 Barricades: (Team FootWorks has a company that will provide barricades) $ 0 Police: 1 Supervisor @ $35.00 per hr for 3 hours 10 Officers @ $25.50 per hr for 3 hours 11 radios @ $3.00 per day for 1 day Estimated cost $ 903.00 Street Closure: SW 58 Avenue from SW 73 Street to SW 74 Street; 10,255 square feet X .10 Per sq feet X (.05 per sq.teet (iron- past) $ 512.75 T�rm ,;;'c3'usS_irz'xf - e�''�ie .-. ,'F"TM,.., 'r°Ry°h =C'k,. x.F'°e'�',,`�'�",v �#33ST2"'- '�^'�.°7.i Public Works; No personnel required $ Q Total Estimated Cost: $ 1,640.75 Footnote: Please be advised that the fee or $512.75 for street closure will be distributed to the Multipurpose Center): RECO.MAWNDATION Approval is recommended. Street closure fee is being assessed, along with police, and meters which will be paid by the applicant. Attachment: Resolution No (27 -03- 11576) Application SAY/MST Commi -n 9pnW EVart Tw m Mock PartyEmt I Resolution No, 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY TEAM' 7 FOOTWORKS 5 K RUN /WALK FOR A RACE THAT WOULD BE HELD ON 8 SATURDAY, JUNE 7, 2003, LOCATED ALONG SW 58 AVENUE & 9. CLOSING THE STREETS BETWEEN SW 74 & SW 73 ` STREET 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, The City of South Miami City Commission on February, 18, 13 2003, adopted a Resolution (No. 27 -03- 11576), providing guidelines for Special 14 Events; and 15 16 WHEREAS, Team Footworks has requested the use of the streets in the City 17 of South Miami; and 18 19 WHEREAS, The 5 K Run / Walk will take place on Saturday, June 7th 20 2003, from 7:00 p.m. - 8:00 p.m.; and 21 22 WHEREAS, This event is geared towards family and community 23 involvement and will show case downtown South Miami; and 24 25 WHEREAS, Cost of street closure, police, and meters will be assessed to 26 the applicant; and 27 2$ WHEREAS, The fee for the street closure will be distributed to the 29 Multipurpose Center.' 30 3 i NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 Section 1. The City Manager is hereby authorized to approve 35 Team FootWorks to hold the 5 K Run/Walk on June 3rd, 36 2003, in the City of South Miami, and will request the 37 closing ( portions) of SW 58 Avenue from SW 74 Street 38 to SW 73 Street. (Please note map). 39 Section 2. The fee for street closure of $512.75 will be distributed to 40 the Multipurpose Center, 41 Section 3. This resolution shall take effect immediately upon 42 approval. 43 44 PASSED AND ADOPTED this day of May, 2003. 45 46 ATTEST: APPROVED: 47 48 CITY CLERK MAYOR 49' 50 51 READ AND APPROVED AS TO FORM: 52 CITY ATTORNEY v SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Sanford Youkilis Acting City Manager VIA: Cokes Watson, r. Chief of Police FROM: Lieutenant Bruce H. Ross Administrative Division Comman DATE: May 6, 2003 SUBJE Special Event Permit-Team `Footworks`5 K Run/Walk - 2003 Estimate for extra -duty Police Officers Over the last few years, this event has become very popular and the number of participants as well as the spectators have increased. Also, I have taken into account the increase traffic from the Shops at Sunset Place. I am recommending one (1) supervisor and ten (10) police officers for traffic control for this event which will be held on Saturday June 7, 2003 from 1830 to approximately 2130 hours` at SW 58 AV & SW 74 ST. * *1 supervisor @ $35.00 per hour for 3 Hours = $105.00 * *10 officers @ $25.50 per hour for 3 hours = $765.00 * *11 radios @;$ 3.00 per day for 1 day = $ 33.00 Total Estimated Cost $903.00 Note: Estimated cost does not include the cost of barricades or cleanup. ti South Miami City of South Miami F I a r i a a t 6130 Sunset Drive, .W,> IONIC _ff� ,r t: South Miami, Florida 33143 a a ' p m 4> SPECIAL EVENT PERMIT APPLICATION. 2001 Application for the purpose of conducting a Special Event in the City of South Miami shall be fated in the City Manager's Office, not less than twenty -one (21) days Prior to the effective date together with all the requirements. Name of Organization -�f � A)eS Telephone 3cas • 666.71-43 (Office) j o S '667• .add (Home) Address of Organization kAt✓6' Sourw M(.4. "I tte! 314 3 Name of Principal Officers and/or manager of Organization: President N 4t,-0-4 vs5:A Secretary �9r ai✓�3` I Address eSAwr AWIV rS Address 3�dvn6 a ✓s Office Phone l Office Phone E-mail Address E -mail Address 6U Vie ®- �ac�d`�Sw� c t1'•ww� Briefly describe event and purpose: 5�„h eve 4- tjnc lr {. �2 !A �;4 Location of Event: (Name Streets /City Park) % &—i S% (A rental fee will be applicable if a City Park is being utilized. Reservations are made through the Parks & Recreation Department (305) 663- 6319). The proposed date(s) and hours of operation: Set -up dates and times 7 J" 0 3 few e Clean -up completed by __2__ Jrpja o N ' i0t cv r* Time of Actual Event: From: 7,!!fp m (ai ) To: 8roo (am/Mm .�''°.''_.� —'m'. r,� .... ,T, .., ,. , j' ...5:w:.'> °s .gib. - #'Z : s Please give any additional information deemed pertinent to this application: The following person(s) will be in direct charge of the conducting the activities: Name Address � Phone c% Anf 1 e�3� .5 7,246 c�srP �1rt ` c)�tKt r1r ��SbG 7LL3 Name (s) of person(s) who must be on site with authority other than applicant to expend funds or make major changes in case of an emergency: Name Address Phone The following firm(s) will be utilized to promote this event: Name Address Phone Approximate number of. Participants 900 Spectators It" General Requirements: In the event of a parade, a permit from the South Miami Police Department must be obtained. Contact person: Lieutenant Bruce Ross 305 -663- 6313. When Zrki m any public street, curband/or right -of -way no permanent marking substance may be used. mar g agents must be removed immediately after the completion of the event. Please initia Barricades shall require an additional rental fee established by the Public Works Department. Page 3 Any temporary cover for stations such as a canopy shall be flame retardant and applicant shall provide proof of such certificate No pegs, stakes, or anchoring devices shall be driven into concrete, asphalt, or City hardened right- of-way. Please initial If Police service for traffic and/or crowd control is required, arrangements will be made through the City of South Miami Police Department for off -duty Police officers. The Police Department will determine the number of officers required. ➢ Specific Reguirements• All organizations sponsoring special events using public progeny or public streets within the Cif of South Miami must receive prior approval by resolution from the South Miami City Commission The resolution must 'include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event. The adopted resolution may also specify an additional monetary contribution to be made by the organization to the City the resolution shall' specify as how the additional monetary contribution is to be used by the City. ✓ Map of route or site plan of the scheduled event including all stations and descriptions of activities. ✓ A majority vote of approval (one -month in advance) by the City Commission will be required for large events. ✓ Deposit of Six Hundred Dollars ($600.00) to defray cost of litter clean -up, must accompany application plus permit fee of $60.00. If clean -up is not required, deposit may be refunded. The litter deposit may differ depending upon the event. •- The following schedules of fees could be imposed for any special event; they are ,as followed: ❖ Public Works — The average hourly rates are approximate $20.00 per employee, per hour. ❖ Barricades: The average hourly rate for 125 Barricades for one 1 day usage is approximately $75.00. ❖ Approximate dollar(s) for Police Officers: Extra duty pay for Snnervisor is $35.00 per hour. Extra duty pay for Officer is $25.50 per hour. ❖ One time radio fee: $3.00 per officer, per day, per radio ❖ Cost of Meters: $15.00 per day, per meter. -'m �; ur;� � - �m,``*N „;,*Y^„^r,�;?_"�.`�;, . rE a„ r.. "�. ;tea `'�<..a, a . .,;.�f. ,'''F,,. pr"-°, ,r s,:¢. - .r.- ° v-',•,�`.; s� - gr �, „ .,;. ;rr-s : ro r. u.s�!r, Page 4 •`r Banner fee: $75.00 (This fee does not include the placement of the banner ).. Hanging and Removal of a banner $200.00 (Cost incurred by the City );I' , For Grant Recipients: Payment of these chares' could be deducted from the designate grant amount approved by the City. ➢ Public liability insurance coverage certificate naming the City of South Miami as an additional insured for the time, date, place and name of the event, in the amount of $1,000,000 is required prior to the event! Signed: Name Title Address S L Phone 105 � (, 6 7 LL-1 Subscribed and sworn to before me, this day of 200. aa4t! �k' INkonga payee Wx� *my Commission CCaw30a Nota C State Florida at Large f°''. ""o, Expires August 16, 2003 Application Fee: $60.00 Received by y Date *Y/0 3 Time pth a REVIEW BY CITY OF SOUTH MIAMI DEPARTMENTS (Provide estimate of number of personnel required from your department to provide appropriate services for this event, along with an estimate of cost to applicant). City otSouth Miami Police Department Public Works Department Authorized Signature Authorized Signature_ Recreation Department APPROVAL BY .CTT Y MANAGER Date Authorized' Signature nemtitc rtoNro specs E mizoo3 P RESOLUTION NO. 27-03-11576 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO TrT. T E TTING FORTH A POT ICY ON FUNDING L SPECIAL EVENTS AND COSTS ASSOCIATED WITH SPECIAL EVENTS AND; PROVIDING AN EFFECTIVE DATE. WHEREAS, public property and public street locations within the City of South Miami are used by organizations for special events which are beneficial to the City and its residents; and WHEREAS, such special events may require City services and resources to be expended in order to provide security, clean up, banner hanging, street blocking, covering of parking meters; and WHEREAS, the Mayor and City Commission desire set forth a policy requiring reimbursement to the City for all revenues lost or expenditures made for special events. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIANII, FLOIRDA, AS FOLLOWS: Section 1. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must reimburse the City for all City revenue loses, and City expenditures associated with the approved special event. Section 2. All organizations sponsoring special events ;using public property or public streets within the City of South Miami must receive approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event.` Section 3. The resolution described in Section 2 above may also specify an additional monetary contribution to be made by the organization 'to the City; the resolution shall specify as how the additional monetary contribution is to be used bythe City. Section 4. All organizations sponsoring an approved special event which closes a public street within the City of South Miami, must provide in advance, a petition signed by a majority of businesses facing the street affected by the approved special event. Section 5. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must agree in writing as to pay the actual the amount of City revenue loses and final City expenditures associated with the approved special event.` 7 -03 -11 576 (2) Sedio n or , streets within the City of South Miami which have been allocated monetary grants in the adopted City Budget, should pay for the required reimbursement from the designated monetary grant. Section 7. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 18th , day of February _, 2003. ATTEST: APPROVED: CI CLERK MAYOR READ AS TO FORM: Commission Vote: 5 -0 Mayor Feliu Yea Vice Mayor Russell Yea Commission Bethel Yea Y ATTORNEY Commission McCrea Yea Commissioner Wiscombe Yea i South Miami F o r 1 d a tom' F �,ti tii: City of South Miami 6130 Sunset Drive � South Miami, Florida 33143 305-668-2510 Fax # 305 -663 -6345 2001 Reauest Application for the purpose of requesting permission from the City to display banners promoting events. Priority will be given to businesses and organizations in South Miami. Name of Organization: Telephone Address of Organization Contact Person: Title of above mentioned: Phone Number Cell # Briefly describe event for which you wish to display a banner in South Miami. Event Date (s) Dates you want banner displayed- From o Location ➢ A fee of $75.00 is uired to reserve one 1 banners ace 3 ole a s are available: one 1 on the west si a of Sunset Drive and two 2 of on the east side Su et Drive. A fee of 5200. is re uired to cover cost incurred by the City to-hane and remove the banner. Received by Check # ➢ Attachments Required: Proof of Insurance Received Banner design Received Approved Date City Manager Banners must be delivered to: City of South Miami Public Works Department 4795 SW 75 Avenue South Miami, Florida 33143 (305)'663 -6350 ➢ Banners will be displayed 10 —14 days prior to the Event. Banner Specifications — 30 Feet Long X 3 Feet Wide, 100 Feet of 3/a "nylon rope with hooks and banners must have vents. May 16 03 03:22p Team FootWorks 305- 667 -9760 p•1 5724 Sunset Drive otki; South Miami, FL 33143 fW Phone: (305) 667 -9322 Fax: (305) 667 =9760 fax cover sheet Date: Number of pages: (Including cover page) To: M am From: Phone: (305) 667 -9322 Fax: �O�P -63 Fax: (305) 667 -9760 FYI ❑ Please call ❑ Per your request ❑ Sign & fax back ❑ Original in mail' C•La r►ee RD)-de, s f;r CBS,' [,rrcn Wo (y�s A floc► ro4+ SDI (E) 3 www.footworksmiami. corn "Where runners feel at home. running event calendar 9 race results fitness programs gift certificates rung shoes sport s anc]alals �. ,r^� -fi'3=.,^n, -�-°"^ n " rrz,!if �"';?;FS �, „xF, t.•h��^t ±\ is s",?E' °� s _ ";'Pit�-;^5r; "i ^"?,`r- '�-�� -"+" -,ten ^s ,�ilr. May 16 03 03:23p Team FootWorks 305- 667 -9760 p•2 2003 NOW, Pickup: Foot'Works At FootWorks, 5724 Sunset Dr., South Miami May 26 — 30 9am to 7pm June 1 noon to 6pm May 31 9am to 6pm June 2 — 6 9am to 7pm Or on race day, June 7, from 9am to 4pm at T, W1 dht 1, FootWorks — then at the race site from 5pm to 7pm. Runners Awards- -�INalkers Awards Top five finishers overall in both the male and female categories will each receive FootWorks :p Gift Certificates. This is a judged walking event. No age group awards in the walk division. - Saturday, June 7, 2003 • 7:OOPM • South Miami register online at www.footworksmiami.com' GREATrace course • post -race refreshments • awards Firs�t N _ - . -- . -•�.-- Bank South Miami Vp SitYaml _ r R,fr Hospital —..— — a — — — - — — — — — —.— —.— — — — — — — — - - - — — — — r s'— — — - a Twilight 5K Run/Walk Saturday, June 7, 2003 South Miami Please Print Clemy LLLLL.LLLLL.L LL LLLLLLLLLLL LL M1 Last Name First Name Age On Sex Official Use Only Home Address Day ofaace Birthdate LLI_LLLLLLLLLLLLLLLLLLLLLLL LL-LL-LL Street Month Day' Year l_LLLL L- LLLLLLLL.LLL LL LLL- LLL -LLL L ooa xL Zip Code city State Telephone (Daytime) TShirt Site $18, 5K events (through June 6) ❑ $10,14 & under (through June 6) Mail entry form and payment to: TeamFootWorks (305) 666-RACE • Fax: (305) 667 -9760 $25, everyone on race day (June 7) No entry accepted without fee. 5724 Sunset Drive, South Miami, FL 33143. www.footworksmiami.com ' I have enclosed an additional donation to (Unless i'ndi'cated, we will split your donation The After School House and Charlee Homes for Children for $ evenly between the two charities) TOTAL enclosed $ Credit card Number Expiration Date Make check payable to: LLLL-LLLL-LLLL-LLLL LL-LL ❑ ❑ n TeamFootWorks Month Year 5K Run 5K Walk Wheelchair Please read and slgn this waiver Waiver., IknowthatperidpoUngl name /walkeventispotenti%Vhazardous. twilinotemerand participate unless fam medicallyable and properly trained. I agree toabidebyanydecisionofaraceo( ficial relativetomyabditylosaielyeomplabi theevent. lassumeallrisksassociatedwiththeevent ,including,butnotlimitedto, fags, conlactwi tholherpamdpants,lheeffectsof weather, incl udinghighheatandlorhumld' dy, Ihecondil ionsoflheroodandira fficanlhecourse. Alloflheserisks are-known and appreciatedbyme. Havingread thlawalverand knowing these facts, and in consideration ofyDurameplance of my entry, 1, for myself, andanyone acting on my behalf, waive, release and hold harmlessTeamFoolWorks, the Road Runners Club ofAmarica, all suppliers, all sponsors, bicludmg, but not limited to, South Miami Hospital; and its affiliates, the City of South Miami, all the aforementioned named parties' respective directors, officers, employees, agents; assigns, representatives and successors and any individual or group associated therewith, from andagainst all claims, damages, liabilities, costs and expenses, of any kind, including reasonable afteen ' fees, a rising out of myparticipafionin this event even though that liability may arise out of my negligence or carelessness; and /or tie negligence or carelessness of any individual or organization named in this waiver. I giant permission to all of lire foregoing to use any photographs, motion' pictures, mmrdings,verbafurwritum statements, oranyother record of thisevenl, foreny legitimate purpose. l am ollegal age, have read this release, fully understand iF andfreelyagree to all of ifs terms. X Signature Parent or Guardian's Signature if under age 18 Date Your E -Mail Address (Fill -in if you would like to be notified of upcoming FootWorks events and running news. This is a private Usti) "^x„,:, r?..:°�mc�^c":: °... "� -max uPa,'^*r, -�'y xr,°^„ mT�a'g.- ^G'9 pw.r 'i,?- !`+'t`, ,n^"..'��tF„ "T'+T �l;., tv.3 .,d „""``, 7,`,y*?' 37"., t'a �'f.�ti"r1':tin" --4'. ,-•'f•., -°` 1"COF D, CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 03/102003 PRODUCER (260)482 -5455 FAX (260)483 -6297 Diller -Smith & Associates 2526 Scotswol de Dr. P.O. Box 8517 Ft. Wayne, IN 46808 THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED American Association of Running Clubs 3097 E. Shadowlawn Ave. Atlanta, GA 30305 I INSURERA: NATIONWIDE LILFE INSURANCE COMP NY INSURERB: COMBINED SPECIALTY INSURANCE COMPANY LIMITS INSURER C INSURER D: 9B -T7- 00000009709 -00 INSURERS 12 : 01AM COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS rSHOWN 'MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD' NqR TYPE OF7NSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 9B -T7- 00000009709 -00 ` 12 : 01AM 12 : 01AM EACH OCCURRENCE $ 1, 000 , 00 rINSR X COMMERCIAL GENERALLIABILITY: OZ/Ol/2003 OZ/Ol/2004 'DAMAGE TO RENTED $ 3OO OO CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5 ' 00 PARTICIPANT LEGAL PERSONAL & ADV INJURY $ 1,000,000 LIAR. INCLUDED GENERAL AGGREGATE $ NON GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ ` 1,000,000 POLICY M jERCor M LOC AUTOMOBILE LIABILITY ANY AUTO 9B —T7- 00000009712 -00 12:01AM 01/01/2003 12:01AM 01/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC z$ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR -CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS' COMPENSATION AND ' LIMIT 0TH - TWOCRYS TATU EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE 'OFFICER/MEMBER.EXCLUDED7... - - E.L. EACH ACCIDENT $ _ E.L. DISEASE - EA. EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ A ENT/MEDICAL- CESS_ 6A -SPX- 00000000594 -00 12:01AM 01/01/2003 12:01AM 01/01/2004 525,000 WITH A $500 PER CLAIM DEDUCTIBLE - -- ACCIDENTAL DEATH AND DISMEMBERMENT: NONE ER7 =FrICATEP HOLDER LISATNAMEDH�AS S/�1N ADDITI ADDED INSURED AS RESPECTS TO THEIR INTERESTS IN THE OPERATIONS F THE NAMED INSURED. EVENT:5K RUN WALK TWILIGHT 5K )ATE OF EVENT:6 /7/03 ENSURED CLUB :TEAM FOOTWORKS,ATT JOHN HANS HUSEBY,5724 SUNSET DR., SO. MIAMI, FL. 33143 -5316 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING: INSURER WILL ENDEAVOR TO MAIL 03/10/03 CITY OF SOUTH MIAMI _30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ATT DIANA = MORRIS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 6130` SUNSET DRIVE I OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . SO. MIAMI, FL 33143 Sohn Lefever SAA ACORD 25 (2001108) FAX: (305)663 -6345 ©ACORD CORPORATION 1988 81 ST 82 ST 83 ST -► ® - LU co a e 1 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, ;INCREASING QUORUM FROM THREE TO FIVE, 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. On May 6, 2003, the City Commission voted to approve the ordinance on first reading, with the additional provision that the quorum requirement be raised from three (3) members to five (5) members. RECOMMENDATION While the attempt to broaden the membership of the ERPB to include other professionals is laudable, the proposal to change the quorum requirement from three to five members is problematic. After thorough discussions with the City's professional staff and members of the ERPB Board, Planning Department staff has concluded that the smooth running and adequate functioning of the ERPB will most certainly be affected by the increase in the quorum requirement, even with the addition of additional members. s;�,r ERPB Membership Ordinance May 20, 2003 Page 2 of 2 RECOMMENDATION Based upon the above analysis, the Department recommends DENIAL of the Ordinance upon second reading public hearing. Attachments: Draft Resolution SAY/RGL K: \Comm Items\ 2003\05- 20- 03TRPB membership increase report.doc n 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- 6.1(C) OF 8 THE SOUTH MIAMI LAND DEVELOPMENT _ CODE, TO INCREASE 9 MEMBERSHIP OF THE ERPB TO NINE MEMBERS,` INCREASING QUORUM 10 FROM THREE TO FIVE, AND REQUIRE THAT AT LEAST ONE MEMBER BE 11 FROM THE LANDSCAPE ARCHITECTURE PROFESSION; PROVIDING FOR 12 AN EFFECTIVE DATE. 13 14 WHEREAS, Section 20- 6.1(c) of the South Miami Land Development Code specifies the 15 establishment and membership of the environmental review and preservation board (ERPB); and, 16 17 WHEREAS, the current code specifies that the ERPB shall consist of seven (7) members who reside 18 or work in the city; and 19 20 WHEREAS, the membership of the ERPB at this time does not contain any members from the field 21 of landscape architecture, and 22 23 WHEREAS, the City Commission deems it advisable that the ERPB should contain at least one 24 member with landscape architecture experience; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. That Section 20 -6.1 entitled "Environmental Review and Preservation Board," 30 of the City's Land Development Code, is hereby amended to read as follows: 31 32 (C) Environmental, Review and Preservation Board. 33 34 (1) Establishment and Membership. 35 36 (a) An environmental review and preservation board is hereby created which 37 shall consist of seven (7) nine 9 members who reside or work in the city. 38 39 i. The mayor, with the advice and consent of the city commission, shall 40 appoint the members of the board. 41 42 43 44 45 46 47 48 49 50 51 ii. Board membership shall include at least one (1)_ landscape architect, and two (2), but no more than four (4), architects or- l afehite licensed to practice in the State of Florida. l 2 3 4 (4) Procedures. 5 6 (a) Quorum and voting. 7 8 i. A quorum shall be five 5 thfee (3) members. 9 10 11 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this 12 ordinance are hereby repealed. 13 14 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held 15 invalid or unconstitutional by court of competent jurisdiction, this holding shall not affect the 16 validity of the remaining portions of this ordinance. 17 18 Section 4 This ordinance shall be effective immediately after the adoption hereof. 19 20 21 PASSED AND ADOPTED this _ day.of , 2003. 22 23 24 ATTEST: APPROVED: 25 26 27 28 29 CITY CLERK MAYOR 30 31 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 32 Mayor Feliu: 33 Vice -Mayor Russell; 34 Commissioner Bethel: 35 Commissioner Wiscombe 36 CITY ATTORNEY Commissioner McCrea: 37 38 39 K: \PB\PB Agendas Staff Reports\2003 Agendas Staff Reports \03- 25- 03 \ERPB membership increase Reso.doc 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: s ,,.4 ,:�,�. =-E" *m �,_? rk ,.,m<, ys- ..,5. r,-= ^"_�;.,"a�„`'`�'`,:•, r;"i3 ; ir'�?s< f LDC Amendment Social Service Agencies May 20, 2003 Page 2 of 2 Recently, Fello w ship `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 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. On March 25, the Planning Board reviewed the proposed ordinance and voted 5 -0 to recommend approval of the ordinance. On May 6, 2003, the City Commission voted to approve the ordinance on first reading. 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. Therefore, the Department recommends approval of the ordinance, APPROVAL of the ordinance upon second reading public hearing. Attachments: Draft Ordinance SAY/RGL K: \Comm Items\2003 \04 -22 -03 \social svc agency report.doc I 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 1 I 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 Commission 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 March 25, 2003, the Planning Board held a public hearing on the issue and voted 5 -0 23 to recommend approval of 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 I 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 32 33 Section 20 -3.3 (D) Permitted Use Schedule 34 35 36 37 PUBLIC AND INSTITUTIONAL USES Social Services ZONING DISTRICT 1 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 0 0 0 R R R' 0 0 0 0 0 l0 I R O A 1 2 3 4 5 6 9' M 2 S 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 PUBLIC AND INSTITUTIONAL USES Social Services 1 P 'P P P P P 'P P P P Agency l0 S S S S S S S S S S * Parking requirement category; I space per 300 sq.ft gross floor area ( NOTE: New wording in bold- underlined) 1 1 2 3 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 4 hereby repealed. 5 6 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or 7 unconstitutional by a court of competent jurisdiction, this holding shall' not affect the validity of the 8 remaining portions of this ordinance. 9 10 Section 4. This ordinance shall be effective immediately after the adoption hereof. 11 12 13 PASSED AND ADOPTED this day of , 2003 14 15 ATTEST: APPROVED: 16 17 18 19 CITY CLERK MAYOR 20 21 1St Reading 22 2nd Reading_ 23 COMMISSION VOTE: 24 READ AND APPROVED AS TO FORM: Mayor Feliu: 25 Vice Mayor Russell 26 Commissioner McCrea: 27 Commissioner Bethel: 28 Commissioner Wiscombe: 29 CITY ATTORNEY 2 so U T South Miami 10, bftd � � A11- AmedcaGiiY INCORPORATED �. 1927- ®: C'o nio 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 20, 2003 City Commission 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 a 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. On May 6, 2002, the City Commission voted to approve the ordinance on first reading. RECOMMENDATION APPROVAL of the Ordinance upon second reading public hearing. Attachments: Draft Ordinance SAY/RGL K: \Comm Items\2003 \05 -20 -03 \code enf bd report.doc r�,4U.;.z05➢'P'. 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 appropriate; 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 Efig em °r* r ewr-,a 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 operation. 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 1. 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 Gode Enfor -eemen 13 B. 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. 20 21 , 22 , 23 buildiRg, zoming, sign and other- related or-difianees of the eit�- 24 25 26 have bem appeifl4ed and qualified. Appoin4ments fef unexpired tefms shall be fep4he 27 28 29 (F) Appegate Be6k 30 31 (1) The eity sha4l ser-,,e as the appellate body for a4l appeals of 33 34 (2) — E)diausfion of -efned 35 36 37 de4efmiaafien may apply to the eotu4 fer relief upAess he of she has fifst 38 exhatisted the femedies provided for hefein and taken a4l available steps 39 provided in this Gode NUFM 1 3 pr-eser-ibed tmde . this Code and state law. 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.doc o South Miami KKEM c; CITY OF SOUTH MIAMI INCORPORATED � 1927 o R -to Excellence, Integrity, Inclusion 2f1133 TO: Honorable Mayor, Vice Mayor DATE: May 20, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manage RE: Authorization to hire Recreation Leader RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO FILL RECENTLY VACATED POSITION, RECREATION LEADER, AND CONVERT INTO TWO PART TIME POSITIONS, - NOTHWITHSTANDING THE CURRENT HIRING FREEZE; PROVIDING AN EFFECTIVE DATE. BACKGROUND The City Commission had directed the City Manger to freeze all positions that were considered non - critical life saving personnel. Any request to hire for new positions or to fill a,vacated position requires the 'approval of the City Commission. A Recreation Leader position has become vacant in the Parks and Recreation Department and we are requesting to convert this position into two part-time positions. If approved, this would be a reduction in savings since part-time employees are not eligible for any benefits with the City. RECOMMENDATION Approval is recommended. attachments 1. Resolution. 2. Resolution no. 103 -01- 11251. SAY /je I 0� SoU T South Miami 2 3 ; CITY OF SOUTH MIAMI' 4 • INCORPORATED 1927 5 �C o Rve �' Excellence,. Integrity, Inclusion 6 2001 7 8 9 TO: Honorable Mayor, Vice Mayor DATE: May 20, 2003 10 & City Commission 11 12 FROM: Sanford A. Youkilis ITEM No. 13 Acting City Manager, RE: Authorization to hire Recreation 14 Leader 15 16 17 18 RESOLUTION 19 20 A RESOLUTION OF THE MAYOR AND CITY 21 ' COMMISSION OF THE CITY OF , SOUTH MIAMI, 22 FLORIDA RELATED TO 2002 -2003 FISCAL YEAR 23 BUDGET; AUTHORIZING THE CITY MANAGER TO 24 FILL RECENTLY VACATED POSITION, RECREATION 25 LEADER, AND CONVERT INTO TWO PART TIME 26 POSITIONS, NOTHWITHSTANDING THE CURRENT 27 HIRING FREEZE; PROVIDING AN EFFECTIVE DATE. 28 29 _BACKGROUND 30 31 The City Commission had directed the City Manger to freeze all positions that were considered non- 32 critical life saving personnel. Any request to hire for new positions or to fill a vacated position 33 requires the approval of the City Commission. A Recreation Leader position has become vacant in the 34 Parks and Recreation Department and we are requesting to convert this position into two ,part-time 35 positions. If approved, this would be a reduction in savings since part-time employees are not eligible 36 for any benefits with the City. 37 38 RECOMMENDATION 39 Approval is recommended. 40 41 attachments 42 43 1. Resolution. 44 2. Resolution no. 103 -01- 11251. 45 46 SAY /je 47 c�r�'ac� .�'n ,+'��•°�n„°- r:, z�.�%�� .. �,n',r .s�"".w.� Fn,:, -.... .. .- a�,�:. ., z..:?a.; r-;m ., - >r.,, �m ..-�m,�^r�.-�r-�^R.,� ... ^'::� r;. �;�.�°er - +a¢��....ra,.lr , r , ate.. .,,� 3 � .t�.-� �:,.,, t'..�:ak� �F z. . -1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE ` CITY OF SOUTH MIAMI, 5 FLORIDA RELATED TO 2002 -2003 FISCAL YEAR 6 BUDGET; AUTHORIZING THE CITY MANAGER TO 7 FILL RECENTLY VACATED POSITION, RECREATION 8 LEADER, AND CONVERT INTO TWO PART TIME 9 POSITIONS, NOTHWITHSTANDING THE CURRENT 10 HIRING FREEZE; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission had directed the City Manager to place a hiring freeze on all non- 13 critical life saving positions due to current revenue conditions (Resolution no. 103-01-1125 1); and 14 WHEREAS, any requests to hire new employees must be authorized by City Commission; and 15 WHEREAS, staffing is below minimum levels which makes it critical that this position be filled. 16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 17 THE CITY OF SOUTH MIAMI, FLORIDA: 18 SECTION 1.That the, City Manager is hereby authori zed to fill the following vacant position: 19 a. Recreation Leader (convert into two part time positions in Parks and Recreation Department). 20 SECTION 2. 21 This Resolution shall take effect immediately upon approval. 22 PASSED AND ADOPTED THIS DAY OF 2003. 23 APPROVED: 24 25 MAYOR 26- ATTEST: 27 28 CITY CLERK 29 30 READ AND APPROVED AS TO FORM: Commission Vote: 31 Mayor Horace G. Feliu 32 Vice Mayor May Scott Russell 33 CITY ATTORNEY Commissioner David D. Bethel 34 Commissioner Dan McCrea 35 Commissioner Randy G. Wiscombe SOUT South Miami o� � y _ U CITY OF SOUTH MIAMI INCORPORATED'O Excellence, Integrity, Inclusion 7.827 C p Rq® P 2.001 TO: Honorable Mayor, Vice Mayor DATE: May 06, 2003 & City Commission FROM: Sanford A. Youkilis ITEM NO. Acting City Manager RE: Authorizing 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 APPROVING THE ACTION OF THE BOARD OF TRUSTEES FOR THE CITY OF SOUTH MIAMI PENSION PLAN AND THE CITY OF SOUTH MIAMI POLICE OFFICERS' RETIREMENT PLAN, CONTRACTING WITH TRUSCO CAPITAL MANAGEMENT TO PROVIDE INVESTMENT MANAGEMENT SERVICES TO THE BOARDS; CHARGING THE AMOUNT TO THE PENSION PLAN; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND Recently, the City' Pension Board made a business decision to solicit bids to replace Invesco as the 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. The three 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 in excess of $2 billion in assets for over 100 municipal clients. Attached with 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` �W, 1 RESOLUTION NO. 2 3 A ' RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA APPROVING THE ACTION OF THE BOARD 6 OF TRUSTEES FOR THE" CITY OF SOUTH MIAMI 7 PENSION PLAN AND THE CITY OF SOUTH MIAMI 8 POLICE OFFFICERS' RETIREMENT PLAN, 9 CONTRACTING WITH TRUSCO CAPITAL 10 MANAGEMENT TO PROVIDE INVESTMENT 11 MANAGEMENT SERVICES TO THE BOARD; 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the City of South Miami Pension Plan and the City of South Miami Police 15 Officers' Retirement Plan employed the firm of INVESCO Capital Management to provide 16 investment, management services; and 17 WHEREAS, the investment consultant firm, Merrill Lynch, recommended that 18 INVESCO Capital Management be replaced due to non compliance with investment guidelines, 19 poor performance both short and long term; and 20 WHEREAS, the Board of Trustees for the City of South Miami Pension Plan and the 21 City of South Miami Police Officers' Retirement Plan have the authority, under sections 16- 22 20(c) and 16 -37 of the South Miami Code to engage such services. 23 NOW, THEREFORE, BE IT; RESOLVED BY THE MAYOR - AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 25 Section 1. The Board of Trustees for the City of South Miami Pension Plan and the 26 City of South Miami Police Officers' Retirement Plan, per Section 16 -20(c) and 16 -37 of the 27 South Miami Code received bids from three (3) investment management service firms. These 28 investment management firms were Chase Investment Counsel Corp., Rorer Asset Management 29 and Trusco Capital Management and were recommended by the boards' consultant, Merrill 30 Lynch after an extensive search and screening process. I ' Section 2. The Board of Trustees reviewed the three (3) proposals and selected 2 Trusco Capital Management to provided investment management services to the Plans. 3 Section 3. The Board of Trustees for the City of South Miami Pension Plan and the 4 City of South Miami Police Officers' Retirement Plan request that the City Commission approve, 5 as a ministerial act the described action of the Board of Trustees. 6 Section 4 This resolution shall take effect upon adoption. 7 8 PASSED AND ADOPTED THIS DAY OF , 2003 9 10 APPROVED: 11 12 13 14 15 MAYOR 16 17 18 ATTEST 19 20 21 22 23 ` CITY CLERK 24 25 READ AND APPROVED AS TO FORM: Commission Vote: 26 27 Mayor Horace G. Feliu 28 Vice Mayor Mary Scott Russell , 29 CITY ATTORNEY Commissioner David D. Bethel 30 Commissioner Dan McCrea 31 Commissioner' Randy G. Wiscombe 32 33 G: \ \SMPF\ PLAN \Resolution- InvestmentManager 2 APR -21 -03 MON 10:35 AM FAX NO, P. 02 Steve Cordon Vice President j, 300 South Crango Avenue ��L suite 1600 G T Orlando, FL 32801 Mardi 24,'003 ms, 31vanette Enrizo Navarra AdIIlillititrtttivc AssislalYt g()ttth Mi atlli Pensiou Plan 613[1 ;j1111SG1 Dvivc; Sollill Miami, lei-; 33143 ltl.: Rowisvd Pee StrUctUrc N4,9, l orizo- Navarro'. Thonk yotil tl ah fOr 80100419'frt�icc Capital Manap-mlit to nzatiagc the il4sets at'tlic Souill. Minn11 Pension ?1011. W e ktre axc]led try this new opportunity, 4lrlcl tc�t�lc.li�rwllr�l to l{7ng and mutually 1 e"dleiat rclai.ionship with the City, the RetifCllll Tel 13 {itli'41 anCl lllc licip 111ts cif yclir p1,111, ulloa Qertificallon of tlYU C'Ommission. I' w;iiatucl to 11se this totter to rest�-lte il, writiltg out" t`, {)t11miU11C1A to 1' ianage the a.CiSOts 01' Your l'lercti 'lt 5o hfls ,4 polltts on the n arket value of the uyscts. l can boreadied at 407- "I,57 8 {�r alt the ti �lcl+lr`iwss sltozllcl yoll dlave any questions as we proc{tvci With 11110 tgjn.tition. Again, Nvc aPprcQ, ,to yrsttr sojeetion (]i`'11'll,,,co Ciipitat Man£1genienL and loo fotvward Io wL r&,ilig will, yotl tln{l the 'board. `�i lctircrly, Stt.vc:n l's. CioMoll /`Dice Presidoxit 300 South Ormige Ave„ suite 1600, C7rlando, Ft_ 32601 Phone: 407-2375758: l=ax: 4107 - 237 -6996; E -mail: steve,gordon trtac�cocapital,com SoUTtr South Wami. O� 'f u CITY OF SOUTH MIAMI INCORPORATED a .1.927 y t o R V Excellence, Integrity, Inclusion 2001 TO: Honorable Mayor, Vice Mayor DATE: May 20, 2003 & City Commission 400F' FROM: Sanford A. Youkilis ITEM No. Acting City Manag RE. Authorization to pay for expenses incurred for City Manager Search< RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING' TO SELECTION OF CITY MANAGER AUTHORIZING THE ACTING CITY MANAGER TO USE UP TO $10,000 FROM THE CASH RESERVE FOR ALL EXPENSES RELATING TO HIRING OF A NEW CITY MANAGER; PROVIDING AN EFFECTIVE DATE. BACKGROUND We are in the process of commencing the City Manager interview process within the next couple of weeks. The prospective candidates will be invited to the City for the interviews the week of June 6- 8th 2003. The cost of inviting these candidates to the City would include travel, lodging, food and all other miscellaneous expenses to be borne by the City. The City Administration wishes to request the sum of $10,000.00 from the Cash Reserve Fund to be utilized for the aforementioned expenses, advertisements and pre- employment process. RECOMMENDATION Approval is recommended: attachments 1. Resolution. SAY /je (. `F- '�'?.fi.=*k ?'a,. a`�Fi F.'+'fii {2°-'i` :rn.'n==m�:..z.F -"? s.m,F- E i;r„a�+'A. ^sr .., .,�",n,v, ..Ta, .. 3�s �..rt�t'C „ #<.'£,�- 'r'":?a" w`. .., .,.... .P.3., .'v_�`3""�"""Ru't}7T^ t.Pmr:93.T', s'.'�',^°°•- •''-Y'�.a � -+re:. N,:a �ia'.G�f:'it;�W '} ?,S,a'.. l RESOLUTION NO. 2 3- A RESOLUTION ` OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA RELATING TO SELECTION OF CITY 6 MANAGER AUTHORIZING THE ACTING CITY 7 MANAGER TO USE UP TO $1`0,000 FROM THE CASH 8 RESERVE FOR ALL EXPENSES RELATING TO 9 HIRING OF A NEW CITY MANAGER; PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission has approved a process for the 13 selection of a new City Manager; and 14 WHEREAS, as part of this process, the City Commission approved 15 the appointment of a five (5) member South Miami Citizen's Advisory 16 Committee to assist in the selection of the City Manager, and advertisement 17 in different publications for the job opening for a new City Manager; and 18 WHEREAS, the next step in the process involves interviewing of 19 the selected prospective candidates for the job by the Citizen's Committee 20 and the City Commission and; 21 WHEREAS, the prospective candidates will be invited to the City 22 to meet with the Selection Committee and the City Commission on June 6, 23 7, and 8th; 2003; and 24 WHEREAS, the cost of inviting these candidates to the City would 25 include travel, lodging, food, and other miscellaneous expenses to be borne 26 by the City; and 27 WHEREAS, the City Administration wishes to request for the sum 28 of up to $10,000 from the cash reserve to be used for the aforementioned 29 expenses, the background checks, and the advertisements. 30 31 s.Y;. .t"�. 3i PR' M,4 .�P ,ixi5 R:''"` ?Si Rw,, 1 2- _3 4 5 NOW THEREFORE ` BE IT RESOLVED BY THE MAYOR AND 6 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 7 Section 1. The Interim City Manager is authorized to use up to $10,000 8 from the cash reserve to be appropriated to various budget accounts being used to 9 pay for the cost of hiring the new City Manager. 10 Section 2. This resolution shall take affect immediately upon approval. 11 12 PASSED AND ADOPTED this day of 20 13 14 15 ATTEST: APPROVED 16 17 18 CITY CLERK MAYOR 19 20 21 COMMISSION VOTE 22 READ AND APPROVED AS TO FORM: Mayor Fehu: 23 Vice Mayor Russell: 24 Commissioner Wiscombe: 25 CITY ATTORNEY Commissioner Bethel`. 26 Commissioner McCrea: 27 28 29 Page 2 of 2 sou'r South Miami ti All-Amedca Q" i U .. CITY OF SOUTH MIAMI • INCORPORATED �t o a,o A Excellence, Integrity, Inclusion 2001 TO: Honorable Mayor, Vice Mayor DATE: May 20, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manage RE Reinstatement of John Hampton RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO EMPLOYMENT; AUTHORIZING PAYMENT OF BACK °PAY AND WAGES TO A REINSTATED EMPLOYEE IN THE AMOUNT OF $39,443.05 FROM THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. BACKGROUND In September 2001, former City Manager Charles D. Scurf, ordered an internal audit of all employees. Based upon this internal audit, John Hampton, a Public Works employee was terminated by Mr. Scurr; for making a material omission or misrepresentation on his employment application. Subsequently, Interim City Manager, Sandy A. Youkilis, determined that it is in the best interests of the City to modify the disciplinary policy to provide for suspension without pay for such misconduct, unless good cause is demonstrated for termination. Mr. Youkilis is uniformly administering the change in the City's disciplinary policy. Based upon his change of the disciplinary policy, Mr. Youkilis rescinded Mr. Scurr's decision to terminate_ Mr. Hampton. He reinstated Mr. Hampton as an employee, with back pay and other benefits in the amount of $25,962.29. He also granted Mr. Hampton any applicable seniority wage increases and suspended Mr. Hampton for 30 days without pay. Further, Mr. Youkilis is seeking to appropriate $13,480.76 from the Public Works Department budget to pay Mr. Hampton for the remainder of the fiscal year, as Mr. Hampton is a reinstated employee of the City and his salary is not accounted for under the current year's fiscal budget. Mr. Hampton's back salary and future salary is to be paid from the City's cash reserve. RECOMMENDATION Approval is recommended. Attachments - 1. Resolution. SAY /je NT 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA RELATING TO EMPLOYMENT; 6 AUTHORIZING PAYMENT OF BACK PAY AND 7 WAGES TO A REINSTATED EMPLOYEE IN THE 8 AMOUNT OF $39,443.05 FROM THE CASH RESERVE 9 FUND; PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the employment of John Hampton was terminated by 12 the former City Manager, Charles D. Scurr, for making a material omission 13 or misrepresentation on his employment applications; and, 14 WHEREAS, the Interim City Manager, Sandy A. Youklis, has 15 determined that it is in the best interests of the City to modify the 16 disciplinary policy to provide for suspension without pay for such 17 misconduct unless good cause is demonstrated for termination; and, 18 WHEREAS, the Interim City Manager has determined to rescind 19 the decision to terminate the employment of Mr. Hampton, to reinstate him 20 as an employee of the City, to pay back pay and other benefits in the 21 amount of $25,962.29, to ,grant any applicable seniority wage increase, and 22 to suspend him for 30 days without pay; and, 23 WHEREAS, the City Commission hereby authorized the 24 appropriation of $13,480.76 into appropriate accounts within the Public 25 Works department budget to pay Mr. Hampton for the remainder of this 26 fiscal year. 27 WHEREAS, the Interim City Manager desires the Mayor and City 28 Commission to authorize the use of funds in the cash reserve account to pay 29 for the cost of reinstatement: 30 Additions shown by underlining and deletions shown by evian4g6ng. I NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND 2 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 3 Section 1. The Interim City Manager is authorized to use funds in the 4 cash reserve account to pay for the cost of reinstatement of Mr. John Hampton 5 with back pay and benefits in the amount of $25,962.29. 6 Section 2. The City Commission hereby authorized the appropriation of 7 $13,480.76 into appropriate accounts within the Public Works department budget 8 to pay Mr. Hampton for the remainder of this fiscal year. 9 Section 2. This resolution, shall take affect immediately upon approval, 10 I I PASSED AND ADOPTED this day of 520. 12 13 14 ATTEST: APPROVED: 15 16 17 CITY CLERK MAYOR 18 19 20 COMMISSION VOTE; 21 READ AND APPROVED AS TO FORM: Mayor Feliu: 22 Vice Mayor Russell: 23 Commissioner Wiscombe: 24 CITY ATTORNEY Commissioner Bethel: 25 Commissioner McCrea: 26 27 28 29 \ \02srvplaw \prolaw\ Documents \0022\EAB\ 17988. doc -CSM reso /reinstate Hampton'' 30 Page 2 of 2 „s,�s., .. .. ,F„„h.f�'I�'{'.,r, (?�."^ � '.'1,'� „`. . , ,rc ,.. ,,:x„�, ”? p� =� �s�: .sa'. ,, F'r�`s,G.,:- --r `�••:? .�.^�;^ .'�`z?x, ;, .5TZ5n'n^s„��'�3; ,.�"4�i�;�_^° err '4 §eT�,r,..,'STm?,'.g+�rc,,,�; 9 #.x'�ef?�„trrG3+ S° U Tb South Miami EEZZU o �,r F CITY OF SOUTH MIAMI • INCORPORATED Excellence, Integrity, Inclusion 1527 P` eoexo TO: Honorable i Mayor, Vice Mayor DATE: May 06, 2003 & City Commission FROM: Sanford A. Youkilis ITEM NO. Acting City Manager RE: Authorizing the City Manager to enter into a contract with Benefit USA, Inc., to provide Administrative Services to the Pension Board. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ACTION OF THE BOARDS OF 'TRUSTEES FOR THE CITY OF SOUTH MIAMI PENSION PLAN AND THE CITY OF SOUTH MIAMI POLICE OFFICERS' RETIREMENT PLAN, CONTRACTING WITH BENEFITS USA, INC. TO PROVIDE ADMINISTRATIVE SERVICES TO THE BOARDS; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND Recently, the Pension Board requested that we solicit bids to outsource the pension administrative services performed by internal staff. As a Pension Administrator, the person is responsible to handle all administrative functions related to the Pension Plan. Currently, we have two employees that provide administrative services to these plans (General, Police and 185 Share Plan). Encompassing all tasks required "within that function takes up a lot of time, which detracts from other City duties assigned to the staff. For this reason, the Pension Board felt that it was necessary to outsource the service. Four proposals were received and they were as follows: Benefit USA, Administrative Services, the Pension Resource Center and Joan L. Wall. The proposals were reviewed by the 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 Benefit USA. Attached with the resolution is the schedule of services and fees. Payments will be charged directly against the Pension Fund bank account not to exceed $11,880 annually. RECOMMENDATION Approval is recommended. attachments 1. Draft Resolution SAY /je 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA APPROVING THE ACTION OF THE 6 BOARDS OF TRUSTEES FOR THE CITY OF SOUTH 7 MIAMI PENSION PLAN AND THE CITY OF SOUTH 8 MIAMI `` POLICE OFFICERS' RETIREMENT PLAN, 9 CONTRACTING WITH BENEFITS USA, INC. TO 10 PROVIDE ADMINISTRATIVE SERVICES TO THE 11 BOARDS; PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the City of South Miami Pension Plan and the City of South Miami 14 Police Officers' Retirement Plan utilizes City of South Miami employees to provide 15 administrative services and support; and 16 WHEREAS, the City recognizes that this is an additional responsibility and that 17 providing this service and support may on occasion detract from other city duties; and 18 WHEREAS, the Boards of Trustees for the City of South Miami Police Officers' 19 Retirement Plan have the authority, under sections 16-20(c) and 16 -37 of the South Miami 20 Code to engage such services. 21 NOW, 'THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 23 Section 1. The Boards of Trustees for the City of South Miami Pension Plan and 24 the City of South Miami Police Officers' Retirement Plan received per Section 16 -20(c) and 25 16 -37 of the South Miami Code bids from four (4) Administrative Service Firms. These 26 Administrative Service Firms were: The Pension Resource Center, Administrative Services, 27 Inc., Joan L. Wall and Benefits, USA, Inc. 28 1 Section 2. The Boards of Trustees reviewed the four (4) proposals and selected 29 Benefits, USA, Inc. to provide administrative services to the Plans. I Section 3. The Boards of Trustees for the City of South Miami Pension Plan and 2 the City of South Miami Police Officers' Retirement Plan request that the City Commission 3 approve, as a ministerial act, the described action of the Boards of Trustees. 4 Section 4. This resolution shall take effect upon adoption. 5 6 PASSED AND ADOPTED THIS DAY OF 12003 7 8 APPROVED: 9 10 11 12 13 MAYOR 14 15 16 ATTEST 17 18 19 20 21 CITY CLERK 22 23 READ AND APPROVED AS TO FORM: Commission Vote: 24 25 Mayor Horace G. Feliu 26 Vice Mayor Mary Scott Russell 27 CITY ATTORNEY Commissioner David D. Bethel 28 Commissioner Dan McCrea 29 Commissioner Randy G. Wiscombe 30 31 G: \ \SMPF \PLAN \Resolution - Administrator 2 SO III Z' O� y rr ATE. CITY OF SOUTH MIAMI INCORp0 7927 •�L0 x19a INTER- OFFICE MEMORANDUM To: Mayor and City Commission Dates May 6, 2003 Agenda Item # From: Sanford Youkilis Re:Comm. Mtg.,5/6/2003 Acting City Manage, Forensic Audit Services REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FORENSIC AUDIT, SELECTING THE FIRM OF FISKE AND COMPANY TO PROVIDE FORENSIC AUDIT SERVICE TO THE CITY ON THE FINANCIAL ACTIVITIES OF THE CITY FOR THE FISCAL YEARS ENDED 'SEPTEMBER 2000, SEPTEMBER 2001, SEPTEMBER` 2002, AND THE CURRENT FISCAL YEAR AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSTS This resolution is seeking your authorization for the City Manager to use up to $32,000 from the City current cash reserve balance of $1,200,000 for forensic audit services. The audit will be conducted on the financial activities of the City for the fiscal years ended September 2000, September 2001, September 2002, and the ongoing fiscal year. It will be a supplement to regular financial audit of the <City conducted for each of those fiscal years with the objective of providing recommendations to the City for controlling or reducing its expenses without' negative impact on the services currently being provided by the City. As requested by the City Commission, the City Administration obtained three quotes from different. Certified Public Accountants firms for this service. After reviewing the bids, the Administration has selected the firm` of Fiske & Company to perform the audit The auditors have provided us their proposals in two different phases. The phase 1 audit will focus on analysis of our revenues and expenses for the aforementioned fiscal years`. If necessary,` the second phase will focus on further investigation of material error or misappropriation discovered in the first phase. It should be noted that this service was not budgeted for in the current fiscal year, which is the reason I am requesting that you authorize the use of cash reserve to be appropriated to account number 001 - 1100 = 511.4120 to pay for it. RECOMMENDATION At this point in time, due to current City financial constraints it is recommended that no action be taken. SAY /HKO Attachment Draft resolution Proposal's _'mot,;; a �n,z, t � �;�u -�:, , � �,� —.�.w� -.fm . �t r .�:'�m�; -� - �.`_`• ,�`=b a s � ,�..: +.,., .. �._,. , -✓-� -- ,"s n �`-mp -" _. a� .._ .,,�.. ,�. r ."^'m. 4 .. �.. =2+F� .��fi"�? d3 t_F,- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FORENSIC` AUDIT, SELECTING THE FIRM OF'FISKE AND COMPANY TO PROVIDE FORENSIC AUDIT SERVICE TO THE CITY ON THE FINANCIAL ACTIVITIES OF THE CITY FOR THE FISCAL YEARS ENDED SEPTEMBER 2000, SEPTEMBER 2001, SEPTEMBER 2002, AND THE CURRENT FISCAL YEAR AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission °directed the City Administration to solicit proposals for forensic auditor` with the purpose of engaging the auditor to perform analysis of City's revenues, expenses for the last three fiscal years ended September 2000, September 2001, September 2002, and the current year; and WHEREAS, the City Commission also wishes to engage the auditor to provide recommendations of controlling or reducing City expenses without adverse impact on City services and WHEREAS, the City Administration has obtained proposals from three Certified Public Accountants firms listed below to perform the audit service FISKE & COMPANY LEWIS B. FREEMAN &_PARTNERS,_ INC. MORRISON, BROWN, ARGIZ & COMPANY WHEREAS, the proposals received from the above listed companies involve performing the audit in phases, with the 'first phase including, the services listed in the first two paragraphs above; and the second phase involving investigation into material error and misappropriation discovered in the first phase. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager hereby is authorized to engage the firm of Fiske & Company to perform the forensic audit as stated above in an amount not exceeding $12,000 for phase 1 and $20,000 for phase 2, if needed. Section 2. The City Commission hereby appropriates funds_ of up to $32,000 from the City cash 'reserve to account number 001-1100 - 511.3210 to pay for the audit services. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of` May '2003. ATTESTS APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Commission Vote: Mayor: Feliu Vice Mayor: Russell Commissioner: Bethel CITY ATTORNEY Commissioner: McCrea Commissioner: Wiscombe Ma 26, ?ti ti_ F,; SFr F1� <K� +COVIPF,rJY�9�4)?3E-8S�a c/4 FISKECERTIFIED PUBLic ACCOUNTANTS Y AND C oNSULTANTiS a March 25; 2003 Mr. Hakeem Oshikoya ' Finance Director City Of South Nliaxr�i 6130 Sunset IIrive South miand, Florida 33143' Dear Mr. 0shikoya: QuInderstar�dn Our Rode We are pleased to submit this letter Outlining the tmm of our engagement to analyzy the revenues, costs and operating expenses of the City of South ?viiwi (``City")- 04 initial phase of tlae engagement will include an. analysis of the City's revenues, costs .and expenses for the fiscal years elided 2000, 2001, 2002 and the rive months of the cwxeot fiscal year 2003 with the ob ective of assisting with recommendations of controlling or redu6ing those costs and expenses, without acherse impact on the services you provide. if the initial phase of tho engagement uncovers material etxors or misappropriations, a second pease will be required to investigate the material 'error :or misappropriation Ai tber. The involvement of you and your staff is critical to the success of the engagement, Therefore, we will need to meet with you and members of your staff several times duxaaig the engagement, and we will provide ample notice to arrange tlxewe meetings. Any written reports or other documents which z prepare are to be used only £spat. the PUT ose of this matter and may not be published or used For any other purpose without II my v, 6tten consont. Con lets We performed an intemlal search for any ]potential client conflicts based on the names of the pae6es you provided. 'We have not found any client convicts with respect to any of the parties. Lirnitation ofLiabilltv IvIlembers of. Amen= IrLkitute of Cert&ed Pubhe Accounts • Florida iastztute of Certi*ie+i Public. A.cc6mtlnts The Royal Palm Bu ld-& l.00o 5. Fwe island Road, Suite 440 • ?laxir .don, r londa K324­3904 (954) 236 -8600 • Pactimile (954) 236 -$603 lVebxite hrtpJ'axNr. fis.keeo .com •,Emau. fske @usKeco.cc,cn 7,�Tw-'K.. S ; S" 5"ur e!a . , d` .; x , . ? - ,a- - .�.-- `°" -`_` n - .- 'n';,pv -.,mF '„cF., ,2' ra?,,. � mow^° "Zj•,. _, , ; . ,,-m u-' ,'-',�"* R:. 'm,v; "'�'i^, .,n ,c„ ^- �"i` . i wvw, m Mar 25 20031 6:51%DM F1SK' -C ,PA,N'Y 14) 230 -800" No cQBO P- V4 Mr. Hakeern Oshikoya March 25, 2003 Page 2 of 4 You agree to hold our f m, its piutuers, and employees .harmless from any and all liabilities, casts, and expenses relating to this engagement, and expenses incurred by reason o � any action taken or committed to be taken, by bus in good faith. In no event tv li our firm be liable for incidental or conseq�Wntial damages even if we have been advised of the possibility of such damages. Pro, ied Siarin-it and Fees Twill parLicipate as project partner, maintaining overall project responsibility for staffing, quality control, billing, and client relations.' NW, bill on 'a time and expense basis with OUT fees determined by the tasks xequired and time spent. We try to use the least expensive staff appropriate for a particular task. Obviously, schedule preparation and accowting ve i£tcatioa may often be done by junior siai_I: More expm ieziced. people may be needed, however; for review of other documents. Our rates are adjusted from time to tune; we will advise yyou immediately if we - are adjusting our rates. In addition to professional fees, our bills will include out-of pocket expenses, such as telephone, computer charges, travel, messengers, and photocopying. All fees and expenses are not contingent on the final results, nor do w any result or resolution in this matter. Based on the information pros . tl available, we estimate that fees fvr'the initial phase of the engagement not to ex. $ 2,()00. I the second phase *discussed above is required., we will do another ass. went at titu.e reprdiDg the fees for the second phase. Invoices will be presented monthly and are due can presentation. Invoices on which payn, ent is not received within 30 days shall accrue late chi es at 1.5 percent (or the highest rate allowable by law). per month compounded. We reseme` the right to halt further services' until payment on past due invoices 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 eugagcrne>at; any unused retauaet will, of course, be refunded. In the event that collection procedures are required, The City of South Miami agrees; to pay all expenses of collection and all attorneys' fees and exists actually incurred by our Lem in connection with such collection, whether or not suit is filed thereon. If litigation. is required regarding collection with acoount, we will be paid our hourly rates for all time actually expended by our Rini in connection Aria such action. You will' advise us, with sufficient notice, of the works to be performed by us. Should information become known that would make our contin .ed involvement' in this engagement inappropriate; we reserve the right to, withdraw from this engagement. fii i' �Ci:�r'r ;l� 7 %4� r ��0 r 4,;4 Mr. Hakeem ashikoya March 25, 2003 Page 3 of 3 If this summary is consistent with your own understanding and intent, please sign the enclosed copy of the letter in the space provided arid return, it to me. 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 be paid our normal billing rate. Very, truly )!Ours, Man P. Fiske, CPA/ABV F; i ske &, Company The services described in this letter are in accordance with out requirements and are acceptable to me. Aceepted: Hakeem 4shikoya, CPA Date Finance Director City. of South Miami Apr 1� ' LEWIS FREEMAN INC Fa -,1 :3054445436 03, 16:35 P. 02 i e` IS B. Freernalla hers, Inc.` Foss; k Accouacing mid COlasultialg April IS, 2003 Via facsimilie 305 -663 -6346 Mr, Hakem Oshikoya Financial Director City of South N41ami 6130 Sunset Drive South Miami, Fl 33156 Slry� Forensic A bfviifun inh. Dear Nir. Oshikoya, The purpose of this later is to summarize our understanding of the assistance that we w ql proMe to the Citv of South Mia xai. Our objective i8 to provide forensic &Crounting, consulting, and investigative services to the City of South U. ami, 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 1 Freeman & Partners, Inc. (LBF) proposes that the work be undertaken in two phases. Phase I would be the preliminary investigation and review of all financial information of the pas; ars including; but not limited to, the audited financial statements, the bud g '' ' t cash w projections, the general ledgers, and the cash disbursements/ cash : cei iedgersi. re propose that the cost for the Phase i investigation shall be cape d ae $ ,000 the cost of Ma.se ii will be determined upon completion of the first ph se. Our principals will be'bi1 the "hourly rate of $175 to $325 per hour. Litigation Support es nwItants will be billed at $5Q to $l 50 per hour dependin. on their expertise and experience. In addition, you NNU. be responsible for any out-of-pocket expenses incurred, including but not limited to, travel, lodging, etc. We will submit detailed invoices reflecting the states, specific nature of the services performed and the costs incurred, if arty, to your attention every month, We are certain you recognize that it is difficult to estimate the amount of time this engagerlxerlt inky require. The time involved depends on the extent and nature of available information as well as the developments that may occur as Nvork progresses. It is our intention to wank, closely with you to structure` our vi mrk so the appropriate personnel from our staff are assigned to the various tasks in order to keep fees at a. %U3 Souxl+ Baychote Drive, 19rh Floor + C000ctur Crave. Florida 331133 • Telephone. (305) 4413 -6622 + i80d) 321 -4753 • Facsimile: (305) 285.3441 !6600 tM 16th S+.reet, Suite 11 * plarawdon, Florida 35313 • Telephone 1,954) 321 -3588 • F=imil& (954) 321 -3390 M 777 North Flagler Drive, Suitt 800 Wesc • Wost Palm Beach, Florida 33403 • Telepiwone (561. 515 -4022 • Facsimile: (561) 515 -6122 S1Gaim wsrnr.lyfmia txi.cUm LEUIS FREEMAN INC Fax :30544454; 6 Apr 18 '03 16 :35 P.0-3 s 4pril 18, 2003 Page 2 minimum. ' It is urider5tood that by agreeing to review she documents anal an-V other pertinent information that theree are no assurances that we will be able to redder an opinion that is %vorable to the city. Our fees are not contingent can the results obtained in tlis matter. We dry riot warrant or predict results oz 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 check in the amount of $7,500:00. If anyt1iing comes to our attention that requires work outside the scope of this eng-agernent, we will ad�ise you immediately, We look forward to working with you. Very truly yourrs, LEI . FREEMAN, & PARTNERS, INC. My roner Print' a[ grmd. and Accepted: Hakem Oshik,cwa Dale 1; inance Director City of South Miami ForenYic At=eaing and Consutmm DRAFT March 31, 2003 Mr. Hakeem K. Oshikoya, CPA, CGFM Director of Finance &Administration City of South Miami 6130 Sunset Drive South Miami, FL 33143 -5093 We are pleased to confirm our understanding of the agreed -upon services to be provided to the City of South Miami (the "City ") as of and for the years ending September 30, 2000, 2001, 2002 and for the seven -month period ending April 30, 2003. We understand that the financial information of the City is the responsibility of the management of the City and that the basis of presentation of this financial information is accounting principles generally accepted in the United States (the "US"). The procedures we will perform will be as follows: 1. Inquire of appropriate City personnel and obtain an understanding with regards to the budget process and the assumptions used to determine the annual budget for the City. 2. Obtain the Comprehensive Annual Financial Report as of September 30, 2000, 2001, and 2002 and any interim financial information available for the seven -month period ending April 30, 2003. 3. Obtain a report that details the revenue and expenditures for the general, fund as of September 30,°2000, 2001, 2002 and for the seven -month period ending April 30, 2003. 4. From the report mentioned above, select a sample (the "Selection ") based on our sampling method, for each revenue and expenditure source of the general fund. 5. Vouch the Selection to supporting documentation to determine the propriety of the revenue /expenditures recorded as of September 30, 2000, 2001, 2002 and for the seven- month period ending April 30, 2003. ` 6. Based on procedures enumerated above and any findings, we will propose recommendations to City Management relating to the budget process and to the propriety of revenues and expenditure transactions, including recommendations with regards to cost reduction. Because the agreed -upon procedures listed above do not constitute an audit, we will not express an opinion on the City's financial statements or any elements, accounts, or items thereof. Also, we will not express an opinion on the effectiveness of City's internal; control over financial reporting' or any .part thereof. In addition, we have no obligation to perform any procedures beyond those listed above. We will submit :a report listing the procedures performed and our findings. This report is intended solely for the information and use of the City, and is not intended to be and should not be used by anyone other than these specified parties. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. Mr. Hakeen K. Oshikoya, CPA, CGFM March 31, 2003 Page 2 DRAFT We estimate the approximate fee to be $39,500, excluding out -of- pocket expenses. These services are based on the level of expertise used on the engagement. This time estimate could fluctuate depending on any additional needs the City might anticipate with regards to the .agreed upon procedures. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the job. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. At the conclusion of our engagement, we will require a representation letter from management that, among other things, will confirm management's responsibility for the presentation of the City's financial information in accordance with Generally Accepted Accounting Principles in the United States of America. Management's Responsibilities and Representations The management of the City is responsible for making available to us all financial records and related information and personnel with information of relevance to our engagement. Because of the importance of management's representations to our work, the City agrees to release the Firm and its personnel from any liability and costs relating to our services under this letter attributable to any misrepresentations by management. Neither party to this arrangement letter will assign, transfer or sell, directly or indirectly, to any third person, any claims against the other party arising out of this arrangement letter. This arrangement letter reflects the entire ;agreement between the City and the Firm relating to the services covered by this letter. It replaces and supersedes any previous proposals, correspondence and understandings, whether written or oral. The agreements of the City and the Firm contained in this arrangement letter shall survive the completion or termination of this arrangement letter. Acknowledgment Please confirm your agreement with the foregoing by signing a copy of this letter. We are pleased to have this opportunity to be of service to you and assure you that this engagement will be given our close attention. Very truly yours, Morrison, Brown, Argiz & Company FRANK GONZALEZ, CPA For the Firm �.. ,4�`t.r, c +a .y:: "; a'n- £+�°•, v,- f^,- �Fi'-^ r,. ... ^!s.� -,;-, .•?tI r�;h,..z „rxs.. ,.z mf.,^"a '�.`,': ,iF,. ,, ,,. -r,^,°';," -s ..,• r— °a'-- 'T°,.!CVF`:�'�?,^,",o.'. -• _ .s s''^" �15��","+' aw:. ?c;, l�i� -"°;'".9'�''n.s�'.'?- "°'a,.�rf, Mr. Hakeen K. Oshikoya, CPA, CGFM March 31, 2003 Page 3 ACCEPTED BY Mr.- Hakeem K. Oshikoya, CPA, CGfM Director of Finance & Administration' City of South Miami Q4 "Our 4 rr CITY OF SOUTH MIAMI INCORPORATED.. 1W7 •��0R1 q� INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: May 6, 2003 Agenda Item # From: Sanford Youkilis Re:Comm. Mtg. 5/6/2003 Acting City Manager Tallahassee Lobbying Services REQUEST A RESOLUTION OF THE MAYOR AND ''CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING) SERVICES; APPROVING FUNDING' IN AN "AMOUNT NOT TO EXCEED $42,000.00 FOR THE FIRM OF GOMEZ BARKER & $42,000.`00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FOR THE TALLAHASSEE LOBBYING SERVICES PROVIDED TO THE CITY IN THE 2001/2002 FISCAL YEAR`; PROVIDING FOR APPROPRIATION OF $6,167 FROM' THE CASH RESERVE TO ACCOUNT NUMBER 001 - 1315 -513- 3450, ENTITLED "CONTRACTUAL SERVICES" TO PAY FOR THE SERVICES; AND PROVIDING AN EFFECTIVE DATE' BACKGROUND AND ANALYSIS This resolution is seeking your authorization for the City Manager to pay the lobbying firms of Ronald Book, P.A. and Gomez Barker and Associates for the Tallahassee lobbying services they rendered to the City during the 2001/02 fiscal year. The Finance Director recently conducted a review of the payments made to the lobbyists since 1998/99 fiscal year when the City first contracted with them. In the course of his review, it became known to him that the City Commission did not approve any resolution to pay them for the services performed in 2001/02 fiscal year. In order to pay the current outstanding invoices and future bills for the remainder of this fiscal year, it is necessary that the sum of $6,167 be appropriated to 'account number 001- 1315- 513 -3450, entitled "Contractual Services from the City cash reserve. Transfer of this amount from the cash reserve will leave a balance of $1,161,833 if the resolution for forensic audit is approved tonight. Below is a schedule of activities for the two lobbyists. RESOLUTION # FISCAL YEAR DATE APPROVED VENDOR NAME AMOUNT APPROVED- STATE AMOUNT APPROVED - FED 297 -98- 10565 1998 -99' 10/20/98 RON BOOK 22,500 297 -98- 10565 1998 -99 10/20/98 FAUSTO GOMEZ 22,500 8 -00 -10901 1999 -00'- 1/4/00 RON BOOK 24,000 8 -00 -10901 1999 -00 1/4/00 FAUSTO GOMEZ 24,000 228 -00 -11121 2000 -01 11/7/00 RON BOOK 42,000 228 -00 -11121 2000 -01'` 11/7/00' FAUSTO GOMEZ 42;000 41- 01- 11189' 2000 -01 3/20/01 RON BOOK 42,000, 41 -01 -11189 2001 -02 3/20/01 RON BOOK 42,000' 197 -02 -11546 2002 -03 12/17/02 1 RON BOOK 42,000 197 -0,2- 11546 2002 -03 ` 12/17/02 FUSTO GOMEZ- 24,500 TOTAL 243,500 84,000 For the period of the contract, the City's contract amount with Gomez Barker and Associates, including the amount for 2001/02 fiscal year yet to be approved is $172,500. Mr. Book's contract amount is $155,000 for Tallahassee lobbying services and $84,000 for federal services. Our records indicate that Mr. Gomez has been paid $139,000 leaving a balance of $33,000 yet to be paid to the end of the fiscal year; Mr. Book's payment is $180,833 leaving a balance of $58,167 through April 2003 for both Tallahassee and Washington services. The total balance needed for the rest of the fiscal year is $91,167. Of this amount $77,000 is available in the current year's budget, $8,000 is available in outstanding purchase order for funds encumbered 'prior to this year, and the remaining $6,167 is being requested to be appropriated from the cash reserve The amount to pay Mr. Book is based on a monthly payment of $3,500 for Washington services This was based on discussion the Finance Director had with the former City Manager Charles Scurr as you requested him to do. Mr. Scurr indicated to him that his decision to pay Mr. Book the additional $500 was due to the fact that Mr. Mell from Mr. Book's office coordinated' Washington lobbying efforts between the City and Mr.. Viera -as stated in the attached letter, and that the City Commission approved $42,000 annual fee for the service. - RECOMMENDATION I recommend approval SAY /HKO Attachment• Draft resolution Account Activity Listing' Letter from Mr. Book 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE' 5 (LOBBYING) ' SERVICES; APPROVING; FUNDING` IN' AN AMOUNT` 6 NOT TO EXCEED $42,000.00 FOR THE FIRM OF GOMEZ BARKER 7` &'$42,000.00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FOR - 8 THE TALLAHASSEE LOBBYING SERVICES PROVIDED TO THE CITY 9 IN THE 2001/2002 FISCAL YEAR; PROVIDING FOR 10 APPROPRIATION OF $6,167 FROM THE CASH RESERVE TO 11 ACCOUNT NUMBER 001 - 1315 - 513 -3450, ENTITLED 12 "CONTRACTUAL SERVICES" TO PAY FOR THE 'SERVICES;` AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the City of South Miami has established an office 17 of Intergovernmental Affairs with the purpose of securing 18 appropriations and funding from the State of = Florida; ' and 19 20 WHEREAS, the use of professional lobbying services has been 21 essential to the success in amount of grant awards received by 22 the City over the years; 23 24 WHEREAS, the City used the services of its two lobbyists 25 for 2001/02 fiscal year; and 26 27 WHEREAS, the City Administration inadvertently did not 28 prepare the authorizing resolution to pay the lobbyists for the 29 work performed in Tallahassee for the 2001/02 fiscal year; and 30 31 WHEREAS, the City Administration wishes to pay the 32 outstanding invoices for the fiscal year indicated above. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 35 OF THE CITY OF SOUTH MIAMI THAT: 36 37 Section 1. The City Commission hereby_ authorizes the 38 City Manager to pay the lobbyists for the services' provided in 39 the 2001/02 fiscal year. 40 41 Section 2.' The City Commission hereby authorizes 42 appropriation of $6,66.67 to account number 001 -1315- 513 -3450, 43 entitled "Contractual Services" as the balance of needed funds 44 to pay the lobbyists. 45 46 47 48 49 50 51 Section 3. This resolution shall take effect immediately 52 upon approval 53 54 55 PASSED AND ADOPTED this day of 2002. 56 57 ATTEST: APPROVED: 58 59 60 CITY CLERK MAYOR 61 62 Commission Vote: 63 READ AND APPROVED AS TO FORM: Mayor Feliu: 64 Vice Mayor Russell: 65 Commissioner Bethel: 66 Commissioner McCrea: 67 Commissioner Wiscombe: - 68 CITY ATTORNEY �TflCtlnfn��" � Ronald [, Book, P R. 18W WIG$ PRUElSS10�B1 NO(IROOO March 16, 2001 V ZULAR Mr. Charles Scum City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Charles; This will confirm my firm's commitment to extend our contract for the representation of the City of South Miami. to include Washington, D.C.. matters - Through this engagement, we are going to be associating; with Vierra and Associates in that regard. The point person in my office for all Washington, D.C. issues will be Mr. Jeff Mell, former Chief of Staff for'Congressman Bill Lehman and Congresswoman Carrie Meek. Mr..Denny Vierra of the Vierra group will be the point person from the Vierra and Associates firm in Washington, D.C. We agree to work on all strategic planning, for projects within the City, hopefully leading to appropriation projects from Congress. In exchange for this representation, the City agrees to compensate my firm with an additional monthly retainer of Thirty -five Hundred ($3,500.00) Dollars. Assuming this meets with our mutual understanding, please sign and return this letter to me for my record - keeping. Looking forward to many continued successes on behalf of your City and appreciating this t rtunitya k Charles Scurr, City Manager i J`l RLBdh city of South Miami (pp(wdQ (Ottt t - 2�ggQmtheast)g� Srlecl PN G Aventu�n, Elori�n �i�0o - Ielephonv ii�51935466 . tnx (105) 931-9131 �oiEast( ollete0veoueSul�e3ot- Tailahasne ,Flaiida }z ;ai••�OSo)ljtii859 H m isE- 14 p Z u. 1 aA �uW Pi w I I 00 O O M M O O M O O O O N O O O M M M l0 M M O O M O O O O O u EO I o; O M M O 0.. 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F o\ o\ o\ oHoHo\o\oo oo oo coo coo coo -o m 0 m o o o o 0 0 0 o o o o o 0\ O\ O \'O \ O 01-0 O\ o P I U 1 I H N H M H .M H M a m a m H..M H M N. M r m W N r N N Co N m N 'Jo 00 N I zW I ,'� a O a° �i Oa:O �jO W o W O W-�% 4 s0UTy CITY OF SOUTH MIAMI South Miami 4° '�r� All- AmericaCily Excellence, Integrity, Inclusion . INCORPORATED 1927 O RJID p 2001 TO: Honorable Mayor, Vice Mayor DATE: May1f, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No.�o Acting City Manager Re: Authorization for the City Manager to execute Professional Service Work Order with Consulting Engineering Science, Inc. for engineering services related to: Snapper Creek Drainage Improvements Phase II RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,: AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH CONSULTING ENGINEERING & SCIENCE, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, TESTING, ONSITE DATA COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS PHASE II ALONG SW 58TH AVENUE BETWEEN SW 85TH STREET TO SW 87TH STREET AND SW 87TH STREET BETWEEN SW' 58TH AVENUE AND SW 59TH AVENUE IN AN AMOUNT OF $18,200.00 TO BE PAID FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001 -0000- 132 -2060; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS Following complaint from residents about standing water within the area defined as Snapper Creek Drainage Improvements Phase II, we reviewed the concern and prioritized it as a drainage improvement project to be funded from the South Florida Water Management grant. The areas in question are SW 58TH Avenue SW 85TH Street to SW 87' Street and SW 87TH Street between SW 58TH Avenue and SW 59TH Avenue. As part of this drainage improvement project the improvement corridor will be resurfaced with applicable pavement marking. We have requested the attached proposal from Consulting' Engineering & Science, Inc., one of our Professional General Engineering consultants for the project. The scope of their services will include, route surveying, geo- technical testing, on -site data collection, preparing design plans (construction documents) and permitting, post services specification, construction contract documents and construction administration services. The project will be ,funded from South Florida Water Management District grant account number 001 - 0000 -132- 2060. The grant account balance, before this request, is $605,372.50. The Public Works Department grant/budget management worksheet is attached. Page 2 of 2 Comm Agenda Item May 14, 2003 RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: ❑ Proposed Resolution ❑ Professional Engineering Services Work Order ❑ Engineering consultant's Man -hour Sheet ❑ Public Works Department grant management worksheet ❑ Map of the proposed project area SAY /RL (WAB) UtOR11 CITY OF SOUTH MIAMI South Miaani M- American y Excellence, Integrity, Inclusion 2001 TO Hon' onorable Mayor, Vice Mayor DATE: April 30, 2003 & City; Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager Re: Authorization for the City Manager to execute Professional Service Work Order with Consulting Engineering Science, Inca for engineering services related to: Snapper Creek Drainage Improvements Phase II RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH CONSULTING ENGINEERING & SCIENCE, INC FOR PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, TESTING, ONSITE DATA COLLECTION, ; PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS PHASE II ALONG SW' 58TH AVENUE BETWEEN SW 85TH STREET TO SW 87TH STREET AND SW 87TH STREET BETWEEN SW 58TH AVENUE AND SW 59TH AVENUE IN AN AMOUNT OF $18,200.00 TO BE PAID FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001 - 0000 132-2060; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS Following complaint from residents about standing water within the area defined as Snapper Creek Drainage Improvements Phase II, we reviewed the concern and prioritized it as a drainage improvement project to be funded from the South Florida Water Management grant. The areas in question are SW 58TH Avenue SW 85TH Street to SW 87TH Street and SW 87TH Street between SW 58TH Avenue and SW 59TH Avenue. As part of this drainage improvement project the improvement corridor will be resurfaced with applicable pavement marking. We have requested the attached proposal from Consulting Engineering & Science, Inc., one of our Professional General Engineering consultants for the project. The scope of their services will include, route surveying, geo- technical testing, on -site data collection, preparing design plans (construction' documents) and permitting,- post services specification, construction contract documents and construction administration services. The project will be funded from South Florida Water Management District grant account number 001- 0000 - 132' -2060. The grant account balance, before this request, is $605,372.50. The Public Works Department grant/budget management worksheet is attached. I Page 2 of 2 Comm Agenda Item April 30, 2003 RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: • Proposed Resolution • Professional Engineering Services Work Order • Engineering consultant's Man -hour Sheet ❑ Public Works Department grant management worksheet ❑ Map of the proposed project area SAY/RL (WAB) RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL 5 SERVICE WORK ORDER WITH CONSULTING ENGINEERING & SCIENCE, INC. FOR 6 PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, TESTING, ONSITE 7 DATA COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST 8 DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION 9 ADMINISTRATION SERVICES FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS 10 PHASE II ALONG SW 58TH AVENUE BETWEEN SW 85TH STREET TO SW 87TH STREET AND 11 SW 87TH STREET BETWEEN SW 58TH AVENUE AND SW 59TH AVENUE IN AN AMOUNT OF 12 $18,200.00 TO BE PAID FROM SOUTH 'FLORIDA WATER MANAGEMENT DISTRICT 13 GRANT ACCOUNT NUMBER 001- 0000 - 132 -2060; PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional 16 services Consulting! Engineering & Science, Inc., to provide route survey, testing, onsite data 17 collection, preparation of designs & permitting, post design services, specifications, contract 18 documents and construction administration services for Snapper Creek Drainage Improvements Phase 19 II along SW`58TH Avenue SW 85TH Street to SW 87TH Street and SW 87TH Street between SW 58TH 20 Avenue and SW 59TH Avenue; and 21 22 WHEREAS,; Consulting Engineering & Science, Inc. is one of the City's approved Professional 23 General Engineering Consultants; and 24 25 WHEREAS, the proposed services will be funded through South Florida Water Management District 26 (SFWMD) grant. 27 28 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY, COMMISSION OF THE CITY' 29 OF SOUTH MIAMI, FLORIDA, that: 30 Section 1: The City Manager is authorized to execute a Work Order with Consulting Engineering & 31 Science, Inc. for the professional services in connection with route survey, testing, onsite data 32 collection, preparation of designs & permitting, post design services, specifications, contract 33 documents and construction administration services for Snapper Creek Drainage Improvements Phase 34 II along SW 58TH Avenue SW 85TH Street to SW 87TH Street and SW 87TH Street between SW 58TH 35' Avenue and SW 59TH Avenue Street in an amount of $18,200.00 from account number 001 -0000- 36 132 -2060. 37 38 Section 2: That the attached proposal,'Professional - Service Work Order, be made a part of the 39 resolution. 40 41 PASSED AND ADOPTED this day of 52003. 42 43 ATTEST:, APPROVED: 44 45 - Ronetta Taylor, City Clerk Mayor 46 47 Commission Vote: 48 READ AND APPROVED AS TO FORM: Mayor Feliu: 49 Vice Mayor Russell: 50 Commissioner Bethel: 51 Earl Gallop, City Attorney Commissioner Wiscombe: 52 Commissioner McCrea: l 04 /a0/2UO3 08:4: FA.K 305> 37693U4 U8 1 INC. CONSULTING ENGINEERING 8. SCIENCE, INC. Civil Engineers ` Coastal Englgeers Environmental Sttentists April 29, 2003 VIA VAX ._ & —U_S U.S. MAIL Mr. W. Aj ibola Balogun, REM Public Works Director City of South Miami 4795 S.W. 75th Avenue Miami, Florida 39155 Re: Snapper Creek Stormwater Improvements Phase II Dear Mr. Balogun Pursuant to our discussions, please accept this letter and aCcompa,nying information as our proposal to provide the professional engineering services required in association with the above referenced project, Enclosed herewith is a Scope of Services and Manpower Estimate tQ complete the required services, along with a proposed Work Order, ready for execution. We loom forward to receiving your authorization to proceed with this work. very truly yours, CCNS TINE Erv'GT ERING & SCIENCE, INC. R(i chard 13. Bochnov ch, P.B. "Sr. Vice President (0165) Enclosures 8925 SW. 148th Street, suita mo a Miami, Florida 33176 •'Phone: (305)376 -5555 • For. (305)378.9304 $s?°r= kr;:''t.,. rcs[. :*�-- ^..-. ,: ,..- *.r; ,, ., as ,. ,-- °"- -5=_. .•rte —m. e.-sr;: ,.-scs;aAn..; rc°-. '.°'.,.,..'- s- :?`.an*,taM=;;: ';�3?".. :`+$Fn,n„ ;r,-�*, °,r,,"^7 ` '... l!{.'3U/ UU3 Utl:$S k:43 3U5 UTbU3U4 WORD ORDER NO. 4- A. PROTECT DESCRIPTION Snapper Creek Stormwater Improvements Phase II The project will consist of 1) splitting the work included in Work Order No.3 into two (2) phases;. and, 2') adding drainage improvements along portions of S.W. 58th Avenue and S.W. 87th Street to the project; and, will 'generally include the installation of drainage catch basins and french drains, along with the repair of all roadways, sidewalks and others appurtenances impacted by construction of the drainage improvements. B =BE OF SERVYC85 1 Task 1• Construction Doeumenta /Permi_ttina Services to include the following: a. Attendance at a Start -Up Meeting with you and otber city staff to familiarize ourselves with 'the project; and, to identify the project design criteria,; requirements and schedule. b. Retain the services of a qualified Florida Land surveyor to perform a topographic survey of the new project areas. C. Retain the services of a qualified geotechnical/ testing company to perform one (1) additional percolation test as necessary for design of storm drainage facilities. d. Contact all applicable utility companies and secure As -Built drawings of all underground and aboveground utili ties "within the ,project area. e.'- Prepare a detailed engineering design and prepare a separate set of construction drawings and technical specifications for the Phase II project, including portions of S.W. 86th Street and S.W. 59th Avenue included in Work order No. 3 and 'adding portions of S.W. 58th Avenue and S.W. 87th Street to the project., f. Prepare and submit all permit applications required in association with the project. It is anticipated that these. will include 'City of South Mia.rti and Miami. -Dade County DER14. g. 'Tracking of these applications until approvals are obtained: 2.= Task 2: 'Construction Phase Services to include the following: a'. Distribute bid documents to perspective b= dderl3; prepare responses to Bidder questions; prepare' addenda, if necessary;- review bids for completeness; and, make recommendation for award.to the City." b. Attend precorstruction conference. c. Review and approve/disapprove shop drawings for the work. vYr JUr LUUJ Vn, YU r_.. JUV J.00J VY uL`.o.. 1.VV. L I(S�UUa7i UUO d. Perform minimum Construction 'Engineering Inspections on a meekly basis for a sixteen (2.6) week construction period. Additional inspections' may be requested by the City or Contractor. These will be provided as additional services. e. Review the Contractor's Application for Payment an a monthly basis and. submit recommendations to the Engineering & Construction Director. f. Perform project' closeout with the Contractor, conduct final inspection; prepare final'puncnlist and, review final application for payment, 'final release of lien and the certificate of completion.` g. Obtain As- built drawings from the Cont-ractor, review and submit them to the City in reproducible and 'electronic formats. C FEE CALCULATION 1. Task 1: Construction Documents/Permitting-Services Principal in Charge: 2 hours Q $150.00 = $ 300.00 Project Manager: 4 hours 0 $120.00 = 4B0.00 Senior Engineer: 8 hours 0 $95.00 = 760.00 Engineer: 24 hours 0:$75.00 = 1,800.00 CALOD Technician: 12 'hours @ $65.00 = 760.00 Jr. CARD Technician: 3s hours a $55.00 1,990.00 clerical: 8 hours 0 '$40.00 = __320.00 Sub -Total $ 6,420.00 Topographic Survey $ 4,000.00 Geotechnical /Percolation Testing: 650.00 Printing & Reproduction 1500.00 Total Task 1 Fee $11,670.00 2. Task 2: Coastruct�Qn Phase ;Services Principal in Charge: 2 hours ® $150.00 = $ 3.00,00 Project Manager, 4 hours @ $120.0.0 = 480.00 Senior Engineers 24 hours @'$95.00 = 2,280.U0 Construction Inspector: 42 hours'cw $75.00 3,150.00 Clerical: 8 hours 0 $40.00 320:.00 Total Task 2 Fee $ 6,530,00 TOTAL FEE $18,200.00 Submitted by: CONSULTING ENGINEERING & SCIENCE, INC. r r 4- zf %v3 Rikhard -!B B chnovich, Sr. vice President Date Accepted by: CITY OF SOUTH MIAMI Date` o, o a a a © o e 0 2 oo CD c. $tj t H► 7 �Y q� Gpo I!! t j Fes+ AM a O &M G Ol � fV fA o► 60, w a w S r. o µ J LU in c�c�,� ��oggao s H gbc o Q a I a� oa N *� us � ui n ri ba tg a a � >� °fs r 45 E ti tiL6 rfa tr C4 S4 9� 6u w "d F to { u rW cq C) S LU v) . I a' iti t b�r4ti i s N d' N CS G 4 90 N O mO At]^ Tn LL.w. in 0 � in % l } M. ''' o o cr a q c°3 Q mom, A > IL Zlli � r• I 4+ • r S. N Y g y �ate.. mow QIZ. 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O W 0 r 1" LO °- SW 60TH AV = H O tOD °o ap o 0 O M O. 0 = O co co tt „r co O �- N N N ' L0 '0. 0 0 0 h ±... -, r e °`xw ^.�'i'.� y , . ,.e- -,,., � ., ;,mss �?-s�^Cm" sY�n"P„V..,.tsh,,... zkR a ,. ,'cr, fr,.•f„'�,':'r."4"3€'�: i,; r> ..,?'�',�.,: r'xiv3., .'n: �.,,t:�:."s�"^S'sd , : ��,'.ars^A °;n<, , ;,r..c�7 �i6�`zsi�°'i,E1�:;,:z`j F+§ �..,•. ,. soUT South Miami All- Amefica Cry INCORPORATED 1927 Coa19A 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor Date: May 20, 2003 and City Commission From: Sanford A. Youkilis Subject: Agenda Item # Oil Acting City Manager Appointment of Special Master REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL MASTER SERVICES; APPOINTING ENRIQUE ZAMORA, ESQ.; CAROLYN Y. HOWARD, ESQ., AND MAURICE DONSKY, ESQ. AS SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT #001-0000-341-9040 ENTITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City Commission adopted Ordinance No.- 6 -03 -1790, abolishing the Code Enforcement Board and ,establishing a Special Master to preside over code enforcement violation hearings. The use of a Special Master is _a fair and expeditious alternative of adjudicating issues related to code violations that is also more cost - effective than the traditional Code Enforcement Board. Pursuant to said ordinance, the City Manager has reviewed resumes of individuals already serving as Special Masters for other municipalities in Miami -Dade County, including the City of Miami, the Village of Pinecrest, and the City of Miami Beach, and has recommended the appointment of Enrique Zamora, Esq., Carolyn Yo Howard, Esq. and Maurice Donsky, Esq. to serve as Special Masters for the City of South Miami. These individuals will be appointed to serve for a period of one -year commencing May 21, 2003, and ending May 21, 2004, or until other successors are appointed by the City Commission. The negotiated fee to provide said services is $100 per hour. RECOMMENDATION Approval is recommended. SAY /OM /OC l RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE 'CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ; 5 SPECIAL MASTER SERVICES; APPOINTING ENRIQUE 6 ZAMORA, ESQ.; . CAROLYN Y. ; HOWARD, ESQ., AND 7 MAURICE DONSKY, ESQ. AS SPECIAL MASTERS FOR THE 8 CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; 9 AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT 10 #001- 0000 - 341 -.9040 ENTITLED "CODE ENFORCEMENT' 11 FINES REVENUE ACCOUNT "; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, Pursuant to Ordinance No. 6 -03 -1790, adopted by the South Miami 16 City Commission on March 18, 2003 establishing a Special Master; and 17 18 WHEREAS, ; the use of Special Masters has proven to be an expeditious, cost 19 effective and fair means of adjudicating issues relating to code violations; and 20 21 WHEREAS, the City Manager has reviewed resumes of individuals already 22 serving as Special Masters for other municipalities in Miami -Dade County; and 23 24 WHEREAS, based on the resumes received, the City Manager has recommended 25 the appointments of Enrique Zamora, Esq., Carolyn Y. Howard, Esq. and Maurice 26 Donsky, Esq. to provide the Special Master services to the City of South Miami for a 27 one -year term commencing May 21, 2003, and ending May 21, 2004, or until successors 28 have been contracted; and 29 30 WHEREAS, the Mayor and City Commission have accepted those 31 recommendations` 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 35 36 Section 1. That Enrique Zamora, Esq., Carolyn Y. Howard, Esq. and Maurice 37 Donsky, Esq. are hereby' appointed to serve as Special Masters for the City of South 38 Miami at the rate of $100.00 per hour to be charged to account #001.- 0000 - 341 -9040, 39 entitled "Code Enforcement Fines revenue Account ". 40 41 Section 2. Said Special Master services shall remain in effect for a period of 42 one -year commencing May 21, 2003 and ending May 21, 2004 or until other successors 43 are appointed. 44 1 Section 3. That Enrique Zamora, Esq., Carolyn Y. 'Howard, Esq. and Maurice 2 Donsky, Esq., shall be authorized to conduct hearings as may be required in accordance 3 with the City's Code of Ordinances and Land Development Code, the Florida Building 4' Code and the Miami -Dade County Building Code. 5 6 Section 4. This resolution shall take effect upon adoption. 7 8 9 PASSED AND ADOPTED THIS DAY OF , 2003 10 11 12 ATTEST: APPROVED: 13 14 15 16 _ CITY CLERK MAYOR 17 18 COMMISSION VOTE: 19 Mayor Feliu; 20 Vice Mayor Russell: 21 Commissioner Wiscombe: 22 Commissioner Bethel: 23 Commissioner McCrea: 24 25 26 READ AND APPROVED AS TO FORM: 27 28 29 30 31 32- CITY ATTORNEY 33 34 35 Page 2 oft CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date May 6, 2003 From:Sanford Youkilis AGENDA ITEM # Acting City Manager Re:Deborah Benfield's Arbitration Settlement REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO CLAIMS; REINSTATING DEBORAH BENFIELD TO FULL DUTY AS A POLICE OFFICER PURSUANT TO AN ARBITRATION AWARD; DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE ARBITRATION AWARD INCLUDING AUTHORIZING PAYMENT OF BACK PAY AND WAGES FOR THE REMAINDER OF THE CURRENT FISCAL YEAR OF $35,845 FROM THE CITY CASH RESERVE, AUTHORIZING RETROACTIVE SENIORITY WAGE INCREASES IF APPLICABLE, AND ALL OTHER BENEFITS;- PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution is requesting your authorization for the City Manager to reinstate Ms. Deborah Benfield as Police Officer pursuant to arbitration award. Ms. Benfield was terminated in September- 2002. As provided in the PBA contract, Ms. Benfield requested arbitration hearing on her termination. The City and Ms'. Benfield agreed to abide by the findings and recommendations of the arbitrator. At the conclusion of the hearing, the arbitrator recommended that Ms. Benfield termination be commuted to sixty day suspension without pay and reinstatement with back pay, including benefits, from the end of the sixty day suspension. The City Administration has calculated the total amount needed to comply with the settlement in this ',fiscal year to be $35,845 This is an un- budgeted amount; needed to be appropriated from the City cash reserve to the appropriate Accounts within the Police Department budget It should be noted that the use of "cash reserve to pay for this settlement will reduce the reserve balance to $,1,125,988,' if the two resolutions for the forensic audit service, and the lobbyist fees in tonight's agenda are approved. °v, —' r"3 ..,. ,.,.. - g.'r�.T .,,,.... -, ... ,. .: . -rs»,. .":E?r, w ,Rw a, ;',. 'ik ,:!;' .i, ti5 ---• ..n;.,., —t-"_? Z>,"'.ra, h. :: m'.'`.,r. ^,Tp—, RECOMMENDATION Approval is recommended. SAY/HKO Attachments Settlement documents Draft Resolution i RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO CLAIMS; REINSTATING 'DEBORAH BENFIELD TO FULL DUTY AS `A POLICE` OFFICER PURSUANT TO AN ARBITRATION AWARD; DIRECTING PERFORMANCE' OF CERTAIN REQUIREMENTS UNDER THE " ARBITRATION AWARD INCLUDING AUTHORIZING PAYMENT OF BACK PAY AND WAGES FOR THE REMAINDER OF THE CURRENT` FISCAL YEAR OF $35,845 FROM THE CITY CASH RESERVE, AUTHORIZING RETROACTIVE SENIORITY WAGE INCREASES IF APPLICABLE, AND ALL OTHER BENEFITS; PROVIDING AN EFFECTIVE DATE. WHEREAS`, the arbitrator in the matter styled Deborah Benfield v. City of South Miami, case number 32- 390 -00667 02, ordered the employee be reinstated with back pay; and WHEREAS, pursuant to the collective bargaining agreement between the city and the Dade County Police Benevolent Association the arbitration award is binding on the city. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section 1. The 'city manager is directed to take actions required to reinstate Ms. Benfield; with back pay and benefits, as ordered in the annexed award. Section 2. The city ,manager is authorized to pay Deborah Benfield` the sum of $16,453.18, as back pay plus fica tax, from the =City cash reserve appropriated to several appropriate accounts within the Police Department budget Section _3. The city manager is authorized to reinstate Deborah Benfield as Police Officer, pay her the wages and benefits she is entitled for this fiscal year, calculated to be $19,391, appropriated from the city cash reserve to several appropriate accounts within the police department's budget, Section 4. This resolution shall take effect immediately upon, approval: PASSED AND ADOPTED this day of May, 2003. ATTESTS APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APPROVED AS TO FORM; Mayor Feliu: Vice Mayor Russell: Commissioner Wiscombe: CITY ATTORNEY Commissioner Bethel: Commissioner McCrea: �fw ... „ CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing ;during its regular City Commission meeting on Tuesday, May 20, 2003, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST` FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE FRONTAGE OF A BUILDING SITE TO BE 66.67 FEET, WHERE A MINIMUM OF 75 FEET IS REQUIRED, AND TO ALLOW THE NET AREA OF A BUILDING SITE TO BE 9,316 SQUARE FEET, WHERE 10,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7230 -7240 SW 63'" COURT, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 7, 8, 9, AND 10, BLOCK 2, "SUNSET VILLAS" PLAT BOOK 15, PAGE 42; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF THREE SINGLE - FAMILY` RESIDENTIAL DWELLINGS); AND PROVIDING FOR AN EFFECTIVE DATE Inquiries concerning this item should be directed to the Planning Division at: 663. -6327. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. City of South Miami PB -03 -:003 - 7220 Development Corp., Applicant Variance Request - 7230 -7240 SW 63rd Court 0 300 600 900 1,200 1,500 Feet Aar -14 -03 09 35a From -NAGIN 'GALLOP FIGUERERO 305- 354 -5351 T -471 P.002/025 F -147 AMERICAN ARBITRATION ASSOCIATION Arbitration Award In the Matter of Arbitration Casa No. 32 390 00667 02 between Arbitrator: CITY" OF SOUTH Imo , FLORIDA, HAROLD D. gM[T 7I ESQ, and Grievant: DADE COUNTY POLICE BENEVOLENT DEBORAHBENFIELD ASSOCIATION, INC.' eardnces For the Cnievant AL13EXTO MILD§., ESQ., Dade County Police Benevolent Association, Inc. For the Employer: T&CHAEL D. SPIVACK, ESQ. Nom, Gallop, Figueredo Bak aid The undersigned was selected by the parties through tho American Arbitration Association to serve as impartial arbitrator to hear the above-referenced matter. On September 20, 2002 Grievant, Deborah BcnfZeld.'s employment with the City of South NEax , was terminated by letter from Charles D. Scurr, City Manager. Benfield was hired by the City in 1 988. At the ti= of her termination she held the position of Police Offer, on read patrol. Beheld was charged with violating the following rules and regulations applicable to Police Department employ s: . ,_. P.. �..r . a. Apr -14 -03 09 :35am From -NAGIN GALLOP FIGUEREDO 305- 654 -5351; T -471 P.003/025 F -147 CRAPTER 3 ` 3.04. BMasibility to Take Action: All sworn members are responsible for the enforcement of the Criminal Statutes of the State of Florida, the Ordinanecs of Dade County and the City of South Miami._ While on regular duty, SIATOrn m=bgr ;will, at all times, be ready to promptly respond to any incident in which a criminal law has been violated, or to any call for service. If a criminal law has been violated axid there is probably cause to nuke an arrest, then the member will take the appropriate action. While off regular ditty, if a sworn member has probable cause to liege that a criminal law has been violated, that member will take appropriate action to preserve ' life, protect property or act in an emergency situation until on -fluty officers arrive_ C(!CD><" ]uMTIO 3.08 Intra.- Dcuartmea is Cooperation between Department members is important for harmonious operation. Members should be even- tempered and act with %mess toward each other. Members of the various divisions and units should work together providing n essary information and cooperation. DUTY.REQUEREWNT 3,13 Minty Responsibilities: With the exception of specific_ duty assignments,' members shah . perfo= all other dirties as tnay be required of them by competent authority. In carrying out Department functions, members shall direct and coordinate their efforts to establish and maintain the highest professional standards of efficiency. 3.24 Responding to Calls: Members Shan at all times respond promptly and safely to all radio calls directed to them, or to calls received from citizens for aid_ They shy as soon as practical upon con, pletion. of the calf or assignment, make thenselves available for assignments. 3.53 Proeer Conduct for an Officer: 1%6e mbers of the Department shall conduct themselves in an orderly and lawful mamer at all times, both en and off- ditty, in order to Apr -14 -03 O8;35am From -NAGiN GALLOP FIGUEREDa 305 -654 -5351 T -471 P- 004/025 F -147 properly reflect a positive image and the high professional standards of the Depanwent. 3.54 Preiudieial remarks: :Members and employees shall 'refrain from snaking wise cracks, sharp retorts or voicing prejudices concerning race, sex, religion or politics. Issue , WAS THERE JUST CAUSE FOR TIME clTy OF ; Sid J[ 14 A , TO TEWMATE THE EMPLOYMENT OF DEBORAH, BENFIELD? I P 1W'i7 Tt WnAT SHi4➢XTl` D BE TUE REMEDY? Applicable Contract Provisions ARTICLE E 21 1vlADLA EA►IEN T RIGFdT 1. The Association and its members recopi= that the City has the exclusive right I to manage and direct all of its operations, Accordingly, the City specifically, but not by way of limitation; reserves the exclusive right to: C. Fire, demote, suspend or otherwise discipline employees for proper cause; of Testimo sad position of the Parties The determination by the City to terminate Bez eld's employment is based on her decision not to respond to a radio request by Of fixer Alex Elwh :vaaria for a. routine 15 back up assistance while he was in the process of making a traffic stop of a. wanted male. The City played a tape of the radio transmission and a telephone discussion. between BcWield and Communications officer, Diane Braun, regarding the call for back up, Heclavarria described the male as a "big boy". A copy of the tape was provided to the court reporter. Portions of the tape played at the bearing are set fbMh in the hearhag tmnscript. I\Ta=s of inds.:riduals who are speak4 have been inserted by the arbitrator, according to testimony at the hearing: OICE Telephone recording from Thurs y, April 25, 2402, approximate start time 659 hours. SADD case 023689_ 3 Apr -14 -03 09 38am From -NAGIN GALLOP FIGUEREDO $05- 854 -5351 T -471 P- 005/023 F -147 Radio transmission: VOICE: :2201 VOICE: 5833210913, 97th Avenue on 48th Street, traffic. VOICE: 13655, Dade County, VOICE: 2703 (inaudible,) VOICE: 2703. VOICE: (Inaudible. VOICE: Miami 203. (Hechavarria) 'STOKE: I have a wanted subject here at the post office. I need a routine 15 (Inaudible.) VOICE: You're at the South BEami Post Office? Any unit code 15 at the South Miami Past Office, VOICE: 41 at the station VOICE: (Inaudible) 02 QPX at the Fast Office. VOICE: 004 (Inaudible) copy, VOICE: Is that Routine? (Hechavarria) VOICE: No, lie's a. big boy. I °m going to stop bim right now. ` VOICE: AEami 201 in route from the station. Any other unit in the area? VOICE: South Miami (dnaudible) VOICE: (Inaudible) at the past Office 7 o'clock QXY. VOICE: (Inaudible.) Tapf,d telwhow cOnversation between Be ll =d Corrmtnnieafio ,S 0fH Dianne Brauer.: (Benfteld) VOICE: Hey, isn't HechavarrWs statement redundant? Isn't everybody bigger than he is? 4 Apr -14 -03 09 38a From -NAGIN GALLOP FIGUEREDO 305 -854 -53551 T -471 P- 006/023 F -147 (Braun) VOICE: You know what? 'You're absolutely right_ (Braun) VOICE: I know, I hear him saying oh, yes. I don't know who lie's got hut, you know, _maybe he is a real big guy. I don't know. (Eenfield) VOICE: Yeah, well. I didn't get on the radio because, you know, he got me yesterday so I said screw it, then I'm wt going to 'take 15s with YOU (BrA,uu) VOICE: Yeah. (Benfield) VOICE: Okay. (Braun) VOICE: Ahighiy. (Benfield) VOICE: ING] having breakfast. (Braun) VOICE: You are? (BenfieId) VOICE: Yeah.. - (Braun) VOICE: All right. (Ben field) VOICE: All right* (Braun) VOICE: At1 right. Talk to you latex Tr. 448 450 As indicated in the tape, Beufeld heard the radio request for assistance. However, she didn't get Can the radio to reVond. Instead she called Braun by telephone and =do remarks about Rbehavarria's size, and that she wasn't responding to echavarda.'s request for a routine 15 back up because ofsometbing he did to her the day before. It 5s noted in the D sciplina y Action Report, said in testiinony, that four of the five avaikble officers on duty responded to the area to assist 1-jeehavarr a. The Daily .activity Sheets Show that one ciffcer arrived at the scene m two minutes, one in three minutes, and two oth= several minutes later. The City is relatively small m geographical area so any'pokc officer on duty could get to the scene quickly. ��,���d ;, -��. "�' ..�?*r r- .e:- T'i4, R+,.;?� T', .r-' ° ='t`T?•'?; , r,..:.T - a,*, ,,�G,.„3" _`.«- - �am�,,',- ;.4?�'9j„ � {s— r.<^,�„ Apr -14 -03 09: Ham From -NAGIN GALLOP FIGUEPEDO 305 -354- 5351 T -471 P- 007/025 F -147 The City alleges that Benfield was taking an urn- requested meal break, out of her assigned zone 2. Otherwise, she would have been one of the closest officers to Hechavarria's IocatiorL The City maintains that Benfield doesn!t have t1a� option not to respond to another officer's call for back up. The Union argued that Benfield was not required to respond based on City policy and that the City failed to apply its rules and penalties eveW=dediy. In supper of the disparate treatment argument, the Union cited prior imcidents including two incidents that occurred in 1997, where Officer Rodrick Everett £af zed to respond to back up requests. One of those incidents is simibx to the circumstances in Benfield's case. A female officer requested: a ROvtine 15 back up because there were three males in a vehicle' she was preparing to stop. In a June 17, 1997 memarawdtfm to Chief Cakes wafson, sergeant M. D'Angelo stated, in part: As to 20 May 1997 (1545 hrs.): l recall hearing M. Merirck request routine back up to a. traffic stop at 80 St. & S. Dbde by (I was in the station at the time). The Kendall dispatcher asked- for a unit to respond a few times when Ofe. Diaz acknowledged and subsequently responded. I' believe at the time Ofc. Everett was in the north end of the city. He expressed to me that he figured a clrr r tarot would respond, but if one did not he certainly would have responded. I explained the need for an humcdiate response for back up requests and that geography is not a factor. In this case, I recommend a. supervisory coaching. A Superviscory Coaching Report was issued which included the following: 2. Officer did not aeknowledge a request for routine back up to another" officer by 1V D.F.D. dispatcher. Officer was fn serivee[sic] at the time ofrequcst. The City argued that the above incident is not factually sirnflar because Everen didn't say he wasn't responding because he didn't like the officer requesting assistance. Chief Watson. was asked by the City Attorney to distinguish "the Everett incident from the Beaifield`incident. Watson, testified as follows: Q. In the 1V.[ay 4, 1997 incident, what were the facts` What were the facts? MM Apr-14-03 - 09 38am From -NAGIN GALLOP FIGUEREDO 305- 554 -5351 T -471 P.008/025 F -147 A. In that particular case, Officer Everett, based on that doeumt, is saying that he wrote down, the wrong address of some Sort. Q. Do you know what the calf was? What was Everett supposedly going to do that he didn't' do? A. I believe he was a back up officer, if I am not mistaken. Q. Did Officer Everett, as to the May ` 4th call, indicate that he didn't respond because he just didn't like the other police officer? A. No. -wt's not in the memorandum Q. Let's go to the May 20 - - let's go to the May 20, 1997 incident. Do you recall from five years ago what the facts were of that incident, what the call wash A.` used on reading that briefly, yes. Q. What were tbey? A- Apparently, I believe that Officer Everett was assigned to a back up and Toeing at an extended part of the city he thought somebody else would be closer, so he did not respond. Q. Did he say, as to the May 20th call, he didn't respond because he didn. °t h%e the officer who put out the calla A. No, not according to that document, Q. On the May I Ith call, do you recall what the facts were of the May I I th call? A. Igo. I would have to refresh my memory, Okay. Q. What was the May I lth c4 what was that A. Apparently, I believe in loolcing at that documentation, Ofcer Everett was assigned to a. ba& tap call for another ofcer and apparently he stated in that memorandum that he was waved down by a citizen for directions and apparently he did not go to the call, I believe, and I think the supervisor told him that it's okay` to tape a delayed response but he needs to get approval when he does so, of prior to doing so. 7 Apr -14 -03 09:37am From -NAGIN GALLOP FIGUEREDO 345454 -5351 T-471 P.009/025 F -147 Q. Can the May l I th call, did Officer Everett say Z didn't go to the response because I don't hike the officer? A. No. Q. Now, counsel showed you a document he rnavcd into evidence and I am not sure what the number is, it's ai merno from Lieutenant Bradshaw, Shirley Bradshaw. Is Shirley Bradshaw, is that a magi? A. That's a. lady. A female. Q. So Lieutenant Bradshaw is a female. She reviewed this investigation of this male police officer, greet? A. Correct. Q. So you had a fcaWe police officer review an investigation of a male police officer? A. ` Right. Q. And that Lieutenant Shirley Bradshaw gave you a recommendation, did she not? A., Mess. Q. In fact, in the memo that counsel moved in [into evidence] for Officer BenfYeld, Lieutenant Shirley Bradshaw says f agree with. Serge t D'Angelo's recornm=daflon regarding the two iv�ideuts; is that correct? A. Car=t- Q. And Sergeant D'Angelo's recommendation is contained in the interoffice memorandum from Sergeant D"A.ngelo to yourself dated June 17th,, the one we just went over? A. Correct. Q. That recommendation was that the officer should receive a coadmu report; correct? A. Correct. Q. Now, how is the three incidents, these three incidents involving Officer Everett, how are they dif rent than what happened with Officer Beheld? 8 Apr -14 -03 09:37am from -NAGIN GALLOP FIGUEREDO $05 -854 -5351 T -4T1 P.010/025 F -147 A. Nell, in Officer Everett's case, in those two lucidents there was a conscious decision not to assist an officer. There was no calling into a dispatcher or. any other person making a statemsat as to personal disRe for that particular ofiic r and not responding to a call like they were suppose[d] to have done. And the other cases, of course, there was none of that and the officer gave the supervisor of that particular shift the reasoning why he did-not reespond in whatever #' Aion he didn't respond. Tr. 423 - 426 Benfield tesffied that she had backed up Hechavarria on other oc ions. She da''t take the call for bask up on the day in question because she heard ' do the radio that there were other officers going who were +closer. She said if no other back up mats had responded she would have attempted to pick up the Gall. It was her understanding that two police units responded. She conFfi3aied to me.aor the radio. On crone =mkwtion Ben&ld testified: (. You < heard the audio tape of the communications often and yourself? A. 'Y'es. Q. Is that tape, as far as your conversation with Co atio s Officer Braur4 Ddr and accurate? Has it been altered in any way? A. No. Tr. 445 Banfield was not asked to exp on direct or cross- examnatior, the basis 't'or the comment during the telephone call to Brown that, `Teals, well I didn't get on the radio bemuse you know, he got me yesterday so I said screw it Theis I'm not going to take 15s with him." Ben&ld did testify that she had no disiike for Hwhavarria, Hechavarria didn't testify during the arbxt=on hem. There was no mtetnai affairs in stip�n conducted by the City so the arbitrator is without knowledge as to what, if any, animosity meted between Benfield and Heehavania. There were no statements taken by the City , from anyone. Apr -14 -03 MST= From -WIN GALLOP FIGUEREDp 305 -554 -5351 T -471 P- 011/025 F -147 The decision to terminate 13enfield's employment was based entirely on her statement to Braun that she was aot going to take 15s vrith Rechavania due to something he did the day before. The Union claims there was no violation of the rules for not responding to rou`ti 15 lack up calf and that Peaeld shouldn't have been tentninated., despite her remarks about Hechavarria. C ons OM= Braun testified that her duties are to monitor the radio the whole time she is on shift; answer the telephone-, send officers on calls and talk to the public_ On direct examination she was asked to explain how it works. when au officer puts out a elf° for a 15. Slr, responded: A: A 15 is a., is asking for - - it's routine. It's not au emergency, for an officer to respond to his locationj. More than: one officer may show up. Sometinmes officers, get on the radio and say they are responding and other titres an officer will just go on to that location. Q. If an of ='r does not get on the phone, get on the call and say he's not respond., is he suppose[d], she suMse(d] to go to the scene; ifyou know? IF you don't know you don't know. A. A routine 15? Not necessarily. If someone, if an officer gets on the radio and says that they are responding, then that person is responding to the 15. Q. What about the other officers who are working that day? Do they just decide not to go on their town or are they supposed] to respond? A. I guess they should respond but not everybody needs to respond It depends on wbat the call is. It depends on what's go' Ing on at the time.` Tr. 19 - 20 On cre ss- eemmination Braun testified as follows, regarding her responsibilities. Q. Right. And as far as your job in .monitoring, you monitor it for a variety of reasons; would that be fair to say? A. Yeah. Q. I mean you worst to make sure that calls are being responded to? ;i.o r s T t Apr -14 -03 09: Mm From -NAGIN GALLOP FIGUEREDO 305- 654 -5351 T -471 P- 012/025 F -147 A. I want to make sure calls are being responded' to. I would say, if I had to say the number one reason why I am listening to the radio is safety. Q. And of course that's what was going to be my next question, you're also there to insure that officers are backed up w1wa needed? A. eJ'ealt Tr. 36 Braun testified that two officers were recorded o.n the tape as responding to the call for a 15! Now, you made an knpom& paint hers. At least to your knowledge two other officers arrived on the scene to provide hack up. A. I believe they arrived on the scene. They said they were going to the scene. s right? Q. So they aowledged getting the call and going there on that date; _ A+ Correct. Q. How many anther officers were on that particular shy on that particalw day? .A, There was, I,believe there was a total of five officers. Q. So two of the five, to your knowledge, at least, arrived; correct? A. I would b ve to say on the radio they said they were going. to the scene so I would believe that they would have gone to the scene like they said they were. Th 34 Q. This was not 'an emergency? A. He came across the radio as this was not being an energerACy. � '.1'r. 41 11 ARr -14 -03 09 :38am From -NAGIN GALLOP FIGUERED4 305 -654 -5351 T -471 P- 013/025 F -147 The arbitrator asked: THF- ARBITRATOR: There is a 2 -15, 3 —15 and then a routine 15? TEE VvITI FSS; Correct. THE Al ATRA.TOR: What's the difference between a 2 15 and a routine 15? THE WITNESS: A 2 15 is yt ulm going to step it up. TBE ARBITRATOR: That's h little higher priority`?' UM WITNESS: llxactly. Exactly. Tr. 42 — 43 Regarding her responsilbility for offfeer safety, Braun testified: Q_ One of your jobs there is to (inure ajEcer safety? A. Corot. Q. On this particular day, if there had been any issue with officer safety, you =taidy would have put out a call that you were can ed through the airaves; correct? .A- Correct. Q. In other wards, you had the ability to contact specific units and ask them to respond to a particular situ A. Correct. Q. And if in any way you thought officer Hevaz:ria was in any kfnd of danger, imminent or otherwise, you certainly have the communication authority to nee that call and call units to rmpond? A. Yes, but in alt .actuality, the sergeant, he's the one that's' rumnning all of his officers. He's running the shift, Q. Well, at no time that we heard the communications that were presented here today at this hearing did we hear the sergeant interceding whatsoever in airy Of these corarm icatlons, do we? A_ No. 12 T M, — �. Apr -14 -03 09:38am From -NAGIN GALLOP FIGUEREDO 305- 854 -5351 T -471 P- 014/025 F -147 Q. So the sergeant, being in overall command of the shift, he wound have the authority to get on the radio and prioritize or order people to pick{ 'gyp a. particular call; correct. ,A.. Cormet, Q. And in this Gail, all we know is that immediately after Officer T chav =la, at least from the portion the City selected to play, is that two other offlccrs responded; correct? A. Correct. Q. And we can assume that that is the $a= iVf0rnaati0n that anybody else listening t0 the radio would have heard' A. Corot. Q. Is there at any time Qtr Hechavarria states that this individual that he is stopping may be awned or dangerous or is taking any hostile actions towwds Tan? A. N0. Q. If on that particular day you at any tinne would have thought that officer Hechavania needed additional backing beyond the two officers at least that we know that were there on the scene, you certainty would have gone on the radio and you would; put that information on; correct? A. Correct. Tr. 44 --- 46 Braum acknowledged that geographically the City is shall in area. Regarding the Police coverage she tcs iae(L Q. And on the wall over here to my right we have a. chart for demonstrative purposes, it says City Sm -Sces Diremmry, 'and it includes the zones that we' have beexx tal ag about} doesn°t it? A. Correct. Q. And the officers routinely go from zone to zone; isn't that true? A. Correct. Q. And the reas0n is because it's a s ll city; right? 13 Aar -14 -03 09: Ham From -NAGIN GALLOP FIGUEREDO 305- 854 -5351 T -471 P.015/025 F -147 A. Yes, it's a. sumn city. I dorft know Q. You said we have four to five oTicers per shift on duty: A. Correct. They are assigned. zones. They are suppose[d] to stay in their zone. They go to ether zones for numerous reasons aad primarily, sometimes we need two offers on one call they need aback up officer, they go to there �o another zone. Q. Is that the mom basically get ''one back up officer can a nail? A. It depends what call it is, Q. If it's a. routine I5? .k Correct. fir. 53 54 Captain. Bruce Ross, Administrative Division Corny nder, testified for the City. Among his responsibilities is to operate the Internal Affairs Section of the department. He testified that the work sheets for April 25, 2002 show that four ofoers responded. to Hechavania.'s call. Assistant Chief of Police, Micbael Nfillss, testified for the City. He is in charge of all ,miform patrol officers and supervisors. On direct exertion, he testified: Q. Now, is it an individual police officer's discretion, does she have the dis=etion to simply decide she's not responding to that call by Officer Hechavarria given that it was a 15 and not a 2 15 or a 3 -15? Does she have the discretion to say I'm not going? A. Based on - - if she Felt that she was the closest unit, she should respond. If she knew some reason that there were adequate ups closer and there was an adequate amount of units closer, she could have the discretion not to respond. I mean everybody should tape it upon; themselves to respond. Q. If she thought that there were ether units responding she, didn't have to respond? A. In order for her to not respond, she should know that there are other units closer that could effectively handle whatever it is that is being requested. Tr. 117 -11$ • _14 Apr -14 -03 09:38am From -NAGIN GALLOP FIGUEREDO 305- 854 -5351 T -471 P- 016/025 F -147 Captain Bruce Doss initially recommended a 30 -day suspension fvr $enfield_ He testiffed on direct.- Q. Let's talk about your recr nm=dation.. i noticed that you recor==ded that Officer B eld's punishment should be a '30 day suspension. Why did you recommend a 30 daysuspeusion as opposed to termination? A, I was under the impression that I did not have the authority to recommend a termination and I'm not quite sure where I gat that idea from I think it was from a previous administration, previous City Manager or police Chief but I didn't fl*& that anyone below the level of a department head cau't[sic] ' have authority to make that kind ofrecommendation. Tr. 124 -125 Q. If you could have reeamrnended that` she be terminated, would you leave or would you net have? A. I would have. In fact, even after I made the maxhnum recommendation that I thong I could make, I even had conversatbos with the Chief as he was considering his recommendation that, and he had indicated that his recommendation was probably going to be temination and I thought it was sometlzin.,g that was appropriate for this particular case. Tr_ 127 -12$ On cross-examination Ross teed: C►. Chie.P. routinely in these patrols, you have six unit zones; correct? A. Correct. Q. How pay officers are required to respond can a routine back ups' A- It depends. Q. It's very subjective, isn't it? A. Yes, it is. i Would you agree with the statement that if it's a routine back up call aud other units are closer and multiple unites are respondi , there is no need for every single unit in the city to respond to aroutine back up? 15 Apr -14 -O3 09:39am From -NAGIN GALLOP FIGUEREDO 305 -854 -5351 T -471 P.017/025 F -147 A. If you knew all that and you knew that the officers are responding, Mce I said before, were adequate for officer's safety, then no, you don't need to respond. Were there any other follow up calls there from Officer Hechavarda asking for additiortal assistance A. I don't think so, no. Tr. 149 Q. Isn't it true that officers aro not required to call in on ai routine back up call when they are to going to be responding to that back up call In ether words, you've got five units out there. Officer number one names a routine request for back up on a traffic stop, two units hear the request for track up and report in, the other two officers are otherwise engaged. They are not required under the rules and regulations of this department to call in and say: by the way, on that routine back up call, I'm► not going in there right now? A: No, they are not required to do that. Tr, 153 Q. Aren't oft= suppose[d] to patrol a particular zone? A. Generally speakh*. It's a fairly small city and for kstauce, to go from the police station tai, `which is in Zone 4, to get to Zone 1, you have to go through Zones 2 and 3, that type of thing. So it's small and it's not unusual for you to not to be in your zone. Q. And somebody at the police station, as you nx entioned earlier, would }nave beea abbe to get there within a minute or two, correct? To tho location that was given by Officer Hecl varria? A. Yeah, , if they had a ear available to them, and I mean depends on ghat they were doing: Tr. -1.54 Former City Manager, Charles Scurr, testified that he was the ultimate' deciding authority for the decision to tern.*we Benfield's employment. He listened to the tape and reviewed the 16 Apr -14 -03 08:38am From -NAGIN GALLOP F1GUEREDq $05 -654 -5351 T -4T1 P.018/025 F -147 transcript and other documents that accompanied the Discipliz ry .Action. Report. On crass- ommiaa ion Scut ' testified: Q. Isn't -it also true that if enough or sufficient units are responding to the request for back up subjectively an officer is not obligated to respond to a routiaie 152 A. I would thank that probably is carrot, yes. Tr. 238 Q. Is it your testimony that if two units from adjoining zones had arrived, that would have been adequate back up on a routine 15? A. On a routine, yes. Tr. 247 Cokes Watson, Chief +of pa ioe, testified on cross-examination, as follows: Q. Isn't it true that nearly 80 pent of the officers on patrol actually responded to that call.` A. About, yes. Q. Isn't it also trope that the officers who were responding to that scene acknowledged that they were going to back up OTIcer Hechavarria? A. That's correct, I mean that's within the frazwork of them responding back to the radios as to they are ; going to be taking the 15 with that particular offfc r, yes. • Q, Those trans - sions ire put out through the airwaves where any either officer on patrol could hear it. A, That's correct_ Q. Ysn't it also trace that there is no policy in the City of South Marni that demands that on a routine 15 every officer who hears the call on the radio respond to provide that back up if it's a routine back up and tither oflficners are responding? A. That's correct. Tr. 273 17 Apr -14 -03 09: Ham from -NAGtN GALLOP FIGUEREDO 305 -854 -5351 T -4i1 P.019/025 F -147 Q. Isn't it true, Chief, that if Officer Hechavania thought that he was in any kind of physical danger or imrnineat danger or an emergency, in reed of rescue, assistagee for bade up, he could have asked for a 2 -15? A. Yes. Q. Wt it true that he could have asked then also , if he thought it was even grea=ter danger for a 3 15 ?' A. Absolutely. Q. Is the radio communications m=onitored here at the polite departfficnt? A. Yes. , Tr. 299 Q. Let the ask you, if not for the tape, you wouldn't have disciplined Officer 1363561d; correct? If it's nothing tW we were aware of Q. Because the truth of the matter is you don't discipline of cers for not appearing for routes l 5s? A. That would be a mm statem=ent; however, we discipline officers who call in and make a conscious decision to sa=y that I'm not backing this person up , because I have a personal grudge against this particular person, whatever else that they may conjure up. Tr. 299 -- 290 Regarding B eld's smterncnt on ft telephone that site wasn't going to take 15s for Recha�varria, Watson. was questioned by Union Counsel: Q. On that statement alone; Chie4 let me ask this orl re cross, on that statement alone, did you ever find out from any source - - let me ask you, did' you ever find out From Officer Bcnfaeld what she meant when she said he gat me yesterday' A. No. Q. Did YOU ever get anY explanafiOn from Officer Benffeld for that stAternent 1 Apr -14 -03 09 :39am From -NAGIN GALLOP FIGUEREDO 305 -654 -5351 T -471 P- 020/025 F -147 A. No, I don't 'believe so. Tr. 335 (]pinion and Conclusion No one can question the seriousness of a police 'officer iartentionally deciding wt to respond to another officer's request for back up TDisciplauary action for such conduct is defnkely warranted mod, in most cases, kmiediate termination would be appropriate, unless there are Mitigating circumstances that would wmant a lesser penalty. It is clear tlW Benfleld made a conscious decision not to I respond to Hechav ia's request for a routine 15 bade up assistance on April 25, 2002. The City maintak Benfeld didn't have the option not to respond, especially when her reason is because she doesn't like the officer requesting back up. Be ad's comments ants to Braun, the Communications Officer, shows that she obviously had some dislike for something that occurred the day before between her and Hechavama. However, Benfleld testified that if no other back up units had responded she would have attempted to pick up the call No one asked her what the - incident was that she referred to when she said he "got � yesterday". From the testhnony, it appears that the radio transmission by the two officers who wiere responding to the call for back up, occurred prior to Berfleld's telephone discussion with Braun, so they would both know that two units were respond ng.. The testftnolly Of City witnesses established that officers do not have to respond, or report on the radio that they are not responding to a routine 15 request, if they know suf&ient sinks are responding. That is the situation the Union cfal= Benfield was in. She knew from the radio trammissions that two units were responding so she didn't have to respond or call. in.. The Union did not attempt to justify the remarks Benfield made to Braun is the telephone discussion, h()Wever, the Union maintains that termination is too severe for a 14-year employee with an otherwise good record. The arbitrator tends to agree. Had this been a higher-level request, such as a 2 -15 or 3 -I5, discharge would be`appropriate, BW Berffield not heard on the radio that 19 };. Aar -14 -03 09 39a From -NAGIN GALLOP FIGUERED4 305- 354 -5351 T -471 P- 021/025 F -147 two patrol units were responding, and there were no otl= mitigating circumstances, discharge would be appropriate for intentional failure to respond to the request for a routine 15 back up, because even routine traffic stops can present dangers, especially where there is a known wit out for the arrest of the vehicle's occupant. The city cited a number of arbitration . awards that hold to the principle that whore an employer has met its burden.' of proving that are employee has coated conduct an arbitrator should not substitute his decision for the employer's decision regarding the appropriate penalty. Probably the most cited oases Stockbohn Pipe Fittings Co. I LA 160,162 (McCoy, 1945 ), where the arbitmor stated: ' .. Ifmamgement acts in good faith upon a fair ifivestigationi and .fixes a penalty not inconsisteDf with that imposed in other' like cases, an arbitrator should mot disturb it: The mare fart ` that mmwement has imposed a somewhat different penalty or u somewhat more severe penalty than the arbitrator would Dave, if he had had the decision to make originally, is zio justification for changing it.. The only Circumstances under which a penalty imposed by ananagement can be rightfiffly set aside by an arbitrator arc those where discrimination, unhfinm, or capricious and arbitrary action are proved — in other words,. where there has been abuse of discretion. This arbitrator has cited the Stockholm case many times in upholding management's decision regarding the appropriate penalty. However, there is more to determir ng jest cause than just making a hiding tl= an employee oo=iued misconduct. In detea h3kg whether there is just cause for discharging an employee, the arbitrator nee€is to comider whether the degree of discipline is reasonably related to the seriousness of the offense. In Grief Bras.- Cooperagg Coin 42 LA 555, 557 - 559 (Daugherty, 1964), Arbitrator Carryall Daugherty developed a seven-factor test that has been widely accepted among arbitrators. In determining whether just cause exists in =y par&-ahr ear, the wkg Mors arc pertinent to the circumstances in this case: 6. Ras the company applied its rules, orders and penalties evenhvudedly and Without discrix 3tion to all employees . Note 1: A. "no" answer to d& question requkw a. imding of dis��tion and warrants negation or modification of the discip3ii e impase& 2 Apr -14 -03 09:40am From -NAGIN GALLOP FIGUEREDO 305- 854 -5351 T-4i1 P.022/025 F -14T 7. Was the degree of discipline administered by the company in a particular ease reasonably related to (a) the seriousness of the employee's proven offense and (b) the record of the employee in his service with the c€ mparrp In indbina Convention [renter, '98 ilk. 713, 719 (Aaron S. W611%, 1992), the arbitrator explaizxed his definition oflust cause as follows; . the essence of "just cause" is that the employer, in oarrying out its inherent or &Vress right to discipline employees, mast do so in a manner that is not unreasonable, arbitrary, capricious or diserfininatory, That is ihe quintessea zit meaning of gust cause" in the labor contract setting. In Airfoil Forging TextrorL 106 LA 945, 950 (Joseph. A. Yjexr4 1996), the arbitrator noted that the initial determination of the degree of penalty to be imposed is primarily the function of rmnagement. However, the second factor that must be considered in all cases when the termination penalty is imposed is, "Did the penalty fit the crinW', and was it a. mituble penalty as applied to the grievant in light of all mitigating, extenuating and ' aggravating circumstances. Arbitra or fiat cited lemon Fozer Shovel a 64-3 ARB 19155 (1964), ow of his former decisions, where he stated: A discharge is the ultimate penalty with respect to an employee '9 relationship with his employer; having been often aptly referred to -ecommic capital punaishmnt ". To conclude that a discharge was for proper cage, the penalty must not only `fit the crime" but it nmst be a suitable penalty applied to the individual involved. Before discharging an employee, it is incumbent upon the Company to consider an employee's length of service, his exemplary record, and of I other mitigating or extenuating factors For only after a careful analysis of all circumstan= = a discharge be deemed to be for proper cause under the provisions of Collective Barga'rziag Agreement, Arbitrator Hwy H. Platt is quoted in Ellcouri & Elkvuri, as follows, regarding an arbitrator's authority to modify penalties. In many disciplinary cases, the reasonableness of the penalty imposed on an employee rather than the existence of proper cause for disciplining him is the question an arbitrator moist, decider This is not spa under contracts or subnission agreements which expressly proluffik an arbitrator fmm modifying of reducing 21 TV The Union presented documentation that supports its Maim that the City has not applied its rules and penalties even-handedly in situations where officers W to respond to routine 1S requests for track up. Officer Everett was issued a'supervisor's coaching for failure to respond to a female o cer's request for a routine 15 back up why sbc was prq=k g to stop a. vehicle with three male occupants. Everett's reason for faaJirig to respond was that he was in the North end of the zona and he thq ht a elaiser unit would hack up the off: The supervisory coacbing report issued to Everett is an example ofBAng a penalty inconsistent with that imposed in other lice oases. The arbitrator fords &A the Everett and Ben field circ=stances are similar. Each made a decision not to respond to a. routine 15 back up request. The difference that the City focuses ou is Eenfieldys expression to Braun that she wasn7t going to respond because of something Hechaverria did to her can the day before. However, the evidence is clear from the radio transmission that 'Ben-field Jcraew otboTofficers were responding- presented un- rebutted testimony that sbc }packed tip Hcehavarria, before and that she would have allempWd to do so on A.priJl. 25s 2002 if no odw back up units had resWn&L There was little or no investigation of the Ben field incident by the City. The htemal AAim Unit was not requested to perform an investigation. No statements were taken from Hechevarria or Bezafiield. There was no check of the records to determine the level of discipline that was issued for any failures by other officers to respond to routine ;1 S bad up requests. 22 S, Apr -14 -03 09:40am Prom -NAGIN GALLOP FFGUEREDO 305- 854 -5351 T -471 P.024/025 F -147 ; The arbitrator does not condone the statements made by :Benfield in the telephone discussion, with Braun. She obviously should not have made the remands. At a 7 1 mm' her conduct violated ]department Rule 3.09. Common sense would dictate that personal disputes should not be a factor in detetminhtg when to respond to aback up request. If Benfleld had an on- duty gripe with something Hechavarria dial the day before, she should have reported it to her supervisor or Pied a. grievance. However, the City }ears some responsi`brlily, for the fact that the Communications Officer took no steps to get Bonfield to respond to the request from Hech varria. Braun was not disciplined. for Sow along with the conversation. It appears, from the testimony, that the City did not place rxsach, if any, emphasis on Bdn Id*s relatively clean work record during her 14 years of service. There was no testiInony from Hechavarria, or any evidence that' there was an ongoing feud between Benfmld and Hechavarris. Had the City conducted a more thorough investigation, it may have concluded that a pwalty less than discharge would have been more appropriate for Beaaid. °s remnks to Braun during their telephone discussiom The arbitrator concludes that the City has eked to prove that Den field was obligated to respond. to Rechavarria's request for a routine 15 back up on the date in question, because she presence u -reb atted testimony that she heard on the radio that two police units were respondiug. It was well established through City witnesses that officers do not have to respond to routiaue 15 back aap requests when they know saafc ent eats are responding. Based on all of the circumstances and mitigating factors in this case, the arbitrator concludes that the discharge of Benfield.d was not for just cause. However, in view of the t rbat Benfield is not without fadt for her lost tune from work, she roust bear a Penalty in the way of a suspension, without pay, fbr a period of 60 calendar days from the date of her discharge. 2 ?�,�.� ,�.. r�.y�r,�-- ,e���'; ..,[,,' _ �`.. �,., F.' . Y. ,'a^ . i* .'fir. �", •:^—"' ,'X- -, < � . �`'... . �"t.�, < �-,�; Apr -14 -03 09:41am From -NAGIN GALLOP FIGUEREDO 305- 654 -5351 T -471 P.025/025 F -147 Award The discharge of Deborah Benfield on September 20, 2002 was not for just cause. Beheld shall he reinstated, forthwith, to the same or similar position The City shall chatge the discharge to a rlisciplft=7 suspension of 60 calendar days, without pay, from the elate of dLwbarge. BeZm eld shall be rt-k #mod without loss of semaority and other ben is that she is entitled to pursuant to the te=s of ft Coflmflve BargamM Agreement and City policy. BenfieId shall receive back pay for the period after the 60-day suspension until she is reihsrated, mfims my intqrim. ear .gs. �arcrlf i�. smith I?a' Arbitrator 24