06-17-03MAYOR: Horace G. Feliu 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
City Commission Workshop
Meeting date: June 17, 2003 6130 .Sunset Drive, South Miami, FL
Next Regular Meeting date: July 22, 2003 Phone: (305) 663 -6340
Time: 7:00 PM
City of South Miami Ordinance No. 6 -86- 1251 requires all persons appearing in a paid or
remunerated representatire 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.
1 Discussion - FY 3002 -04 Proposed Budget
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.
CITY COMMISSION 1
WORKSHOP -.May 29, 2003
— s . 71-1 j�-- -; -�; "'w�'- .,.;`�- s„��':. r; .,fit °�rT r„
MAYOR: Horace G. Feliu CITY MANAGER: Sandy Youkilis (Acting)
VICE MAYOR: Mary Scott Russell CITY ATTORNEY: Earl G. Gallop
COMMISSIONER. R. David D. Bethel CITY CLERK: Ronetta Taylor, CMC
COMMISSIONER: Randy G. Wiscombe
COMMISSIONER: Dan McCrea
SPECIAL CITY COMMISSION AGENDA
City Commission 11iMeeting
Meeting date: June 17, 2003 6130 Sunset Drive, South Miami; FL
Next Regular Meeting date: July 23, 2003 Phone: (305) 663 -6340
Time: 5 :30 PM
City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in -_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:
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
1. 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
(Commissioner Bethel)
2. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO ENTERING INTO.A
NON- EXCLUSIVE GAS FRANCHISE AGREEMENT WITH NUI
UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC RIGHTS
OF WAY OF THE CITY OF SOUTH' MIAMI, FLORIDA, AND
PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE
FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND
PROVIDING FOR SEVERABILITY,`ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. (City Manager) 3/5
SPECIAL CITY COMMISSION' 1
AGENDA June 17, 2003
RESOLUTION(S)
3.
A_RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI SELECTING AS CITY
MANAGER, AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE
AN EMPLOYMENT AGREEMENT INCLUDING SALARY, BENEFITS AND
PERFORMANCE EXPECTATIONS WITH THE SELECTED CANDIDATE;
SAID AGREEMENT TO BE APPROVED BY THE CITY COMMISSION;
PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER
DISPLAYS UNLIMITED, INC., FOR THE ANNUAL JULY 4TH
CELEBRATION, AND AUTHORIZING THE :PURCHASE OF FIREWORKS
BY THE PARKS & RECREATION DEPARTMENT FOR A TOTAL PRICE
NOT TO EXCEED $8,000.00 (EIGHT THOUSAND DOLLARS), AND
PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001-
0000 - 219 -7500, u4 TI OF JULY DONATION ACCOUNT" IN THE
AMOUNT OF - $3,300.00, AND ACCOUNT NUMBER001- 0000 -219-
3500, "PARKS &'RECREATION REGULAR DONATION ACCOUNT" 'IN
THE AMOUNT OF $4,700.00; PROVIDING AN EFFECTIVE DATE.
(City Manager) 3/5
S.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $8,546.23
TO MIAMI BUSINESS TELEPHONE CORP. FOR THE INSTALLATION
OF A TELEPHONE PAGING SYSTEM AND RUNNING A FIBER OPTIC
CABLE FROM PHASE 1 TO PHASE 2 OF THE MULTIPURPOSE
CENTER AND CHARGING`` THE DISBURSEMENT TO ACCOUNT 001 -
0000- 131.1455 TITLED CDBG / CONSTRUCTION MANAGER AT
RISK (MULTIPURPOSE PHASE II). AND PROVIDING FOR AN
EFFECTIVE DATE. (City Manager) 3/5
6.
A RESOLUTION OF THE MAYOR AND CITY` COMMISSION OF THE
CITY OF SOUTH MIAMI RELATED TO SNAPPER CREEK ANNEXATION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN °INTERLOCAL
AGREEMENT BETWEEN THE CITY AND Miami DADE COUNTY FOR
THE PURPOSE OF IMPLEMENTING THE SNAPPER CREEK
ANNEXATION; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH Miami DIRECTING THE CITY MANAGER TO
INITATE A COMPARATIVE SALARY STUDY ON ALL NON- UNION,
EXEMPT AND 'EXECUTIVE POSITIONS WORKING FOR IN THE CITY
OF SOUTH MIAMI AND REQUESTING THE RESULTS TO BE
SPECIAL
CITY COMMISSION 2
AGENDA
- June 17, 2003
4_
PRESENTED TO THE CITY COMMISSION AT ITS FIRST MEETING
IN JULY; PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
8.- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING SHIRLEY HUEBNER, ALFONSO J.
PEREZ, JAY BECKMAN, ROSEMARY MANN, MIKE MALOR, ALBERT
S ELIAS, AND ALEX ABRIL TO THE PARKING COMMITTEE FOR
TWO YEARS TERMS ENDING JUNE 17, 2005 OR UNTIL
SUCCESSORS ARE DULY APPOINTED AND QUALIFIED PROVIDING
AN EFFECTIVE DATE. (Mayor Feliu) 3/5
9. A RESOLUTI "ON OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI APPROVING A PROFESSIONAL
SERVICES FEE OF NOT TO EXCEED $20,000 (TWENTY THOUSAND)
FOR MCHARRY & ASSOCIATES FOR UPDATING THE MURRAY PARK
MASTER PLAN AND TO PREPARE PRELIMINARY DESIGN AND COST
ESTIMATES FOR THE MURRAY PARK POOL, AUTHORIZING THE
DIRECTOR TO DISBURSE SAID FUNDS FROM ACCOUNT NUMBER
001- 0000- 115- 70 -43, ENTITLED OCED POOL DESIGN; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PAYMENT OF
2001 AD VALOREM TAXES 'IN THE AMOUNT OF $7,441. >85 FOR
THE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE (ALSO
KNOWN AS THE HAMMOCK HOUSE); CHARGING ACCOUNT NUMBER
001 - 2100 - 519 -9920, ENTITLED "GENERAL CONTINGENCY "; AND
PROVIDING AN EFFECTIVE DATE'.
(City Manager) 4/5
11. 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 i
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 3
AGENDA- June 17, 2003'
o Soul' South Miami
..,
All- Amerta City
• 'INCORPORATED • if
1927
2001
Excellence, Integrity, Inclusion
TO: Honorable Mayor, Vice Mayor
& City Commission Date: May b, 2003
FROM: Sanford A. Youkilis ITEM NO.
Acting City Manage RE: City Code Amendment
Department Reorganization
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.
BACKGROUND
At the City Commission meeting on April 15, 2003, the City Manager proposed several
organizational and administrative changes. The changes being proposed will impact the
preparation and structure of the FY 2003 -2004 Budget and should be incorporated into the City
Code. In summary the recommendations are being made in order to increase efficiency and
improve service and to reflect existing situations. The changes are amendments to City Code
Chapter 2, Article II and will require the adoption of an ordinance'.
Landscape Maintenance Division The Landscape Division which is currently part of the Parks
and Recreation Department is to be shifted to the Public Works Department as part of ,a new
Street and Landscape Maintenance Division This involves six employees and related equipment.
This recommendation is based upon the need to expand the Department's abilities to provide a
comprehensive approach to street and landscape maintenance throughout the City. Due to the
multiple tasks assigned to Public Works, this would be an excellent opportunity to cross -train
and expand the skills of these employees.
The City Code Chapter on Departmental duties does not clearly indicate that right -of way and
public property landscaping is the responsibility of any Department It would be appropriate to
(2)
add the following wording to Section 2 -14 (Public. Works functions..) "(j) Provide landscape
maintenance for City rights-of-way, swale areas, and all other public properties. "
Central Purchasing This function is listed in the Code as part of the City Manager's office
(Administration department) but is currently functioning appropriately as a division of the
Finance Department. A Code amendment (Section 2 -8) is being recommended to show this
function as part of the Finance Department's duties.
Code Enforcement Division The Code Enforcement Division is now functioning as a division
of the City Manager's office. City Code Section 2 -7 should be amended to list this Division as a
responsibility of the City Manager's office (Administration department).
It is important to note that a previously mentioned administrative change, the consolidation of
the occupational license responsibility in the Finance Department will not be implemented at this
time.
RECOMMENDATION
It is recommended that the proposed ordinance be adopted on first reading.
Attachment
Proposed ordinance
City Code Chapter 2 Article H pp 8.3 -12
SAY
JAACM FILETM Memo Reorganization Ord 5 -6.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO DEPARTMENT REOGANIZATION
5 REVISING ARTICLE II OF THE CODE OF ORDINANCES ENTITLED
6 "DEPARTMENTS ", BY AMENDING SECTION 2 -7 PERTAINING TO CODE
7 ENFORCEMENT DIVISION; BY AMENDING SECTION 2 -8 PERTAINING TO
8 CENTRAL PURCHASING; AND BY AMENDING SECTION 2 -14 PERTAINING TO
9 A STREET AND LANDSCAPE DIVISION; PROVIDING FOR SEVERABILITY,
10 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
11
12
13 WHEREAS, the City Manager has advised that certain changes in the Departmental organization of
14 the City as set forth in Chapter 2, Article IT of the City Code is required in order to increase efficiency and to
1.5 improve service; and
16
17 WHEREAS, certain revisions to the Departmental organization of the City as set forth in Chapter 2,
18 Article II of the City Code are required in order reflect current assignments and responsibilities; and
19
20 WHEREAS, these revisions which will impact the preparation and structure of the FY 2003 -2004
21 Budget should be incorporated into the City Code.
22
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. That Sec. 2 -7 of the City of South Miami City Code entitled "Administration department;
28 functions and duties" is hereby amended to read as follows:
29
30 Sec. 2 -7. Administration department; functions and duties.
31
32 The administration department shall operate directly under the supervision of the city manager and
33 shall consist of the following divisions and duties:
34
36
37 (a) Code Enforcement Division, which shall provide field enforcement of all zoning codes and
38 ordinances.
39 (b) Personnel division shall act as secretary to the personnel board, hire all help, keep all employee
40 records on employment, vacations and sick leave, handle all matters pertaining to group insurance
41 and retirement funds; and any other duties related to personnel records.
42 (c) The city manager shall establish fees to be charged for the furnishing of copies of city records and
43 documents. The city manager shall establish fees to be charged for participation in city sponsored
44 programs, including but not limited, to those conducted by the recreational department; a different
45 schedule of fees may be established for nonresidents of the city. Where services are performed by
46 the city and a fee not established by the eouneil commission, the city manager shall establish such
47 fee. A list of all fees and charges established by the city manager shall be on file with the city
48 clerk together with all amendments and changes thereto and available for public inspection. All
49 fees and charges established pursuant hereto shall be predicated upon the actual cost to the city
50 and subject to review, by the city email commission.
51
52
1
2
3
4 Section 2. That Seca 2 -8 of the City of South Miami City Code entitled "Finance department is
5 hereby amended by adding sub- section (d) to read as follows:
6
7 Sec. 2 -8 Finance department.
8 •
9
10 •
11 (d) Central purchasing for all city activities.
12
13 (e) In the absence of the director of finance or the city manager, the city clerk shall sign or
14 countersign all checks.
15
16
17 Section 3 That Sec. 2 -14 of the City of South Miami City Code entitled "Public works mdepartment;
18 functions and duties" is hereby amended to read as follows:
19
20 Sec. 2 -14. Public works department; functions and duties.
21 The public works department, under the supervision of the director of public works, shall perform the
22 following duties:
23 (a) Construct and maintain all streets, alleys, bridges and sidewalks, on city property.
24 (b) Construct and maintain all storm sewers or other surface water drainage systems built on city
25 property.
26 (c) Maintain all city owned buildings.
27 (d) Operate the central repair and maintenance garage.
28 (e) Construct and maintain all city parks and playgrounds.
29 (f) Collect and dispose of all garbage and trash as required in Chapter 11 of the City Code.
30 (g) Maintain all property and equipment assigned to this department.
31 (h) Prepare and maintain all records pertaining to this department, as required by the city manager.
32 (i) Perform all other functions as required by the city manager.
33 (i) Provide landscape maintenance for City rights -of -way, swale areas, and all other public
34 properties. ','
35
36 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
37 unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
38 portions of this ordinance.
39
40 Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
41 repealed.
42
43 Section 6. This ordinance shall take effect immediately after the adoption hereof..
44
45 PASSED AND ADOPTED this day of 2003.
46
47 ATTEST: APPROVED:
48
49
50 CITY CLERK MAYOR
51
52 (2)
RM
1
2
1" Reading
3
2nd Reading
4
5
COMMISSION VOTE:
6
READ AND APPROVED AS TO FORM:
Mayor Feliu:
7
Vice Mayor Russell:
8
Commissioner Wiscombe:
9
CITY ATTORNEY
Commissioner Bethel:
10
Commissioner McCrea:
11
12
13
14
15
16
17
Note: Wording to be removed is shown with sm;vh;
new wording is shown in bold and underlined,
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 .'
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
(3)
2 -7 ADMINISTRATION AND CITY GOVERNMENT § 2 -7.1
a
a a c�t3a�tivi
( l_ Personnel division; shall act as secretary to the per-
sonnel board, hire all help, keep all employee records
on employment, vacations and sick ;leave, handle all �--
matters pertaining to group insurance and retirement
funds; and any other duties related to personnel rec-
ords.
(c) ; -The city manager shall establish fees to be charged
for the furnishing of copies of city records and docu-
ments. The city manager shall establish fees to be
charged for participation in city sponsored programs,
including but not 'limited, to those conducted by the
recreational department a different schedule of fees
may be established i for nonresidents of the city. Where
services are performed by the city and a fee not estab-
lished by the council, the city manager shall establish m
such fee. A list of all fees and charges established by
the city manager shall be on file with the city 'clerk
together with all amendments and changes thereto and
available for public inspection. All fees and charges
established pursuant hereto shall be predicated upon
the actual cost to the city and subject to review by the
city council.
(tt, The administration department shall perform such
other functions as required by cit counciDj0r -d: ;Na:
404, § -4) 4 -1 -58; Ord. No. 538, 6-14-46Y
a
Amendment note —Ord. No. 538 purported to amend § 2 -7 by adding
subsections (c)' and (d), however, in effect, said ordinance added a new r°
subsection (c) and redesignated former subsection (c) as.snbsection..(d).-
Sec. 2 -7.1. Supervision, duties of inspection station and park-
ing control division.
The inspection station' and parking control division shall
be under the direct control of the city manager and shall have
the following' duties
(a) Operation of the city's motor vehicle inspection station
and issuance of motor vehicle inspection certificates.
Supp. No. 14
9
§ 2 -7.1 SOUTH MIAMI CODE. § 2 -8
(b) Installation, repair and service of parking meters.
(c) Nonexclusive enforcement of ordinances and regula-
tions relating to inspection and parking of motor ve-
hicles. ( Ord. No. 462, 10 -3 -61)
Amendment note —Ord. No. 462 amended this Code to add a new
§ 2 -7A. The editors have redesignated said section as § 2 -71 above to
conform to the format of this Code.
Sec. 2 -8 Finance department.
The finance department shall be under the supervision
of the director of finance and shall have the following duties
(a) Auditing division.
(1) Auditing of all receipts and expenditures.
(2) Keeping of all accounts of the city and issuing
such reports as required by the city manager.
(3) The director of finance shall countersign all
checks, after verification of 'availability of funds.
(b) Treasury division, under the immediate supervision
of the city manager, shall perform the following func-
tions
(1) Maintain custody of all city funds, investments
and securities, including the deposit, withdrawal
and recording thereof.
(2) Negotiate all loans.
(3) The city ; manager, as treasurer, shall` sign all
checks, notes, and bonds of the city.
(c) G'oUection division, under the direct supervision of the
finance director, shall perform the following functions
(1) Bill and collect all waste accounts.
(2) Assess, bill and collect all property taxes.
(3) Bill " and collect all occupational taxes, rentals,
license fees, and other charges.
(4) Maintain ;proper records pertaining to duties of
this division,
(5) Perform all other duties as required by city man -
ager.
supp. No. 14 ((
10 i
i
j
I
I
I
62-8 ADMINISTRATION AND CITY GOVERNMENT 2.10
(d) In the absence of the director of finance or the city
manager, the city clerk shall sign or countersign all
checks.
(Ord. No. 404, § 1, 3 -1 -58; Ord. No. 474, § 2, 10- 16-62)
Sec. 2.9. Reserved.
Editor's note -Ord. No. 554, § 1 adopted March 7, 1967, specifically repealed
§ 2.9 derived from Ord. No. 4, enacted April 1, 1958, which listed the functions and
duties of the fire department, inasmuch as the city has entered into an agreement
for fire protection to be furnished by Metropolitan Dade County.
Sec. 2 -91. Reserved.
Editor's note— Section '2 of Ord. No. 1634, adopted May 6, 1997, deleted §
2 -91 in its entirety. Formerly, said section ;pertained to the public defender - and
derived from Ord. No. 583, $ 1, adopted Nov 7,1967; Ord. No. 656, § 1, adopted
July 22, 1969; and Ord. No 785, § 1, adopted July, 17, 1973.
Sec. 2 -10. Legal department; functions and duties.
The legal department shall consist of a city attorney and an
associate' attorney, the associate attorney to serve in the absence
of the city attorney.
The legal department shall perform the following functions:
(a) Represent the city in all matters in which the city has an
interest coming before any court or tribunal, except in
such cases as other arrangements may be specifically
made by the city council.
(b) Advise the council, manager, and department heads in all
cases when legal opinion is required and requested.
(c) Draft all deeds, leases, contracts, and other legal instru-
ments as required.
(d) Represent the city in all sessions of the .municipal court,
(e) Perform all other related functions as required.
(Ord. No 404, § 3, 4 -1 -58)
Cross reference — Office of associate city attorney created, duty and compen-
sation of associate city attorney, §'2 -4.1.
Supp. No. 54 10.1
§ 2 -11 SOUTH MIAMI CODE § 2 -13
Sec. 2 -11. Reserved.
Editor's note—Section 2 of Ord. No. 1636, adopted May 6, 1997, deleted §
2 -11 in its entirety. Formerly, § 2 -11 pertained to the municipal court department
and derived from Ord. No. 404, adopted April 1, 1958.
Sec. 2 -12. Police department; functions and duties.
The police department, under the supervision of the police
chief, shall have the following functions:
(a) Enforce the laws and ordinances.
(b) Prevent crime and maintain peace and order.
(c) Protect lives and property from malicious damage and
m1ury°
(d) Operate and maintain all city parking meters.
(e) Operate all city owned and operated parking lots.
(f) Maintain and care for all property assigned to the police
department.
(g) Prosecute all violations within its jurisdiction.
(h) Prepare and maintain all records required by law and the
C ity manager:
(i) Install and maintain all traffic regulatory signs and
signals.._
0) Maintain all traffic control street markings.
(k) Perform all other related functions as required.
(Ord. No. 404, I§ 1, 4 -1 -58)
Sec. 2-13. Building, zoning and community development
department functions and duties.
The building, zoning and community development department,
under the director of building, zoning and community develop -
ment, shall perform the following functions:
(a) Enforce all building, plumbing and electrical codes;
(b) Enforce all city zoning codes and ordinances;'
(c) Enforce all subdivision and platting regulation;
Supp. No. 54 10.2
§ 2 -13 ADMINISTRATION AND CITY GOVERNMENT $ 2 -14
(d) Prepare for review by the city's planning board and for
adoption or rejection by the city council all matters
pertaining to zoning, subdivision control and related city
regulations and codes;
(e) Supervise the studies of city population, land use, facili-
ties, resources and needs and other factors which influ-
ence the city's development and.. on the basis of such
studies prepare such official and other maps and reports
as, taken together, constitute a master plan for the
welfare, recreation, economic and physical development
of the city:
(f) Implement and supervise construction, regulate and main -
tain all sanitary sewer systems on city property; and
(g) Perform all other functions as required by the city man-
ager.
(Ord. No. 945,'§ 1, 7- 19 -77) h,
Sec.LL 2 =14'�° public vrorks tdepartment; functions and duties.
The public works department, under the supervision of the
director of public works, shall perform the following duties:'
(a) Construct and maintain all streets, alleys, bridges and
sidewalks, on city property.
(b) Construct and maintain all storm sewers or other surface
water drainage systems built on city property.
(c) Maintain all city owned buildings.
(d) Operate the central repair and maintenance garage. ;
(e) Construct and maintain all city parks` and playgrounds.
(f) Collect and dispose of all garbage and trash as required in
Chapter 11 of the City Code.
(g) Maintain all property and equipment assigned to this
department.
(h) Prepare and maintain all records pertaining to this de-
partment, as required by the city manager.
(i) Perform all other functions as required by the city man
9m ager.
(Ord. No. 404, § 3,4-1-58; Ord. No. 775, § 1, 4 -3 -73; Ord. No. 946,
§ 1,7- 19 -77)
Supp. No. 54
§ 2 -15 SOUTH MIAMI CODE § 2 -17
Sec. 2-15. Records department; functions and duties. ;
The records department, directed by the city clerk, shall
perform the following duties:
(a) Prepare, maintain, publish and index all proceedings of
the city council.
(b) Arrange for all elections and maintain all election records.
(c) Act as ,supervisor of registration.
(d) File and preserve, as required, all contracts, bonds, oaths
Of office, and other documents.
(e) Shall be clerk of the municipal court.
{fl File, preserve, and codify all ordinances and resolutions.
(g) Shall have authority to administer oaths and issue war-
- rants for the arrest of persons violating ordinances of the
city.
(h) Perform all other related functions as required by the city
council:
(Ord. No. 404, § 3, 4 -1 -58)
Sec. 2 -16. Recreation department; functions and duties.
The recreation department, supervised by the director of
recreation, shall perform the following functions:
(a) Develop a general recreation program for the city.
(b) Operate the recreation activities on all city owned or
leased properties.
(c) Maintain and operate all property assigned to the recre-
ation department.
(d) Prepare and maintain all "records pertaining to the de-
partment.. as required by the city manager.
(e) Perform all other related functions as required.
(Ord.' No. 4040 § 3, 4 -1 -58)
Sec. 2 -17. Reserved.
Editor's note- Section 2 of Ord. No. 1635, adopted May 6, 1997, deleted $
2 -17 in its' entirety Formerly, such section pertained to the library department
and derived from Ord. No 511, § 1 adopted Oct. 5, 1964.
Supp. No. 54 12
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air..
CITY OF SOUTH MIAMI
v"
INTER - .OFFICE.. MEMORANDUM
To; Mayor and city comm'n. Date: May 29, 2003-
Sandy Youkilis, city, manager
Ronetta Taylor, city clerk
From: Eve A. Boutsis, office of
Earl G. Gallop, city attorney Re: NUI gas utility franchise ordinance
This memorandum presents an outline of subjects to be addressed in a proposed
ordinance revising the city's gas utility franchise agreement. The city's code requires the
franchise agreement to be written as ` an ordinance. The city's prior utility franchise
agreement was for a 30 -year term and provided the city with a 6% franchise fee.
Subsequent to the franchise's adoption the federal government required NUI and other gas
pipelines to transport gas for other entities, for a charge. However, as other entities were
now distributing gas through NUI's pipelines the city began to lose franchise fees, as the
city's ordinance did not allow the city to seek fees for gas that NUI transported for third
parties. The current ordinance rectifies this situation. The city earns its franchise fee based
upon NUI's "gross sales." Gross sales now includes the term "transport."
The NUI gas franchise ordinance has been modified in several material respects: term;
amount of the utility franchise fee the city earns; defining the scope of the city's franchise
fee, to include transportation services; waiver of residential permit fees for installing gas hot
water heater units; performance bond; and increased insurance requirements. NUI has
requested a 30 -year agreement. The city's negotiating team has recommended a 15 -year
term, with a 5 -year renewal option. The city will earn a`7.5 %'.utility franchise fee, which
shall now include revenues from NLTI's transport of gas for third parties. NUI has projected
that by including transportation customers in the calculation, the city will earn additional
annual franchise free of revenues of $7,500. In exchange for the foregoing increases in
franchise fee revenues, NUI has requested that permit fees be waived for all residential gas
water heater installations. Per Ms. Sonia Lama the city annually receives very few gas water
heater permit applications. NUI has requested that this savings be provided to residents as an
incentive to them to install gas water heaters. This would in exchange increase NUI's
customer base and provide the city with increased franchise fees. Finally, NUI will provide'
the city with a $50,000 performance bond, and $5,000,000 liability insurance policy.`
-s �r;�a ;?,.. . �- tf. 5'�' -r x.. s�.� -» ,`2T . r�"' �' .;b�: ,�,- -F ate, y , .:_-tea A �-�-" �`.- �, �...�.�'�'�„- sue. ;• - r: _�:,'�- :�"rt,-°�,,. 1�;;�� „c,�m
1 ORDINANCE NO.
Z
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENTERING
5 INTO A NON - EXCLUSIVE GAS FRANCHISE AGREEMENT WITH
6 NUI UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC
7 RIGHTS OF WAY OF THE CITY OF SOUTH MIAMI, FLORIDA, AND
8 PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH
9 THE FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND
10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
11 AND AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Mayor and City Commission of the City of South Miami
15 pursuant to applicable law and subject to the rights, limitations and conditions in the
16 attached non- exclusive franchise agreement are authorized to grant public utility
17 franchises; and,
18
19 WHEREAS by Ordinance 468, adopted in 1962, the City Commission of the City
20 of South Miami granted to NUI Utilities, Inc., its successors and assigns, a non - exclusive
21 right, privilege or franchise for the purpose of distributing and selling gas in the City of
22 South Miami, which franchise was extended until 2002, by Ordinance No. 526 -B; and,
23
24 WHEREAS, upon expiration of the above referenced ordinances, NUI Utilities,
25 inc continued to distribute and sell gas in the City of South Miami, and to pay the city
26 franchise fees without a written franchise agreement; and,
27
28 WHEREAS, NUI Utilities, Inc. desires to enter into a new non - exclusive franchise
29 agreement for a period of 15 years commencing from the date provided in the attached
30 non- exclusive franchise agreement; and,
31
32 WHEREAS, the Mayor and City Commission desire to enter into a new non-
33 exclusive franchise agreement with NUI Utilities, Inc., as it is in the public interest of its
34 citizens.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. Attached is the non - exclusive franchise agreement between the city
40 and NUI Utilities, Inc. to be incorporated by reference into this ordinance.
41
Additions shown by underlining and deletions shown by evef
;fir,
I Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
2 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
3 shall not affect the validity of the remaining portions of this ordinance.
4
5 Section 3. All ordinances or parts of ordinances in conflict with the provisions
6 of this ordinance are repealed.
7
8 Section 4. This ordinance shall be codified and included in the Code of
9 Ordinances.
10
11 Section 5. This ordinance shall take effect immediately upon enactment.
12
13 PASSED AND ADOPTED this day of 20_.
14
15 ATTEST: APPROVED:
16
17
18 CITY CLERK, MAYOR
19
20 1st Reading
21 2nd Reading
22
23 COMMISSION VOTE:
24 READ AND APPROVED AS TO FORM' Mayor Feliu:
25 Vice Mayor Russell:
26 Commissioner Wiscombe:
27 CITY ATTORNEY Commissioner Bethel:
28 Commissioner McCrea:
Additions shown by underlining and deletions shown byeVerstfiking
e
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENTERING
5 INTO " A NON - EXCLUSIVE GAS FRANCHISE AGREEMENT WITH
6 NUI UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC
7 RIGHTS OF WAY OF THE CITY OF SOUTH MIAMI, FLORIDA, AND
8 PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH`
9 THE FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND
10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
I 1 AND AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Mayor and City Commission' of the City of South Miami
15 pursuant to applicable law and subject to the rights, limitations and conditions in the
16 attached non - exclusive franchise agreement are authorized to grant public utility
17 franchises; and,
18
19 WHEREAS by Ordinance 468, adopted in 1962, the City Commission of the City
20 of South Miami granted to NUI Utilities, Inc., its 'successors and assigns, a non - exclusive
21 right, privilege or franchise for the purpose of distributing and selling gas in the City of
22 South Miami, which franchise was extended until 2002, by Ordinance No. 526 -B; and,
23
24 WHEREAS, upon expiration of the above referenced ordinances, NUT Utilities,
25 inc. continued to distribute and sell gas in the City of South Miami, and to pay the city
26 franchise fees without a written franchise agreement; and,
27
28 WHEREAS, NUI Utilities, Inc: desires to enter into a new non - exclusive franchise
29 agreement for a period of 15 years commencing from the date provided in the attached
30 non- exclusive franchise agreement; arid,
31
32 WHEREAS, the Mayor and City Commission desire to enter into a new non -
33 exclusive franchise agreement with NUI Utilities,, Inc., as it is in the public interest of its
34 citizens.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. Attached is the non- exclusive franchise agreement between the city
40- and NUI Utilities, Inc. to be incorporated by reference into this ordinance_
41
Additions shown by underlining and deletions shown by ever-°W
1 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
2 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
3 shall not affect the validity of the remaining portions of this ordinance.
4
5 Section 3. All ordinances or parts of ordinances in conflict with the provisions
6 of this ordinance are repealed.
7
8 Section 4. This ordinance shall be codified and included in the Code of
9 ' Ordinances.
10
11 Section 5. This ordinance shall take effect immediately upon enactment.
12
13 PASSED AND ADOPTED this day of 20
14
15 ATTEST: APPROVED:
16
17
18 CITY CLERK MAYOR
19
20 1st Reading
21 2nd Reading
22
23 COMMiSS ON VOTE:
24 READ AND APPROVED AS TO FORM Mayor Feliu:
25 Vice Mayor Russell:
26 Commissioner Wiscombe:
27 CITY ATTORNEY Commissioner Bethel:
28 Commissioner McCrea:
i
Additions shown by underlining and deletions shown by everst lEing
.:,�- �,-"�°,_��,.��.- ;�,..m -a.
sour South Miami
• tNC0 WORATER
� 19$7
C RCS}
2001
Excellence, Integrity & Induston
TO Honorable Mayor, Vice Mayor DATE: June 17, 2003
And City Commission
FROM: Sanford A. Youkilis Item NO. 4
Acting City Manager RE: Fourth of July Event
Fireworks
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH FIREPOWER DISPLAYS UNLIMITED, INC., FOR THE ANNUAL
JULY 4T CELEBRATION, AND AUTHORIZING THE PURCHASE OF FIREWORKS BY
THE PARKS & RECREATION DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED
$8;000.00 (EIGHT THOUSAND DOLLARS), AND PROVIDING FOR DISBURSEMENT
FROM ACCOUNT NUMBER 001- 0000 -219 -7500, "4TH OF JULY DONATION ACCOUNT'
IN THE AMOUNT OF $3,300.00, AND ACCOUNT NUMBER041- 0000 -219 -3500, "PARKS &
RECREATION REGULAR DONATION ACCOUNT" IN THE AMOUNT OF $4,700.00.
BACKGROUND & ANALYSIS
The attached resolution seeks approval for the purchase of fireworks for the 2003
Fourth of July Celebration.
The Parks & Recreation Department will "piggy back" off the Village of Key Biscayne
(Resolution number 2001 -34, contract expires July 16, 2007), utilizing Firepower
Displays Unlimited, Inc., to provide firework service for the annual Fourth
of July Celebration. The City of South Miami takes great pride in celebrating our
Nation's freedom! We look forward to continuing to enhance this very special event.
Firepower Displays Unlimited, Inc., a local company with strong ties to South Miami,
has a list of satisfied clientele including City of Coral Gables, Village of Key Biscayne,
Doral Country Club and many more. This year Firepower will provide an array of
Fireworks for a 12- 15 minute display.
Funds for this purchase will be disbursed from account number 001 -0000- 219 -3500,
"Parks & & Recreation Regular Donation Account ", in the amount of $4,700.00,
and account number 001- 0000- 219.7500, "01 of July Donations for $3,300.00
(a total of $5,000.00, by utilizing the two accounts mentioned above).
RECOIyIlyiENDATION
' Approval is recommended.
Jun 11 03 11:24a
Recreation Department 305- 365 -8991 p•2
RESOLUTION NO. 2001-34
A RESOLUTION OF THE VILLAGE. OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE AN AGREEMENT ON
BEHALF OF THE VILLAGE WITH FIREPOWER
DISPLAYS UNLIMITED, INCORPORATED,
PRINCETON, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.'
WHEREAS, the Village Council supports a Fourth of July fireworks display for residents
and visitors on Key Biscayne;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:
Section I The Village Manager is hereby authorized to enter into a five (5) year
agreement on behalf of the Village with Firepower Displays Unlimited, Incorporated, Princeton,
Florida, in an amount not to exceed $54,000 for the July 4, 2002 fireworks display, and at the rates
set forth in the attached agreement for each subsequent annual Fourth of July fireworks display `
conducted.,
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 8th day of May 2001.
O� KPI' f
MAYOR JOE I. RA CO
A T:
CONCHITA H. ALVAREZ, CMC, VILLAGE C ,
FL ®Ri��
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RIC J. WEISS, VILLAGE ATTORNEY
Jun 11 03 11:25a Recreation Department 305 - 365 -8991 p•3
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
FIREWORKS DISPLAY
THIS AGREEMENT, made and entered into this Ag day of Mal, 2001, by and between
the Village of Key Biscayne (the "VILLAGE') and Firepower Displays Unlimited, Inc:, (the
"CONTRACTOR ").
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain services as
described in accordance with paragraph 1, Scope of Services to this Agreement ( "Specified
Services "). The CONTRACTOR wants to provide such Specified Services in connection with the
Village's 4th. of July fireworks display.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. SCOPE OF SERVICES
The CONTRACTOR agrees, as directed by the Village Manager, to perform the following
services as described in Exhibit "A ". This Agreement includes the provisions stated in
Exhibit "A". In the event of any conflicts, this Agreement controls over Exhibit "A ".
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE for Specified Services ,provided in
accordance with Exhibit "A" in an amount not to exceed $54,000 for the July 4, 2002
fireworks display, and at the rates set forth in Exhibit "A" for each subsequent annual July
4 fireworks display conducted.
3. TERM
The term of this Agreement commences on A rl 1, 2002, and ends on July 16,-2007, unless
sooner terminated pursuant to paragraph 10.
4. ASSIGNMENT
This Agreement shall not be assignable by the CONTRACTOR.
5. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR' warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person (s),' company,
corporation, individual or firm, other than a bona fide employee working solely for the
Jun 11 03 11:25a Recreation Department 305 -365 -8991 p.4
CONTRACTOR any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
6. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties.' This
Agreement cannot be amended or modified without the express written consent of the parties.
7. WARRANTIES OF CONTRACTOR
The CONTRACTOR hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws necessary to perform the Specified Services.
The CONTRACTOR shall furnish proof that it has Worker's Compensation Insurance as
required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S.
Longshoremen's and Harbor Worker's Act and the Jones Act.
The CONTRACTOR shall also furnish proof that it has Contractual Liability Insurance and
Comprehensive General Liability Insurance, Automobile Liability Insurance covering all
owned, non -owned and hired vehicles used in connection with the Specified Services, each
in an amount no less than $2,000,000` single` limit per occurrence for Bodily Injury and
Property Damage combined. Village shall be named as additional insured.
8. NOTICES'
All notices and communications to the VILLAGE or CONTRACTOR shall be in writing and
shall be deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt. Notices shall
be addressed as follows:
Village:. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85' West McIntyre Street
Key Biscayne, Florida 33149
With a copy to: Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota.Helfman Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
Suite 424
Miami, Florida 33133
Contractor Firepower Displays Unlimited, Inc.
14240 S.W. 256 Street
{ Princeton, FL 33032
Jun 11 03 11:25a Recreation Department 305 -365 -8991 P.5
9. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation hereunder shall be in'Miami =Dade County, Florida.
10. TERMINATION
Although this Agreement provides for six (6) successive annual July 4th fireworks displays,
the Village may elect, at its sole discretion, to cancel any display or displays subsequent to
the July 4, 2002 display by providing 90 days advance written notice to CONTRACTOR.
In such event, no fee or cost shall be charged to Village. This provision is supported by
other covenants of this Agreement, and accordingly is not mutual.,
11. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, upon prevailing, the
VILLAGE shall be entitled to recover reasonable attorneys fees and costs.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
CONTRACTOR: VILLAGE: _
Firepower Displays Unlimited, Inc. Village of Key Biscayne'
14240 S.W. 256 St r 85 West McIntyre Street
Princeton, FL 32 Key Biscayne, Florida 33149
By: o�
Title- Kis ter, Village Manager
Attest: 61w
0
Sedetary 0 RID illage Clerk
Approved As To Legal Form and Sufficiency:
By: _
David M. Wolpin
Village Attorney
Authorized by Village Council Resolution No.: M/ -� , May,, 199 , 2001.
Jun 13 03 11:28a BNHCIFP 305 -258 -5580 P.1
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SPECTACULAR *,,3v,
CUSTOM FIREWORKS DISPLAYS & SPECIAL .FX
Creatively-Designed For Any Special Occasion
STRICTLY ELECTRONICALLY FIRED DISPLAYS MEMBER
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'IF THIS MESSAGE IS UNCLEAR OR IF THERE IS ANY PROBLEM
WITH THIS TRANSMISSION, PLEASE•CAL. (305)`258.1110°
P.O. BOX 4085 • Princeton, FL 33032 TM UL'j'MTE IN Tel: (305) 258 -1110 • Fax: (305)258 -5580
WAREEIOUSE &SHIPPING FMMOPM ENMTAMMM SPECIALIZING IN;
14240 S.W. 256 St. • Princeton, FL 33032 Caribbean, Central & South America Shows
www.firepowerdisplays.c om
NHC /FP 305- 258 -5580 p.2
REPOWER 00', M PLAYS
U�i,-UMITECID, INC.
MEMBER
CUSTOM FIRE WORKS DISPLAYS & SPECIAL FX
Creatively Designed For Any Special Occasion 9RTS ,moo,.
STRICTLYE'LECT'.�80NIC'i3ll LYFICRED DISPLAYS MEMBER
CONTRACT FOR
FIREWORKS DISPLAY
Sponsors City of South Miami
Contact Ana Garcia, Director of Parks & Recreation
Date of Display Judy 4 th , 2003
Location Palmer Park
Time
After Dusk - approx 9:15pm
Duration Approximately 12 -15 minutes
Show Price $8,000.00
Deposit $4,000.00
Remarks
We the undersigned, being interested in a fireworks display for City of South Miami
agree to pay a price of $8,000.00 for the display agreed upon, which will be furnished by
Firepower Displays` Unlimited, Inc.
The undersigned, intending to be legally bound, agree as follows:
1. Sponsor to make a deposit payment of 50% of the contract price upon signing of
contract, but no later than 30 days prior to display.
2. Sponsor to "make balance of payment immediately after the display.
3: In the event Sponsor shall fail to pay any sum when due under the terms of this
contract, Sponsor shall' pay, in addition to such amount, interest at the rate of 1 -1/2%
per month on the unpaid amount from the original due date. ` Sponsor does further
agree that it shall pay Firepower Displays' reasonable .. attorney fees and court costs
in the event Firepower Displays shall commence suit or incur fees to compel
Sponsor to pay any sums due hereunder or otherwise as a result of Sponsor's
default of any of the terms and provisions herein contained. '
4. SPONSOR'S AGENT: Ana Garcia shall be designated as sponsor's agent to whom
all questions and inquiries shall relay all questions and inquiries. Sponsor's agent
and exhibition of the fireworks on the part of sponsor. rescheduling o the delivery'
5. If event is on land, sponsor to furnish police and /or crowd security personnel,
provide proper parking supervision, and insure adequate patrol of the safety zone as
P.O. BOX 4085 •Princeton, FL 33032 Zm MmaTE IN Tel: (305
WAREHOUSE & SMPPING ) 258 -1110 Fax; (305) 258 -5580
®
14240 S.W. 256 St. • Princeton, FL 33032 ffMTAU&=T SPECIALIZING IN:
Caribbean, Central & South America $how®
www.ilrepowerdisplays.com
- --
305- 258 -5580 p.3
Jun 13 03 11:28a BNHC /FP
marked and secured by the sponsor until Firepower Displays Unlimited, Inc. advises
that it is no longer necessary.
6. If event is over water, Firepower Displays Unlimited will be responsible for marine
permit and control of safety zone,
7. Firepower Displays Unlimited, Inc. reserves the right to stop the display in the event
persons, vehicles or animals enter the secured safety zone and security is unable or
unwilling to remove them and enforce the safety regulations.
8. Firepower Displays Unlimited, Inc. will furnish all applicable licenses, permits and
$3,000,000 liability insurance and pyrotechnicians for your electronically fired
display.
9. Hold harmless Firepower Displays Unlimited, Inc. from any claims that do not
directly relate to damages produced by its staff, equipment or pyrotechnic material.
10. CREDITS: As a material inducement to Firepower Displays agreeing to enter into
this agreement, Sponsor shall give Firepower Displays program credit as sole
fireworks supplier and producer in all press releases, advertising, and any other
program announcements, printed or otherwise.
11. If show is canceled, sponsor is responsible for any permit, fire watch or barge /tug
fees, if applicable. Additionally, sponsor will be responsible for load in/ load out
expenses not to exceed 25% of budget.
12.)f wind exceeds 20 miles per hour, fireworks:, display will be postponed to an agreed
date between sponsor and Firepower Displays Unlimited, Inc.
13. Rain date policy is a follows: Postponement: time is 11:30am day of display.
14.'If the delivery and /or exhibition of the fireworks is postponed by reason of inclement
Weather, same shall be re- scheduled to the Inclement Weather,Date set forth above.
15. IMPORTANT NOTE: Items listed in this proposal assume a firing area that
conforms to NFPA Code 1123 4995, which states that there must be at least 70 feet
per inch of shell diameter between firing site and any spectators, cars or buildings:
This program requires a safety zone that has a radius of 420 feet because of the
inclusion of 6 -inch shells. Adjustments will be made to the content of this program if
necessary to conform to NFPA 1123 -1995.
Firepower Displays Unlimited, Inc., upon acceptance of this contract in writing, agrees
to fulfill the contract in aworkmanlike and professional manner.
Accepted this day of
On behalf of City of South Miami, W4 ,
Ana Garcia, Director of Parks & Recreation
over isp ays n ►meted, Inc.,
Gary Avins, President
Jun 13 03 11:29a HNHC /FP 305 -258 -5580 p.4
OVER 600 SHOTS — Assorted Opening Barrage, Titanium Reports, Whistles, Assorted
Color, Tourbillions.
30 - THREE INCH SHELLS, TITANIUM SALUTES —these shells explode into a burst
of brilliant white lights and booming reports,' ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern.
Jun 13 03 11 :29a BNHC /FP 305 -258 -5580 P.5
180 - THREE INCH SHELLS, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS - bursts resembling a round and weeping flower pattern,
ASSORTED COLOR & CRACKLING EFFECTS = assorted color peonies and
chrysanthemums with crackling effects, FANCY STAR SHELLS - Assorted brilliant
colors in various patterns, SPIDERWEBS -'long hanging fine webs of gold, silver or
assorted colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES a
palm tree image with different forms with trunk -like rising effect, ASSORTED TWO
COLOR CHANGING CHRYSANTHEMUMS & PEONIES - two distinct color changes
that resemble a round and weeping flower pattern, ASSORTED COLOR BROCADES -
a dense golden, silver or assorted color effect ending at the flips with an umbrella -like
canopy cascading and falling low.
144 - FOUR INCH SHELLS, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS - bursts resembling a round and weeping flower pattern,
WHISTLES - a break of color, followed by whistles, SCREAMING DRAGONS -'a
break of bright magnesium colors followed by loud screaming whistle, GOLD FLITTER,
SILVER OR GLITTER CROSSETTES - exploding comets crackling into criss- crossing
effects, FANCY STAR SHELLS -Assorted brilliant colors in various _ ous
,patterns,
SPIDERWEBS - long hanging fine webs of gold or silver, TOU`RBILLIONS - titanium
silver spinning effects, WILLOWS - golden, silver or assorted colors of very fine lines
with an umbrella like effect cascading slowly, RINGSHELLS — assorted ring
different colors of one, two, patterns of
three or five different colors, GOLDEN, SILVER,
GLITTERING; OR CRACKLING PALM TREES - a palm tree image with trunk -like
different forms, ASSORTED TWO and THREE COLOR CHANGING
CHRYSANTHEMUMS &PEONIES -two
or three distinct color changes that resemble
a round and weeping flower pattern, STROBES - a variety of bright twinkling shells,
ASSORTED COLOR BROCADES -a' dense golden, silver or assorted color effect
ending at the tips with an umbrella -like canopy cascading and falling low, MULTI
BREAK SALUTE SHELLS - a variety of salute effects that incorporate multiple
powerful reports into the display.
64 - FIVE INCH SHELLS, FANCY STAR SHELLS - Assorted brilliant colors in various
patterns, SPIDERWEBS - long hanging fine webs of gold or silver, TOURBILLIONS
titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES
- exploding comets crackling into criss- crossing effects, WILLOWS - golden, silver or
assorted colors of very fine lines with an umbrella like effect cascading, RINGSHELLS -
assorted ring patterns of different colors of one, two, three or five different colors,
GOLDEN. SILVER, GLITTFRIN 3 0R CRACKLING PALM TREES ,
with different forms with trunk -like rising effect, GOLD OR SILVER RAIN - slow age
cascading gold or silver effect, ASSORTED TWO, THREE & FOUR COLOR
CHANGING CHRYSANTHEMUMS & PEONIES - two, three or four distinct color
Jun 13 03 11:29a
BMHC /FP 305 - 258 -5580 P•6
changes that resemble a round and weeping flower pattern, STROBES - a variety of
bright twinkling shells, ASSORTED COLOR BROCADES — a dense golden, silver or
assorted color effect ending with an umbrella -like canopy cascading and falling low,
MULTI -BREAK SALUTE SHELLS - a variety of salute effects that 1 incorporate multiple
powerful reports into the display, STAR FISH — group of large glittering tail comet stars,
CRISS -CROSS OR BEES, assorted color bees or criss- cross.
48 - SIX INCH SHELLS, FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, SPIDERWESS — long hanging fine webs of gold or silver, TOURBILLIONS —
titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES
exploding comets crackling into criss-crossing effects, WILLOWS - golden, silver or
assorted colors of very fine lines with an umbrella like effect cascading slowly,
RINGSHELLS — assorted ring patterns of different colors of one, two, three or five
different colors, GOLDEN, SILVER, GLITTERING PT CRACKLING PALM TREES - a
palm tree image of different forms with trunk -like rising effect, GOLD OR SILVER RAIN
— slow cascading gold or silver effect, ASSORTED TWO, THREE & FOUR COLOR
CHANGING CHRYSANTHEMUMS & PEONIES — two, three or four distinct color
changes that resemble .a round and weeping flower pattern, STROBES - a variety of
bright twinkling shells, ASSORTED COLOR BROCADES — a dense golden effect with
an umbrella' -like canopy cascading and falling low, ASSORTED COLOR PARACHUTE
— assorted cascading effect from parachute, SHELL OF SHELLS OR THOUSAND
FLOWER - multi -color star shell with additional smaller shells dispersed outside
resembling blooming flowers, MULTI -BREAK SALUTE SHELLS —'a variety of salute
effects that incorporate multiple powerful titanium reports into the display,; ASSORTED
COLOR & CRACKLING EFFECTS assorted color peonies and chrysanthemums with
crackling effects, WILLOWS - very fine lines with an umbrella like effect cascading
slowly, FANCY PATTERNS —five pointed star shapes,' hearts, smiling face, etc...,
STAR FISH — group of large glittering tail comet stars.
,ter F
Jun 13 03 11:30a HNHC /FP 305- 258 -5580 p.7
360 - THREE INCH SHELLS, TITANIUM SALUTES — these shells explode into a burst
of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES &'
CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern,
WHISTLES = a break of color, followed by whistles, FANCY STAR SHELLS — Assorted
brilliant colors in various patterns, SPiDERWEBS long hanging fine webs of gold or
silver, ASSORTED COLOR & CRACKLING EFFECTS - assorted color peonies and
chrysanthemums with crackling effects, WILLOWS - very fine lines W! ith an umbrella like
effect cascading slowly, ASSORTED COLOR BROCADES — a dens''e golden, silver or
assorted color effect ending at the tips with an umbrella -like canopy cascading and
falling low, WILLOWS - very fine lines with an umbrella like effect cascading slowly.
72 - FOUR INCH SHELLS, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS
- bursts resembling a round and weeping flower pattern,' WHISTLES'— a break of color,
followed by whistles, FANCY STAR SHELLS — Assorted brilliant colors in various
j patterns, SPIDERWEBS - long hanging fine webs of gold or silver, ASSORTED
COLOR & CRACKLING EFFECTS — assorted color peonies and chrysanthemums with
crackling effects, WILLOWS - very fine lines with an umbrella like effect cascading
` slowly, ASSORTED COLOR BROCADES —'a dense golden, silver or assorted color
k
effect ending at the tips with an umbrella-like,canopy cascading!and falling low.
16 - FIVE INCH SHELLS -FANCY STAR SHELLS — Assorted brilliant colors in various
f
patterns, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &
PEONIES — two or three distinct color changes that resemble a round 'and weeping
flower pattern.
6 SIX INCH SHELLS - FANCY STAR SHELLS — Assorted brilliant colors in various
Patterns, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &
PEONIES — two or three distinct color changes that resemble a round and weeping
flower pattern.
OVER 600 SHOTS Assorted Finale Barrage, Titanium .Reports, Whistles, Assorted
Color, Tourbillions.
I
77— ""i''.• m',., s, .''.r"7`e "''.s+;7'°`i— ^,n;.-; fcp _,r—° -+°ra. +.�.:,. .r:,..< s L`fi *;
4
Jun 13 03 11:30a
HNHC /FP
305 - 258 -5580 P.8
J°;y
T
.®.� )'f
OPENING
BODY FINALE
TOTAL
SHELLS
3" SHELLS
30
180 360
570
4" SHELLS
144 72
216
5" SHELLS
64 16
"
80
6" SHELLS
48- 6
54
OPENING BARRAGE
Over 600 shots '
FINALE 'BARRAGE
I
i
L
_
Over 600 shots
I
Jun 11 03 11:25a Recreation Department 305-365-8991 p.6
ma4-03-07,. BNHC/FP
305-258-5580
P -2
NREPOWER D (SPLAYS
UNUIMiTED N C
MEMBER
PYRO
SPECTACULAR
CUSTOM FIAE WORXS DISPLAYS & SPECIAL FX
Creatively Designed For Any Special Occasion lop
STRICTLY ELECTRONICALLY FIRED DISPLAYS MEMBER
RENEWAL CONTRACT FOR �I�A
FIREWORr o DISPLAY
Sponsors Village of Key Biscayne,
Term of Contract Starting 2002, ending 2007
Date of Display July 4, 2002 -2007
Rain Date July 5, 2002-2007
Location Offshore on one or two barges between Sonesta Beach
W^p,=l and Pnnrk ('1"k
Time Ap ' proximately 9-00pfn -
Duration Approximately 25 minutes
Show Price $54,000.00 for 2002, $ 57,000.00 for 2003- and $60,000.00
for 2004. Last two years minimum $ 60,006.00, price
negotiable. 0he W*10vah-04
Deposit $10,000-00 per show, but no more than'4� deposit is
required at qnY time.
Remarks
We the undersigned, being interested in a fireworks display for Village of Key
Biscayne, agree to pay a price of $54.000.00 -$ 60,000.00 as described above for the
display agreed upon, which will be furnisheu'by Firepower Displays Unlimited, Inc.
The undersigned, intending to be legally bound, agree as follows:
1. Contract term is for valid for a term starting April 2002 and continuing to July 16,
2007. AH aspects of this contract will remain the same except as noted: Firepower
Displays will continually update the line of effects and display shells ;used for the
fireworks display.
2. Sponsor to make a deposit payment $10,000.00 upon signing of contract, but no
Later than 45 days prior to display_
3. Sponsor to make payment in full upon completion of fireworks display.
4. In the event Sponsor shall fail to pay any sum when due under the terms of this
contract, Sponsor shall pay, in addition to such amount, interest at the rate of 1 -112_%
per month on the unpaid amount from the original due date. Sponsor does further
agree that it shall pay Firepower Displays' reasonable attorney fees and court costs
P.O. BOX 4085 - Princeton, FL33032 TM ULTUdATE IN Tel; (305) 258-1110 • Fax: (305) 258-5580
WAREHOUSE & SHIPPING FIREWOPM ENTERTAIMAW * SPECIALIZING IN.
14240 S.W. 256 St. • Princeton, FL 33032 Caribbean, Central & South Anterica Shows
mrwwArepowerdisplays.corn
Jun 11 03 11:25a Recreation Department 305- 365 -8991 p.7
May. X03• .01 12: 05p BNHCe'FP 305 -258 -5580 P.3
Village of Kex, Bisc3ync
Pasc 2 of s -
in the event FirepoweDis .IaU..s shall commence suit to compel Sponsor to pay any
sums due hereunder' s a result of Sponsor's default of any of the terms
and provisions herein contained. if Firepower Displays prevails in such litigation.
5. SPONSOR'S AGENT: C. Samuel Kissinger, 'Village Manager shall be designated
as sponsor's agent to whom.all questions and inquiries shall be relayed. Sponsor's
agent shall be the only agent of sponsor authorized to request rescheduling of the
delivery and exhibition of the fireworks on the part of sponsor.
6. Firepower Displays requires that a 1 meeting be scheduled no later than 30 days
prior to the event to coordinate the logistics with the Key Biscayne event staff,
fire and police deoartments.
7_ If event is on land, sponsor to furnish police and /or crowd security personnel,
provide proper parking supervision, and insure adequate patrol of the safety zone as
marked and secured by the sponsor until Firepower Displays Unlimited, Inc. advises
that it is no longer necessary.
8. If event is over water, Firepower Displz; , 'Unlimited will be responsible for marine
permit and control, of safety zone.
9. Firepower Displays. Unlimited, Inc. reserves the right to terminate the display in the
event persons, vehicles or an enter the secured safety zone and security is
unable or unwilling to remove them and enforce the safety regulations.;
10. Firepower Displays Unlimited, Inc. will furnish all applicable licenses; permits and
$2,000,000 liability insurance policy and pyrotechnicians for your electronically fired
display.
11. Subject to limits of Sec. 768.28, F.,S., Village shall hold harmless Firepower Displays
Unlimited, Inc. from any claims that do not arise out of damages in anyway caused
by Firepower or Firepower's agents, employees, equipment or pyrotechnic material
12. CREDITS: As a material inducement to Firepower Displays agreeing to enter into
this agreement, Sponsor shall give Firepower Displays program credit as sole
fireworks supplier and producer in all press releases, and any other
program announcements, printed or otherwise:
13. If show is canceled through no fault of Firepower Displays Unlimited, Sponsor is
responsible for any permit. fire watch or barge /tug fees, if applicable. Additionally,
sponsor will be responsible for load in/ load oL.q expenses not to exceed 15% of
budget.
4. If wind exceeds, 20 miles per hour, fireworks display will be postponed to an agreed
date between Sponsor and Firepower Displays Unlimited, Inc.
15. Rain date policy is a follows: Postponement time is 11:30am dayof display. If
postponement occurs after that time, there will be a charge' of 10% of the contract
price.
16. Charges incurred by Firepower Displays for the barge, if Village of Key, Biscayne
cancels show, are the responsibility of the Village of Key Biscayne, but shall not
exceed $3,000`00 dollars.
17.!f the delivery and /or exhibition of the fireworks are postponed by reason of
inclement weather, it shall be re- scheduled to the Inclement Weather Date set forth
above.
18. IMPORTANT NOTE: Items listed in this proposal assume a firing area that
conforms to NFPA Code 1123 -1995, which states that there must be at least 70 feet
Jun 11 03 11:26a Recreation Department 305 -365 -8991 p.8
Ma,y.0�3 •01 J2:05p BNHC /FP 305- 258 -5580 p_4
Village of'Kea. Biscav*ic
P,rge 3 o 9
per inch of shell diameter between firing site and any spectators. cars or buildings.
This program requires a safety zone that has a radius of 1120 feet because of the
inclusion of 16 -inch shells. Adjustments will be made to the content of this Program
if necessary to conform to NFPA 1123 -1 +995.
-i 9. This document serves as Exhibit A to agreement between parties.
20. Firepower Displays Unlimited, Inc:,, upon acceptance of this contract in writing,
agrees to fulfill the contract in a workmanlike and professional manner.
Accepted this day of �j
On behalf of Village of Key Biscayne
C. Samuel Kissinger, 'Village Manager
On behalf of Firepower Displays Unlirrtifed, Inc.,
Gary Avins ; 1K
Jun 11 03 11:26a Recreation Department 305 -365 -8991 p.9
RESOLUTION NO 2001 -34
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE AN AGREEMENT ON
BEHALF, OF THE VILLAGE > WITH FIREPOWER
DISPLAYS UNLIMITED, INCORPORATED,
PRINCETON, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE'.
WHEREAS, the Village Council supports a Fourth of July fireworks display for residents
and visitors on Key Biscayne;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE FLORIDA, AS FOLLOWS:
Section 1. The Village; Manager is hereby authorized to enter into a five (5) year
agreement on behalf of the Village with Firepower Displays Unlimited,. incorporated, Princeton,
Florida, in an amount not to exceed $54,000 for the July 4, 2002 fireworks display, and at the rates
set forth in the attached agreement for each subsequent annual Fourth of July fireworks display
conducted.
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 8th day of May , 2001.
A,
O IIEI'� j
MAYOR JOE I. R/
Iowa
CONCHrrA H :ALVAREZ, CMC, VILLAGE C , IV
F�
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RicEAD J. WEISS, VILLAGE ATTORNEY
f .. z. .
I
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54
Resolution No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH FIREPOWER DISPLAYS UNLIMITED, INC., FOR THE ANNUAL JULY
4TH CELEBRATION, AND AUTHORIZING THE PURCHASE OF FIREWORKS BY THE
PARKS & RECREATION DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED
$8,000.00 (EIGHT THOUSAND DOLLARS), AND PROVIDING FOR DISBURSEMENT
FROM ACCOUNT NUMBER 001 -0000- 219 - 7500, "4TH OF JULY DONATION ACCOUNT" IN
THE AMOUNT OF $3,300.00, AND ACCOUNT NUMBER001- 0000 - 219 - 3500, "PARKS &
RECREATION REGULAR DONATION ACCOUNT" IN THE AMOUNT OF $4,700.00:
WHEREAS, Article, III, Section 5, H, of the City Charter, requires bids be obtained
for purchases of items over $5,000..00; and
WHEREAS, The City of South Miami Parks & Recreation Department will "piggy
back" off the Village of Key Biscayne; and
WHEREAS, The Village of Key Biscayne approved Firepower Displays Unlimited,
Inc., through resolution # 2001.34, with an expiration date of July 16,,2007; and
AREAS, Firepower Displays Unlimited, Inc., has been utilized by various other
cities; and
WHEREAS, This company has provided the City of South Miami with spectacular
fireworks in the past.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA:
Section 1. That a purchase order be awarded to Firepower Displays
Unlimited, Inc., for $8,000.00 and charging the amount to two
separate accounts; 001 -0000- 219.7500, "4 of July Donation
Account ", for $3,300.00 and account number 001 - .0000. -219 -3500,
"Parks e& Recreation Regular Donation Account" for $4,700.00.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of June 2003
ATTEST: APPROVED;
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY Commission Vote:
Mayor Feliu:,
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
«UTy South Miami
9r
-. � $�A6A8CIC84`�p
iwrraaow Tea
�- O R l O
P
26tH
Excellence, Integrity, Inclusion
To:- Honorable Mayor, Vice Mayor Date: June 17, 2003
and City Commission'
From: Sanford' Youkilis Re: Agenda Item
Acting City Manager Paging system & T -1 for
Multi Purpose Phase H
REQUEST
A RESOLUTION OF THE MAYOR AND CITY': COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY - 'MANAGER TO
DISBURSE AN AMOUNT NOT TO EXCEED $8,546.23 TO MIAMI BUSINESS
TELEPHONE CORP. FOR THE INSTALLATION OF A TELEPHONE PAGING
SYSTEM AND RUNNING A FIBER OPTIC CABLE FROM PHASE 1 TO
PHASE 2 OF THE 'MULTIPURPOSE CENTER PHASE TWO AND CHARGING
THE DISBURSEMENT'' TO ACCOUNT 001 -0000- 131.1455 TITLED'CDBG /
CONSTRUCTION MANAGER AT RISK (MULTIPURPOSE PHASE II;). AND
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The Multi Purpose Center is in its final stage of construction. Installation of a paging system is essential in
a building of that size to locate personnel or 'children.
The Paging system will consist of the equipment and installation of 6 different locations within the inside
of the building hallways and 2 outside the building.
The Fiber Optic cable was installed in Phase l for the use of Internet and communicating with the City via
computers. The 'City's MIS Manager has recommended that there will be cost savings if the fiber optic
cable is shared among both buildings. The attached quote is for running this cable underground via, a
"trench" from Phase I to Phase 2. This installation' will allow both building the use of city; a -mails and
Internet per his recommendations.
The City solicited a quote from State of Florida Certified minority vendor that was recently chosen as the
lowest quote for the installation of the telecommunications equipment at the Multi Purpose Center.
• Miami Business Telephone Corp.
• Paging system installation and equip. $3,565.62
• Fiber Optic cabling from Phase 1 to 2 $4,980.61
Funds for this have been budgeted in the Adopted Budget 2002/2003 under account 001- 0000 - 131.1455
titled CBDG / Construction manager at risk (multipurpose phase I1).
Current Account Balance $9.161.55
RECOMMENDATION
Approval is recommend.
RESOLUTION NO.
A RESOLUTION OF THE .MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY "MANAGER TO
DISBURSE AN AMOUNT NOT TO EXCEED $8,546.23 TO MIAMI BUSINESS
TELEPHONE CORP. FOR THE INSTALLATION OF A TELEPHONE PAGING
SYSTEM AND RUNNING A FIBER OPTIC CABLE FROM PHASE 1 TO PHASE
2 O THE MULTIPURPOSE CENTER AND CHARGING THE DISBURSEMENT
TO ACCOUNT 001.- 0000 - 131`.1455 TITLED 'CDBG. / CONSTRUCTION
MANAGER AT RISK (MULTIPURPOSE PHASE II). AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the telephone paging system is an essential element for
the location of personnel or children in the Center;
WHEREAS, the Multi Purpose Center Phase two has assigned a
Computer classroom as part of children's education; and
WHEREAS, the classroom computers will require fiber optic cabling
for the connection of the Internet and city e -mail; and
WHEREAS, in accordance with city, competitive bidding procedures
the city obtain a quote from Miami Business Telephone Corp. a' minority
and State of Florida certified vendor who was previously chosen as the
lowest ',quote vendor for the installation and equipment of all the
telecommunications for the Multi Purpose Center;_
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:'
Section 1. The City Manager be and hereby is authorized to
disburse an 'amount not to exceed $8,546.23 to Miami Business Telephone
Corp.
Section 2. This amount will be charged to account 001
0000 - 131.1455 titled CDBG /Construction Management at Risk
(MultiPurpose Phase II)
Section 3. This resolution 'shall take effect immediately
upon approval.
PASSED AND ADOPTED this 17th'day of June 2003.
ATTEST: 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
_.- ,�-- `-�.,, s,,r, r ...,,�n__. <<... - ., .� ��:��,��- r^=,, - ��T;�- +- r7,- T-•�^rrK -`-: r , -rte;- -�°��, ,; °�,.+;F`,'v:'.r..rn ,.air
MIAMI BUSINESS TELEPHONE CORD Q uotation
4933 SW 74 Ct
Quote Number:
MIAMI, FL 33155
3948
Emaii.-Mbtnc@bellsoL#h.net bellsoufh.net
State Lk. NO: ES- 0000268 Quote Date:
Jun -9, 2QA3
Office: (305)669 -6164 Fax. (305)669- 5422
Page:
Quoted to: Ship to: 1
City of South Miami.C.service Bldg and Planning
6130 SUNSET DR 6130 Sunset Drive
SOUTH MIAMI, FL 33143 Contact: Kathy
Miami, FL 331
Dh,...... 3n5 P63.A339 Fay! 305 - 667 - 780617808 Contact: ` Kathy
Customer ID
Good Thru
Payment Terms
Sales Rep
CTTYSOUTE02
7/9/03
Net 30 Days
NESTOR
Quantity
Item
Description
Unit Price
Extension
1:00
RN6BOFBOTC
Fiber Optic Inndor /outdoor
395.90
395.9
1.001PR
1,00 24 17 07 -7
Fiber Ineduct Pvc'
173.74
173.74
1.00NIA101
Leviton 5W 110 -N
90.48
90.48
1.00
ATO1
Leviton 5RO30 -AB
168.89
168.89
12.00
AT01
ST connector's
12.90
154.8.
1:00
ABCHARGE01
Installation for Trenching, concrete
1,IMAN
1,156.80
cutting and Asphsalt cutting
1.00
AT01
Miscellaneous materiales to complete
990.00
990.00
stallation ( PVC Y, Couplin, J.Bog
etc)
1.00
ABCHARGE01
Installation charges
1,850.00
1,850.00
COPE OF WORK. Install and wire
1) Fiber Optic underground cable (6)
trands to end at both sides on ST
onnector's. Also Trenching, concrete
nd asphsalt cutting betwen both bldg
as soon we get approvall from
unshine Company) One year
arranty.Under this price not include
eplace concrete and asphsalt.Call me
f you have any questions. Thanks for
FR91 : MIAMI BUSINESS TELEPHONE CORP. PHONE ihJO. M2155 6695422
Jun. 69 2003 05:17RI P?
MIAMI BUSINESS TELEPHONE CORP
Quotation
4 933 SW 74 Ct
MIAMI., FL 33155
Quote Number:
Emall.,mbtnc@bellsot#h.net
State Lic. NO: ES- 0000266
Quote Date:
Office., (305)669-6164 Fax: (305)#69-5422
Page:
Quoted to: Ship to:
2
City of South Miami.C.service Bldg and Planning
6130 SUNSET DR , 6130 Sunset Drive
SOUTH MIAMI, TL 33143 Contact; Kathy .
Miami, FL 331
Phone: 306 - 663 -6339 Faa.: 305 - 667 - 780617808 aContact:
..� ..:..__
Kathy
_ - -
Customer ID
Good Thro � Payment Terms i
Sales Rep �
CZTYSOUTE02
7/9/03 met 3a D&Yz
NESTOR
Quantity Item De,cription _ ; Limit Price . Extension
i
_...
allln at MBT
i
t
( t
(
Subtotal
; 4,980.51
�
Acwpted By;
Freight
Sales Tax
Signature: Date:
Total
$,380.61
i _
MIAMI BUSINESS TELEPHONE CORP Quotation
4933 SW 74 Ct Quote Number:
MIAMI, FL 33155 3957
EmWkmbtnc@bellsoLdh.net
Efate Lk. NO: ES- 0000268 Quote Date:
Jun 13, 2003
Office: (305)669 -6164 Fax: (305)669 =5422
Page:
Quoted to:
Ship to: 1
City of South Miami.C.service Bldg ;& Planning
6130 SUNSET DR 6130 Sunset Drive
SOUTH MIAMI, FL 33143 Contact: Kathy
Miam, FL
Phone: 3uO- 003 -33V
Customer ID
Good Thru
Payment Terms
Sales Rep
CITYSOUTH02
7/13/03
Net _30 Days
NESTOR
Quantity
Item
Description
Unit Price
Extension
2.00
-10360
alcom Speaker Horn
109.56
219.12
eather- Resistant
6.00
-9022
alcom 21x2' One Way Speaker
89.56
537.36
/Backbox
1.00V-1
19RT-R
alcom 9 Zone Stations Intercom
169.50
169.50
1.00
-9940
alcom Centrex Paging Interface
209.88
209.88
x.00
- 07838820
AYA 107.
v
va a Cat.3 In cable 4 P
y p
144.88
289.7
1.00
TO
Miscellaneous materiales to complete
180.00
180.00
stallation.( J- hooks, clamps, etc)
1.00
ABCHARGE01
stallation charges
1,960.00
1,960.0
COPE OF WORK. Provide and
stall (2) Outside Speaker's Horn, (6)
eilings Speaker's,(2) Paging adapter,
ross connect test and label.
ustomer provide regular line to use
y Paging integrate with Phone
ystem ( Tone Commander). ONE
i
EAR WARRRANTY .
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR ' AND CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI,
6 FLORIDA, RELATED TO THE SNAPPERCREEK
7 ANNEXATION AUTHORIZING THE CITY MANAGER
8 TO EXECUTE AN INTERLOCAL AGREEMENT
9 BETWEEN THE CITY AND MIAMI DADE COUNTY FOR
10 THE PURPOSE OF IMPLEMENTING THE SNAPPER
11 CREEK ANNEXATION; PROVIDING AN EFFECTIVE'
12 DATE
1 13
' 14
15 WHEREAS; the residents of the Snapper Creek Annexation Area have properly
16 petitioned the City of South Miami to be annexed into the City of South Miami; and
17
18 WHEREAS, the City and the County have determined the annexation to be consistent
19 with policies related to logical boundaries and good governance; and
20
21 WHEREAS, the proposed annexation has been unanimously approved by the County's
22 Boundaries Commission, the Planning Advisory Board, the Annexation/ Incorporation
23 Subcommittee, and the Budget and Finance Committee; and
24
25 WHEREAS, the County has prepared an Interlocal Agreement which sets forth
a 26 conditions and requirements to be in effect for the Snapper Creek Annexation Area.; and
27
28 WHEREAS, the City Commission reviewed the Snapper Creek Interlocal' Agreement. at
29 its June 10, 2003 meeting and adopted a resolution accepting the conditions and requirements
30 set forth in the Agreement; and
31
32 WHEREAS, the Budget and Finance Committee of the County Commission, at its
33 meeting on June 12, 2003 recommended approval of the Interlocal Agreement between the City
34 of South Miami and Miami Dade County, which agreement sets forth the conditions and
' 35 requirements to be in effect for the Snapper Creek Annexation Area.
36
37
38
39 NOW, THEREFORE, BE _IT RESOLVED BY THE MAYOR AND CITY
40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLOIRDA,' AS FOLLOWS:
41
42
43
44 Section 1. The city manager is hereby authorized to execute the Interlocal Agreement
45 between the City of South Miami and 'Miami Dade County for the purpose of
46 implementing the Snapper Creek annexation
47
'i 48
i
t
1
2
3
Section 2. This resolution shall be transmitted to the County Manager, and to the Board
4
of County Commissioners
5
6
Section 3. This resolution shall be effective immediately, after the adoption hereof
l'
g-
9
10
PASSED AND ADOPTED this
, day of , 2003.
11
12
ATTEST:
APPROVED:
a 13
14
15
16
CITY CLERK
MAYOR
17
18
READ AND APPROVED AS TO FORM:
Commission Vote:
19
Mayor Feliu
20
Vice Mayor Russell
21
Commission Bethel
22
CITY ATTORNEY
Commission McCrea
23
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Commissioner Wiscombe
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY .
OF SOUTH MIAMI DIRECTING THE CITY MANAGER- TO IMITATE A
COMPARATIVE SALARY STUDY OF ALL NON - UNION, EXEMPT AND
EXECUTIVE POSITIONS IN THE CITY OF SOUTH MIAMI AND
REQUESTING THE RESULTS TO BE PRESENTED TO THE CITY
COMMISSION _ AT ITS FIRST MEETING IN JULY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami is experiencing ;severe budgetary problems in FY 2002-
03, - which has resulted in measures taken to reduce expenditures, 'reducing of hours worked by
employees, and the use of cash reserves in order to balance the budget; and
WHEREAS, additional savings may result from the immediate adjustment of the salary levels of
non- union, exempt, and executive positions; and
WHEREAS,; compensation for these positions requires a comparative salary study in order to
determine the appropriate salary levels.
NOW; THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City Commission hereby directs the City Manager to initiate a
comparative salary study of all non - union, exempt and executive positions in the
City of South Miami and requesting the results to be presented to the City
Commission at its first meeting in July..
j
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Section 2t This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of 2003
ATTEST: APPROVED:
i
i
CITY CLERK MAYOR
Commission Vote:
i •.
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Russell
Commissioner Bethel:
Commissioner McCrea:
Commissioner Wiscombe:
CITY ATTORNEY
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1
RESOLUTION NO. OY
2
3
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4
SOUTH ` MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES;
5
APPOINTING SHIRLEY HUEBNER, ALFONSO J. PEREZ, JAY BECKMAN,
6
ROSEMARY MANN, MIKE- MALOR, ALBERT S. ELIAS, AND ALEX ABRIL TO THE
7
PARKING COMMITTEE FOR TWO YEARS TERMS ENDING JUNE 17, 2005 OR UNTIL
8
SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN
9
EFFECTIVE DATE.
10
11
WHEREAS, the City's Land Development Code contained a provision for a Hometown District
12
Committee; and
13
14 `
WHEREAS, the Commission determined that said committee needed to be broadened and expanded
15
to included the entire' City to include seven private citizens, which shall include two (2) commercial
16
landowners, two (2) business owners and/or merchants and three (3) residents of South Miami; and `
I 17
18
WHEREAS, the City Commission desires to appoint a full complement to the Parking Committee
19
and therefore hereby appoints as: 1) residential representatives: Jay Beckman, Rosemary Mann and Alfonso
20
J. Perez; 2) as business owners and/or merchants: Alex Abril and Mike Malor and 3) as commercial property
21
owners: Albert S. Elias and Shirley Huebner to serve for two year terms expiring June 17, 2005 or until
22
successors are duly appointed and qualified.
f
23
24
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
25
CITY OF SOUTH MIAMI, FLORIDA;
26
h 27
Section 1. The City Commission here by appoints as: 1) residential representatives: Jay
28
Beckman, Rosemary Mann and Alfonso J. Perez; 2) as business owners and/or merchants: Alex Abril and
29
Mike Mayor and 3) as commercial property owners: Albert S. Elias and Shirley Huebner to serve for two year
w; 30
terms expiring June 17 2005 or until successors are duly appointed and qualified serve on the Budget and
'd 31
Finance Committee.
32
33
Section 2. The terms shall expire June 17, 2005 or until successors are duly appointed and
34
qualified.
35
j 36
Section 3. This resolution shall take effect immediately upon approval.
37
38
PASSED AND ADOPTED this _ day of , 2003.
39
40
ATTEST: APPROVED:
41
42
43
CITY CLERK MAYOR
44
COMMISSION VOTE:
45
READ AND APPROVED AS TO FORM: Mayor Feliu:
46
Vice Mayor Russell:
r 47
Commissioner Bethel:
48
CITY ATTORNEY Commissioner Wiscombe:
49
Commissioner McCrea:
50
51
�V
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CITY OF SOUTH MIAMI BOARDlCOMM ►TTEE APPL ICATION
6130 Sunset Drive Phone No., 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: ALFONSO J. PEREZ
(Please print)
2. Home Address:' 5940 S.W. 87 Street, South Miami, Florida 33143
3. Business Address: 283 Catalonia Avenue, 2nd Floor, Coral Gables, Florida 33134
4. Home Phone No. (305) 667 -5641 Business Phone No. (305) 476. -7100
Fax No. (305) 476 -7102
5. Education Background:
University of Miami BBA - Accounting 1973
University of Miami JD 1976
6. Community Service:
City of Coral Gables Planning & Zoning Board
City of Coral Gables Code Enforcement '
City of Miami Beach Code Enforcement Special Master
Also See Attached Resume
8. Are you a registered voter? Yes X No
9. Are you a resident of the City? Yes X No
Yes No X
have a business in he City? 10. Do you
y
11. Ethnic Origin?
White Non - Hispanic African American - Hispanic American X Other
Signs ure Dater
Applic t
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 6101
ALFONSO J. PEREZ
5940 S.W. 87 Street
South Miami, Florida 33143
(305) 667 -5641 (Home)
(305) 476 -7100 (Office)
PERSONAL
Born February 5, 1951 in Camaguey, Cuba
Two children Andre 21 and Christopher 20
EDUCATION
Law:
University of Miami, Coral Gables, Florida
Juris Doctor, 1976
Undergraduate:
University of Miami,; Coral Gables, Florida
Bachelor of Business Administration/
Accounting, 1973
I
Miami -Dade Community College
AA Degree - 1971
PROFESSIONAL
EXPERIENCE
Touche, Ross & Co., C.P.A.'s
Miami, Florida. (1973)
Partner, Demos, Dougherty & Perez
Miami, Florida (1979)
Shareholder, Britton, Cohen, Cassel, Kaufman &
'
Schantz, P.A. (1979 - 1985)
Founding Partner, Haley, Sinagra & Perez, P.A.
Law offices in Miami and Fort Lauderdale (1985 - 2002)
The firm represents some of Florida's largest lending
institutions and other corporate clients in commercial
litigation, bankruptcy and loan documentation. For the past
several years, the firm has been retained by the RTC and
FDIC to represent those agencies in significant litigation
matters.
Founding Partner,,Rasco Reininger Perez & Esquenazi,
i
P.L. (2002 — `Present)
ADMITTED TO
PRACTICE
United States Supreme Court
Court of Appeals
Fifth and Eleventh Circuits
United States District Court
Southern and Middle District of Florida
Supreme Court of Florida
PROFESSIONAL
AFFILIATIONS
Panel of Arbitrators
American Arbitration Association,
Dade County Bar Association
Florida Bar Association
Sections: Trial Lawyers; Real Property; Probate;
Trust Law; International Law Committee;
Fund Member, Lawyers Title Insurance Corporation;
Author, `Making ' a Difference ", (Contracting with
Minority and Women Owned Law Firms), Mortgage
Banking Magazine, December 1992;
Lecturer, Southeast Bank, N.A., Community Banking
Seminar Series "Collection of the Bad Loan; Dealing with
your once Favorite Customer." 1983 - 1985;
The Association of Trial Lawyers of America;
The Cuban American Bar Association
Director: 1979, 1980, 1981, 1987
Vice President: 1980 — 1981;
Phi Alpha Delta Legal Fraternity;
Inactive Member, Kiwanis Club of Little Havana;
Member, Coral Gables Chamber of Commerce,
(Chairman, State and National Issues Committee);
Member, Marine Life Preservation Society;
Member, Florida Supreme Court Historic Society.
APPOINTMENTS
Appointed by U.S. Senator Connie Mack to the Federal
Judicial Advisory Commission (1989 - '1992);`21 person
commission responsible for 10 lifetime appointments to the
Federal Judiciary in the State of Florida;
Appointed by the Governor of the State of Florida to the
Eleventh Judicial Circuit Nominating Commission (1988 -
1992); Chairman of Commission (1990- .1991) (9 person
commission responsible for 17 appointments to the State
bench);
Appointed by City of Coral Gables Commission to the
City of Coral Gables Code Enforcement Board (1987 -
1989); Planning & Zoning Board (1989 - 1992); City
Attorney Selection Committee (1992);
Selected by a group of prominent citizens of Miami to
discuss the "Orlando Bosch" case with President Ronald
Reagan - June 29, 1988 - Miami, Florida;
Selected by the Florida Chamber Foundation to
Leadership Florida Class XI (1992 - 1993);
Appointed to the U.S. Senate Republican Task Force
Advisory Committee on Hispanic Affairs (1994);
Recipient Florida Bar 1996 Voluntary Bar Association
Pro Bono Service Award;
1996 Convention Chairperson, Hispanic National Bar
Association;
Selected by the Miami Beach City Commission as Zoning
Violations Hearing Magistrate — 1997;
Selected to the Metro Dade Citizens Transportation
Advisory Committee (CTAC) — 1999.
POLITICAL
Founding Member, Citizens For An Open Judiciary
(Political Action Committee 2000)
Dade County Co- Chairman Connie Mack U.S. Senate
Election Campaign 1988
i
Active in numerous State Legislative and Senate races, as
well as Municipal and County Government Political
Campaigns.
MAXCAWPDOCAJP=SVM.AJP
_3'
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPL ICATION
6130 Sunset Drive Phone Na 305.- 663 -6340
South Minn, FL 33143 Fax No. 305- 663 - 6348
1. Name: ►' t` l UUIEI 14e P—
(Please ru. nt)
2. Rome Address:
3. Business Address:
4. Home Phone No.3C6 — Wo(v-` i 'Y Business Phone No. `
Fax No. 3 C'�i- — 13 I P
5. E -mail Address • 162 M-4-9l rc A-o ( c C D IM
V. Edacation Background:
eR. C oi�ce �4, ocF
7. " Community Service:
8. Are you a registered voter? Yes L--- No
9. Are you a resident of the City? Yes L/ No
10. Do you have a business in the City? Yes No
11. Ethnic Origin?
White Non - Hispanic L----African American _ Hispanic American Other
12. Y am interested in serving on the following boards) /committee(s):
Signature Date
Applic nt
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised S/02
T ' d
BfrE6L9990£
jaugany Ra i u i 4s
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60
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,add
Jun 1303 04:42p Albert Elias 305 -666 -8174 p.1
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C177 OF SOUM MUNI BOAA' X0AlM /TIWE APPL/CA r/ON
6130 Sunset Drive ,Phone Na 305L663- -6340
South Miami. FI, 33143 } j Fax Na 305- 663.6,148
1. Name:
(Pleasa �rint)'
Z> Home Address:
3. Business Address: % i i (���. ,) ► t,,. 1 ` �� %ate, i 33z �!3
4. Home Phone No. �L% 2
5 � �- % 72�L- i3usine're Phone No.
Fax Ho.
S. L -mail Address::2/
6. Edaca 'on B ckgrpund: F,41Ll'S
7. Community Service:
S.
Are you a registered voter?
Yes
No
9.
Are you a retident of the City?
- Yea
No
10.
Do you have a business in the City?
Yes
No
11.
Ethnic Origin),
White Non- IfispaniE->, African American
Hispanic American
Other
12.
I am, interested in serving on the following boards) /committee(s):
f , 121 tt
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Signature
Applicant
THIS APPLICATION WIM REMAIN ON FILE FOR ONE YEAR
RSVk d W02
E!i 30Vd !WdZV:: VO-VI-Nn `m9eggsou `•IRVIW Hines jo AlIo :A8 IUS
,SRS. ,.i- l''^r =?s',..
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`5'x szs »S' 2001
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305 - 663 -6348
1. Name: le,�61117aAl
(Please print
2. Home Address: % 0V
3. Business Address:
4. Home Phone Noi� a �� Business: Phone No. d�5"3 %S' 4� lal
Fax No. d fg�� ��33
5. E -mail Address:
6. Education Background: s
we
7: Community Service:
�f
8. Are you a registered voter? Yes No
9. Are you a resident of the City? Yes No
10. Do you have a business in the City? Yes No
11. Ethnic Origin?
White Non - Hispanic tZ African American Hispanic American_ Other
12. I am interested in serving on the following board(s) /committee(s)
First choice Second choice
Th' hoice Fourth choice
Signature % Date —
pplicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 8102
.
IV UIll 1Vd la III
L
es oil
2001
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATIOM
6130 Sunset Drive
Phone No. 305 -663 -6340
South Miami, FL 33143
Fax No. 345- 663 -6348
1. Name: Gtr
(Please Tint)
Home Address: Is-
2.
3> Business Address:�s�
JY-
4. Home Phone No. �$6'� ° 2` ' t
Business Phone No. .7X6 --2-6 g °;z-ycl
Fax No.
5. Ed catio Background:
1�� �
®°r < I¢
%� & cal � --CkP- n e i:rorVJR �f1 �✓V
�ayfW <feo7oqgA
6. Community ServiJ�e:
8. Are you a registered voter?
Yes No
9. Are you a resident of the City?
Yes i/� No
10. Do you have a business in the City?
Yes No
11. Ethnic Origin?
White Non - Hispanic African American Hispanic American Other
Signature !
Date " 26 0 .
A plcant
I�
i
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 6101
i
2001
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: _ I
(Please,�rint)
2. Home Address: Z `�Z- A /,z
3. Business Address: Piz- ,Z
4. Home Phone No. -76, Z [�i Business 'Phone No.
Fax No. ro 4
5. E -mail Address:rD1U JAIL 3L , M
6. Education Background:
7.
Community Service:
8.
Are you a registered voter?
Yes
No
9.
Are you a resident of the City?
Yes
No
10.
Do you have a business in the City?
Yes
No
I1.
Ethnic Origin ?'
White Non-Hispanic ,_ African American
Hispanic American
Other
12.
'i am interested in serving on the following board(s)
/committee(s):
Q V t, � 6pm KA
.FMchoice
Second choice
I'll Thir choir --
Fourth choice
Sign
ure
Date
. t
T APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
_
Revised 8/02
N,e ..... r:,�.^,.rrFS: --^r..
04/29/2003 15:45 3056661914 ALEX PAGE 01
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04/29/2003 15:45 305E,61914
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PAGE 02
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30 Sweet Db►iw F Na 3DS -3-63
M FL 33143 F'ox n. 30s-,W4348
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COiamllntt] .rilPViOY:
.yam - - --
1,4ro you a r blered Voter? Yes No
W. i
An you a I cement of the City? 'Yes � No
O. I�00 you born a buadM In tlW CRY'! fib
it. .ibnk Orl&?
!WhkeNo¢Hbparidc Atria b AW&Vl an Bi Pw* Atnrrk� OO*mr
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12. 'i am hdomted in servft on the tdhywbg board(a)/armWtk*$)
1-� C0 irn
i
Date I
A PP ME"t
TIM ,A,PPLICATI'ON'WILL RBMIAIN ON FUZ FOR ONg YEAR
A vb" "2
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o� sou 7r CITY OF SOUTH MIAMI _South Miami
Av
4 Excellence, Integrity, Inclusion AIFAmericaGihr
INCORPORATE
1927
0RtD
2001'
TO: Honorable Mayor, Vice Mayor DATE: June 17, 2003
& City Commission
FROM: Sanford A. Youkilis ITEM No.
Acting City Manager RE: Preliminary Design and cost
estimate for Murray Park Pool
RESOLUTION
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI APPROVING A PROFESSIONAL SERVICES FEE OF NOT TO
EXCEED $20,000 (TWENTY THOUSAND) FOR MCHARRY & ASSOCIATES FOR
UPDATING THE MURRAY PARK MASTER PLAN AND TO PREPARE
PRELIMINARY DESIGN AND COST ESTIMATES FOR THE MURRAY PARK POOL,
AUTHORIZING THE DIRECTOR TO DISBURSE SAID ;FUNDS FROM ACCOUNT
NUMBER 001- 0000 - 115- 70 -43, ENTITLED OCED POOL DESIGN; AND PROVIDING
FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
A> Master Plan for the Murray Park was prepared in February 2001 and was adopted by
the City Commission. The phase two of the Master Plan is in its final stages of
completion. One of the future phases included 'a pool. Subsequent to the adoption of the
Master Plan, there has been some discussion about the location of the Pool with respect to
the Phase two of the Multipurpose Center. With the help from Commissioner Morales'
office, the City received funding of $20,000 through the Miami -Dade Office of
Community and Economic Development (OCED) for preparing a set of preliminary plans
and cost estimate for the Pool. The funding is specific to the pool, and must be spent by
the end of this year.
MCHarry is a pre- approved OCED consultant for Murray Park project and prepared the
original Master Plan. It is recommended that MCHarry be authorized to update the
Master Plan and prepare the preliminary Plans and cost estimate.
RECOMMENDATION
Approval
Attachments:
Draft Resolution
SAY /SB
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI APPROVING A PROFESSIONAL SERVICES FEE OF NOT TO
5 EXCEED $20,000 (TWENTY THOUSAND) FOR MCHARRY & ASSOCIATES FOR
6 UPDATING THE MURRAY - PARK MASTER PLAN AND TO PREPARE
7 PRELIMINARY DESIGN AND COST ESTIMATES FOR THE MURRAY PARK POOL,
8 AUTHORIZING THE DIRECTOR TO DISBURSE SAID FUNDS FROM ACCOUNT NUMBER
9 001- 0000 - 115- 70 -43, ENTITLED OCED POOL DESIGN; AND PROVIDING FOR AN
10 EFFECTIVE DATE.
11
12 WHEREAS, in February 2001 the City; Commission adopted the Master Plan for
13 Murray Park prepared by MCHarry and Associates, and
14
15 WHEREAS; as a result of subsequent community meetings and the completion
16 of the phase two of the Multipurpose Center, it is necessary to update the Master Plan,
17 and
18
19 WHEREAS; the City desires to develop a set of preliminary plans and cost
20 estimate for the Murray Park Pool, and
21
22 WHEREAS; the City has received a funding of $20,000 from Miami Dade
23 Office of Community and Economic Development (OCED) to prepare preliminary plans
24 and cost estimates for the Murray Park Pool,
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
27 OF THE CITY OF SOUTH MIAMI, FLORIDA;
28
29 Section 1: The Director is authorized to proceed with the preliminary plans and cost
30 estimates for the Murray Park Pool and approve the professional fee of not to exceed $20,000 for
31 MCHarry and Associates who is pre- approve by OCED.
32
33 Section 2: This resolution shall be effective upon approval.
34
35 PASSED AND ADOPTED this day of 2003.
36
37 ATTEST: APPROVED:
38
39
40 SECRETARY' CHAIRPERSON
41
42 Commission Vote:
43 READ AND APPROVED AS TO FORM: Mayor Feliu:
44 Vice Mayor Russell:
45 Commissioner Bethel:
46 Commissioner Wiscombe:
47 CITY ATTORNEY Commissioner McCrea:
��--� ° r ; -;.;. r gym:- z=- ^'�- �°.„r.�w? ,.,k,.,� -�- �r.�'. , i .r �;"F': -�{;r << , . -r'r:- f � • -. ."- �?�-r. r, :, �., , ,. . �,:.3�- .. "'�' 3r- 'fi�e.�g . .,� . r,a. �' ,� .. �, .t._�a , „>
a sour South Miami
4 All- America City
INCORPORATED
.1927
.t+t0RVVp,
2001
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Excellence, Integrity and Inclusion
To: Honorable Mayor, Vice Mayor Date: June 17, 2003
and City Commission
From: Sanford A. Youkilis Subject: Agenda Item # /�
Acting City Manag " Approval of payment for the
2001 ad valorem taxes for the
Hammock House property
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING PAYMENT OF 2001 AD VALOREM TAXES IN THE AMOUNT OF
$7,441.85 FOR THE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE (ALSO KNOWN AS,T14E
HAMMOCK HOUSE); CHARGING ACCOUNT NUMBER 001 -2100 -519 -9920, ENTITLED
"GENERAL CONTINGENCY"; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South Miami has been interested in purchasing the Hammock House property
located at 7800 S.W. 59th Avenue, known as the Hammock House in an effort to establish a
passive park and preserve the natural elements of the property. Grant funds were secured to fund
the acquisition.
The City Commission approved the Letter of Intent outlining the conditions of the sale, as well
as the Contract for Sale and Purchase for the acquisition of 1/3 of the referenced property. As a
condition to the sale, the City agreed to pay for the 2001 overdue ad valorem taxes in the amount
of $7,441.85. In exchange, the property owners agreed to enter into a 2 -year option period
allowing the City additional time to purchase the remaining 2/3 of the property. The option
agreement was a requirement of the Office of Safe Neighborhood Parks to the approval of the
City's request for a scope amendment allowing the City to purchase 1/3 of the property rather
than the entire site. The remaining account balance will be zero.
RECOMMENDATION
Approval is recommended.
Attachment: 2001 Ad Valorem Tax Bill
SAY /OC
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PAYMENT OF 2001
6 AD VALOREM TAXES IN THE AMOUNT OF $7,441.85 FOR THE
7 PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE (ALSO KNOWN AS
8 THE HAMMOCK HOUSE); CHARGING ACCOUNT NUMBER 001- 2100
9 519 -9920, ENTITLED "GENERAL CONTINGENCY "; AND PROVIDING AN
10 EFFECTIVE DATE`.
11
12 WHEREAS, the City Commission of South Miami adopted Resolution No. 93- 03- 11642
13 ' during its regular meeting on June 10, 2003 approving the Contract for Sale and Purchase for the
14 acquisition of the vacant 1/3 of the property located at 7800 SW 59 Avenue, otherwise known as
15 the "Hammock House ", and
16
17 WHEREAS, pursuant to the conditions of sale as indicated on the approved Letter of
18 Intent and the Contract for Sale and Purchase, the City has agreed to pay the property owner the
19 overdue Ad Valorem taxes for the year 2001 in the amount of $7,441.85, and
20
21 WHEREAS, in consideration of the ad valorem tax payment, the property owner agreed
22 to enter into a two -year option period allowing the City additional time to purchase the
23 remaining 2/3 of the property.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI:
27
28 Section 1. The City Manager is authorized disburse the amount of $7,441.85 from
29 account number 001- 2100 -519 -9920, entitled "General Contingency ".
30
31 Section 2. This resolution shall take effect immediately upon arrival.
32
33 PASSED AND ADOPTED this day of , 2003.
34
35 ATTEST: APPROVED
36
37
38 CITY CLERK MAYOR
39
40 Commission Vote:
41 READ AND APPROVED AS TO FORM: Mayor Feliu:
42 Vice Mayor Russell:
43 Commissioner Bethel:
44 Commissioner` McCrea:
45 Commissioner Wiscombe:
46 CITY ATTORNEY
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: July 10, 2003 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: July 22, 2003 Phone: (305) 663 -6340
Time: 4:30 PM
City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in 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, RELATING TO CITY MANAGER;
APPROVING A CONTRACT BETWEEN THE CITY `'OF,SOUTH MIAMI
AND THE CITY MANAGER; PROVIDING FOR TERMS AND
CONDITIONS AND AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
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
AGENDA - July 10, 2003
Additions shown by underlining and deletions shown' by ever-striking.
1
RESOLUTION NO.
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
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THE CITY OF SOUTH MIAMI, .FLORIDA, ,RELATING TO 'CITY
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MANAGER; APPROVING A CONTRACT BETWEEN THE CITY OF
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SOUTH MIAMI ' AND THE CITY MANAGER, PROVIDING FOR
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TERMS AND CONDITIONS AND AN EFFECTIVE DATE.
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WHEREAS, the City of South Miami has embarked upon a three part process to
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professionalize the relationship between the City Commission and the City Manager; and
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WHEREAS, the development of a contract with the City Manager is the third step
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in the process; and
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WHEREAS, the City of South Miami wish to employ the services of Maria V.
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Davis as City Manager of the City of South Miami; and
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WHEREAS, the City and City Manager desire to provide for certain procedures,
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benefits, requirements and to set working conditions regarding the employment'' of the
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City Manager by the City,
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NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
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COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
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Section 1. The City Commission approves the contract between the ,City of
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South Miami and Maria V. Davis. A copy of the contract is annexed to this resolution. "
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Section 2. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this day of 12003.
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ATTEST: APPROVED:
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35
Ronetta Taylor, CMC Horace G. Feliu
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CITY CLERK MAYOR
37
38
COMMISSION VOTE:
39
READ AND APPROVED AS TO FORM: Mayor Feliu:
40
Vice Mayor Russell:
41
Commissioner Wiscombe:
42 '
CITY ATTORNEY Commissioner Bethel:
43
Commissioner McCrea:
44
Additions shown by underlining and deletions shown' by ever-striking.
EMPLOYMENT AGREEMENT
CITY MANAGER
This agreement is entered into this 10th day of July, 2003, by and
between the City of " South Miami, a Florida municipal corporation, and
Maria V. Davis.
In consideration of the sum of $10.00, the covenants ` contained in this
agreement, and other good and valuable consideration, the legal sufficiency
and receipt of which is acknowledged by the parties, the city and Ms. Davis
agree as follows:
Section 1. APPOINTMENT; EFFECTIVE DATE
1.1. Pursuant to art. III, sec. I 1, of the city charter for the City of
South Miami, the city, acting through its city commission, appoints Maria V.
Davis as its city manager.
1.2. The appointment is effective July 14, 2003 and shall continue
for the term of this agreement, unless this agreement is terminated as
provided below.
1.3. This agreement shall continue in force for a period of three
ears from the effective date. This a' eement shall be automatically
y �' Y I
renewed for additional terms of one year unless either party provides written
notice of non - renewal 90 days prior to the renewal date.
i
Section 2. CONDITION OF EMPLOYMENT'
2.1. Pursuant to art. H, sec. 7.A. of the city charter, the city manager
shall serve at the pleasure of the city commission. The commission shall
have the power to terminate the services of the city manager at any time in
accordance with the provisions of this agreement.
Section 3. DUTIES AND RESPONSIBILITIES
3.1. The city manager shall be the chief administrative officer of the
city. The city manager "shall be responsible to the commission for the
administration_ of all city affairs, for carrying out policies adopted by the
Employment Agreement — City Manager
July 10, 2003
Page l of 8
i
I
commission and for implementing the city budget as directed by the
commission.
3.2. The city manager shall perform those duties prescribed by art.
III, sec. 5 and other provisions of the charter, prescribed by law and
interlocal agreement, and as directed by the commission.
3.3. The city manager is responsible only to the commission. The
city manager shall report and be accountable to the commission.
3.4. Subject to the authorization for new employee positions
contained in the adopted annual budget, the availability of funds and any
policy direction given by the commission, the city manager shall be solely
responsible for the hiring and termination of all city employees. Except for
purchasing power granted to the city ;manager by ordinance pursuant to art.
III, sec. 5.H. of the charter, the commission shall be solely responsible for
the hiring and termination of all its consultants, contractors and advisors.
Nonetheless, the city manager shall be primarily responsible for contract
administration and coordinating commission directives and policies
regarding consultants and advisors.
3.5. The city manager shall devote whatever time is necessary to
properly perform the duties of the position. The city manager acknowledges
that, on average, a minimum of 40 hours per week is necessary to adequately
perform the duties of a city manager under this agreement.
Section 4. NON - INTERFERENCE
4.1. To the extent practical, commission members shall address their
concerns 'regarding the financial condition, operations, personnel and other
city matters directly to the city manager and the city manager shall address
those matters with the city staff, consultants, contractors, and advisors.
Individual members of the city commission shall not, acting alone and
without authorization of the city commission, direct the city manager to
enter into or terminate any contract, to grant, or withhold funds to any
person, nor instruct any city personnel under the city manager's control to
take or refrain from taking any action. This paragraph shall not be applied to
limit the non - interference provisions of art. VI, sec. 7 of the charter.
Employment Agreement - City Manager
July 10, 2003
Page 2 of 8
Section 5. SALARY
5.1. The city manager shall be paid an initial annual salary of
$107;000.00. The salary shall be increased to $110,000.00 upon the receipt
of a favorable evaluation by the commission at the end of the first three
months of employment. The increase in salary shall go , into effect
commencing November 1, 2003. The salary increase shall constitute 'a merit
pay increase for the fiscal year commencing October 1, 2003. The salary
shall be paid with the same frequency as payment is made to other city
employees.
5.2. The city manager shall be entitled to receive the same annual
cost of living increase as may be granted to other administrative employees.
The ` city manager's role in negotiating this subject with recognized
collective bargaining units shall not be considered a conflict of interest.
5.3. The city manager shall receive an annual cost of living
adjustment (COLA) if COLA is given to other administrative employees.
The amount of the COLA shall be equal to the percentage increase given to
other administrative > employees. The city manager shall also receive an
annual merit increase. The amount shall be determined by the city
commission. In evaluating the amount of the merit increase, the commission
may consider such matters, among others, as I experience,; length of
employment, job performance, overall ability, responsiveness to direction
from the commission and whether, and the extent to which, the city manager
has met or exceeded goals and objectives that may be set by the commission.
Section 6. BENEFITS
6.1. Vacation and sick leave. The city manager shall be credited
with 18 days of vacation time upon the commencement of employment and
shall accrue vacation time at the rate of 1.5 days per month and sick leave at
the rate of 1 day per month. The city manager may accumulate unused
vacation and sick time as provided by city policy.` In addition, the city
manager shall receive three personal days per fiscal year. The manager shall
provide the commission with prior written notice to vacation time.
6.2. Holidays. The city manager is entitled to all paid holidays
granted to all general city employees.
Employment Agreement - City Manager
July 10, 2003
Page 3 of 8
6.3 Insurance. The city shall ,provide comprehensive preferred
plan option (PPO) medical, and dental insurance for the city manager and
disability insurance for the city manager, as provided to unclassified
employees'. The city shall provide life insurance coverage in the amount
equal to the manager's annual base salary, excluding all other benefits.
6.4. Retirement. The city shall contribute into a deferred
compensation account or retirement plan chosen by the city manager an
amount equal to 15% of the city manager's annual base salary. Base salary
shall not include any other, benefits, including the value of accrued vacation
and sick time, car and equipment allowances, expense account and insurance
benefits.
6.5 Equipment. The city shall provide appropriate equipment
necessary for the city manager to perform her official responsibilities. The
city shall issue the city manager a cell phone. Expenses for the city cell
phone shall be paid by the city. Alternatively, the city manager may use a
private cell phone and receive a monthly cell phone allowance of $75.00.
The city shall pay the manager a monthly automobile allowance of $450.00
and a $75.00 monthly gas allowance. The manager shall not be required to
supply any receipts `or other documentation in order to receive these
allowances.
6.6 Monthly expenses. The city shall provide the city manager a
monthly expense allowance equal to the amount provided to a member of
the city commission.
Section 7. PROFESSIONAL DEVELOPMENT
7.1. The city shall pay travel and per diem expenses, as authorized
by law, for the city manager's travel and attendance at the International
County Managers' Association annual conference, Florida City /County
Managers' Association annual conference, and the Florida League of Cities'
annual conference. The city shall pay for the city manager's attendance at
other seminars, 'conferences, and committee meetings as are approved in the
city's annual budget (on a line item basis), or as authorized by the city
commission.
7.2. The city shall pay the city manager's professional dues for
membership in the International County Manager's Association, and the
Employment Agreement — City Manager
July 10, 2003
Page 4 of 8
Florida City and County Management Association. The city shall pay other
dues and subscriptions on behalf of the city manager as are approved in the
city's annual budget (on a line item basis) or as authorized separately by the
city commission.
Section 8. SURETY BOND
8.1. The city manager shall furnish a surety bond to be approved by
the commission, as required under art. Vl, sec. 2 of the charter, in such
amount as may be determined by the commission. The city shall be
responsible for payment of the premium of this bond. The city manager
shall- secure a surety bond, upon the approval of the commission, within 30
days of the effective date of this agreement.
Section 9. OUTSIDE ACTIVITIES`
9.1. With prior approval of the commission, the city 'manager is
permitted to engage in professional activities separate and apart from city
matters; provided, however, the activities shall not conflict or interfere with
the performance of the city manager's duties and responsibilities under this
agreement.
Section 10. TERMINATION OF AGREEMENT
10.1. For convenience of the city. The commission may terminate
this agreement without cause for its convenience. Upon termination for
convenience, the city shall pay the city manager a lump sum cash payment
equal to salary for three months if termination occurs during the first year of
employment. The salary severance benefit shall' be increased by one month
for each additional year of service; however, the maximum benefit shall not
exceed six months. The city shall also pay all accrued vacation and sick
time as provided in paragraph 6.1. Severance pay shall be paid within 15
working days of termination. The city shall continue to pay medical, dental
and disability insurance coverage for the city manager following the date of
termination for a period of time equal to the salary severance benefit. The
city shall not pay for automobile, gas and cell phone allowances,
professional fees or other expenses after the date of termination. The city
shall have no further financial obligation to the city manager after payment
is made under this paragraph.
Employment Agreement - City Manager'
July 10, 2003
Page 5 of 8
10.2 For the convenience of the city manager. The city manager
may terminate this agreement for convenience upon giving the city at least
30 -days written notice prior to the effective date of the resignation. The city
shall pay all outstanding payments for benefits,` including ;accrued vacation
and sick time during the 30 -day notice period. The city manager shall not be
entitled to receive any further benefits or payments following the effective
date of the resignation.
10.3. For cause. The commission may terminate this agreement for
cause. The term "for cause" shall be defined to mean (1) breach of any
material term or condition of this agreement; (2) conviction of a felony; (3)
misconduct in office; (4) ;gross insubordination and, or willful neglect of
duty; or (5) a knowing or intentional violation of the Florida or Miami -Dade
County conflict of interest and code of ethics laws. In the event this
agreement is terminated for cause, the city shall have no obligation to pay
any severance pay or benefits, as provided in paragraph 10.1. The city shall
only pay accrued vacation and sick time unless those amounts isare used as a
set -off for any amounts owed by the city manager to the city. A for cause
termination decision may be reviewed by the circuit court in an original
action or a de novo review proceeding.
Section 11 REDUCTION IN SALARY AND BENEFITS
11.1 In the event the commission, at any time during the ;term of this
agreement, reduces the salary or other benefits of the city manager in 'a,
greater percentage than an equivalent across- the -board reduction for all
fulltime city employees, or in the event the city allegedly refuses to comply
with any other substantive provision of this agreement benefiting the city
manager, the city manager shall notify the commission in writing of the
alleged violation. The commission shall have 45 days from the notice within
which to cure the violation; otherwise, the city manager may, at her option,
consider the agreement terminated for the convenience of the city as of the
date of the reduction or refusal. Upon termination under this provision the
city s_ hall pay
severance a to the c t Y ma
manager as provided in paragraph
10.1.
Section 12. RETURN OF PROPERTY
12.1. Upon termination of this agreement, the city manager shall
immediately return all city property in her possession or control, including
Employment Agreement — City Manager
July 10, 2003`
Page 6 of 8
m
}.. ..�„'- al�y':' a» "�R, ,. a 'd✓^ E ;.:, Tf -,
but not limited to keys, computers, cell phone, pagers, vehicle, documents
and any other property of the city.
Section 13. OTHER "TERMS AND CONDITIONS -
13.1. Policy. The commission 'shall fix any other terms and
conditions of employment it may determine from time to time to be
necessary and in the city's best interest relating to the performance of the
city manager, provided that such terms and conditions are compatible with
the provisions of this agreement, Florida Statutes and any other law, and are
agreed to in writing by the city manager..
13.2. Conflict of interest and ethics. The city manager warrants that:
(a) she does not now have, and -that she will not enter into, any contractor
relationship with another person that creates a conflict of interest, as that
term is described in sec. 2 -11.1 of the Miami -Dade County code and the city
conflict of interest and ethics codes (ethics:codes), and (b) she has not paid,
or agreed to pay, any person any consideration for the procurement of this
agreement. The city ;manager represents that she will uphold all the state,
county and any city ethics codes, and the Florida public meeting and public
records laws (Sunshine laws). When in doubt, she will seek legal advice
from the city attorney and, or, direction by the city commission.
13.4. Mediation. Any claim or dispute arising out 'of, or related to,'
this agreement shall be subject to informal mediation as a condition
precedent to the institution of legal or, equitable proceedings by either party.
Mediation shall be deemed complete upon either the parties reaching an
agreement or the expiration of 45 days from the date that any party serves a
written request for mediation. Both parties waive the: right to, arbitration. The
parties shall share the mediator's fee and any filing fees equally. The
mediation' shall be held in Miami -Dade County, Florida, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as 'settlement agreements in the Circuit Court for
Flo the 11 th
Judicial Circuit for the State of rida.
13.5 Venue. Any action' arising under this agreement, including an
action to enforce the agreement, shall be brought in state court in Miami-
Dade County.
Employment Agreement — City Manager
July 10, 2003
Page 7 of 8
F N ,.
13.8 Construction. In the event a court must interpret any word or
provision of this contract, the word or provision shall not be construed
against either party by reason of drafting or negotiating this contract.
13.9 Notice. Any notice required or provided for in this agreement
shall be given to the parties at the addresses provided in the execution of this
agreement.
ATTEST: ' CITY OF SOUTH MIAMI
6130 Sunset Drive
Miami, FL 33143
Ronetta Taylor Horace G. Feliu
City 'Clerk Mayon
APPROVED AS TO FORM:
EARL G. GALLOP
City Attorney
Maria V. Davis
7630 S.W. 64th' Court
South Miami, FL 33143
\ \02srvplaw \prolaw\ Documents \0022\DAJ\ 18432.doc
Employment Agreement -,City Manager
July 10, 2003:
Page 8 of 8
L)J
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: July 10, 2003 6130 Sunset Drive, South-Miami, FL
Next Regular Meeting date: July 22, 2003 Phone: (305)
663 -6340
Time: 4 :30 PM
City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in 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 Cali:
B. Invocation:
C. Pledge of Allegiance:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER;
APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH MIAMI
AND THE CITY MANAGER; PROVIDING FOR TERMS AND
CONDITIONS AND AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
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
AGENDA - July 10, 2003
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
5 MANAGER; APPROVING A CONTRACT BETWEEN THE CITY OF
6 SOUTH MIAMI AND THE CITY MANAGER, PROVIDING FOR
7 TERMS AND CONDITIONS AND AN EFFECTIVE DATE.
8
9 WHEREAS, the City of South Miami has embarked upon a three part process to
10 professionalize the relationship between the City Commission and the City Manager; and
11
12 WHEREAS, the development of a contract with the City Manager is the third step
13 in the process; and
14
15 WHEREAS, the City of South Miami wish to employ the services of Maria V.
16 Davis as City Manager of the City of South Miami; and
17
18 WHEREAS, the City and City Manager desire to provide for certain procedures,
19 benefits, requirements and to set working conditions regarding the employment of the
20 City Manager by the City.
21
22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
24
25 Section 1. The City Commission approves the contract :between the City of
26 South Miami and Maria V. Davis. A copy of the contract is annexed to this resolution.
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:
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34
35 Ronetta Taylor, CMC Horace G. Feliu
36 CITY CLERK MAYOR
37
38 COMMISSION VOTE:
39 READ AND APPROVED AS TO FORM: ` Mayor Feliu:
40 Vice' Mayor Russell:
41 Commissioner Wiscombe:
42 CITY ATTORNEY Commissioner Bethel:
43 Commissioner McCrea:
44
Additions shown by underlining and deletions shown by ever-str-iking.
EMPLOYMENT AGREEMENT
CITY MANAGER
This agreement is entered into this IOt" day of July, 2003, by and
between the City of South Miami, a Florida municipal corporation, and
Maria V. Davis.
In consideration of the sum of $10.00, the covenants contained in this
agreement, and other good and valuable consideration, the legal sufficiency
and receipt of which is acknowledged by the parties, the city and Ms. Davis
agree as follows:
Section 1. APPOINTMENT; EFFECTIVE DATE
1.1. Pursuant to art. III, sec. 1, of the city charter for the City of
South Miami, the city, acting through its city commission, appoints Maria V.
Davis as its city manager.
1.2. The appointment is effective July 14, 2003 and shall continue
for the term of this agreement, unless this agreement is terminated as
provided below.
1.3 This agreement shall continue in force for a period of three
years from the effective date. This agreement shall be automatically
renewed for additional terms of one year unless either party provides written
notice of non - renewal 90 days prior to the renewal date.
Section 2. CONDITION OF EMPLOYMENT
2.1. Pursuant to art. II, sec. 7.A. of the city charter, the city manager
shall serve at the pleasure of the city commission. The commission shall
have the power to terminate the services of the city manager at any time in
accordance with the provisions of this agreement.
Section 3, DUTIES AND RESPONSIBILITIES
3.1. The city manager shall be the chief administrative officer of the
city. The city manager shall be responsible to the commission for the
administration of all city affairs, for carrying out policies adopted by the
Employment Agreement - City Manager
July 10, 2003
Page 1 of 8
■
commission and for implementing the city budget as directed by the
commission.
3.2. The city manager shall perform those duties prescribed by art.
III, sec. 5 and other provisions of the - charter, prescribed by law and
interlocal agreement, and as directed by the commission:'
3.3. The city manager is responsible only to the commission. The
city manager shall report and be accountable to the commission.
3.4. Subject to the authorization for new employee positions
contained in the adopted annual budget, the availability of funds and any
policy direction given by the commission, the city manager shall be solely
responsible for the hiring and termination of all city employees. Except for
purchasing power granted to the city manager by ordinance pursuant to art.
III, sec. S.H. of the charter, the commission shall be solely responsible for
the hiring and termination of all its consultants, contractors and advisors.
Nonetheless, the city manager shall be primarily responsible for contract
administration _ and coordinating commission directives and policies
regarding consultants and advisors.
3.5. The city manager shall devote whatever time is necessary to
properly perform the duties of the position. The city manager acknowledges
that, on average, a minimum of 40 hours per week is necessary to adequately
perform the duties of a city manager under this agreement.'
Section 4. NON - INTERFERENCE
4.1. To the extent practical, commission members shall address their
concerns regarding the financial condition, operations, personnel and other
city matters directly to the city manager and the city manager shall address
those matters with the city staff, consultants, contractors and advisors.
Individual members of the city commission shall not, acting alone and
without authorization' of the city commission, direct the city manager to
enter into or terminate any contract, to grant or withhold funds to any
person, nor instruct any city personnel under the city manager's control to
take or refrain from taking any action. This paragraph shall not be applied to
limit the non- interference provisions of art. VI, sec. 7 of the charter.
Employment Agreement City Manager
July 10, 2003
Page 2 of 8
Section 5, SALARY
5.1. The city manager shall be paid an initial annual salary of
$107,000.00. The salary shall be increased to $110,000.00 upon the receipt
of a favorable evaluation by the commission at the end of the first three
months of employment. The increase in salary shall go into effect
commencing November 1,, 2003. The salary increase shall constitute a merit
pay increase for the fiscal year commencing October 1, 2003. The salary
shall be paid with the same frequency as payment is made to other city
employees.
5.2. The city manager shall be entitled to receive the same annual
cost of living increase as may be granted to other administrative employees.
The city manager's role in negotiating this subject with recognized
collective bargaining units shall not be considered a conflict of interest.
5.3. The city manager shall receive an annual cost of diving
adjustment (COLA) if COLA is given to other administrative employees.
The amount of the COLA shall be equal to the percentage increase given to
other administrative employees. The city manager shall also receive an
annual merit increase. The amount shall be determined by the city
commission. In evaluating the amount of the merit increase, the commission
may consider such matters, among others, as experience, length of
employment, job performance, overall ability, responsiveness to direction
from the commission and whether, and the extent to which, the city manager
has met or exceeded goals and objectives that may be set by the commission.
Section 6. BENEFITS
6.1. Vacation and sick leave. The city manager shall be credited
with 18 days of vacation time upon the commencement of employment and
shall accrue vacation time at the rate of 1.5 days per month and sick leave at
the rate of 1 day per month. The city manager may accumulate unused
vacation and sick time as provided by city policy. In addition, the city
manager shall receive three personal days per fiscal year. The manager shall
provide the commission with prior written notice to vacation time.
6.2. Holidays. The city manager is entitled to all paid holidays
granted to all general city employees.
Employment Agreement City Manager
July 10, 2003
Page 3 of 8
6.3 Insurance. The city shall provide comprehensive preferred
plan option (PPO) medical, and dental insurance for the city manager and
disability insurance for the city in as provided to unclassified
employees. The city shall provide `life insurance coverage in the amount
equal to the manager's annual base salary, excluding all other benefits.
6.4. Retirement. The city shall ` contribute into a deferred
compensation account or retirement plan chosen by the city manager an
amount equal to 15% of the city manager's annual base salary. Base salary
shall not include any other benefits, including the value of accrued vacation
and sick time, car and equipment allowances, expense account and insurance
benefits.
6.5 Equipment. The city shall provide appropriate equipment
necessary for the city manager to perform her official responsibilities. The
city shall issue the city manager a cell phone. Expenses for the city cell
phone shall be paid by the city. Alternatively, the city manager may use a
private cell phone and receive a monthly cell phone allowance of $75.00.
The >city shall pay the manager a monthly automobile allowance of $450.00
and a $75.00 monthly gas allowance. The manager shall not be required to
supply any receipts or other, documentation in order to receive these
allowances.
6.6 Monthly expenses. The city shall provide the city manager, a
monthly expense allowance equal to the amount provided to a member of
the city commission:
Section 7. PROFESSIONAL DEVELOPMENT
7.1. The city shall pay travel and per diem expenses, as authorized
by law, for the city manager's travel and attendance at the International
County Managers' Association annual conference, Florida City /County
Managers' Association annual conference, and the Florida League of Cities'
annual conference. The city shall pay for the city manager's attendance at
other seminars, conferences, and committee meetings as are approved in the
city's annual budget (on a line item basis), or as authorized by the city
commission.
7.2. The city shall pay the city 'manager's professional dues for
membership is the International County Manager's Association, and the
Employment Agreement City Manager
July 10, 2003
Page 4 of 8
Florida City and County Management Association. The city shall pay other
dues and subscriptions on behalf of the city manager as are approved in the
city's annual budget (on a line item basis) nor as authorized separately by the
city commission.
Section 8. SURETY BOND
8.1. The city manager shall furnish a surety bond' to be approved by
the commission, as required under art. VI, sec. 2 of the charter, in such
amount as may be determined by the commission. The city shall be
responsible for payment of the premium of this bond. The city manager
shall secure a surety bond, upon the approval of the commission, within 30
days of the effective date of this agreement.
Section 9. OUTSIDE ACTIVITIES
9.1. With prior approval of the .commission, the city manager is
permitted to engage in professional activities separate and apart from city
matters; provided, however, the activities shall not conflict or interfere with
the performance of the city manager's duties and responsibilities under this
agreement.
Section 10. TERMINATION OF AGREEMENT
10.1. For convenience of the city. The commission may terminate
this agreement without cause ` for its convenience. Upon termination for
convenience, the city shall pay the city manager a lump sum cash payment
equal to salary' for three months if termination occurs during the first year of
employment. The salary severance benefit shall be increased by one month
for each additional year of service; however, the maximum benefit shall not
exceed six months. The city shall also pay all accrued vacation and sick
time as provided in paragraph 6.1. Severance pay shall be paid within 15
working days of termination. The city shall continue to pay medical, dental
and disability insurance coverage for the city manager following the date of
termination for a period of time equal to the salary severance benefit. The
city shall not pay for automobile, gas and cell phone allowances,
professional fees or other expenses ;after the date of termination. The city
shall have no further financial obligation to the city manager after payment
is made under this paragraph.
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July 10, 2003
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10.2 For the convenience of the city manager. The city manager
may terminate this agreement for convenience upon giving the city at least
30 -days written notice prior to the effective date of the resignation. The city
shall pay all outstanding payments for benefits, including accrued vacation
and sick time during the 30 -day notice period. The city manager shall not be
entitled to receive any further benefits or payments following the effective
date of the resignation.
10.3. For cause. The commission may terminate this agreement for
cause. The term "for cause" shall be defined to mean (1) breach of any
material term or condition of this agreement; (2) conviction of a felony; (3)
misconduct in office; (4) gross insubordination and, or willful neglect of
duty; or (5) a knowing or intentional violation of the Florida or Miami -Dade
County conflict of interest and code of ethics laws. In the event this
agreement is terminated for cause, the city shall have no obligation to pay
any severance pay or benefits, as provided in paragraph 10.1. The city shall
only pay accrued vacation and sick time unless those amounts isare used as a
set -off for any amounts owed by the city manager to the city. A for cause
termination decision may be reviewed by the circuit court in an original
action or ,a de novo review proceeding.
Section 11. REDUCTION IN SALARY AND BENEFITS
11.1. In the event the commission, at any time during the term of this
agreement, reduces the salary or other benefits of the city manager in a
greater percentage than an equivalent across- the -board reduction for all
fulltime city employees, or in the event the city allegedly refuses to comply
with any other substantive provision of this agreement benefiting the city
manager, the city manager shall notify the commission in writing of the
alleged violation. The commission shall have 45 days from the notice within
which to cure the violation; otherwise, the city manager may, at her option,
consider the agreement terminated for the convenience of the city as of the
date of the reduction or refusal. Upon termination under this provision the
city ' shall pay severance pay to the city manager as provided in paragraph
10.1.
Section 12. RETURN OF PROPERTY
12.1. Upon termination of this agreement, the city manager shall
immediately return all city property in her possession or control, including
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July 10, 2003
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. ...,.. a. .z.Y
but not limited to keys, computers, cell phone, pagers, vehicle, documents
and any other property of the city.
Section 13. OTHER TERMS AND CONDITIONS
13.1. Policy. The commission shall fix any other terms and
conditions of employment it may determine from time to time to be
necessary and in the city's best interest relating to the performance of the
city manager, provided that such terms and conditions are compatible with
the provisions of this agreement, Florida <Statutes and any other law, and are
agreed to in writing by the city manager._
13.2. Conflict of interest and ethics. The city manager warrants that:
(a) she does not now have, and that she will not enter into, any contract or
relationship with another person that creates a conflict of interest, as that
term is described in sec. 2 -11.1 of the Miami -Dade County code and the city
conflict of interest and ethics codes (ethics codes), and (b) she has not paid,
or agreed to pay, any person any consideration for the procurement of this
agreement. The city manager represents that she will uphold all the state,
county and any city ethics codes, and the Florida public meeting and public
records laws (Sunshine laws). When in ` doubt, she will seek legal advice
from the city attorney and, or, direction by the city commission.
13.4. Mediation. Any claim or dispute arising out of, or related to,'
this agreement shall be subject to informal mediation as a condition
precedent to the institution of legal or equitable proceedings by either party.
Mediation shall be deemed complete upon either the parties reaching an
agreement or the expiration of 45 days from the date that any party serves a
written request for mediation. Both parties waive the right to arbitration. The
parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in Miami -Dade County, Florida, unless another
location is mutually agreed upon. Agreements reached in mediation` shall be
enforceable as settlement agreements in the Circuit Court for the 11th
Judicial Circuit for the State of Florida.
13.5 Venue. Any action arising under this agreement, including an
action to enforce the agreement, shall be brought in state court in Miami-
Dade County.
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July 10, 2003
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13.8 Construction. In the event a court must interpret any word or
provision of this contract, the word or provision shall not be construed
against either party by reason of drafting or negotiating this contract.
13.9 Notice. Any notice required or provided for in this agreement
shall be 'given to the parties at the addresses provided in the execution of this
agreement:
ATTEST: CITY OF SOUTH MIAMI
6.130 Sunset Drive
Miami, FL 33143
Ronetta Taylor Horace G. Feliu
City Clerk Mayor
APPROVED AS TO FORM:
EARL G. GALLOP
City Attorney
Maria V. Davis
7630 S.W. 64h Court
South Miami, FL 33143
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