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07-22-03CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 22, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date July 29, 2003 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: j A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s)7:00 p.m. 1. Police Department Officer of the Month ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Regular Meeting 6/03/03 - Special Meeting 6/17/03 2. City Manager's Report REGULAR CITY COMMISSION 1 AGENDA - July 22, 2003 South Miami Juba VflJ { i �..f �•ty: F�3 " CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 22, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date July 29, 2003 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: j A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s)7:00 p.m. 1. Police Department Officer of the Month ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Regular Meeting 6/03/03 - Special Meeting 6/17/03 2. City Manager's Report REGULAR CITY COMMISSION 1 AGENDA - July 22, 2003 a. Comparative Salary study on all office, exempt, and executive positions in City (requested by Mayor Feliu) b. Report - summary presentation by Public North End'Traffic Study. (requested by 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT AGENDA professional, of South Miami Works Department on Commissioner McCrea) 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE CITY MANAGER AS SIGNATORY IN CITY BANK ACCOUNTS; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE USE OF GRANT FUNDS IN THE AMOUNT OF $4,384.65; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 0000 -132- .2051, ENTITLED -SAFE NEIGHBORHOOD PARKS ", TO PAY THE REMAINING CLOSING COSTS IN THE ACQUISITION OF THE EAST 1/3 OF THE PROPERTY LOCATED AT 7800 S.W. 59th AVENUE, OTHERWISE KNOWN AS THE "HAMMOCK HOUSE "; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES;. APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF $2,074.49 CHARGING $2,074.49 TO ACCOUNT NO. 1500-514 - 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $534.50; CHARGING '$534.50 TO ACCOUNT NO. 1500 - 514 -3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE3/5 (City Attorney) REGULAR CITY COMMISSION 2 AGENDA - Juiy.22, 2003 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A.,, IN THE AMOUNT OF $2,074.42; CHARGING $2,074.42 TO ACCOUNT NO. 1500- 514 -3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES AND COSTS; APPROVING PAYMENT OF ATTORNEYS'. FEES ,AND COSTS FOR NAGIN GALLOP - FIGUEREDO,, P.A. IN THE AMOUNT OF $16,826.20; CHARGING $1,872.50 TO ACCOUNT NO. 1500- 514 - 3435, REAL PROPERTY/ FORECLOSURE; CHARGING $13,229.99 TO ACCOUNT NO. 1500 -514- .3410, LEGAL SERVICES, NON = RETAINER; CHARGING $753.50 TO ACCOUNT NO. 615- 1910 -521- 3100, PROFESSIONAL SERVICES, FORFEITURES; AND CHARGING $970.21 TO ACCOUNT NO. 1500- 514 -3452; PROVIDING AN EFFECTIVE DATE. 3/5 (City- Attorney) 10 A. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $23,485.95; CHARGING $8,417.50 TO ACCOUNT NO. 1500 -514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $13,796.45 TO ACCOUNT ENO. 1500 -514- 3410, LEGAL SERVICE'S, NON - RETAINER; CHARGING $157.50 TO ACCOUNT- NO. 615 - 1910 -521 -3100, PROFESSIONAL SERVICE'S, FORFEITURES,; AND CHARGING $1,114.50 TO ACCOUNT NO. 1$00 -514- 3452, CODE ,ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney)' ORDINANCE (S) SECOND READING PUBLIC HEARING (S) None RESOLUTION (S) /PUBLIC HEARING (S) None RESOLUTION (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MULTIPURPOSE CENTER; ACCEPTING DONATION OF ALL FITNESS EQUIPMENT FROM SOUTH MIAMI HOSPITAL AS A GIFT TO THE REGULAR CITY COMMISSION 3 AGENDA - July 22, 2003 pT CITY'S PARKS & RECREATION DEPARTMENT TO BE USED IN THE FITNESS CENTER OF THE MULTIPURPOSE CENTER; PROVIDING FOR PROVISIONS SET FORTH BY SOUTH MIAMI HOSPITAL; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN BIDS FOR _A PROPERTY APPRAISAL FOR CITY -OWNED PROPERTY LOCATED AT 5890 SW 69 STREET, ALSO KNOWN AS THE INSPECTION STATION SITE; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION'OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI` -DADE COUNTY; PROVIDING AN 'EFFECTIVE DATE. 3/5 (City Manager) 14. A RESOLUTION OF THE MAYOR AND ,CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T.J. PAVEMENT CORP. FOR BOAT LAUNCH RAMP (SW 65TH AVENUE & SW 68TH STREET) AT AN AMOUNT OF $14,500 TO BE CHARGED TO STORMWATER TRUST FUND, CONTRACTURAL SERVICES ACCOUNT NO. 111 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. (City Manager) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO FILL TWO RECENTLY VACATED POSITIONS, AUTO MECHANIC AND LANDSCAPE MAINTENANCE WORKER II, NOTHWITHSTANDING THE CURRENT HIRING FREEZE; PROVIDING AN EFFECTIVE DATE.3 /5 (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET AUTHORIZING THE CITY MANAGER TO HIRE FOR PARKS AND RECREATION DIRECTOR AND PLANNING DIRECTOR PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 17. A RESOLUTION OF THE ,MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MODIFYING REGULAR CITY COMMISSION AGENDA - July 22, 2003 m RESOLUTION NO. 167 -01 -11315 AND, PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO -YEAR CONTRACT WITH RENEWALS OF THREE - YEARS (ONE YEAR INCREMENTS) WITH STROYNE BROTHERS SOUTH, INC., RELATING TO PROFESSIONAL SERVICES FOR THE COMPREHENSIVE PARKING PROGRAM FOR THE CITY OF SOUTH MIAMI; PROVIDING AN EFFECTIVE DATE 3/5 (City Manager) ORDINANCE (S) FIRST READING (S) 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR AN INCENTIVE FOR EARLY RETIREMENT FOR CERTAIN EMPLOYEES OF THE CITY OF SOUTH MIAMI TO INCLUDE A RULE OF SEVENTY (70), PURCHASE OF PRIOR SERVICE AND AN ADDITIONAL FIVE PERCENT (5 / %) BENEFIT ON RETIREMENT WITHIN A SPECIFIED PERIOD OF TIME;'' PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Vice Mayor Russell) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH" BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,; UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION," COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105,, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A- PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE 'OR SHE WILL NEED A RECORD OF THE PROCEEDINGS,, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 5 AGENDA - July 22, 2003 1 City of South Miami 2 Regular Commission Minutes DIRAFT 3 June 3, 2003 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida, met 8 in regular session on Tuesday, June 3, 2003, beginning at 7:35 9 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell and 14 Commissioners Randy G. Wiscombe, David D. Bethel and Dan McCrea. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Also in attendance were: Acting City Manager Sanford A. Youkilis, City Attorney Earl G. Gallop and City Clerk Ronetta Taylor. B. Invocation: Reverend Russell Harris, Pastor of Mt. Olive Missionary Baptist Church delivered the Invocation. C. Pledge of Allegiance The Pledge of Allegiance was recited in unison. D. Presentation(s) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - April 22, 2003 Moved by Commissioner Bethel, seconded by Commissioner Wiscombe to approve the minutes as presented. There, being no discussion the motion passed by a 5 -0 vote. Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea: Yea Commissioner Bethel: Yea Mayor Feliu: Yea 2. City Manager's Report A. Review of proposed terms and conditions contained in Snapper Creek Annexation Interlocal Agreement (oral report). Administration negotiated a number of issues associated with the conditions the City will take assuming the annexation of Snapper REGULAR CITY COMMISSION 1 MINUTES, —June 3, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Creek, if approved by the voters. The next step in the process is the Budget & Finance Committee meeting scheduled for June 12, 2003. It is anticipated that the Interlocal Agreement will be presented for the Commission's consideration at the next City Commission meeting. Commissioner McCrea shared that the meetings held with County staff to come to an agreement for the Snapper Creek Annexation were very business like, orderly and amicable. B. Re- scheduling of FY 2003 -2004 Budget Workshop; and scheduling of a workshop to receive Budget and Finance Committee's recommendations for FY 2003 -2004 (oral report). The report of the Budget & Finance Committee for FY 2003 -04, will take place at a workshop scheduled on June 12th. Administration's recommendations will be provided at a workshop scheduled for June 17th. Both workshops will be scheduled for 7 :00 p.m. Recommendations to balance this current fiscal year's budget will be provided at the next City Commission meeting. The City Manager's interview sessions will take place on Saturday, June 7th from 8:30 am - 5 :00 p.m. A reception will be held at 7 :'00 p.m. at Best Western of South Miami. The Fourth of July Celebration will take place with a fireworks 'display. 3. City Attorney's Report None PUBLIC REMARKS Mr. David Tucker, Sr._, appeared before the City Commission to express his views about the Mexican Consular Identification Card item on tonight's agenda. Reverend Russell Harris appeared before the City Commission to ask the Commission to consider decreasing the City's Park, & Recreation Summer Youth Program fee from $140.00 to $70.00. Marie Birts - Cooper appeared before the City Commission representing Alliance For Youth's proposed Flea Market venture. John Edward Smith, former Chairperson of the City's Zoning 44 Task Force 'appeared before the City Commission to express concern 45 that the Zoning Task Force will not have quorum to finish its 46 work. He', 'further opined that there appears to be no plan to j 47 advance, the work of the Zoning Task Force before the City 48 Commission. 49 REGULAR CITY COMMISSION 2 MINUTES - June 3, 2003 1 Dick Ward appeared before the City Commission to express his 2 concern with the City's position to not support Alliance For 3 Youth with its efforts in utilizing City Hall's parking lot for a 4 flea market venture. 5 6 Mercedes Asher appeared before the City Commission to 7 comments on the City's Park & Recreation Summer Youth Program 8 participation fee. 9 10 Sharon McCain appeared before the City Commission to ask for 11 the time frame - involved with erecting the Residential Decal 12 Parking signs in her neighborhood. 13 14 CONSENT AGENDA 15 None 16 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 17 18 ORDINANCE NO. 11 -03 -1795 19 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH 'MIAMI, FLORIDA, RELPTING TO THE CITY OF 21 SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20- 22 4.4 ENTITLED "OFF - STREET PARKING REQUIREMENTS," IN 23 ORDER TO CLARIFY AND ADDRESS PROCEDURES AND - CRITERIA 24 FOR APPROVAL OF OFF - STREET PARKING COVENANTS, EASEMENTS 25 OR LONG-TERM + LEASES; PROVIDING, FOR SEVERABILITY; 26 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 27 EFFECTIVE DATE. (13t reading - May 20, 2003) 3/5 28 .(City Manager) 29 30 Moved by Vice Mayor Russell, seconded by Commissioner 31 Bethel` to adopt this Ordinance. 32 33 Due to a request made by Commissioner Wiscombe because of 34 illness, it was moved by Commissioner McCrea, seconded by Vice 35 Mayor' Russell to table this item until after the items 36 requiring'a four /fifths vote were considered. 37 38 There; being no discussion on the tabling of this item, the 39 motion passed by a 5 -0 vote. 40 41 Commissioner Wiscombe: Yea 42 Vice Mayor Russell: Yea 43 Commissioner McCrea Yea 44 Commissioner Bethel: Yea 45 Mayor Feliu: Yea 46 47 After considering those items that required a four /fifths 48 vote, it was moved by Vice Mayor Russell, seconded by 49 Commissioner McCrea to place this item back on the table. REGULAR CITY' COMMISSION 3 MINUTES - Ju'ne ',3, 2003 1 2 There, being no discussion on the motion to place the item 3 back on the table, it passed by a 4 -0 vote. 4 5 Commissioner Wiscombe: Not present 6 Vice Mayor Russell: Yea 7 Commissioner McCrea: Yea 8 Commissioner Bethel: Yea 9 Mayor Feliu: Yea 10 11 12 Mayor Feliu opened the floor for the public hearing. 13 14 * ** *Approximately 1.5 hours into the meeting * * ** 15 16 Mr. Basu explained that the Land Development Code provides 17 for Off- Street Parking for developments that can not provide 18 adequate parking within the site. There are several 19 requirements that must be met in order to qualify for off - 20 street parking site. One of the requirements is a Covenant 21 recorded with Miami Dade County for the off - street parking 22 requirement. This proposal represents a modification to that 23 provision by adding an additional covenant in the form of an 24 easement or long term lease as being satisfactory. The City 25 Commission has the authority to approve the instrument by which 26 the offsite parking is agreed to. 27 28 Mayor Feliu related his understanding that this is a 29 definition /clarification of what instrument the City would 30 accept as the agreement between two parties regarding off - 31 street parking. 32 33 Mr. Basu indicated that this is a legislative process, and 34 will be utilized for every application, and not directed toward 35 any specific site. 36 37 Attorney Gallop further explained that the overall purpose 38 of the amendment is to conform the ordinance to the process of 39 the Planning Department. The covenant will be in the form of a 40 binding, recorded legal document that burdens properties with 41 the long term requirement to provide off - street parking. 42 43 Mayor Feliu opened the floor for the public hearing. 44 45 Attorney John Shubin, representing Cal Rosenbaum appeared 46 before the City Commission and stated that Mr. Rosenbaum has no 47 objections to the amendment, specifically leaving in the 48 requirement that the City Commission retain approval against 49 specific off site parking agreement before it actually gets 50 records and becomes -a legally binding document. REGULAR CITY COMMISSION 4 MINUTES June 3, 2003 1 2 After there were no other interested parties to speak on 3 behalf of this item, the public hearing was closed. 4 5 Commissioner McCrea related that this amendment requires 6 the Commission to approve the form of the off- street parking 7 agreement document, which is not what the Commission needs to 8 do: It makes more sense to direct staff to bring back an 9 ordinance addressing the approval process and not the 10 administrative process: 11 12 Commissioner, McCrea moved to strike the language on page 2, 13 line six. This motion died for a lack of a second. 14 15 At the conclusion of this discussion the motion to adopt 16 the ordinance passed by a 4 -0 vote. 17 18 Commissioner Bethel Yea 19 Vice Mayor Russell: Yea 20 Commissioner McCrea: Yea 21 Commissioner Wiscombe: Not present 22 Mayor Feliu: Yea 23 24 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEPARTMENT 26 REOGANIZATION REVISING ARTICLE II OF THE CODE OF 27 ORDINANCES ENTITLED "DEPARTMENTS ", BY AMENDING SECTION 28 2 -7 PERTAINING TO CODE ENFORCEMENT DIVISION; BY 29 AMENDING SECTION 2 -8 PERTAINING TO CENTRAL PURCHASING 30 AND BY AMENDING SECTION 2 -14 PERTAINING TO A STREET AND 31 LANDSCAPE DIVISION; PROVIDING FOR SEVERABILITY, 32 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1-t 33 Reading May 20, 2003) 3/5 34 (City Manager) 35 36 Moved by Mayor Feliu, seconded by Commissioner Bethel to 37 adopt this Ordinance. 38 39 Acting City Manager Youkilis shared his rationale for 40 bringing this ordinance forward. The important elements of 41 this ordinance would place the Central Services Division under 42 the Finance Department; the Code Enforcement Division would be 43 placed under the City Manager's office and would create a new 44 Division entitled Street and Landscape Division to be placed 45 under the Public Works Department. 46 47 Mayor Feliu opened the floor for,the public hearing. 48 49 Mr. Dick Ward appeared before the City Commission in 50 opposition to this ordinance. REGULAR CITY COMMISSION 5 MINUTES June 3, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Ms. Shirley Huebner appeared before the City Commission in support of the ordinance. Ms. Valerie Newman appeared before the City Commission in opposition to this ordinance. There, being no more interested parties to speak on behalf of this ordinance, the public hearing was closed. Mayor Feliu voiced his opposition to removing the Landscape Division from the Parks & Recreation Department. Vice Mayor Russell too voiced her opposition to the removal of the Landscape Division from the Parks & Recreation Department to the Public Works Department. Commissioner Bethel conveyed his support of the ordinance. Commissioner McCrea also ordinance and the City Manager's At the conclusion of this pass nor did it fail because majority conveyed his support of this recommendations. discussion, the motion did not there was a 2 -2 vote with no Commissioner Wiscombe: Not present Vine Mayor Russell: Nay Commissioner McCrea: Yea Commissioner Bethel: Yea Mayor Feliu: Nay ORDINANCE NO. 12 -03 -1796 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (lst reading - May 20, 2003) 3/5 (City Manager) Moved by Vice Mayor Russell, seconded by Commissioner Bethel to adopt this Ordinance. Acting City Manager Youkilis said this was standard operating procedure allowed by the State Statutes REGULAR CITY COMMISSION MINUTES - June 3, 2003 0 1 Mayor Feliu opened the floor for the public hearing. After 2 there were no interested parties to speak on behalf of this item, 3 the public hearing was closed. 4 5 At the conclusion of this discussion the motion passed by a 6 4 -0 vote. 7 8 Commissioner McCrea: Yea 9 Commissioner Bethel: Yea 10 Commissioner Wiscombe: Not present 11 Vice Mayor Russell: Yea 12 Mayor Feliu: Yea 13 14 ORDINANCE NO. 13 -03 -1797 15 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 17 SOUTH, MIAMI CITY CODE, CREATING SECTION 2 -26.10 18 ENTITLED - PARKING COMMITTEE,- IN ORDER TO CREATE A 19 PARKING COMMITTEE FOR THE CITY OF SOUTH MIAMI; 20 PROVIDING FOR SEVERABI'LITY; PROVIDING FOR ORDINANCES IN 21 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st reading 22 - May 20, 2003) (City Manager) 3/5 23 24 Moved by Vice Mayor Russell, seconded by Commissioner 25 Bethel to adopt this ordinance. 26 27 Mr. Basu said this legislation will create the Parking 28 Committee, which will consist of seven private citizens. The 29 committee would be looking at global policy issues rather than 30 managing parking. This committee will in no way be a substitute 31 for the parking department 32 33 Mayor Felu opened the floor for the public hearing. 34 35 Ms. Sharon McCain appeared before the City Commission to 36 suggest increasing the membership from seven to nine members. 37 38 Ms. Shirley Huebner appeared before the City Commission in 39 support of this ordinance. 40 41 It was moved by Vice Mayor Russell, seconded by 42 Commissioner McCrea to amend the ordinance to allow for the 43 Chair and Vice Chair appointments to be done by the Committee. 44 45 These, being no discussion the motion to amend passed by a 46 4 -0 vote. 47 48 Vice Mayor Russell: Yea 49 Commissioner McCrea: Yea 50 Commissioner Bethel: Yea REGULAR CITY COMMISSION 7 MINUTES - June 3, 2003 1 Commissioner Wiscombe: Not present 2 Mayor Feliu: Yea 3 4 It was moved by Commissioner McCrea, seconded by 5 Commissioner Bethel to change the required quorum to four 6 members. 7 8 There, being no further discussion on this amendment the 9 motion passed by a 3 -1 vote. 10 11 Commissioner Bethel: Yea 12 Commissioner Wiscombe: Not present 13 Vice Mayor Russell: Nay 14 Commissioner McCrea: Yea 15 Mayor Feliu: Yea 16 17 There, being no further discussion on the ordinance as a 18 whole, the motion passed by a 4 -0 vote. 19 20 Commissioner Wiscombe: Not present 21 Vice Mayor Russell: Yea 22 Commissioner McCrea: Yea 23 Commissioner Bethel: Yea 24 Mayor Feliu: Yea 25 26 ORDINANCE NO. 14 -03 -1798 27 8. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, 28 RELATING TO RESIDENTIAL PARKING AMENDING THE SOUTH 29 MIAMI CODE OF ORDINANCES BY CREATION A NEW SECTION 15- 30 99, ENTITLED 'CONTROLLED PARKING RESIDENTIAL AREAS; TO 31 DESIGNATE CONTROLLED PARKING RESIDENTIAL AREAS; 32 PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING 33 CONTROLLED PARKING RESIDENTIAL AREAS PROVIDING 34 PROCEDURE FOR DETERMINING CONTROLLED PARKING 35 RESIDENTIAL AREAS; PROVIDING ISSUANCE OF SPECIAL 36 PARKING PERMTS UPON APPLICATION; PROVIDING PRIVILEDGES 37 AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING 38 PENALTIES; PROVIDING FOR SEVERABILITY ORDINANCES IN 39 CONFLICT; AND AN EFFECTIVE DATE. (1st reading - May 20, 40 2003) (City Manager) 3/5 41 42 Moved by Vice Mayor Russell, seconded by Mayor Feliu to 43 adopt this ordinance. 44 45 Acting City Manager Youkili's said this ordinance provides 46 for the codification of the Residential Parking Decal Program 47 into the Code Book. 48 49 Mayor Feliu opened the floor for the public hearing. REGULAR CITY COMMISSION 8 MINUTES - June 3, 2003 1 There, being no interested parties to speak on behalf of this 2 item, the public hearing was closed. 3 4 At the conclusion of this discussion the motion passed by a 5 4 -0 vote. 6 7 Commissioner McCrea: Yea 8 Commissioner Bethel: Yea 9 Commissioner Wiscombe: Not present 10 Vice Mayor Russell: Yea 11 Mayor Feliu: Yea 12 13 ORDINANCE NO. 15 -03 -1799 14 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND 16 DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING 17 WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF 18 REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 19 8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE 20 (12) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 21 7.6 (B) , AND THE SUSPENSION OF SECTION 20-4.4(G) AND 22 SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, 23 ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. 24 (1St 'reading May 20, 2003) 3/5 25 (Commissioner` Wiscombe) 26 27 Moved by Vice Mayor Russell, seconded by Commissioner 28 Bethel to adopt this ordinance. 29 30 Mr. Basu explained that this is an extension of the 31 moratorium of the parking qualification ordinance which the 32 Commission approved in 1999. 33 34 Mayor Feliu opened the floor for the public hearing. After 35 there were no interested parties to speak on behalf of this 36 item, the public hearing was closed. 37 38 At the conclusion of this discussion the motion to approve 39 passed by a 4 -0 vote. 40 41 Commissioner McCrea: Yea 42 Commissioner Bethel: Yea 43 Commissioner Wiscombe Not present 44 Vice Mayor Russell: Yea 45 Mayor Feliu: Yea 46 47 Please note, the City Commission meeting was recessed at 48 9:17 p.m., and reconvened at 9 :30 p.m. 49 REGULAR CITY COMMISSION 9 MINUTES - June 3, 2003 1 RESOLUTION (S) /PUBLIC HEARING (S) 2 3 10. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A 5 VARIANCE FROM SECTION 20- 3 -.5(E) OF THE LAND DEVELOPMENT 6 CODE TO ALLOW THE FRONTAGE OF A BUILDING SITE TO BE 7 66.67 FEET, WHERE A MINIMUM OF 75 FEET IS REQUIRED, AND 8 TO ALLOW THE NET AREA OF A BUILDING SITE TO BE 9,316 9 SQUARE FEET, WHERE 10,000 SQUARE FEET IS ,REQUIRED, ON 10 PROPERTY WITHIN AN "RS -3" SINGLE- FAMILY RESIDENTIAL USE 11 DISTRICT, LOCATED AT 7230- 7240 SW 63m COURT, SOUTH 12 MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 7, 8, 9, 13 AND 10, BLOCK 2, "SUNSET VILLAS" PLAT BOOK 15, PAGE `42; 14 (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE 15 CONSTRUCTION OF THREE SINGLE - FAMILY RESIDENTIAL 16 DWELLINGS); AND PROVIDING FOR AN EFFECTIVE DATE'. 17 (Deferred from May 20, 2003) 3/5 18 (City Manager) 19 20 Moved by Vice Mayor Russell, seconded by Commissioner Bethel 21 to approve this item. 22 23 Attorney Gallop outlined the process used in this Quasi - 24 Judicial proceeding. He then swore in all participating parties. 25 26 Vice Mayor Russell indicated' that Mr. Jay Beckman had 27 provided a letter, which was distributed to the City Commission. 28 29 Mr. Basu explained the property was previous divided into 30 four lots and owned by four separate individuals.. The applicant 31 is proposing to split the property in three ways, which is less 32 than the 75 feet that is required. This application went before 33 the Planning Board and was denied by a 6 -1 vote. Staff had 34 previously recommended approval. As provided for in the Land 35 Development Code, variances are requested when there is a 36 hardship running with the property. 37 38 Commissioner McCrea asked if neighborhood compatibility was 39 criteria for granting a variance. 40 41 Mr. Basu said this is something the Commission would have to 42 decide. Compatibility is not an essential element for granting a 43 variance.', Traditionally hardships have been the motivating 44 factor for granting a variance.. 45 46 Attorney Gallop further explained that the traditional 47 function of a variance is to grant a development permit under 48 circumstances where the permit would not be allowed, and the 49 objective, of the permit is to advance the improvement of the REGULAR CITY COMMISSION 10 MINUTES June 3, 2003 1 property. Variances are not to be used to change the application 2 of other zoning criteria. 3 4 Mayor -Feliu opened the floor for the public hearing. 5 6 Attorney Vasquez, representing the applicant appeared before 7 the City Commission to expound on the proposed development. He 8 further solicited the Commission's approval of the application. 9 10 Yvonne Beckman appeared before the City Commission in 11 opposition to this application. 12 13 Mr. David Tucker, Sr., appeared before the City Commission 14 to express his views about the application. 15 16 Jay Beckman- appeared before the City Commission in 17 opposition to this application. 18 19 Bob Welsh appeared before the City Commission in opposition 20 to this application. 21 22 Craig Sharer appeared before the City Commission in 23 opposition to this application. 24 25 Mercedes Asher appeared before the City Commission in 26 opposition to this application. 27 28 Eda Harris, appeared before the City Commission in opposition 29 to this application. 30 31 Christopher Knight appeared before the City Commission to 32 express i,his views about this application. He opined that this 33 proposal is an ',approval over what is there now. 34 35 Attorney Vasquez was allowed an opportunity for rebuttal. 36 37 Vice Mayor Russell encouraged the applicant to look at other 38 options. 39 40 At the conclusion of this discussion, the motion to approve 41 failed'' by, a 0 -4 vote. 42 43 Commissioner Wiscombe: Not present 44 Vice Mayor Russell: Nay 45 Commissioner McCrea: Nay 46 Commissioner Bethel: Nay 47 Mayor Feliu: Nay 48 49 RESOLUTION (S) 50 REGULAR CITY COMMISSION MINUTES - June 3, 2003 - �- ��- •�- �--.�- r-.- � _,- ,�.,.. , , � -^--.- ..;. ter. �..._.... -,-.� ,- � : �.,, -.,.._ - ,— ..- .�_-.� . ,— .— ,-�-�- ,tee,,: �- `� --�+, ...,- �- �. --r.:: ,- - 1 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEXICAN 3 NATIONALS; ENDORSING THE MEXICAN CONSULAR 4 IDENTIFICATION CARD; PROVIDING AN EFFECTIVE DATE. 3/5 5 (Mayor Feliu) 6 7 Moved by Mayor Feliu, seconded by Commission to approve this 8 item. 9 10 Commissioner McCrea asked Attorney Gallop if the City's 11 police department would be affected and /or would the City be 12 under any obligations with the passage of this resolution. 13 14 Attorney Gallop said the Mexican Nationals are affected 15 first and foremost. It is designed to be adopted and implemented 16 on a State wide basis. 17 18 Mayors Feliu said a- lthough the City of South Miami did not 19 have a Mexican population, it did have the Mexican Consulate. 20 The whole point is to be able to get fingerprinted and to have 21 identification for those working in this country. He cited the 22 situation that occurred during the aftermath of Hurricane Andrew 23 where many Mexican nationals were not accounted for because of 24 lack oflproper documentation /identification`. This Identification 25 program would also benefit those wishing to open bank accounts. 26 27 Vice Mayor Russell related that other foreign nationals who 28 come to study or work in the United States are allowed to use 29 their passport. She said that she did not understand why this 30 was being done for Mexican Nationals and not for all people. 31 32 Commissioner McCrea opined that this is a State Department 33 issue, and questioned whether the City had any role in this 34 matter. 35 36 Chief Watson related that this is a brand new issue for the 37 South Miami police department. He opined that this matter should 38 be taken up at the state level. The police department is 39 currently bound by the Florida Identification Card and driver's 40 licenses 41 42 Mr. Jorge Lomonaco, Consulate General of Mexico appeared 43 before the City Commission to further expound upon this 44 initiative and to solicit the Commission's support of the Mexican 45 Consular Identification Card. 46 47 At the conclusion of this discussion it was moved by 48 Commissioner McCrea, seconded by Vice Mayor Russell to defer this 49 item to 1! June loth City Commission meeting in order to allow 50 for additional information. REGULAR CITY' COMMISSION 12 MINUTES - June 3, 2003 1 2 There, being no further discussion the motion to defer 3 passed by a 4 -0 vote. 4 5 Vice Mayor Russell: Yea 6 Commissioner McCrea: Yea 7 Commissioner Bethel: Yea 8 Commissioner Wiscombe: Not present 9 Mayor Feliu: Yea 10 11 RESOLUTION NO. 82 -03 -11630 12 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 14 THE CITY MANAGER TO EXECUTE AGREEMENT WITH SERRALTA 15 REBULL SERIG, INC. FOR SNAPPER CREEK DRAINAGE 16 IMPROVEMENTS - PHASE 1 CONSTRUCTION AT AN AMOUNT OF 17 $136,024.50 TO BE CHARGED TO SOUTH FLORIDA WATER 18 MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001-0000-132- 19 2060; PROVIDING FOR AN EFFECTIVE DATE. 3/5 20 (City Manager) 21 22 Moved by Vice Mayor Russell, seconded by Commissioners 23 McCrea and Bethel to approve this item. 24 25 Mr. Balogun explained the scope of work to be completed in 26 the Snapper Creek area. 27 28 At the conclusion of this discussion, the motion to approve 29 passed by a 4 -0 vote. 30 31 Commissioner McCrea: Yea 32 Commissioner Bethel: Yea 33 Commissioner Wiscombe: Not present 34 Vice Mayor Russell: Yea 35 Mayor Feliu: Yea 36 37 RESOLUTION NO. 83- 03- 11631- 38 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 39 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 40 MANAGER' TO EXECUTE CHANGE ORDER WITH T. J. PAVEMENT 41 CORP. FOR THE MULTIPURPOSE CENTER ONSITE & OFFSITE 42 IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $8,714.90 TO 43 BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL 44 PROTECTION GRANT ACCOUNT No. 001 -0000- 132 - 2055; 45 PROVIDING FOR AN EFFECTIVE DATE. 3/5 46 (City Manager) 47 48 Moved by Vice Mayor Russell, seconded by Commissioner Bethel 49 to approve this item. REGULAR CITY COMMISSION 13 MINUTES - June 3, 2003 1 2 Mr. Balogun explained the issues associated with this change 3 order. 4 5 At the conclusion of this discussion the motion to approve 6 passed by a 4 -0 vote 7 8 Commissioner Bethel: Yea 9 Commissioner Wiscombe: Not present 10 Vice Mayor Russell: Yea 11 Commissioner McCrea: Yea 12 Mayor Feliu: Yea 13 14 RESOLUTION NO. 84 -03- 11632 15 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS IN 17 MIAMI DADE COUNTY; SUPPORTING THE ELECTION` REFORM 18 COALITION CITIZENS' PETITION TO THE MIAMI DADE COUNTY 19 COMMISSION TO MODIFY THE BALLOT PROCESS TO ENSURE VOTE 20 INTEGRITY; PROVIDING AN EFFECTIVE DATE. 3/5 21 (Commissioner McCrea) 22 23 Moved by Vice Mayor Russell, seconded by Commissioners 24 Bethel and McCrea to approve this item. 25 26 Commissioner McCrea provided pertinent information with 27 regard to the Election- Reform Coalition and the outstanding 28 work being done by the organization. This petition is calling 29 for integrity in regard to the voting machines, producing paper 30 ballots and to correct voter rolls on a regular basis. 31 32 ** *approximately 3 hours into the meeting * ** 33 34 At the conclusion of this discussion the motion to approve 35 passed by a 4 -0 vote. 36 37 Commissioner Wiscombe: Not present 38 Vice Mayor Russell: Yea 39 Commissioner McCrea: Yea 40 Commissioner Bethel: Yea 41 Mayor Feliu: Yea 42 43 Please note that the following four items were taken out of 44 agenda sequence, but are reflected in proper order as prescribed 45 by the official published agenda for June 3, 2003. 46 47 RESOLUTION NO. 85- 03- 1.1633 48 15. A RESOLUTION OF THE -MAYOR AND CITY COMMISSION OF THE 49 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S REGULAR CITY COMMISSION 14 II' MINUTES - June 3, 2003 1 FEES; APPROVING PAYMENT OF ATTORNEY'S FEES FOR JAMES D. 2 STOKES IN THE AMOUNT OF $1,277.50 FROM THE CASH RESERVE 3 FUND; PROVIDING AN EFFECTIVE DATE 4/5 4 (City Attorney) 5 6 Moved by Vice Mayor Russell, seconded by Commissioner 7 Bethel to approve this item. 8 9 Attorney Gallop explained that this expenditure represents 10 attorney's fees for outside counsel assigned to handle the 11 Petition by supervisors of the police department to become a 12 part of the bargaining unit. 13 14 At the conclusion of this discussion the motion passed by a 15 passed by a 5 -0 vote. 16 17 Commissioner Bethel: Yea 18 Commissioner Wiscombe: Yea 19 Vice Mayor Russell: Yea 20 Commissioner McCrea: Yea 21 Mayor Feliu: Yea 22 23 RESOLUTION NO. 86 -03 -11634 24 16. A`RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 26 FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR 27 GREENBERG TRAURIG P.A., IN THE AMOUNT OF $879.65 FROM 28 THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. 29 (City Attorney) 4/5 30 31 Moved by Vice Mayor Russell, seconded by Commissioner 32 Bethel to approve this item. 33 34 Attorney Gallop explained that this expenditure related the 35 services of outside counsel in the case of the NRA v. City of 36 South Miami for Attorney's fees. The only additional charge 37 anticipated will involve Oral Arguments on' June '2na. 38 39 At the conclusion of this discussion the motion passed by a 40 5 -0 vote. 41 42 Commissioner Wiscombe: Yea 43 Vice Mayor Russell: Yea 44 Commissioner McCrea: Yea 45 Commissioner Bethel: Yea 46 Mayor Feliu: Yea 47 48 RESOLUTION NO. 87 -03- 11635 REGULAR CITY COMMISSION MINUTES - June 3, 2003 15 1 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 3 FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR NAGIN 4 GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $18,543.54 FROM 5 THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. 6 (City Attorney) 4/5 7 8 Moved by Vice Mayor Russell, seconded by Commissioners 9 McCrea and Bethel to approve this item. 10 11 Attorney Gallop provided a brief report on concluded and 12 pending forfeiture matters as well as negotiations with the NUI 13 Agreement. He indicated that there is still pending litigation, 14 including the Bruce and Anduiza matters. 15 16 Vice Mayor Russell asked what were the Complaints filed by 17 Maria Anduiza. 18 19 Attorney: Gallop indicated that Ms. Anduiza's, Complaints 20 involved: 1) EEOC and 2) Whistle Blower Act. 21 22 At the conclusion of this discussion, the motion passed by 23 a 5 -0 vote. 24 25 Vice Mayor Russell: Yea 26 Commissioner McCrea: Yea 27 Commissioner Bethel: Yea 28 Commissioner Wiscombe: Yea 29 Mayor Feliu Yea 30 31 RESOLUTION NO. 88 -03 -11636 32 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 33 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 34 FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN 35 KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF 36 $3,826.80 FROM THE CASH RESERVE FUND; PROVIDING AN 37 EFFECTIVE DATE. 4/5 38 (City Attorney) 39 40 Moved by Vice Mayor Russell, seconded by Commissioner 41 Bethel to approve this item. 42 43 Attorney Gallop explained that these expenditures 44 represented the start up cost associated with the MRP 45 Litigation. There will be some additional charges involved with 46 this matter. 47 REGULAR CITY COMMISSION 16 MINUTES - June 3, 2003 1 Commissioner Wiscombe emphasized that the money being taken 2 from the cash reserve fund must be replaced during the upcoming 3 fiscal year, 4 5 At the conclusion of this discussion, the motion to approve 6 passed by a 5 -0 vote. 7 8 Commissioner McCrea: Yea 9 Commissioner Bethel: Yea 10 Commissioner Wiscombe Yea 11 Vice Mayor Russell: Yea 12 Mayor Feliu: Yea 13 14 At this point, Commissioner Wiscombe left the Commission 15 meeting. The time was 8:10 p.m. 16 17 ORDINANCE (S) FIRST READING (S) 18 19 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENTERING INTO 21 A NON - EXCLUSIVE GAS FRANCHISE AGREEMENT WITH NUI 22 UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC RIGHTS 23 OF WAY OF THE CITY OF SOUTH MIAMI, FLORIDA, AND 24 PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE 25 FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND 26 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 27 AN EFFECTIVE DATE 3/5 28 (City Attorney) 29 30 Moved by Commissioner Bethel, seconded by Commissioner 31 McCrea to approve this item on first reading. 32 33 Attorney Gallop explained that this agreement is a 34 placement of an existing franchise agreement with NUI Utilities, 35 which expired sometime prior. This is a 15 year term agreement 36 with a five year automatic renewal, provision. The prior 37 agreement provided that the City would receive 60 of the gross 38 revenues from the sale of gas within the City of South Miami. 39 This agreement changes that percentage from 6% to 7.5% and also 40 includes within the base of the gross receipts charges to 41 competitors' purchases of bulk gas. 42 43 At the conclusion of this discussion, the motion to approve 44 on first reading the motion passed by a 4 -0 vote. 45 46 Commissioner Bethel: Yea 47 Commissioner Wiscombe: Not present 48 Vice Mayor Russell: Yea 49 Commissioner McCrea: Yea REGULAR CITY COMMISSION 17 MINUTES - June 3, 2003 1 Mayor Feliu: Yea 2 3 COMMISSION- REMARKS 4 5 Each Commission member was afforded an opportunity for 6 comments 7 8 There, being no further business to come before this Body, 9 the meeting adjourned at 11:10 p.m., with Mayor Feliu delivering 10 inspirational parting words. 11 12 Approved: 13 14' Attest: 15 Horace G. Feliu 16 Mayor 17 18 Ronetta Taylor, CMC 19 City Clerk 20 21 22 REGULAR CITY COMMISSION 18 MINUTES - June 3, 2003 1 v 2 3 City of South Miami DRAFT 4 Special"Commission Minutes 5 June. 17, 2003 6 7 CALL TO ORDER 8 9 The City Commission of the City of South Miami, Florida met 10 in Special session on Tuesday, June 17, 2003, beginning at 5:47 11 p.m., in the City Commission Chambers, 6130 Sunset Drive, South 12 Miami, Florida. 13 14 A. Roll Call: 15 The following members of the City Commission were present: 16 Mayor Horace G. Feliu, and Commissioners Dan McCrea, David D. 17 Bethel and Randy G. Wiscombe. Vice Mayor Mary Scott Russell 18 arrived at 5:51 p.m. 19 20 Also in attendance were: Acting City Manager Sanford A. 21 Youkilis, City Attorney Earl G. Gallop and City Clerk Ronetta 22 Taylor. 23 24 B. Invocation: 25 Commissioner Bethel delivered the Invocation. 26 27 C. Pledge of Allegiance: 28 The Pledge of Allegiance was recited in unison. 29 30 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 31 32 ORDINANCE No. 16-03-1800 33 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEPARTMENT 35 REOGANIZATION; REVISING ARTICLE II OF THE CODE OF 36 ORDINANCES ENTITLED "DEPARTMENTS". BY AMENDING SECTION 37 2-7 PERTAINING TO CODE ENFORCEMENT DIVISION; BY 38 AMENDING SECTION 2-8 PERTAINING TO CENTRAL PURCHASING; 39 AND BY AMENDING SECTION 2-14 PERTAINING TO A STREET AND 40 LANDSCAPE DIVISION; PROVIDING FOR SEVERABILITY, 41 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 42 (Commissioner Bethel) 43 44 Moved by Commissioner McCrea, seconded by Vice Mayor Russell 45 and Commissioner Wiscombe to adopt this ordinance. 46 47 Acting City Manager Youkilis explained his rationale for 48 placing this item on the agenda. He emphasized the tremendous 49 benefits and effectiveness of creating a Street and Landscape SPECIAL CITY COMMISSION MINUTES - June 17, 2003 11 1 Division and placing this function under the Public Works 2 Department,. 3 4 Mayor Feliu opened the floor for the public hearing. After 5 there were no interested parties to speak on behalf of this item, 6 the public hearing was closed. 7 8 Mayor Feliu and Vice Mayor Russell voiced opposition to 9 removing the landscape division from under the Parks and 10 Recreation Department. 11 12 Commissioners McCrea, Bethel and Wiscombe conveyed their 13 support of the ordinance and the creation of a Street and 14 Landscape Division under the Public Works Department. 15 16 At the conclusion of this discussion, the motion passed by a 17 3 -2 vote. 18 19 Commissioner Wiscombe: Yea 20 Vice Mayor Russell: Nay 21 Commissioner McCrea: Yea 22 Commissioner Bethel: Yea 23 Mayor Feliu: Nay 24 25 ORDINANCE NO. 17 -03 -1801 26 2. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 27 OF SOUTH MIAMI, FLORIDA, - RELATING TO ENTERING INTO A 28 NON- EXCLUSIVE GAS FRANCHISE AGREEMENT WITH NUI 29 UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC RIGHTS 30 OF WAY OF THE CITY OF SOUTH MIAMI, FLORIDA, AND 31 PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE 32 FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND 33 PROVIDING. FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 34 AN EFFECTIVE DATE. (City Manager) 3/5 35 36 Moved by Commissioner McCrea, seconded by Vice Mayor 37 Russell to adopt this ordinance. 38 39 Attorney Gallop explained the mitigating factors involved 40 with this franchise agreement with NUI. He related that the 41 City would receive 7.50 of the gross receipts instead of the 42 previous amount of 60. In addition, this agreement is for a 15 43 year term with a five year renewal clause, whereas the previous 44 agreement was for a 30 year term. 45 46 Mayor Feliu opened the floor for the public hearing. After 47 there were no interested parties to speak on behalf of this 48 item, the public hearing was closed. 49 50 At the conclusion of this discussion, the motion passed by 51 a 4 -0 vote. 52 53 Vice Mayor Russell: Yea SPECIAL CITY COMMISSION 2 MINUTES- June 17, 2003 - , 1 Commissioner 2 Commissioner 3 Commissioner 4 Mayor Feliu: 5 6 RESOLUTI McCrea: Bethel: Wiscombe: ION(S) Yea Out of room Yea Yea 7 8 RESOLUTION NO. 97 -03- 11646 9 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 10 CITY OF SOUTH MIAMI SELECTING MARIA DAVIS AS CITY 11 MANAGER, AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE 12 AN EMPLOYMENT AGREEMENT INCLUDING SALARY, BENEFITS AND 13 PERFORMANCE EXPECTATIONS WITH THE SELECTED CANDIDATE; 14 SAID AGREEMENT TO BE APPROVED BY THE CITY COMMISSION; 15 PROVIDING AN EFFECTIVE DATE. 3/5 16 (Mayor Feliu) 17 18 Moved by Commissioner McCrea, seconded by Commissioner 19 Wiscombe to approve this item. 20 21 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 22 amend the resolution by inserting the name of Maria Davis. 23 24 There, being no discussion on the amendment, the motion 25 passed by a 5 -0 vote. 26 27 Commissioner McCrea: Yea 28 Commissioner Bethel: Yea 29 Commissioner Wiscombe: Yea 30 Vice Mayor Russell: Yea 31 Mayor Feliu: Yea 32 33 There, being no discussion on the resolution as a whole, 34 the motion passed by a 5 -0 vote. 35 36 Commissioner Bethel: Yea 37 Commissioner Wiscombe: Yea 38 Vice Mayor Russell: Yea 39 Commissioner McCrea: Yea 40 Mayor Feliu: Yea 41 42 Mayor Feliu stated that he wanted to make sure that the 43 background check and all other pertinent in formation was 44 completed. 45 46 Jeanette Navarro, the City's Human Resource Manager said 47 the background check on the finger printing has to come from 48 Washington, D.C. therefore it takes longer than two weeks to get 49 the results. 50 51 Lt. Bruce Ross of the City's Police Department further 52 indicated that the City was still waiting for another law SPECIAL CITY COMMISSION 3 MINUTES - June 17, 2003 1 enforcement agency to respond to the City's inquiry about a 2 situation that occurred in the Pennsylvania area. 3 4 Mayor Feliu thanked Ms. Navarro and Lt. Ross for their 5 reports. He said this is something the City needs to be careful 6 about and certainly that would be a part of any contract. 7 8 Ms. Maria Davis appeared before the City Commission to 9 thank each member for his /her support. She indicated that she 10 was looking forward to working with the elected officials, 11 employees and the residents of the community. She indicated that 12 the Commission had all the information it needed except for her 13 shoe size. She commented that she's never seen a Human Resource 14 Director so thorough. 15 16 Ms Davis was welcomed by all. 17 18 RESOLUTION NO. 98 -0- 11647 19 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 21 MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER 22 DISPLAYS UNLIMITED, INC., FOR THE ANNUAL JULY 4TH 23 CELEBRATION, AND AUTHORIZING THE PURCHASE OF FIREWORKS 24 BY THE PARKS & RECREATION DEPARTMENT FOR A TOTAL PRICE 25 NOT TO EXCEED $8,000.00 (EIGHT THOUSAND DOLLARS), AND 26 PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001- 27 0000 -219- 7500, "4TH OF JULY DONATION ACCOUNT" IN THE 28 AMOUNT OF $3,300.00,; -AND ACCOUNT NUMBER001- 0000 -219- 29 3500, -'PARKS & RECREATION REGULAR DONATION ACCOUNT" IN 30 THE AMOUNT OF $4,700.00; PROVIDING AN EFFECTIVE DATE. 31 (City Manager) 3/5 32 Moved by Commissioner McCrea, seconded by Commissioner 33 Wiscombe to approve this item. 34 35 Maria Stout -Tate explained the type of expenditures that 36 would be involved with this event. She further outlined the 37 activities to take place during the event. 38 39 Commissioner Bethel opined that due to the status of the 40 City's current financial situation, the City should not be 41 expending funds for this event. 42 43 Administration pointed out that the funds to be used for 44 this event were from donation accounts within the Parks & 45 Recreation Department's budget 46 47 At the conclusion of this discussion, the motion passed by 48 a 4 -1 vote. 49 50 Commissioner Bethel Nay 51 Commissioner Wiscombe: Yea 52 Vice Mayor Russell: Yea 53 Commissioner McCrea: Yea SPECIAL CITY COMMISSION 4 MINUTES — June 17, 2003 1 Mayor Feliu: Yea 2 3 RESOLUTION NO. 99 -03 -11648 4 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $8,546.23 7 TO MIAMI BUSINESS TELEPHONE CORP. FOR THE INSTALLATION 8 OF A TELEPHONE PAGING SYSTEM AND RUNNING A FIBER OPTIC 9 CABLE FROM PHASE 1 TO PHASE 2 OF THE MULTIPURPOSE 10 CENTER AND CHARGING THE DISBURSEMENT TO ACCOUNT 001 11 0000- 131.1455 TITLED CDBG / CONSTRUCTION MANAGER AT 12 RISK (MULTIPURPOSE PHASE II). AND PROVIDING FOR AN 13 EFFECTIVE DATE. (City Manager) 3/5 14 15 Moved by Commissioner McCrea, seconded by Vice Mayor 16 Russell to approve this item. 17 18 Kathy Vasquez., the City's Central Services Director 19 appeared before the City Commission and explained that this 20 legislation would provide for a paging telephone system at the 21 Multipurpose Center,. She opined that the City would, in the 22 long run, realize a tremendous savings by purchasing this 23 equipment now. This will also complete all of the telephone 24 cabling and installation for the Multipurpose Center, Phase II. 25 In addition the grant funding for this project will run out at 26 the end of the month. 27 28 At the conclusion of this discussion, the motion passed by 29 a 5 -0 vote. 30 31 Commissioner Wiscombe Yea 32 Vice Mayor Russell: Yea 33 Commissioner McCrea: Yea 34 Commissioner Bethel: Yea 35 Mayor Feliu: Yea 36 37 RESOLUTION NO. 100 -03 -11649 38 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 39 CITY OF SOUTH MIAMI RELATED TO SNAPPER CREEK ANNEXATION 40 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL 41 AGREEMENT BETWEEN THE CITY AND Miami DADE COUNTY FOR 42 THE PURPOSE OF IMPLEMENTING THE SNAPPER CREEK 43 ANNEXATION; PROVIDING AN EFFECTIVE DATE. 3/5 44 (City Manager) 45 46 Moved by Commissioner McCrea, seconded by Vice Mayor Russell 47 and Commissioner Wiscombe to approve this item. 48 49 Acting City Manager Youkilis referred to several documents 50 he'd previously provided to the City Commission in regard to this 51 matter. The first document referenced was a Miami -Dade County SPECIAL CITY COMMISSION 5 MINUTES —June 17, 2003 1 ordinance, which outlined the boundary change. on page six of 2 the document, Miami -Dade County included language requested by 3 the City that if future amendments to Miami -Dade County Code, in 4 regard to Franchise Utility Taxes, in favor of allowing those 5 taxes to go to municipalities, the City of South Miami's 6 agreement would be changed to accommodate this purpose. Page 7 eight of the document referenced the obligations of the City and 8 the City's obligation to. pay a Mitigation fee, which shall be 9 paid by April 1, 2005. The agreement also provides that Miami - 10 Dade County Supervisor of Election shall send out the mail in 11 ballot ten days before the election, which is scheduled for 12 September 16, 2003. 13 14 Mayor Feliu opined that people need to understand that they 15 will be paying more taxes in Miami -Dade County as more and more 16 cities become incorporated. 17 18 Vice Mayor Russell indicated that she did not see the 19 provision which addressed Miami -Dade County's action and the 20 City's safeguards, if the unincorporated population dropped to 21 500,000 or below. 22 23 Acting Manager Youkilis said that Miami Dade County was not 24 putting that provision into the document. 25 26 Attorney Gallop explained that Miami Dade County, has in the 27 past, had language that Vice Mayor Russell referred to in new 28 incorporation documents. 29 30 Vice Mayor Russell related that she was uncomfortable with 31 this item because she did not see the level of protection from 32 the Mitigation and CDI fees in this agreement, which she was lead 33 previously to believe would exist. 34 35 Commissioner McCrea opined that the question is whether the 36 City has negotiated the best deal that can be done at this time, 37 for South Miami. He conveyed his opinion that this deal in its 38 present form is good for the City, the Snapper Creek area and 39 Miami Dade County. He conveyed his confidence that in future 40 years the terms of this deal will improve. 41 42 Vice Mayor Russell- asked Attorney Gallop for his opinion on 43 this matter. 44 45 Attorney Gallop said that he was confident that the City 46 made the best deal it possible could on this. He said that he 47 was not happy that the City is one of three cities exposed to CDI 48 Mitigation. The other two cities are Medley and North Miami. In 49 addition to the CDI Mitigation money, the County is also charging 50 electric franchise fee and utility tax money as well. He opined 51 the County is getting a substantial amount for this but the City 52 is, getting a substantial amount as well. He related that the City 53 is! ithe first municipality to have the provision that if the 54 totals change for any other city and that city gets a better deal SPECIAL CITY COMMISSION 6 MINUITES - June 17, 2003 1 than South Miami, then South Miami gets the better deal. This 2 comes late into the negotiations but it provides protection for 3 the City, when dealing with fees. This provision is not however a 4 part of the ordinance. 5 6 Vice Mayor Russell indicated that she was against paying the 7 mitigation fee. 8 9 At the conclusion of this discussion, the motion to approve 10 passed by a 4 -1 vote. 11 12 Vice Mayor Russell: Nay 13 - Commissioner McCrea: Yea 14 Commissioner Bethel: Yea 15 Commissioner Wiscombe: Yea 16 Mayor Feliu: Yea 17 18 RESOLUTION NO. 101 -03 -11650 19 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH Miami DIRECTING THE CITY MANAGER TO 21 INITATE A COMPARATIVE SALARY STUDY ON ALL NON- UNION, 22 EXEMPT AND EXECUTIVE POSITIONS WORKING IN THE CITY OF 23 SOUTH MIAMI AND REQUESTING THE RESULTS TO BE PRESENTED 24 TO THE CITY COMMISSION AT ITS FIRST MEETING IN JULY; 25 PROVIDING AN EFFECTIVE DATE. 3/5 26 (Mayor Feliu) 27 28 Moved by Commissioner McCrea, seconded by Commissioner 29 Wiscombe to approve this item. 30 31 Mayor Feliu explained that he'd sponsored this resolution 32 basically to have a reality check with other municipalities with 33 similar populations. This issue was also recommended by the 34 Budget and Finance Committee. 35 36 Commissioner McCrea voiced his support and shared that Miami 37 Dade County is doing a similar review. 38 39 Moved by Vice Mayor Russell, seconded by Commissioner 40 Wiscombe to amend Section 1 of the resolution by inserting the 41 words "using Cities of comparative size. 42 43 These, being no discussion ,on the amendment the motion 44 passed by a 5 -0 vote 45 46 Commissioner Wiscombe: Yea 47 Vice Mayor Russell: Yea 48 Commissioner McCrea: Yea 49 Commissioner Bethel: Yea 50 Mayor Feliu: Yea 51 52 At the conclusion of this discussion the motion to approve 53 the resolution as a whole passed by a 5 -0 vote. SPECIAL CITY COMMISSION 7 MINUTES June 17, 2003 1 2 Commissioner McCrea: Yea 3 Commissioner Bethel: Yea 4 Commissioner Wiscombe: Yea 5 Vice Mayor Russell Yea 6 Mayor Feliu: Yea 7 8 RESOLUTION NO. 102 -03- 11651 9 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 10 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 11 COMMITTEES; APPOINTING SHIRLEY HUEBNER, ALFONSO J. 12 PEREZ, JAY BECKMAN, ROSEMARY MANN, MIKE MALOR, ALBERT 13 S. ELIAS, AND ALEX ABRIL TO THE PARKING COMMITTEE FOR 14 TWO YEARS TERMS ENDING JUNE 17, 2005 OR UNTIL 15 SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING 16 AN EFFECTIVE DATE. (Mayor Feliu) 3/5 17 18 Moved by Commissioner Wiscombe, seconded by Commissioner 19 Bethel to approve this item. 20 21 Vice Mayor Russell shared that she's received phone calls 22 from a couple of citizens wanting to sit on this committee. She 23 asked if an amendment had been offered to increase the 24 membership of the Committee. 25 26 Mayor Feliu indicated that discussion was held about 27 increasing the membership, with no action taken. 28 29 Commissioner McCrea questioned why Sharon McCain and David 30 Silver were not being appointed. He opined that both were 31 willing to serve and have a; lot to offer. He said that he would 32 have preferred to see both those names remain on the list. He 33 expressed concern with the appointment of Mr. Elias, given the 34 City's history with him and his involvement with MRP. 35 36 Mayor Feliu indicated that Mr. Elias is completely out of 37 the picture and has nothing to do with the negotiations with 38 MRP. He said that Mr. Elias is a property owner and fits the 39 criteria for that. He opined that this is a comprehensive 40 committee that represents the entire City therefore 41 representation from the west side of US One is essential. He 42 shared that Ms. McCain's area is in close proximity to Ms. 43 Huebner.and Mr. Abril's business is very close to Mr. Silver's, 44 therefore their concerns and input could be shared with those 45 members. 46 47 Commissioner McCrea shared that he could not support the 48 resolution with the current list of appointees and asked that it 49 be taken back for further consideration. 50 51 Moved by Commissioner McCrea, seconded by Vice Mayor 52 Russell to defer this item. 53 SPECIAL CITY COMMISSION 8 MINUTES - June 17, 2003 1 There, being no further discussion, the motion to defer 2 failed by a 2 -3 vote. 3 4 Commissioner Wiscombe Nay 5 Vice Mayor Russell: Yea 6 Commissioner McCrea: Yea 7 Commissioner Bethel: Nay 8 Mayor Feliu: Nay 9 10 At the conclusion of this discussion the motion to approve 11 passed by a 3 -2 vote. 12 13 Commissioner Bethel: Yea 14 Commissioner Wiscombe: Yea 15 Vice Mayor Russell: Nay 16 Commissioner McCrea: Nay 17 Mayor Feliu: Yea 18 19 RESOLUTION NO. 103 -03 -11652 20 9. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF 21 THE CITY OF SOUTH MIAMI APPROVING A PROFESSIONAL 22 SERVICES FEE OF NOT TO EXCEED.$20,000 (TWENTY THOUSAND) 23 FOR MCHARRY & ASSOCIATES FOR UPDATING THE MURRAY PARK 24 MASTER PLAN AND TO PREPARE PRELIMINARY DESIGN AND COST 25 ESTIMATES FOR THE MURRAY PARK POOL, AUTHORIZING THE 26 DIRECTOR TO DISBURSE SAID FUNDS FROM jACCOUNT!'NUMBER 27 001 - 0000 - 115- 70 -43, ENTITLED OCED POOL DESIGN; AND 28 PROVIDING FOR AN EFFECTIVE DATE. 3/5 29 (City Manager) 30 31 Moved by Commissioner Wiscombe, seconded by Commissioner 32 Bethel to approve this item. 33 34 Mr. Basu explained that the Master Plan that was completed 35 a few years prior needs to be update to include the relocation 36 of the pool. In addition, the City solicited funds from OCED 37 through Commissioner Morales' office to do something with the 38 design phase. 39 40 At the conclusion of this discussion, the motion to approve 41 passed by a 4 -0 vote. 42 43 Commissioner Wiscombe: Yea 44 Vice Mayor Russell: Yea 45 Commissioner McCrea: Out of room 46 Commissioner Bethel Yea 47 Mayor Feliu: Yea 48 49 RESOLUTION NO. 104 -03 -11653 50 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 51 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PAYMENT OF 52 2001 AD VALOREM TAXES IN THE AMOUNT OF $7,441.85 FOR 53 THE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE (ALSO SPECIAL CITY COMMISSION 9 MINUTES - June 17, 2003 1 KNOWN AS THE HAMMOCK HOUSE) ; CHARGING ACCOUNT NUMBER 2 001- 2100 - 519 -9920, ENTITLED "GENERAL CONTINGENCY "; AND 3 PROVIDING AN EFFECTIVE DATE. 4 (City Manager) 4/5 5 6 Moved by Commissioner Bethel, seconded by Commissioner 7 Wiscombe to approve this item. 8 9 Acting City Manager Youkilis said this is part of an 10 existing purchase agreement, to pay the taxes. The money to pay 11 the taxes is kept in a contingency fund. The taxes would be paid 12 at the time of the closing. 13 14 At the conclusion of this discussion the motion to approve 15 passed by a 5 -0 vote 16 17 Vice Mayor _Russell; Yea 18 Commissioner McCrea: Yea 19 Commissioner Bethel: Yea 20 Commissioner Wiscombe: Yea 21 Mayor Feliu: Yea 22 23 Adjournment: 24 There being no further business to come before this Body, 25 the meeting adjourned at 6:57 p.m. 26 27 Approved: 28 Attest: 29 30 31 Horace G. Feliu 32 Mayor 33 34 Ronetta Taylor, CMC 35 City Clerk 36 37 SPECIAL CITY COMMISSION 10 MINUTES - June 17,2003 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM City Manager's Office South Miami w 2001 TO: Honorable Mayor, Vice Mayor DATE: July 22, 2003 & City Commission e FROM: Maria V. Davis Item No. 2A. City Manager Comparative Salary Study Pursuant to the Commission's request, staff conducted a salary survey of non- union, exempt and executive classifications. The criteria utilized to prepare the attached survey consisted of City population and operating budgets comparable to the City of South Miami. Unfortunately, several Cities throughout Miami -Dade County that met said criteria failed to respond to staff's requests for information. Therefore, alternate Cities were included in the survey, such as Aventura, Pinecrest and Homestead. It is crucial for the Commission to recognize that the attached survey should not be used as an accurate reflection of comparable position salaries. In order to obtain a truly accurate salary 'survey, a very comprehensive study of classifications and duties per position would be required. Perhaps this is an initiative that could be accomplished by the Budget and Finance Committee. SO m 0 c o 11M 0 0 +, R9 x R O a r` O ° `G o w o r � '+'-t g M ONO R N R R R N R R t� m m M c O d C. O' N G c c c c c c c 0) Co C O O O c c c O C C c O. O° O OOf N 00! 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W o o w C o V to U 2 m -a O U) (D 8 (n C °o °o = 4 m U o IL -6 o a. ) N U 0 O C LL .� n E C to C w o m w m 3 E a) v e c c Q c r _ g N .� O �•- O c p�O N d U E m E O n n (A cc U i E '� E U: C � E 'N a) F p� 8 7. .= N.. E O) ® 41 U. i�•' o a) 'O. O- O) o�� 7. O) a m a,= 7 O c) W rX'¢ a s e, U ¢ O) a m N 0 N ¢ O 8 "¢' "� U a¢ e5 U w¢ re9 0 v m i `X. O 00 0 {p A O L m Q m 1° ° Q °o z °o °o °o z a o 0 0 0 uoi a °a w ' '$ M K to a a g g a g a z z z z z z z ` 0 c _ M a c t6 o ci R 'o Sz`zzmzz t°_ ° 3 M N cq R 0 M o a a a a a `z2zzzz ea` Q = of a g a0 •� tt 01- M r M tF 01 !0 00 x. M M M M M w w , C?, 7 • 0 1 : D1 r 1 ai o CL w w to y O N A Cfm k tM D o tCM l IL n aN v Ne 10' O W V V Im as o 2 7'. c O O N .� c O U = l6 a p CL U t06 fn O _3 L m O M d .� c •Z o m d - c w R cn c mc Q'm c fA m w O" C a c ci i TO Maria V. Davis City Manager CITY OF SOUTH MIAMI South Miami krand Aid- nmefleacft Excellence, Integrity, Inclusion 1 r I �® 2001 FROM: W. Ajibola Balogun Public Works Director DATE: July 16, 2003 ITEM No. 0? is RE: North -end Traffic Study Presentation of finding and report. Following the City Commission's approval to perform traffic study within the north -end area of the city, along with our consultants, we met with the residents on May 5, 2003 to discuss the traffic concerns from the residents' perspective (Data Collection process). A follow -up meeting was held on Wednesday, June 25, 2003 from 5 :30pm to 7:00pm. During the meeting, the consultant's findings and recommendations were discussed. The residents were satisfied with recommended traffic calming devices and the proposed location with the study area. As indicated in the project's timeline, we are ready to present the draft report, analysis and recommendation to the City Commission before finalizing the report. Attached are: ❑ Draft report ❑ Attendance Sheet from the first community meeting ❑ Notice of the second community meeting. ❑ Map of the study area. Should you have any questions or comments, please do not hesitate to contact me. END OF MEMORANDUM F OUT O O� 71 v • INCORPORATED • 1917 �r 0 R I Northside Traffic Plan Traffic Study Meeting The first phase of the Northside Traffic Study, which included data collection and analysis, has been completed. A meeting to discuss these results and analyze proposed recommendations is scheduled for Wednesday June 25, 2003 from 5:30 PM to 7:00 PM at the City of South Miami. Commission Chambers located at 6130 Sunset Drive. Please plan on attending this meeting. Your input is vital towards finding appropriate solutions to deal with the traffic problems throughout your neighborhood. For more information, please contact the City of South Miami Public Works Department - Engineering and Construction Division at (305) 668 - 7354. m o, N 3. � : 11 I CAl 195473 2 247 KIRLEY HORN 7e o fl, 3 A3 2a, 20 CITY U- SLIU I H MIAMI. rn 7,1 A) S Q 5� GGZ' Go 44-5- M tF P,40. Z 7a e2-,. 0.- 06/07/03 WED 08:16 ITX/RX 140 80141 Northside Traffic Prepared by CM114 k Associates, { Y l h 7 711771 i Prepared by CM114 k Associates, TABLE OF CONTENTS INTRODUCTION............................................................................................. ..............................1 STAKEHOLDER KICK -OFF MEETING ....................................................... ............................... 3 THE NORTHSIDE CHARRETTE .................................................................. ............................... 4 DATACOLLECTION ..................................................................................... ............................... 5 DATAANALYSIS ...........................................................:.............................. ............................... 6 TrafficVolumes ............................................................................................ ............................... 6 SpeedAnalysis .............................................................................................. ............................... 7 CapacityAnalysis ......................................................................................... ............................... 9 CrashAnalysis .............................................................................................. .............................10 Conclusions.....................................................................:........................... ............................... 11 TRAFFICCALMING ...................................................................................... ...:.........................12 ConceptualPlan ............................................................................................ .............................12 Recommended Traffic Calming Improvements ............................................ .............................14 Neighborhood Traffic Circles ................................................................... .............................14 RaisedIntersections .................................................................................. .............................14 Chicane..................................................................................................... .............................15 RaisedMedians ....................................................................................... ............................... 15 Roundabout............................................................................................. ............................... 16 Intersection Modifications ........................................................................ .............................16 CONCLUSION................................................................................................. .............................17 Appendix A: Meeting Attendance List Appendix B: Traffic Data Appendix C: Crash Reports Appendix D: Highway Capacity Software Outputs Appendix E: SIDRA Software Outputs Northside Traffic Plan 11 July 2003 G: \04081814 \Report\Draft Report.doc LIST OF FIGURES Figure 1: Study Location Map .......................................................................... ............................... 1 Figure 2: Aerial View of Study Area ................................................................ ............................... 2 Figure 3: Traffic Calming Conceptual Plan .................................................... ............................... 13 LIST OF TABLES Table 1: Summary of Traffic Volumes in the Northside Neighborhood .......... ............................... 6 Table 2: Summary of Speed Measurements ..................................................... ............................... 8 Table 3: Peak Hour Level of Service on Residential Collector Roadways ...... ............................... 9 Table 4: Peak Hour Intersection Level of Service ............................................ .............................10 Table5 Crash Summary ................................................................................ ............................... 11 Northside Traffic Plan 111 July 2003 INTRODUCTION The City of South Miami retained Kimley -Horn and Associates, Inc., to develop a traffic plan for the Northside Neighborhood. The study area is bound by SW 67th Avenue (Ludlam Road) on the west, SW 57th Avenue (Red Road) on the east, SW 40th Street (Bird Road) on the north, and SW 56th Street (Miller Drive) on the south. Patches of this neighborhood are within the City of South Miami, while approximately two - thirds of this neighborhood is within Unincorporated Miami - Dade County. Since traffic issues impacting the neighborhood cross political boundaries, this plan will assess and develop recommendations for the neighborhood as a whole regardless of political jurisdiction. Figure 1 illustrates the location and limits of the study area, and Figure 2 presents an aerial view of the study area illustrating the predominantly single - family residential character of the neighborhood. The objective of the study is to develop a traffic management plan to address issues that are impacting the neighborhood's livability including cut - through traffic, speeding, and safety. This study includes meetings with area stakeholders, a review of an earlier planning effort, data collection, data analysis, and a conceptual improvement plan. Figure l: Study Location Map Northside Traffic Plan 1 July 2003 P11 Oid •) - Yfi C41c N isltV F• 47R ,y j _ � 'y s ` 3'.k 4Hrr I" i 41- t Ter FA ...- o- ' m Ch a df -h IlE P u� je rld "1111. 13t . - a v ut31� 41x1 Rf nnI x.r 3t� X1 6 r '' @1111 7,t u L 1 A - ul s e q arstii w G r `` T'arfti " I vN r_rr 1 SOUIh NYlSf a t RJR — V, c» xA'. t 1 = • � ,x �a-n Northside Traffic Plan 1 July 2003 ;, �� �. °'� a �� c� �, a�tyt *� �� r� �h3 �s� e°" 4 "� �z"`j•.�� !W �' `��xx�R �,� � � r �� ,� �� .'��', � +. J r'zw• � p y y st" i El . ve pp r qA ,r r o a .c w AS ea Zw gr b a t r z r r�. ir 1w x s s ,t �g dy w .1` +�vd STAKEHOLDER KICK -OFF MEETING A stakeholder kick -off meeting for the Northside Traffic Plan was held at the South Miami City Hall on May 5, 2003. The meeting attendance list is included in Appendix A. The purpose of this meeting was to identify pertinent traffic issues at the outset that should be examined in the study. These issues are summarized below. • Cut - through traffic is a problem during both the morning and afternoon peak hours. Cut - through traffic uses SW 44`h Street, SW 63rd Avenue, and SW 62nd Court to avoid congestion on Bird Road. • 4 -way stops should be considered along SW 63rd Avenue and SW 62nd Court. Specific intersections where 4 -way stops should be considered include SW 44th Street and SW 62nd Court, SW 42nd Terrace and SW 63rd Avenue, and SW 42nd Terrace and SW 62nd Court. Temporary stop signs should be considered while the study is being completed. • The traffic control at SW 44"' Street and SW 62nd Court should be assessed. • A major problem in the neighborhood is vehicles parking on sidewalks and blocking pedestrians from using the facilities. • Safety issues should be identified up front and addressed first. • The intersection of SW 42nd Terrace and SW 62nd Court should be realigned and a park should be developed. • Accidents and high speeds are a concern on SW 62nd Avenue. • Aesthetics should be considered as part of recommended improvements. • Law enforcement officers often are seen on weekdays, but rarely ever are seen on weekends. The traffic concerns identified in this initial meeting provided direction on the locations where traffic data should be collected. Northside Traffic Plan 3 July 2003 Ia \ >. F 1 THE NORTHSIDE CHARRETTE The Northside Charrette was held in June 2000 to form a consensus on how best to shape the future of the Northside Neighborhood. The charrette's study area consisted of the square mile as this study and was also bound by Ludlam Road on the west, Red Road on the east, Bird Road on the north, and Miller Drive on the south. Broad suggestions developed in the charrette included the following. • Encourage pedestrian - friendly, mixed -use development • Promote pleasant walking and cycling experiences • Traffic calming options • Promote opportunities to develop public space at the YMCA and Coral Lake The Northside Charrette Final Report was reviewed as one of the initial steps in this study and traffic- related options were identified for further consideration. In particular, the following locations were identified as candidates for traffic calming improvements. • SW 481h Street (Blue Road) and SW 62nd Avenue • SW 42nd Terrace and SW 62nd Court • SW 42nd Terrace and SW 64th Avenue • SW 44th Street and SW 64th Avenue • SW 52nd Terrace and SW 64t1' Avenue • SW 581h Avenue and SW 481h Street • SW 62nd Avenue between Miller Drive and Bird Road Additionally, The Northside Charrette Final Report discouraged the use of stop signs as traffic calming devices. Northside Traffic Plan 4 July 2003 F1 DATA COLLECTION Traffic data were collected to measure the existing traffic conditions at several locations within the Northside Neighborhood. The traffic data collection effort included volume counts to help quantify the level of cut - through traffic on local streets, speed surveys, and peak hour turning movement counts at two intersections. The locations where traffic data were collected are listed below and the traffic data is included in Appendix B. 24 -Hour (One -Day) Volume and Sneed Counts: • SW 64`h Avenue north of Miller Drive • SW 64`h Avenue south of Bird Road • SW 63rd Avenue south of Bird Road • SW 62nd Court south of Bird Road • SW 62nd Avenue south of Bird Road • SW 60`h Place south of Bird Road • SW 44th Street east of Ludlam Road • SW 48d` Street (Blue Road) east of Ludlam Road AM (7:00 to 9:00) and PM (4:00 to 6:00) Peak Period Turning Movement Counts: • Blue Road and SW 62nd Avenue • Blue Road and Red Road Additionally, the City of South Miami furnished traffic crash reports for the study area from 2001, 2002, and January and February of 2003. Relevant crash reports are provided in Appendix C. Northside Traffic Plan 5 July 2003 DATA ANALYSIS Traffic data were evaluated to assess the existing traffic conditions in the Northside Neighborhood and determine if livability thresholds are being exceeded. Capacity analyses were performed to determine the level of service on the residential collector roadways and intersections where traffic data were collected. Crash reports were reviewed to determine the incident of crashes and the causes of the accidents within the Northside Neighborhood. Traffic Volumes The Miami -Dade Neighborhood Traffic Management Program provides guidelines for when the livability of residential streets are compromised. For residential local streets volumes should not exceed 1,500 vehicles per day or 150 vehicles in the peak hour; for residential collector streets volumes should not exceed 3,000 vehicles per day or 300 vehicles in the peak hour. Table 1 summarizes the traffic volumes collected in the Northside Neighborhood and compares these volumes to the livability thresholds. Table 1: Summary of Traffic Volumes in the Northside Neighborhood Location Roadway Classification 1 Average Daily Traffic Volume" Peak Hour Traffic Volume Exceeds Livability Threshold ?2' SW 64 Avenue north of Miller Drive Local 838 91 No SW 64th Avenue south of Bird Road Local 4553 71 No SW 63rd Avenue south of Bird Road Local 3153 45 No SW 62nd Court south of Bird Road Local 544 90 No SW 62nd Avenue south of Bird Road Collector 6,697 654 Yes SW 60th Place south of Bird Road Local 752 84 No SW 44th Street east of Ludlam Road Local 3863 38 No Blue Road east of Ludlam Road Collector 6,8583 809 Yes Notes: (1) Roadway classification listed in City of South Miami Comprehensive Plan (2) Daily and peak hour volume thresholds established in the Miami -Dade Neighborhood Traffic Management Program (3) Traffic volumes were only collected from 8:45 AM to 5:30 PM because the traffic count machines malfunctioned Northside Traffic Plan 6 July 2003 "11 Based on the criteria specified in the Miami -Dade Neighborhood Traffic Management Program, traffic volumes on two streets exceed livability thresholds: • SW 62nd Avenue between Miller Drive and Bird Road • SW 48th Street (Blue Road) between Ludlam Road and Red Road The City of South Miami Comprehensive Plan classifies these two facilities as residential collectors. Although residential collectors typically carry higher volumes of traffic than residential local streets, these facilities are intended to carry moderately low traffic volumes. Residential collectors primarily serve to channelize traffic from local streets within residential neighborhoods to the arterial network; residential collectors are not intended to serve long trips passing through the local neighborhood without origins or destinations within the neighborhood. Long trips passing through the area should be accommodated on the arterial network which includes such facilities as Bird Road and Red Road. Speed Analysis The vehicular speed chosen by a driver may be influenced by several factors such as weather, lighting, vehicle density, vehicle mix, roadway geometry, adjacent land use, and the driver's familiarity with the road. A driver's choice of speed is usually a balance between expedience and safety, and is often a subconscious decision. Most drivers will drive at the maximum rate of speed that they believe they can safely operate their vehicle. Speed measurements were collected at the locations in the Northside Neighborhood where the traffic volume counts were collected. The purpose of collecting the speed measurements was to determine the magnitude of vehicle speeds within the neighborhood. The 85th percentile speed is often used as a measure of the upper limit of "reasonable" speeds for the prevailing conditions. The 50th percentile speed is the average speed traveled by motorists. The 85th and 50th percentile speeds were calculated for several locations within the Northside Neighborhood and are summarized in Table 2. Northside Traffic Plan % July 2003 MEMO � R . Table 2: Summary of Speed Measurements Location Date Posted Speed (mph) Average Speed (mph) 85th percentile Speed Sp Sp h) SW 64t1i Avenue north of Miller Drive 05/14/03 05/15/03 30 30 30.73' 30.52 37.15' 37.12 SW 641" Avenue south of Bird Road 11 05/14/03 30 27.181 34.921 SW 63`d Avenue south of Bird Road 05/14/03 30 28.03' 34.73' SW 62nd Court south of Bird Road 05114103 30 25.89' 32.691 05/15/03 30 26.06 32.38 SW 62nd Avenue south of Bird Road 05/14/03 30 32.56' 38.201 05/15/03 30 32.95 38.45 SW 60t`' Place south of Bird Road 05/14/03 30 29.35' 35.83' 05115103 30 28.94 37.13 SW 44th Street east of Ludlam Road ` 05/14/03 30 27.501 32.901 Blue Road east of Ludlam Road 05/14/03 30 34.37' 38.96` 05/15/03 30 34.47 40.12 Note: (1) = Speed survey does not represent entire 24 -hour period The speed measurements demonstrate that the average speeds traveled by motorists on the residential streets in the Northside Neighborhood are generally near the 30 miles per hour (mph) speed limit. However, an evaluation of the 85th percentile speeds demonstrates that some motorists travel well in excess of the speed limit. The 85t" percentile speed data demonstrate that motorists are comfortable operating their vehicles well above the speed limit with the current roadway environment. Additionally, the 30 mph speed limit is not appropriate for the residential local streets in the Northside Neighborhood. Many localities have adopted lower speed limits for residential local streets to provide a better balance between motorized and non - motorized travel modes and enhance the livability of their residential neighborhoods. If lower speed limits are desired for the residential local streets in the Northside Neighborhood, the need for traffic calming measures to reduce the speeds at which motorists are comfortable driving will be further exacerbated. Northside Traffic Plan 8 July 2003 X,. . . Capacity Analysis Capacity analyses were performed to determine the level of service on the residential collector roadways and intersections where traffic data were collected. The purpose of the analysis was to ascertain if capacity deficiencies on these facilities could potentially increase the magnitude of cut through traffic on residential local streets. Levels of service were determined for the residential collector roadways based on the maximum flow rates provided in FDOT's 2002 Quality /Level of Service Handbook, which provides generalized level of service tables. The analyses relied upon "Table 44" from FDOT's 2002 Quality /Level of Service Handbook, which provides peak hour volume thresholds. Level of service analysis was also performed for several major intersections. The intersection levels of service were determined using the Highway Capacity Software (HCS) 2000, which is based upon methodologies outlined in the Highway Capacity Manual, 2000 Edition. Table 3 presents the results of the level of service analysis for the residential collector roadways in the study area. The A.M. and P.M. peak hours were analyzed. Table 3: Peak Hour Level of Service on Residential Collector Roadways Notes: (1) Peak hour volume collected on May 15, 2003. (2) Peak hour volumes correspond to the average volume on May 14 and 15, 2003. Results of the level of service analysis demonstrate that both SW 62 rid Avenue and Blue Road operate at LOS D during both the A.M. and P.M. peak hours. Although LOS D is generally considered an acceptable level of service, the findings indicate that traffic volumes are approaching capacity on these roadways. If the level of service deteriorates further on these residential collector roadways, cut - through traffic will likely increase on the residential local streets in the Northside Neighborhood. Northside Traffic Plan 9 July 2003 1 11 : . .. Table 4 presents the results of the capacity analysis for the intersections where the traffic data were collected. Detailed HCS outputs are included in Appendix D. Table 4: Peak Hour Intersection Level of Service A.M. Peak Hour Blue Road & Red Road C 32.2 Blue Road & SW 62 "d Avenue F 64.9 P.M. Peak Hour Blue Road & Red Road C 27.2 Blue Road & SW 62nd Avenue F 1 100.2 Results of the intersection level of service analysis demonstrate that the signalized intersection of Blue Road and Red Road operates at an acceptable LOS C during both the A.M. and P.M. peak hours. However, the intersection of Blue Road and SW 62 "d Avenue, which is four -way stop controlled, operates at LOS F. Crash Analysis The crash data obtained from the City of South Miami were analyzed to determine the incident of crashes in the Northside Neighborhood. The analysis focused on crashes on the residential streets internal to the neighborhood and did not include crashes on the streets along the neighborhood's periphery such as Ludlam Road, Red Road, Bird Road, and Miller Drive. The crash data show that eleven crashes occurred within the neighborhood from 2001 through February 2003, including four crashes that resulted in injuries. These crashes are summarized in Table 5. Please note that additional crashes are likely to have occurred in portions of the neighborhood that are within Unincorporated Miami -Dade County. An analysis of the crash types and contributing causes revealed that several of the crashes were caused by motorists disregarding stop signs or failing to yield the right of way. The incident of these types of crashes may be worsened by the combination of vehicles traveling at high speeds and the skewed alignment of several intersections within the neighborhood. In particular, multiple crashes occurred at two intersections: SW 415` Street at SW 58d' Avenue, and SW 42nd Street at SW 62 "d Avenue. Northside Traffic Plan 10 July 2003 D 1, 9 � Table 5: Crash Summary Date I Location . Crash Type �'� � �Outributing Cause Inju 2/7/2001 SW 44th St. at SW 59th Ave. Left Turn Careless Driving No 2/9/2001 SW 41St St. at SW 58th Ave. Angle Disregarded Stop Sin No 7/2/2001 SW 42nd St. at SW 62nd Ave. Angle Failure To Yield Right of Way Yes 7/31/2001 SW 44th St. at SW 64th Ave. Angle Failure To Yield Right of Way No 8/27/2001 SW 41St St. at SW 58th Ave. Angle Disregarded Stop Sin Yes 12/3/2001 SW 42nd Ter. at SW 62nd Ct. Angle Disregarded Stop Sign No 12/20/2001 SW 42nd St. at SW 62nd Ave. Hit Tree /Shrub Unknown No 5/21/2002 SW 41st St. at SW 58th Ave. Angle Disregarded Stop Sin Yes 5/27/2002 SW 41St St. at SW 64th Ave. Parked Car Careless Driving No 6/16/2002 SW 42nd St. at SW 60th Pl. Angle Disregarded Sto Sin Yes 12/24/2002 SW 41St St. at SW 58t`' Ave. Sideswipe Careless Driving No Conclusions The analysis of traffic data for the Northside Neighborhood demonstrated that traffic volumes on the residential local streets generally fall within livability thresholds. However, an analysis of speed data indicated that a significant number of motorists are traveling at excessive speed. In addition, several accidents have occurred on the low volume streets within the neighborhood. Therefore, traffic calming improvements are recommended to notify drivers that they are in a residential environment and to improve neighborhood livability and quality of life. Northside Traffic Plan 11 July 2003 TRAFFIC CALMING In response to concerns raised by local residents over quality of life issues that were substantiated through an analysis of traffic data, a conceptual traffic calming plan was prepared for the Northside Neighborhood. Traffic calming is quickly becoming a common term for addressing a wide range of citizen concerns including slowing traffic speeds, reducing cut - through traffic, improving the aesthetics of the street, and increasing safety for pedestrians, bicyclists, and vehicles. There are three basic strategies used to slow traffic within a neighborhood. These strategies include narrowing the roadway, changing the travel path of motorists, or changing the texture of the road with vertical elements. Common devices used to implement one or more of these strategies include raised medians, traffic circles, and curb extensions. Effective traffic calming should also incorporate enhancements to the streetscape. This concept includes design and landscaping features that not only improve the aesthetics and livability of a neighborhood, but also increase the effectiveness of many of the traffic calming devices. These types of improvements are targeted for the Northside Neighborhood because they not only manage the impact of the automobile, but also contribute to the overall quality of life in the area. Conceptual Plan Several traffic calming devices are recommended to enhance the character of the Northside Neighborhood. Figure 3 presents the conceptual traffic calming plan, which illustrates the location of these improvements. Before the recommendations were finalized, this plan was presented to residents of the Northside Neighborhood at a workshop on June 25, 2003. Many of the same residents that attended the stakeholder kick -off meeting were also present at this workshop. Based on input received from the residents at this workshop, several modifications were made to produce the conceptual traffic calming plan illustrated in Figure 3. Please note that traffic calming should be implemented on a neighborhood -wide basis. If traffic calming measures are only implemented on select neighborhood roadways, vehicles will merely shift to another street transferring the problem to another location within the neighborhood. Because traffic issues impacting the neighborhood cross political boundaries, coordination with Miami -Dade County will be required to ensure that traffic calming improvements are implemented in the portions of the Northside Neighborhood within Unincorporated Miami -Dade Northside Traffic Plan 12 July 2003 County. The conceptual traffic calming plan for the Northside Neighborhood also highlights locations for traffic calming improvements within Unincorporated Miami -Dade County. Recommended Traffic Calming Improvements As depicted in the conceptual traffic calming plan presented in Figure 3, a combination of several types of traffic calming treatments is recommended to improve the quality of life in the Northside Neighborhood. A general description of each type of traffic calming device proposed in the plan is summarized below. Neighborhood Traffic Circles Neighborhood traffic circles are raised circular islands constructed in the center of local residential street intersections. These devices reduce vehicle speeds by forcing motorists to maneuver around them and are sometimes used instead of stop signs. Neighborhood traffic circles are commonly landscaped (i.e. bushes, flowers, or grass) to enhance the aesthetics. Yield signs, not stop signs, should be used with neighborhood traffic circles. The occasional larger vehicle passing through an intersection with a neighborhood traffic circle (e.g., a fire truck or moving van) can be accommodated by creating a mountable curb in the outer portion of the circle. Studies show no significant impact on left or right turns for these vehicles; left turns can be made across the front of the circle just as with standard intersections. Through movements for larger vehicles are typically slowed by only approximately 3 to 6 seconds. Installation of a neighborhood traffic circle costs approximately $15,000 to $20,000 including landscaping. Neighborhood traffic circles are proposed at the following intersections: • SW 44`h Street and SW 65`h Avenue • SW 44`h Street and SW 64h Avenue • SW 42nd Street and SW 62nd Court ■ SW 42nd Street and SW 601h Place Raised Intersections Raised intersections are flat raised areas covering entire intersections, with ramps on all approaches. Raised intersections may include brick or other textured materials on the flat sections or to delineate crosswalks. The longer flat fields plus ramps, which may be more gently Northside Traffic Plan 14 July 2003 sloped than speed humps, enable slightly higher design speeds that may be suitable for slowing speeds on higher volume facilities. The brick or other textured materials improve the appearance of raised intersections, draw attention to these traffic calming devices, and may further enhance speed reduction. Installation of a raised intersection costs approximately $15,000 to $20,000 including limited textured paving. Raised intersections are proposed at the following intersections: • SW 44"' Street and SW 62nd Court • SW 44th Street and SW 62nd Avenue • SW 43rd Street and SW 63rd Avenue • SW 42nd Street and SW 63rd Avenue • SW 42nd Street and SW 62nd Avenue • SW 415` Street and SW 58th Avenue Chicane Chicanes are curb extensions on otherwise straight streets that cause travel lanes to bend one way and then bend back the other way to the original alignment of travel. Chicanes achieve speed reductions by forcing a horizontal shift and blocking long views of the road ahead. Landscaping may be provided in the curbed island created by the chicane to enhance the aesthetics. Installation of a chicane costs approximately $15,000 including landscaping. A chicane is proposed for SW 64th Street between SW 42nd Terrace and SW 42nd Street Raised Medians Raised medians are islands, along the centerline of a street that narrow the travel lanes. Raised medians help achieve speed reduction by creating a horizontal shift and blocking a long view of the road ahead. The raised center island may be enhanced aesthetically and provide neighborhood identity by adding landscaping. Installation of raised medians is proposed for midblock locations on SW 63rd Avenue between SW 44th Street and SW 41sT Street. The proposed raised median would not extend through or block intersections along SW 63`d Avenue. Installation of raised medians with landscaping along SW 63rd Avenue is expected to cost approximately $120,000. Northside Traffic Plan July 2003 15 1 � Roundabout Roundabouts are devices similar to neighborhood traffic circles consisting of raised circular islands constructed in the center of intersections. However, roundabouts are intended for use on higher volume streets and are found on collector and arterial roadways often substituting for traffic signals or all -way stop signs. Roundabouts allocate rights -of -'way more efficiently than traffic signals or all -way stop signs providing capacity enhancement and reduced delay. Roundabouts are larger than neighborhood traffic circles and typically have raised splitter islands to channel approaching traffic to the right. Because roundabouts 'force deflection at the entry and counterclockwise circulation around a center island (which also limits speeds), these devices also calm traffic. Again, the aesthetics of roundabouts may be enhanced by landscaping and help create a neighborhood identity. The SIDRA software was utilized to assess the capacity impact of installing a roundabout at the intersection of Blue Road and SW 62nd Avenue as an alternative to the existing all -way stop control. Results of the analysis demonstrate that the intersection level of service would improve from LOS F to LOC B during both the A.M. and P.M. peak hours. Detailed SIDRA outputs are included in Appendix E. Installation of a roundabout is recommended as both a capacity enhancement and traffic calming feature at the intersection of Blue Road and SW 62nd Avenue. Intersection Modifications Several intersections in the Northside Neighborhood have skewed alignments and large expanses of 'pavement that present sight distance problems and unclear allocation of right -of -way. Geometric improvements are recommended at these locations to reduce the pavement width and address the operational deficiencies. Geometric modifications are proposed for the following intersections: ■ SW 44th Street and SW 62 "d Court ■ SW 42nd Terrace at SW 64th Avenue ■ SW 42nd Terrace at SW 62 d Court Northside Traffic Plan July 2003 16 DRAFT CONCLUSION This section will be prepared after the Traffic Calming Conceptual Plan is presented to the City Commission. In addition, photographs of the recommended traffic calming improvements and conceptual drawings will be added to the final report. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 16, 2003 From: Maria V. Davis Re: AGENDA ITEM# City Manager 5 Commission Meeting of July 22, 2003 Resolution regarding ; City Manager's signature on City checks. On June 17, 2003, with a unanimous vote, the City Commission approved Resolution No. 97 -03- 11646 to appoint Maria V. Davis as the City Manager of South Miami. In accordance with section 2 -8(d) of the City of South Miami codes of ordinance, the City Manager is required to sign or countersign all city checks with either the City Clerk or the Finance Director. The attached resolution is prepared to seek authorization for the City Administration to forward the City Manager's signature to all the banks handling our bank accounts. Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE CITY MANAGER AS SIGNATORY IN CITY BANK ACCOUNTS. WHEREAS, with approval of Resolution Number 97 -03 -11646 by the City Commission, Ms. Maria V. Davis was appointed the City Manager on June 17, 2003, and WHEREAS, Section 2 -8(d) of the City of South Miami- Code provides for the City Manager to sign or countersign all City checks with the City Clerk or the Finance Director, and WHEREAS, the City Administration wishes to forward Ms. Maria V. Davis's signature to all the banking institutions currently used by the City as replacement to Mr. Sanford A. Youkilis' signature. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Administration is hereby authorized to provide Ms. Maria V. Davis with the appropriate documents to facilitate her signature appearing in the City bank accounts. Section 2. That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: Mayor Feliu: Vice Mayor Russell: CITY ATTORNEY Commissioner McCrea: Commissioner Wiscombe: Commissioner Bethel SOUr9 South Miami 04 .� 7 NI- AmedcaC rY INCORPORATED 1927 `0 RxO ®. 2001 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Excellence, Integrity and Inclusion To: Honorable Mayor, Vice Mayor Date: July 22, 2003 and City Commission From: Maria V. Davis Subject: Agenda Item # City Manager F" L Approval of the Payment of the Remaining Closing Costs in the Acquisition of the East 1/3 of the Hammock House Property RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE USE OF GRANT FUNDS IN THE AMOUNT OF $4,384.65; ,CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001-0000-132-2051, ENTITLED "SAFE NEIGHBORHOOD PARKS", TO PAY THE REMAINING CLOSING COSTS IN THE ACQUISITION OF THE EAST 1/3 OF THE PROPERTY LOCATED AT 7800 S.W. 59" AVENUE, OTHERWISE KNOWN AS 'THE "HAMMOCK ' HOUSE", AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami purchased the Hammock House property, located at 7800 S.W. 59th Avenue, on July 1, 2003, in an effort to establish a passive park' and preserve the natural elements of the property. The City received a total of $350,000 in grant funds from the Office of Safe Neighborhood Parks (SNP) and the Land and Water Conservation Fund (LWCF) to pay for the purchase price of the property ($280,000) as well as the initial closing costs ($2;985.00). Account Number 001- 2100 - 519 - 9920, entitled "General Contingency," was also charged in the amount of $7,441.85 to pay for the property's 2001 ad valorem taxes. The City has a remaining' balance of $4,384.65 in closing costs. The SNP grant will be used to pay this amount. At this point, the City is ready to finalize the transaction. RECOMMENDATION Approval is recommended. Attachments: Uniform Settlement Statement 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO APPROVE THE USE OF GRANT FUNDS IN THE 7 AMOUNT OF $4,384.65; CHARGING THE DISBURSEMENT TO 8 ACCOUNT NUMBER 001- 0000 - 132 -20519 ENTITLED "SAFE 9 NEIGHBORHOOD PARKS", TO PAY THE REMAINING CLOSING COSTS 10 IN THE ACQUISITION OF THE EAST '1/3 OF THE PROPERTY LOCATED 1I AT 7800 S.W. 59th AVENUE, OTHERWISE KNOWN AS THE "HAMMOCK 12 HOUSE ", AND PROVIDING AN EFFECTIVE DATE.' 13 I 14 15 WHEREAS, the City of South Miami purchased the east 1/3 of the property, located at 16 7800 S.W. 591h Avenue, otherwise known as the Hammock House, on July 1, 2003, for the 17 Pose of establishing a passive park for the benefit of the community at large; and 18 19 WHEREAS, the City of South Miami used grant funding from the Office of Safe 20 Neighborhood Parks (Account Number 001- 0000 -132 -2051) ; and the Land and Water 21 Conservation Fund (Account Number 001- 0000 -132 -2056) to acquire the property and to pay 22 - initial ::closing costs, totaling $282,004.92; and 23 24 WHEREAS, the City of South Miami has a remaining balance of $4,384.65 in closing 25 costs; and 26 27 WHEREAS, the City is ready to finalize the transaction for this property. 28 29 NOW, THEREFORE,` BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI: 31 32 Section 1. The City Manager is authorized `to approve the use of rant funds ' pP g 33 charging Account Number 001`- 0000 -132 -2051, entitled "Safe Neighborhood Parks," in the 34 - amount of $4,384.65 to pay the remaining closing costs in the acquisition of the east 1/3 of the 35 property located at 7800 S.W. 59th Avenue, otherwise known as the Hammock House. 36 37 Section 2. This resolution shall take effect immediately upon arrival. 38 39 40 PASSED AND ADOPTED this day of , 2003. 41 42 ATTEST: APPROVED: 43 44 45 CITY CLERK MAYOR 46 Jun 27 03 03 :02p Lot Levine [3DE' G70 -0701 p.1 9130 South Dadeland Boulevard, Suite 1701 Miami, Florida 33156 1 LOTT& (305) 670 -0700 (305) 670.0701 Fax Fm To: Sandy Youkifis, Acting City Manager From: George J. Lott Fax: (305)663 -6345 Pages: Phone: Date: 06127103 Re: Hammack House CC: [Click here and type name] ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle am faxing to you herewith the Closing Statement for the purchase of the Hammock House. 1 will need a check in the amount of $289,446.77 for the purchase price (less Sellers' share of 2003 taxes), recording fees and 2001 taxes. Payment of recording fees and the 2001 taxes are specifically included in the Contract to be paid by the City. Resolution No. 93-03- 11642 dated June ,10, 2003 authorized the City Manager to Implement the terms < and conditions of the Contract. A prior Resolution also authorized the payment of the 2001 taxes. As to the additional closing costs in the Closing Statement, these are also included in the Contract to be paid by the City and would seem to be covered by the Resolution Ho. 93-03 - 11642. However, you have indicated that you would preferthat they be authorized by the Commission at its July 22, 2003 meeting, and the Sellers attorney has agreed to your request. These additional Closing Costs are: Settlement /closing fees to Stephen D. Pearson $ 150.00 Abstract Title Search to Stephen D. Pearson $ 150.00 Title Examination to Stephen D. Pearson $ 150.00 Title Insurance to Stephen D. Pearson $1,475.00 Attorneys Fees to Lott & Levine $2,459.65 Please note that the closing, date originally agreed upon as set out In the Contract was June 15, 2003. The Sellers, through their attorney, Stephen D. Pearson, have kindly extended the closing date to June 30, 2003, to accommodate the procedural and funding requirements of the City. The Sellers are requiring,' however, that the closing take place on Jun 27 03 03:02p Lot' & Levine [305]_670 -0701 p.2 June 27, 2003 June 30, 2003, otherwise the City will be in default under the Contract. It is necessary that the closing occur in the morning early enough for the Closing Agent, Mr. Pearson, to deposit the City's check , obtain checks for recording the documents and paying the 2001 taxes, and then to actually go downtown to record the Deed and pay the taxes. I would therefore appreciate your cooperation in being able to meet with me on Monday, June 30, at 10:00 a.m. to sign the Closing Statements and have the check ready at that time for me to take to Mr. Pearson. The check must be a cashiers check payable to "Stephen D. Pearson, Esq., Trust Account", in the amount of $289,446.77. Thank you in advance for your cooperation and assistance in the closing of this matter. I • Commentso- WARNING: "Unauthorized interception of this telephonic communication could be a violation of Federal and State law." The documents accompanying this telecopy transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying,, distribution or taking of any action in reliance on the contents of this telecopied information is strictly prohibited If you have received this telecopy in error, please immediately notify us by telephone to arrange for return of the original documents to us. • Page 2 Jun 27 03 03:02p Lot' % Levine (305). 670 -0701 p.3 Sent lay: Stephen D. Pearson, Esq. 305 X71 4888; 06/27/03 11:14AM;)etEu_R536;Pa9, 3 ua. DSPARfl�tr DF HOtrael� 1iND uRBIW DEVet,DPArt1 -lT IOA� 1125Ct� A. HUD4 UNIFORM SETTLEMENT STATEMENT i e. of imafl 1.[) FHA 2.[ j FmHA 3.[x ) Caw Unins: B. File Number: Loan Number 8. MW9119e insurance Case Number: 4.[ ) VA: 5.11 Conn. Ins 43&1 C. NDT9; Tips form iumisnes a atatomed at'setrtoment costs. Amounts paid to and by the seftlemerd agent are shown. Items marked " jP &c. ' were paid outside the closing; they are shown for infomlationa) PUFPDSM and are not included in the totals. D. Name a Address of Borrower: E. Name, Address & TIN of Seller. F. Name & Address of Lender. City of s"th Miami Garrett and Antony Van Smith, as Trustees 6130 r.4w44 Drive 15061 S.W. 66 Avenue 103. Borroweftsudlement charges (line 1400) South IJfismi , Ft. 33143 Miami FL 33157 G. PropotyLocation: TIN of Seller: H. Settlement Agent Place of Settlement Fast iD1 feet of 7800 SW 59 Avenue Stephen D. Pearson, Esq. South k&O, Florid. 33143 T2401 South Dixie H19h+1+aY Adj olmonts foritems paid by idler in advance , for items paid by Wier in advance inecrest, FL 33156 1. settlement Dift IM51M a. -amm wy we owKvwer.. I fan mamn ry a.mmary or awners I ransom girt 108. OWN Afnount Dim from Borrower. 00. gross Amount Duo to Sailer. 101. Cordfaidsales price 280000. OD Cantrad sales price 250000.00 102. Personal Properly Pcrsorrel' Property 103. Borroweftsudlement charges (line 1400) 10426.85 PA4dustroonts 104. 1115. Adj olmonts foritems paid by idler in advance , for items paid by Wier in advance 106. Cdyj min taxes to 0.00 We. CByltown Taxes , to O.OD 107. County tires 10 0.00 1407. Cculdyutres to 0.00 105. Assessments to 0.00401k Assessments t0 0.00 109, to 0.00 409. to 0.00 MI 410. 111, 411. 112 412. 113. 4113. 180, Gros Amount Due from Borrower 2011426.115 ..gross Amount Dee to Seller 290000.00 2n0. Amirante Paid by or in behalf of borrower 5�. Reductions in Araw d Doe to Seller 201. DaporJts,or somest money 501. Excess deposit see Instructions) 202 Prinapal amount of now ken(s) 502. Settlement charges to sellor, (hte 1400) 14843.35 203. Bdsfing Imn(s) taken subject to 503. Existing loan(s) i ilan subject to 204. 504. Payoff of brat mDftw 205. 505. Payoff of second mortgage 206. 505. Payoff to John and Magaly' Park 528510 207. 507, 2Da. sm. 209. 508. Adustme to for hems unpaid by Wes Adjustments for Items unpaid, by weer 210. C8y/tnxn km to 0.00 510. Ch~ taxes to 0AD 211. counily Was 111103 to fi129r03 98D.08 511. County tares 111103: to' 61203 911111.08 212 Assesemalns to 0.00 512 Assessments . to 0.00 213. to 0,00 13. to o.OD 214. $14. 215. 515. 216. 516. 217. 51T 219. 818. 219: 519. 220. TOW Paid Bylfer Ronawer 980.08 990 Told Requalton Amount Due Soft 24108.43 3111. flesh at,SNtkyn" t Feomlto Borrower 8110 Cash at Settement Taffnlrlt Seller 301: Gross:nmount due from borrower (line 120) 200426.85 807.Orms amount m ieto seffer(line 42D) 28DODO.DD 302 Lest 41111001115 paid try /for borrower (tine 220) 980.E 802 Less reduction in amount due seller (line 520) 24106.43 303. Cash - M from to 8orpawer 289440.TI Carib to from Seller' 255591st SubstlttAs Form 1000 Seller Statement The Information in Blooks E, G. H,1 & line 401 (or. it line401 is astariaW, lin&403 and d04) is important lex mfgmlapon and is being furnished to the lntenill!RM enue Service. Ifyou are required to files return, a sanction whi be impoaod on you If this Item is inquired to be repotted and the IRS Itd mhM that it has not been reported. if this real estate is your principal residence, file Farm 2119. Sale or Exchange of NOW Resioenee, irir any gain, with your income to retum; for attler transactions, complete the applicable parts of Form 4797, Form 5252 andfor Sepodule D (Form 100). You are required to provide the Set"imerltAgeld (named above) wfttl your correct taxpayer Identification number. dyou de'ncl,p'rovide the Settlement Agent with your taxpayer identification number, you maybe subject to civil or criminal penalties imposed by law. Under ponalies of perjury, l certify that the number shown on this statement is my coReCt ta>meyer identification number. (Sellers Signature) Ctan+PJ►1195Dari4 rwm tinrye VJ4. Jun 27 03 03:02p Lot % Levine [305 670 -0701 p.4 Sent nay: Stephen D. Pearson, Esq. 305 971 4898; 06/27/03 11:14AM;)elFex R536;Pag. 3 1 L Eritleferad Ch ea 700.7cedSaler arakeez Commiaaion. fbaaed'an' lea) 0000:00 9L Paid from Borrower`s Funds at Settlement Paid from Seller's Funds at Settlemernt Dn4sian of Commission (line 700) as follows: 701. 702 M. Commission paid at Smement DO 704, BDO. fleas Px_VW& In Connadtoawith Loan 001. UAD 0119MI iotl'Fee % 802 Loan Discount % acs Apararal Fee 604. CrodO rt 805. rs,lns ' stion Fee M In3UMM*APFDWMOn Fee 807.. 8� . 809. 810. •.811. ' alt ':813 am. gems ratl by Lender 4o Be Paid in Advance sOt. intarestkom to ® r day (IOD 902 Mo a Insurance Premium for. months to 903.- Hrasrd insurance ramium for years to 9D4. Mrs to 1000. Rogarm Dm=W with Lender 1001 Hazard Insurance worths as >z month 0.00 1002 ageinsunince months 61 w month 0.00 1003. i erty taxes months ®S ' i i per month 0.00 1004. Ctpltdy ro taxes months y Par month 0.00 1005. AtYNtei essbsements months ®1; per month 0.00 : loco. worms per month D.oD 1007. 1008. low. HE Talk: 1101. Sacmanticioam fee to St hen D. Pearsen. Es" . 'SDP' (POC after closing u ark 150:D0) 1102 AbsbseF/M search to SD A. cloamo by;Buyer 150:00) 1103 examutation to EDP (POC after dosing byBu eri180.00) 1104 i insurance hIndar 1105. Document piaparation 1106. NMIY fees 1107. Ante ' &less to SOP 14043.35 (includes above item numbers 1154-1106) 1108.• TO iromanooto SDP i (POC after dosing by Bu 1475: D) (i uses above numbers f i08.- Covers e 1110. Owners average $280,000.00 MI. 7112 1113. � 1200. ta0araflrrnenCRaco►dl and Transfer Charges', 12D1. Rrr�Otd ear � DeeA, 24. Mortgage as-less; fi.D6 30.00 1202 C' 'sou UUMampW 1 Deed 1680010 Mortgage 169D.00 1203 Ie MIane '; Deed 1260.00 MOdgage ',, 1260.60 1204. Record Tn idea Aftowit 15.06 1206. 1300. Addklorat Seftlemant Cha 1301. Swirl 1362 t ion 1303. Lien Search to A-1 Tdle SerSiea 13D4. Dowmenf P arma► Fee to SD 7305.20 axes 17441.86 1309 AftOMLYS Was to La and Lgvine IMC -w-lasing by Biw42465t 130. 1300.' 1d68 faidBaftkmatt Charcm 11hislNumbBrTra nsfers to Unes 103 A 502 Above 10428.85 14843 35 CERTIFICATION I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knoMedge and belle(, t is a true and accurate statement of a8 terrihts and dishurseenssts made on my',eowunt for by 'me in this tmnsaction.1 further amity that I have received a copy of the HUD - 1 Seldetne ,Su tallant. Selle( Borrower Sellef t3orrawar Tate but of my knowledge On HUD-1 Settlement Statement which I have prepared is true and &=rate account of the funds which were M elandhauxEasnerWNrh. disa�ws. dsym. und... �wda. prrtoteneeatvemonlorthiolrandacnon. Se111sment Agent bate RryyritM ax`iU.riaL�nwpc.a�y. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING PAYMENT OF 6 ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER 7 TETZELI, P.A. IN THE AMOUNT OF $2,074.49; CHARGING 8 $2,074.49 TO ACCOUNT NO. 1500` -514- 3450, OTHER 9 CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE 10 DATE. >11 12 WHEREAS, Mark Richman Properties, Inc. initiated litigation against the 13 City of South Miami - in which ` it seeks specific performance under a lease 14 agreement and, or, damages for an alleged breach of contract pertaining to the 15 proposed development of the SW 73 Street parking lot; and, 16 1.7 WHEREAS, with the city commission's consent, the city attorney retained 18 special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to defend the 19 lawsuit and, 20 21 WHEREAS, Kurzban Kurzban Weinger & Tetzeli, P.A. submitted an 22 invoice to the city for legal services rendered, and costs advanced, for the period 23 ending May 31, 2003, in the amount of $2,074.49; and, 24 25 WHEREAS, the city attorney recommends payment of the attached invoice 26 as the amount of fees and costs are reasonable and necessary. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. The invoice for attorneys'- fees and costs received from 32 Kurzban Kurzban Weinger & Tetzeli, P.A. in the total amount of $2,074.49, is 33 approved for payment and charging the amount to account no. 1500 -514- 3450; 34 Other Contractual Services. 35 36 Section 2. This resolution shall take effect immediately upon approval. 37 Additions shown by underlinin and deletions shown byaver-striking. 1 2 PASSED AND ADOPTED this day of July, 2003; 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell; 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 21 22 23 24 25 \\02srvplaw\prolaw\Documents\0022\DAJ\ 1846 Ldoc 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 CITY OF SOUTH MIAMI Item No. Quantity Description and Specifications Account Number Unit Price Total 1 I Other Contractual 1500- 514 -3450 2,074.49 2,074.49 Proper Request Against The Services Codes Charge Sufficiency of Appropriation TOTAL $2,074.49 Purchase Order No. Terms /Discount I Hereby Certify That The ;- Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation p� Balances Verified (Except As Otherwise Noted)- Head of Department Finance Department City Manager v 8 NO. 1500- 514. -3450, OTHER CONTRACTUAL SERVICES; 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, in the case of National Rifle Ass'n. of America, Inc., et al. v.' 12 City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 1 It" Cir. Ct. 2000) the NRA 13 filed a notice of appeal with the Florida Third District Court of Appeal from the 14 lower court's favorable order denying its motion for attorneys' fees; and, 15 16 WHEREAS, with the city commission's consent, the city attorney retained 17 outside counsel to defend the appeal; and, 18 19 WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the city for 20 legal services rendered, and costs advanced, for the period ending 21 April 30, 2003, in the amount of $534.50; and, 22 23 WHEREAS, the city attorney recommends payment of the attached invoice 24 as the amount of fees and costs are reasonable and necessary. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The invoice for attorneys' fees and costs received from 30 Greenberg Traurig, P.A., in the total amount of $534.50, is approved for payment 31 and charging the amount to account no. 1500- 514. - 3450, Other Contractual 32 Services. 33 34 Section 2. This resolution shall take effect immediately upon approval. 35 Additions shown by underlining and deletions shown by ever-str-iking. i 1 2 PASSED AND ADOPTED this day of July, 2003. 3 4 ATTEST: APPROVED: 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: I I READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 21 22 23 24 25 \ \02srvplaw \prolaw \Documents \0022 \DAJ \18288.doc - Reso for Greenberg,Traurig Fees 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 Item No. Quantity Description and Specifications Account Number Unit Price > Total -I 1 Other Contractual Services 1500- 514 - 3450 534.50 534..50 TOTAL $534.50 Purchase Order No: Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: June 13, 2003 Cc Sandy Youkilis, Acting City Manager Hakeem Oshikoya, Finance Director From: Earl G. Gallop, City Att orn Resolution Approving Payment of Attorneys' Fees and Costs to Greenberg Traurig, P.A. Subject: Approval of payment of $534.50 to Greenberg Traurig, P.A. for services rendered in connection with the representation of the city and city attorney on the NRA's appeal of the order denying its motion for attorney's fees in the matter ofNational Rifle Assn. ofAmerica, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. I I" Cir. Ct. 2000). Discussion: The NRA filed a motion for attorneys' fees and costs in the approximate amount of $224,000 following the reversal of the favorable trial court order by the Florida Third Distric t Court of Appeal. With the city commission's consent, the city attorney retained outside counsel to defend against the motion. On September 24, 2002, the circuit court entered its ruling denying the NBA's motion for attorneys' fees. The NRA appealed the lower court's ruling to the Florida Third District Court of Appeal. Again, with the city commission's consent, the city attorney retained outside counsel to defend the appeal of the lower court ruling. This invoice no. 1026893 from appellate counsel is presented for payment. To date, including this invoice, Greenberg Traurig has invoiced the city a total of $11,515.76. I recommend approval of the invoice for payment as the amount of fees and costs are reasonable and necessary. Payment will be charged to the cash reserve fund. Recommendation: Approve the resolution authorizing payment of the invoice I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES APPROVING PAYMENT OF 6 ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A., IN 7 THE AMOUNT OF $534.50 FROM THE CASH RESERVE 8 FUND; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, in the case of National Rifle Ass'n. of America, Inc., et al. v. 11- City of South Miami, Case No. 00- 17530 -CA -09 (Fla. l Vh Cir. Ct. 2000) the NRA 12 filed a notice of appeal with the Florida Third . District Court of Appeal from the 13 lower court's favorable order denying its motion for attorneys' fees; and, 14 15 WHEREAS, with the city commission's consent, the city attorney retained 16 outside counsel to defend the appeal; and, 17 18 WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the city for 19 legal services rendered, and costs advanced, for the period ending 20 April 30, 2003, in the amount of $534.50; and, 21 22 WHEREAS, the city attorney recommends payment of the attached invoice 23 as the amount of fees and costs are reasonable and necessary; and 24 25 WHEREAS, the City Attorney desires the Mayor and City Commission to 26 authorize the use of funds in the cash reserve fund to pay for this invoice. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. The invoice for attorneys' fees and costs received from 32 Greenberg Traurig, P.A., in the total amount of $534.50, is approved for payment 33 from the cash reserve fund. 34 35 Section 2. The Finance Director is authorized to use funds in the cash 36 reserve fund to pay for this invoice. 37 38 Section 3. This resolution shall take effect immediately upon approval. 39 Additions shown by underlining and deletions shown by ever4riking 1 2 PASSED AND ADOPTED this day of June, 2003. 3 4 ATTEST: APPROVED: 5 6 - 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 _ 20 21 22 23 24 25 \ \02srvplaw \prolaw \Documents\ 0022 \DAJ \18288.doc - Reso for Greenberg Traurig Fees 26 27 28 29 30 31 32' 33 34 35 36 37 38 39 Page 2 of 2 A T 1 to R N F Y S A i. A Invoice No.: 1036474 File No. 60675.010100 Bill Date May 7, 2003 City of South Miami c/o Earl G Gallop, Esq. 3225 Aviation Avenue Suite 301 Miami, Florida 33133 -4741 INVOICE Re: South Miami adv. National Rifle Association Teal Services through Al ril10, 2003: Total Fees: $ 420:00 FxD— ems: Messenger Services 114.50 Total Expenses: $ 114.50 Current Invoice: $ 534.50 Previous Balance (see attached statement): $ 5,307.65 Total Amount Due: $ 5,842.15 EHS :ADM Tax ID: 59- 1270754 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 -579 -0500 FAX 305 - 579 -0717 AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C.. WEST PALM BEACH WILMINGTON ZURICH Invoice No.: 1036474 File No. 60675.010100 WIRING INSTRUCTIONS FOR GT FIRMACCOUNT FOR FEES &COSTS ARE AS FOLLO N',S: TO: WACHOVIA BANK, N.A. - FIRST UNION NATIONAL BANK ABA #: 063000021 CREDIT TO: GREENBERG TRAURIG DEPOSITORY ACCOUNT ACCOUNT #: 2000014648663 PLEASE REFERENCE: CLIENT NAME: CITY OF SOUTH MIAMI FILE NUMBER: 60675.010100 INVOICE NUMBER: 1036474 ATTORNEY NAME: Elliot H. Scherker EHS:ADM Tax ID: 59- 1270754 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 -579 -0500 FAX 305- 579 -0717 AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON. ZURICH Invoice No.: 1036474 File No. 60675.010100 Account Statement Rate Tnvni .e # F . s Due Expenses. Due ether nee Total Due 02/07/03 996219 4,416.00 12.00 0.00 4,428.00 04/29/03 1026893 663.00 216.65 0.00 879.65 Totals: $ 5,079.00 $ 228.65 $ 0.00 $ 5,307.65 EHS:ADM Tax ID: 59- 1270754 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 - 579 -0500 FAX 305- 579 -0717 AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY RICH ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZU Invoice No.: , 1036474 Page 1 Re: South Miami adv. National Rifle Association Matter No.: 60675.010100 Description DATE 04/09/03 of Professional Rervice-, Rendered- DESCRTPTTnN Review reply brief; draft response to fees motion HOURS AMOUNT 1.20 360.00 TTMF.KF.F.PF.R Elliot H. Scherker 04/25/03 Elliot H. Scherker Analyze Diaz decision; review article on 57.105 0.20 60.00 fees Tntal Times 1.40 Total Fees $ 420.00 CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 17, 2003 Cc: Sandy Youkilis, Acting City Manager Hakeem Oshikoya, Finance Director From: Earl G. Gallop, City Attor Vie: Resolution Approving Payment of Attorneys' Fees and Costs to Greenberg Traurig, P.A. Subject: Approval of payment of $2,074.42 to Greenberg Traurig, P.A. for services rendered in connection with the representation of the city and city attorney on the NRA's appeal of the order denying its motion for attorney's fees in the matter of National Rifle Ass'n. ofAmerica, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. l Itn Cir. Ct. 2000). Discussion: The NRA filed a motion for attorneys' fees and costs in the approximate amount of $224,000 following the reversal of the favorable trial court order by the Florida Third District Court of Appeal. With the city commission's consent, the city attorney retained outside counsel to defend against the motion. On September 24, 2002, the circuit court entered its ruling denying the NRA's motion for attorneys' fees. The NRA appealed the lower court's ruling' to the Florida Third District Court of Appeal. Again, with the city commission's consent, the city attorney retained outside counsel to defend the appeal of the lower court ruling. On June 4, 2003 the district court issued a per curiam decision denying the NRA's appeal of its motion for attorney's fees. This invoice no. 1048090 represents the final statement from appellate counsel and is presented for payment. To date, including this invoice, Greenberg Traurig has invoiced the city a total of $13,590.18. I recommend approval of the invoice for payment as the amount of fees and costs are reasonable and necessary. Recommendation: Approve the resolution authorizing payment of the invoice 1 RESOLUTION NO. Z 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING. TO 5 ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR 6 GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $2,074.42; 7 CHARGING $2,074.42 TO ACCOUNT NO. 1500- 514 -3450, 8 OTHER CONTRACTUAL SERVICES; PROVIDING AN 9 EFFECTIVE DATE. 10 I 1 WHEREAS, in the case of National Rifle Ass'n. of America, Inc., et al. v. 12 City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11th Cir. Ct. 2000) the NRA 13 filed a: notice of appeal with the Florida Third District Court of Appeal from the 14 lower court's favorable order denying its motion for attorneys' fees; and, 15 16 WHEREAS, with the city commission's consent, the city attorney retained 17 outside counsel to defend the appeal; and, 18 19 WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the city for 20 legal services rendered, and costs advanced, for the period ending 21 May 31, 2003, in the amount of $2,074.42; and, 22 23 WHEREAS, the city attorney recommends payment of the attached invoice 24 as the amount of fees and costs are reasonable and necessary. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The invoice for attorneys' fees and costs received from 30 Greenberg Traurig, P.A., in the total amount of $2,074.42, is approved for 31 payment and charging the amount to account no. 1500- 514 - 3450, Other 32 Contractual Services: 33 34 Section 2. This resolution shall take effect immediately upon approval. 35 Additions shown by underlinin and deletions shown by ^v°rg. J 6 7 CITY CLERK MAYOR 8 9 p COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel; 15 Commissioner McCrea: 16 17 18 19 20 21 22 23 24 25 \ \02srvplaw \prolaw \Documents \0022 \DAJ \18700.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Greenberg Traurig, P.A. Req. No. 143 Date: July 17, 2003 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual Services 1500- 514 -3450 2,074.42 2,074.42 TOTAL $2,074.42 Purchase Order No. Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager r {} kd N 1; Y S A T E. .- Invoice No.: 1048090 File No. 60675.010100 Bill Date June 4, 2003 City of South Miami c/o Earl G. Gallop, Esq. 3225 Aviation Avenue Suite 301 Miami, Florida 33133 -4741 INVnT("F Re South Miami adv. National Rifle Association Legal S .rvir, s through Mav 31,2003; Total Fees: $ 2,070.00 Expo: Information and Research 4.42 Total Expenses: $ 4.42 Current Invoice: $ 2,074.42 Previous Balance (see attached statement): $ 5,842.15 Total Amount Due: $ 7,916.57 EHS :ADM Tax ID: 59- 1270754' 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 -579- 0500 FAX 305 -579 -0717 AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZURICH TO: WACHOVIA BANK, N.A. - FIRST UNION NATIONAL BANK ABA #: 063000021 CREDIT TO: GREENBERG TRAURIG DEPOSITORY ACCOUNT ACCOUNT #: 2000014648663 PLEASE REFERENCE: CLIENT NAME: CITY OF SOUTH MIAMI FILE NUMBER 60675.010100 INVOICE NUMBER: 1048090 ATTORNEY NAME: Elliot H. Scherker EHS:ADM Tax ID: 59- 1270754 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 -579 -0500 FAX 305 -579 -0717 AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZURICH 1-1 T T R 'N E y S A T L A w Invoice No.: 1048090 File No. 60675.010100 Account Statement Dale Tnve # Fees The Expenses line Other Tyne Total Due 02/07/03 996219 4,416.00 12.00 0.00 4,428.00 - 04/29/03 1026893 663.00 216.65 0.00 879.65 05/07/03 1036474 420.00 114.50 0.00 534.50 Totals: $ 5,499.00 $ 343.15 $ 0.00 $ 5,842.15 EHS:ADM Tax ID: 59- 1270754 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 -579 -0500 FAX 305- 579 -0717 AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZURICH Invoice No.: 1048090 Page 1 Re: South Miami adv. National Rifle Association Matter No.: 60675.010100 T7 .s ij:p ion DATF, 05/26/03 of Professional Services Rendered: AFSCRTMON Preparation for oral argument HOURS. AMOUNT 2.10 630.00 TTMF.KF.F.PF.R Elliot H. Scherker 05/27/03 Elliot H. Scherker Preparation for oral argument; attend 3d DCA 4.80 1440.00 calendar; present oral argument Total Time. 6.90 Total Fees, $ 2,070.00 ryrt a I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR, AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES AND COSTS; APPROVING PAYMENT OF 6 ATTORNEYS' FEES AND COSTS FOR NAGIN GALLOP 7 FIGUEREDO, P.A. IN THE AMOUNT OF $16,826..20; 8 CHARGING $1,872.50 TO ACCOUNT NO. 1500 -514- 3435, 9 REAL PROPERTY /FORECLOSURE; CHARGING $13,229.99 10 TO ACCOUNT NO. 1500- .514 -3410, LEGAL SERVICES, NON 11 RETAINER; CHARGING $753.50 TO ACCOUNT NO. 615 12 1910- 521 -3100, PROFESSIONAL SERVICES, FORFEITURES; 13 AND CHARGING $970.21 TO ACCOUNT NO. 1500- 514 -3452, 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99- 94- 9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non- retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 May 31, 2003, in the amount of $16,826.20; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $16,826.20, are approved for 32 payment and charging $1,872.50 to account no. 1500 -514 -3435, real 33 estate /foreclosure; charging $13,229.99 to account no. 1500- 514 -3410, legal, non - 34 retainer; charging $753.50 to account no. 615 -1910- 521 - 3100, professional 35 services, forfeitures; and charging $970.21 to account no. 1500 -514 -3452, code 36 enforcement. 37 38 Section 2. This resolution shall take effect immediately upon approval. 39 Additions. shown by underlining and deletions shown by evefstfiking. 1 2 PASSED AND ADOPTED this day of July, 2003. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: I I READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: - 16 17 18 19 20 \ \02srvplaw \prolaw \Documents \0022 \DAJ \18395.doc - Reso -June 2003 Statements 21 22 23 24 25 26 27 - 28 29 30 31 32 33 34 35 36 37 38 39 40 Item No. Quantity Description and Specifications Account Number Unit Price Total 1 2 Real Estate /Foreclosure 1500 -514 -3435 1,872.50 1,872.50 2 16 Legal, Non- Retainer ` 1500 -514 -3410 13,229.99 13,229.99 3 2 Forfeitures 608 -1910 - 521 -3100 753.50 753.50 4 1 Code Enforcement 1500 -514 -3452 970.21 970.21' TOTAL $16,826.20 Purchase Order No. < Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized - Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Mana ger _.. �. m .. Item No. Quantity Description and Specifications Account Number Unit Price Total 11 1 - Legal, Non - Retainer 1500- 514 -3410 $812.50 $812.50 I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances 'Verified (Except As Otherwise Noted) Head of Department Finance De artment City Manager P TOTAL $903.52 Purchase Order No. I Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation `��' / Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 - Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Finance, Director July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Statement No. 14352 City of South Miami, FL 33143 Hours, 06/02/2003 EGG Attention to scheduling interviews of city manager candidates. 0.20 35.00 06/02/2003 EGG Telephone conference with Mr. Meyers, MDC comm'n on ethics. 0.30 06/03/2003 EAB Attention to voting, process for selecting city manager. 0.30 52.50 06/03/2003 EAB Attention to Robert Haddad building permit issue. 0.20 35.00 06/03/2003 EGG Communicated with comm'r. McCrea regarding NUI gas franchise 0.10 17.50 agreement. 06/03/2003 EGG Prepared for and attended city comm'n. meeting. 6.00 1,050.00 06/04/2003 EAB -' Attended pre and post agenda meeting with city directors and began ; 3.00 525.00 analysis of legal questions presented during meeting. 06/05/2003 LRF Conference with Ms. Boutsis regarding question raised by Mr. 1.20 210.00 Youkilis concerning budget ordinance. 06/06/2003 EAB Analysis of Mr. Haddad's construction permit; analysis of FBC and 0.40' 70.00 25% modification of structure and requirement to come up to code requirements; telephone conference with Ms. Sonia Lama; and affirmed building department's interpretation and directed Mr. Haddad to Board of Rules and Adjustments. 06/06/2003 EAB" Attention to issue whether budget ordinance may be revised by 0.40 70.00 resolution; analysis of section 166.251, Fla. Stat. 06/06/2003 EGG Telephone conference with vice mayor Russell: 0.30 52.50 06/06/2003 EGG Analyzed and advised city manager regarding amendment to budget. 1.00' 175.00 06/07/2003 EGG Reviewed a -mails regarding FPL franchise fee and other matters. 0.50 87.50 06/09/2003 EGG Attention to FPL franchise agreement. 0.20 35.00 06/10/2003 EAB Observed commission meeting. 1.00 175.00 06/10/2003 LRF Worked on issues related to1nterlocal Agreement and Snapper 2.00 350.00 Creek resolution. Participated in various telephone conferences with Comm'r McCrea regarding same. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: ,2 06/10/2003 EGG Reviewed agenda and prepared Mr. Figueredo for city comm'n. 1.00, 175.00 meeting. 06/10/2003 EGG Telephone conference with vice mayor Russell. 0.40 70.00 06/1012003 EGG Prepared resolution appointing city manager; telephone calls to vice 0.40 70.00 mayor Russell, Mr. Youkilis and Ms. Navarro. 06/11/2003 EAB Attended charter cable franchise transfer, renewal and bankruptcy 2.50 437.50 seminar. 06/11/2003 EAB Attended post agenda meeting and pre- agenda meeting with staff. 2.40 ` 420.00' 06/11/2003 LRF 'Worked on language for Interlocal Agreement and Snapper Creek 4.20 ` 735.00 resolution; participated in various telephone conferences with Comm'r McCrea and conferenced with Earl Gallop; 06/11/2003 EGG Telephone conference with vice mayor Russell. ' 0.30 52.50 06/12/2003 EGG Telephone conference with Mr. Youkilis regarding resolution 0.20 35.00 approving amended interlocal agreement for Snapper Creek annexation and budget workshop. 06/12/2003 EGG Attended budget workshop. 2.50 437.50 06/13/2003 EGG Telephone conference with'comm'r. Wiscombe. ` 0.20 35.00 06/13/2003 EGG Reviewed notice of hearing in bankruptcy proceeding concerning 0.20 35.00 Metromedia Fiber Network, "Inc. 06/13/2003 EGG Reviewed May 30 letter from Mr. Proctor and exhibits regarding 0.40 70.00 replatting'of 3 lots at 5900 SW 84 Court. 06/13/2003 EGG 'Reviewed letters from communications counsel regarding renewal fo 0.30 52.50 Charter Communications cable franchise and transmitted same to comm'n. 06/13/2003 EGG Reviewed letter from Mr. Flaxman, counsel for Lt. Feldman regarding 0.30; 52.50 potential claims. 06/13/2003 EGG Reviewed public records request by Mr, John Shubin and forwarded 0.20 35.00 same to Ms. Taylor. 06/13/2003 EGG Reviewed request by Mr. Protor on behalf of Center for Arthritis and ' 0.30 52.50 Rheumatic Diseases for use of on- street parking spaces at location adjacent to property; discussed same with Mr. Basu and transmitted request to Mr. Figueredo for handling. 06/13/2003 EGG Reviewed e-mail communications by Ms Newman regarding 0.20 35.00 complaints against police department command staff. 06/16/2003 LRF Telephone conference with Mr. Procter regarding planning and zoning 0.50 87.50 matter` 06/16/2003 EGG Reviewed and approved Greenberg Traurig invoice for June in the 0.40 70.00 amount of $2,074.42; prepared resolution and city attorney memorandum. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. «��.,: 7771 z Nagin Gallop Fgueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 3 06/16/2003 EGG Attention to effect of budget amendments and personnel actions on 0.50 87.50 labor agreements; reviewed recent judicial opinion on same; telephone conferences with Mr. Youkilis and Mr. Crosland, labor counsel. 06/16/2003 JMP Deliver package to CSM City Hall. 0.75 15.00 06/17/2003 LRF Prepared for and attended City Commission meeting. 7.00 1,225.00 06/17/2003 EGG Reviewed and responded to e- mail communications from commes 0.40 70.00 regarding resident question concerning special agenda format and multiple items to be addressed. 06117/2003 EGG Reviewed response to request for production of documents. 2.50 437.50 06/17/2003 EGG Reviewed and transmitted public records request to Ms. Taylor 0.20 35.00 regarding Lt Feldman. 06/17/2003 EGG 'Prepared for and attended special city comm'n. meeting and budget 4.50 787.50 workshop. 06/18/2003 EGG 'Attention to disallowance of payment to Architectonica. ` 0.20 35.00 06/18/2003 EGG ' E -mail communication regarding MRP litigation and scheduling of 0.10 17.50` attorney- client meeting. 06/18/2003 EGG Attended meeting with Ms. Navarro regarding background and 0.30 52.50 contract with new city manager. 06/18/2003 EGG Telephone conference with comm'r. McCrea. 0.50 87.50 06/19/2003 EGG Telephone conferences with mayor Feliu and Ms. Maria Davis 1.00 175.00 regarding CM contract. 06/19/2003 EGG Telephone conference with Subrata regarding several planning 0.50 87.50 issues, 06/19/2003 EGG Telephone conference with Ms. Sylvia Cadiglia, comm'r. Morales 0.30 52.50 aide, regarding county comm'n. committee rejection of resolution transferring; jurisdiction over certain streets and attention to further, handling needs. 06/19/2003 EGG Reviewed and approved invoice 9041 by Kurzban, etc, in the amount 0.30 ` 52.50 of $2,074.49 for MRP litigation; prepared resolution and city attorney memo. 06/20/2003 EAB E -mail communications with A.C. Mills regarding the Ashbritt 0.30 52.50 contract. 06/20/2003 EAB Attention to Mr. Neil Flaxman's public record request and provided - 0.30 52.50 direction to city clerk; police chief and h.r. director on responding to request. 06/20/2003 LRF Met with Mr. Basu to discuss various planning and zoning matters. 2.80' 490.00 06/20/2003 EGG ',Responded to comm'r. inquiries. 0.20 35.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 5 Total hours: 75.70 Expenses 05/30/2003 Parking Charge 10.00 06/02/2003 Mileage 3.00 06/02/2003 Mileage no 06/12/2003 Parking Charge 6.00: 06/16/2003 Mileage 3.00 06/17/2003 Legal research 41.48 06/23/2003 Mileage 3.00 06/24/2003 Mileage 3.00 06/30/2003 Postage Charge 23.29 06/30/2003 Photocopies 546.75 06/30/2003 Telefacsimile charge 261.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. "o NAGIN GALLOP FIGUEREDOA Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305)854 -5353 Miami, Florida 33133 4741 Facsimile: (305) 854 -5351 July 17, 2003 Hareem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending June 30, 2003, in the amount of $23,485.95, and requisition no 1 41. I have tabulated the amounts currently due on each' individual file as follows: 0022 -002 Real Estate & Contracts Prof1 Services $ 7,840.00 Statement No. 14209 dated 07109103 Disbursements 0.00 Total Due 7.840.00 0022 -003 Williamson Foreclosure Prof l Services $ 525.00 Statement No. 14210 dated 07109103 Disbursements 0.00 Total Due 525.00 0022 -023 ` Parking Garage Contract Prof l Services $ 70.00 Statement No. 14212 dated 07109103 Disbursements 0.00 Total Due 70.00 0022 -027 Bruce v. CSM Code Enforcement ProfI Services $ 1,102.50 Statement No. 14213 dated 07109103 Disbursements 12.00 Total Due 1,114.50 0022 -055 Purchase of 7800 SW 59" Prof 1 Services $ 52.50 Statement No. 14216 dated 07109103 Disbursements 0.00 Total Due' 52.50 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAML July 17, 2003 Page 2 of 3 0022 -061 NRA, et al. V. City of South Miami Prof l Services $ 35.00 Statement No. 14217 dated 07109103 Disbursements 0.00 Total Due 35.00' 0022 -090` Forfeiture of 1990 Jaguar Gray Four Door Prof 1 Services $ 87.50 Statement No. 14219 dated 07109103 Disbursements 0.00 Total Due 87.50 0022 -095 Lazaro D. Tabares - EEOC Prof 1 Services $ 345.00 Statement No. 14221 dated 07109103 Disbursements 15.00 Total Due 360.00 0022 -123 Labor - PBA Police Lieutenants and Prof 1 Services $ 35.00`' Captains Disbursements 0.00 Statement No. 14226 dated 07109103- Total Due 35.00 0022 -124 Maria Anduiza— EEOC Claim Profl Services $ 1,925.00 Statement No. 14227 dated 07109103 Disbursements 4.25 Total Due 1,929.25 0022 -126 Deborah Benfield - EEOC Claim Prof 1 Services Statement No. 14229 dated 07109103 Disbursements 0.00 Total Due 52.50 0022 -128 Maria S. Anduiza v. City of South Miami Prof l Services $ 7,472.50 Statement No. 14231 dated 07109103 Disbursements 349.30 Total Due 7,821.80 0022 -130 OPEIU V. City of South Miami Prof 1 Services $ 87.50 Statement No. 14233 dated 07109103 Disbursements 0.00 Total Due 87.50 0022 -131 Dynabilt v. City of South Miami 'Prof 1 Services $' 0.00 - Statement No. '14234 dated 07109103 Disbursements 27.90 Total Due 27.90 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI July 17, 2003 Page 3 of 3 0022 -132 Jeffrey Griffin Arbitration ProfI Services $ . 210.00 Statement No.' 14235 dated 07109103 Disbursements 0.00 Total Due 210.00 0022 -133 Max Valdes Arbitration ` Prof 1 Services $ 210.00 Statement No. 14236 dated 07109103 ` Disbursements 0.00 Total Due 210.00 0022 -135 Forfeiture of Blue 1998 Mercury Prof 1 I Services $ 70.00 Statement No. 14238 dated 07/09/03 Disbursements 0.00 Total Due 70.00 0022 -136 Rosenbaum v. City of South Miami Prof 1 Services $ 595.00 Statement No. '14239 dated 07109103 Disbursements 0.00 Total Due 595.00 0022 -129 Mark Richman Properties v. City of South ` Prof 1 Services $ 2,362.50 Miami Disbursements 0.00 Statement No. 14347 dated 07109103 Total Due 2,362.50 CURRENT TOTAL DUE $ 239485.95 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission Purchase Order No. ' Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager 1 RESOLUTION NO. -2 3 A RESOLUTION OF THE MAYOR AND _CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR 6 VAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $23,485.95; CHARGING $8,417.50 TO ACCOUNT NO. 1500 -514 - 8 3435, REAL PROPERTY/FORECLOSURE; ; CHARGING 9 $13,796.45 ' TO ACCOUNT NO. 1500- 514 -3410, LEGAL 10 SERVICES, NON - RETAINER; CHARGING $157.50 TO 11 ACCOUNT NO. 615- 1910- 521 -3100, PROFESSIONAL 12 SERVICES, FORFEITURES; AND CHARGING $1,114.50 TO 13 ACCOUNT NO. 1500 -514 -3452, CODE ENFORCEMENT; 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, PA., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 June 30, 2003, in the amount of $23,485.95; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT' RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $23,485.95, are approved for 32 payment and charging $8,417.50 to account no. 1500 -514 -3435, real 33 estate /foreclosure, charging $13,796.45 to account no. 1500 -514 -3410, legal, non- 34 retainer; charging $157.5.0 to account no. 615 - 1910 - 521 -3100, professional 35 services, forfeitures; and charging $1,114.50 to account no. 1500- 514 -3452, code 36 enforcement. 37 38 Section 2. This resolution shall take effect immediately upon approval. 39 Additions shown by underlining and deletions shown by eveFstfiking. s 1 2 PASSED AND ADOPTED this day of July, 2003. 3 4 ATTEST: APPROVED: 6 7 . CITY CLERK MAYOR`' 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor`Feliu: 12 Vice Mayor Russell 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 \ \02srvplaw \prolaw \Documents \0022 \DAJ\18696.doc 21 22 23 24 25 26 27 28 29 30 31 _ 32 33 34 35 36 37 38 39 Page 2 of 2 06/06/2003 EAB Analysis of letter by Mr. Knight regarding special master hearing, 0.30 52.50 settlement, and reconsideration request; and drafted letter to Mr. Knight on these issues. 06/10/2003 EGG Attention to and revised whereas clause in Snapper Creek 0.30 52.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOPA' Attorneys &a Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 - 5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -002 Finance Director Real Estate & Contracts City of South Miami 6130 Sunset Drive Statement No. 14209 City of South Miami, FL 33143 Hours Amount 06/02/2003 EGG Reviewed and executed opinion of title regarding SW 73 Street 0.30 52.50 improvements. 06102/2003 EGG Reviewed and final preparation of NUI gas franchise agreement; 2.90 507.50 transmitted revisions to Mr. Murray, counsel for NUI and transmitted document to comm'n. and city clerk. 06/03/2003 EAB E -mail communication with Mr: Murray regarding NUI gas franchise_ 0.20 35.00 agreement and commission agenda. 06/03/2003 EAB Attention to NUI matter; and e-mail communications with Mr. 0.30 52.50 Murray on finalizing the franchise ordinance: 06/03/2003 EGG ` Attention to parking enforcement RFP. 0.50 87.50 06/03/2003 EGG - Reviewed requested revisions to insurance provision of NUI gas 0.50 87.50 franchise agreement and revised same.` 06/03/2063 EGG Attention to parking enforcement RFP; reviewed cone of silence 1.00 175.00 ordinance; prepared memorandum regarding prohibited conduct to commis and selection committee members; telephone conference with,!,; Mr. Youkilis regarding same: 06/05/2003 EAB Attention to hearing issues related to second reading of ordinance 0.20 35.00 and ;provided email notice of new hearing date of 6/17/03. 06/05/2003 EAB Attention to special master hearing agenda; telephone conference 0.20 35.00 with Mr. Martinez and Mr. Youkilis regarding special master he: aring. 06/05/2003 EAB Prepared for special master hearing; attended prehearing meeting 3.50 612.50 with code enforcement officers; and attended 1.5 hours of the special master hearing process. 06/06/2003 EAB Analysis of letter by Mr. Knight regarding special master hearing, 0.30 52.50 settlement, and reconsideration request; and drafted letter to Mr. Knight on these issues. 06/10/2003 EGG Attention to and revised whereas clause in Snapper Creek 0.30 52.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -002 Statement No.: 14209 Page: 2 annexation agreement. 06/11/2003. EGG Telephone conference with comm'r. McCrea and Mr. Craig Collar, 0.30 52.50 asst. county attorney, regarding revisions to interlocal agreement for Snapper Creek annexation. 06/12/2003 EGG Reviewed county annexation ordinance and related documents; 3.70 '647.50 analyzed interlocal agreement; discussed revisions with Mr. Collar and Ms. Sylvia Crespo - Tabak, OMB, and attended county commission budget and finance committee meeting on Snapper Creek annexation; reviewed email communications. 06/13/2003 EAB Attended RFP pre- proposal meeting with staff and vendors. 1.50 262.50 06/13/2003 EGG Preparing resolution approving annexation of Snapper Creek 0.40 70.00 annexation area. 06/13/2003 EGG Transmitted right -of -way maintenance agreement to counsel for SW 0.20 35.00 70th Apartments LLC for execution. 06/13/2003 EGG Reviewed June 10 letter from Mr. Axelrad, PBA counsel for officer. ' 0.30 52.50 Gamer, presenting disciplinary county offer, transmitted same to Mr. Youkilis 06/16/2003 EAB Attention to RFP matter; e-mail and telephone conference with Mr. 0.50 87.50 Basu on RFP; telephone conference with Mr. Martinez on RPF; and e-mail communications with Ms. Vasquez' as to the minutes of the pre -award vendor meeting. 06/17/2003 EAB Attention to RFP questions and drafted responses; analysis of', 2.00 350.00 responses prepared by Mr. Martinez; and drafted e-mail communication to staff on this issue. 06/17/2003 EGG Telephone conference with Mr. Crosland, laborcounsel, regarding 0.40 70.00 effect of budget adjustments and policy changes on labor agreements. 06/17/2003 EGG Preliminary review of complaint in Rosenbaum v. CSM. 0.50 87.50 06/18/2003 -EGG Reviewed responses to questions asked by potential responders to 0.30 52.50 parking enforcement RFP.' 06/18/2003 EGG Telephone conference with Mr. Youkilis regarding collective 0.50 87.50 bargaining agreements, Snapper Creek annexation and other matters. 06/19/2003 EAB Attention to parking RFP, provided responses to certain questions 1.00 175.00 and provided commentary on form and substance; e-mail communication with a prospective vendor, 06/19/2003 EAB Attention to NUI matter, and finalizing agreement; e-mail 0.30 52.50 communication with Mr. Murray and Ms. Taylor regarding ordinance's final forma 06/19/2003 EAB Attended selection committee meeting with Mssrs. Chalvire, 4.00 700.00 Martinez and Basu, Ms. Stout -Tate and finalized responses to RFP Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONF=IDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID:- 0022 -002 Statement No.: 14209 Page: ;3 questions by vendors. 06/20/2003 EGG Prepared CM contract; telephone conference with Mr. Oshikoya; 4.10 717.50 prepared city attorney memorandum; transmitted same to comm'n. and others. 06/23/2003 EAB Telephone conference with Mr. Knight regarding special master and 0.50 87.50 reconsideration request; telephone conference with Mr. Martinez on this matter; and coordinated meeting between Mr. Knight and Mr. Martinez; telephone conference with Ms. Nancy Berger regarding code' enforcement issues of her client Dorothea Nonner and process to request reconsideration. 06/23/2003 EGG Prepared table of contract issues for use in negotiations; reviewed 0.80 140.00 comments by comm'rs and interim city manager. 06/24/2003 EGG Attended meeting with Ms. Davis on CM contract; telephone 2.50 437.50 conference with mayor Feliu. 06/24/2003 EGG Attended meeting with Mr.' Youkilis, Mr. Oshikoya, Ms Alma 2.00 350.00 Gonzalez, AFSCME counsel, Mr. Jacab Zalaya and Mr. Doug Baker regarding potential unfair labor practices claim; telephone conference with Mr. Crosland regarding same. 06/25/2003 EAB Attention to and began drafting procurement ordinance. 0.60 105.00 06/26/2003 EGG Telephone conference with Mr. Youkilis regarding demand, by 0.30 52.50 AFSCME to desist budget cut measures and further handling needs, and other items. 06/27/2003 EAB Legal research on RFPs, section 286.011 and 119.07, Fla. Stat., 2.50 437.50 cone of silence, and issue of whether ad hoc committee meetings must be open to public; prepared memorandum on these issues. 06/27/2003 EAB Telephone conference with Ms. Berger regarding her client, 0.20 35.00 Nonner's, request for second reconsideration. 06/27 /2003 EGG Telephone conference with Ms. Davis regarding contract 4.30 752.50 negotiations; prepared revisions and prepared memorandum regarding same to all parties. 06/30/2003 EGG Reviewed June 26 letters from Mr. Doug Baker, president, local 0.90 157.50 3294, AFSCME regarding union response to furloughs and reduction in payment of health insurance, and draft response by Mr. Youkilis; reviewed AFSME contract; telephone conference with Mr. Crosland and Mr. Youkilis Total Professional Services 7,840.00 Rate Summary Eve A. Boutsis 17.80 hours at $175.00 /hr 3,115.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. A CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors'' 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -003 Finance Director Williamson Foreclosure -- City of South Miami 6130 Sunset Drive Statement No. 14210 City of South Miami, FL 33143 Amount Hours 06/23/2003 EGG Attended meeting with Mr. Youkilis, Mr. Oshikoya and Mr. 3.00 525.00` Crosland, labor counsel, regarding' changes in employee benefits [reduction in city contribution to health insurance] and other matters; attended meeting with Mr. Youkilis and Mr. Basu regarding planning and zoning matters; attended meeting with Mr. Youkilis and chief Watson regarding disciplinary matter. Total Professional Services 525.00 Rate Summary Earl G. Gallop ` 3.00 hours at $175.00/hr 525.00 Total hours: 3.00 For Professional Services 525.00 For Disbursements Incurred 0.00 Current Balance: 525.00 Previous Balance: -33.00 Payments - Thank you 0.00 Total Due 492.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged' if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 14212 City of South Miami, FL 33143 Amount Hours 06/09/2003 EGG Attention to loan to MRP. 0.40' 70.00 Total Professional Services 70.00 Rate Summary Earl G. Gallop 0.40 hours at $175.00/hr Total hours: 0.40 For Professional Services 70.00 For Disbursements Incurred 0.00 Current Balance: 70.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 70.00 To be properly credited, please indicate Statement Number on your remittance check: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys fy Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -027 Finance Director Bruce v. Code Enforcement City of South Miami 61`30 Sunset Drive Statement No. 14213 City of South Miami, FL 33143 Amount Hours 06/03/2003 EAB Attention to Bruce file including upcoming depositions. 0.20 35.00 06/06/2003 EAB Began drafting answer to counterclaim and began legal research for 1.50 262.50 affirmative defenses and elements of trespass claim. ` 06/08/2003 EAB Drafted city's answer and affirmative defenses to successor 3.00 525.00 trustee's amended counterclaim; and completed research on 768.28, Fla. Stat., and trespass causes of action. 06/09/2003 EGG Attention to affirmative defense, with particular attention to 0.70 122.50 sovereign immunity from trespass unless proper notice of claim is provided. 06/13/2003 EGG Reviewed notice of dismissal of counterclaim for trespass and 0.20 35.00 transmitted same to city comet n. 06113/2003 EGG Reviewed pretrial disclosures and proposed stipulations. 0.50 87:550 06/24/2003 EAB Attention to trial preparation. 0.20 35.00 Total Professional Services 1,102.50 Rate Summary Eve A. Boutsis 4.90 hours at $175.00/hr 857.50 Earl G. Gallop 1.40 hours at $175.00/hr 245.00 Total hours: 6.30 Expenses Mileage 3.00 Parking Charge 9.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP Attorneys Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 - 5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -055 Finance Director. Purchase of 7800 SW 59th City of South Miami 6130 Sunset Drive Statement No. 14216 City of South Miami, FL 33143 Amount Hours 06/27/2003 EGG ` Telephone conference with Mr. Lott and Mr. Youkilis regarding 0.30 52.50 payment of closing costs. Total Professional Services 52.50 Rate Summary Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Total hours: 0.30 For Professional Services 52.50 For Disbursements Incurred 0.00 Current Balance: 52.50 Previous Balance: 105.00 Payments - Thank you 0.00 Total Due; 157.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged` if payment is not received within 30 days. e CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -061 Finance Director NRA, et al. vs. City of South City of South Miami 8130 Sunset Drive Statement No. 14217 City of South Miami, FL 33143 Hours Amount 06/13/2003 EGG Reviewed per curiam affirmance of order denying motion for 0.20 35.00 attorney's fees and order denying appellate fees; transmitted same to ,city comm'n. Total Professional Services 35.00 Rate Summary Earl G. Gallop 0.20 hours at $175.00/hr 35.00 Total hours: 0.20 For Professional Services 35.00 For Disbursements incurred 0.00 Current Balance: 35.00 Previous Balance: 735.00 Payments - Thank you 0.00 Total Due 770.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FiGUEREDOPA` Attorneys Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -083 Finance Director Planning Board City; of South Miami 6130 Sunset Drive Statement No. 14218 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,995.00 Payments - Thank you 0.00 Total Due' 1,995.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854. -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -090 finance Director Forfeiture of 1990 Jaguar Gray City of South Miami 6130 Sunset Drive Statement No. 14219 City of South Miami, FL 33143 Amount Hours 06/16/2003 EGG Reviewed motion for summary judgment in Tabares v; -CSM, 0.50 statement of material facts in support of motion, and memorandum of law. Total Professional Services 87.50 Rate Summary Earl G. Gallop 0.50 hours at $175.00/hr 87.50 Total hours: 0.50 For Professional Services 87.50 For Disbursements Incurred 0.00 Current Balance: 87.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due , 87.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. .�w To be properly credited, please indicate Statement Number on your remittance, check. Payment is due upon receipt. please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL`- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 91 2003 Hakeem Qshikoya Matter ID: 0022 -095 Finance Director Lazaro D. Tabares - EEOC City of South Miami 6130 Sunset Drive Statement No. 14221 City of South Miami, FL 33143 Hours Amount 06/02/2003 EAB Telephone conference with Mr. David Schweigger regarding the 0.40 60.00 Tabares workman's compensation mediation matter. 06/03/2003 EAB E -mail communication with Mr. Earl Garrett regarding the city's 0.20 30.00 motion for attorney's fees and prior notice of the hearing. 06/05/2003 EAB Attended hearing on city's motion for attorney's fees; and drafted 1.70 255.00 , memorandum to file and city manager on outcome. Total Professional Services 345.00 Rate Summary Eve A. Boutsis 2.30 hours at $150.00 /hr 345.00 Total hours: 2.30 Expenses Parking Charge 15.00 Sub -total Expenses: 15.00 Payments 07/03/2003 Payment Ck#41511 397.50 Sub -total Payments: 397.50 i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %0, per month will be charged if payment is not received within 30 days. n. . , ,. ,; , � .. �. �-� „—n �,— ..� -�. �� �. _ . �s�� . a.. .�,�.: CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854- 5351 July 9, 2003 Hakeem 0shikoya Matter ID 0022 -101 Finance Director Hampton Pre- Determination City of South Miami 6130 Sunset Drive Statement No. 14222 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 402.50 Payments - Thank you 0.00 Total Due 402.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP�'' Attorneys Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -113 Finance Director City of South Miami Forfeiture of 1991 Nissan 300zx 6130 Sunset Drive Statement No. 14224 City of South Miami, FL 33143 Payments 07/03/2003 Payment Ck#41511 111`85.40 Sub- total Payments: 1,185.40 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,628.90 Payments - Thank you 1,185.40 Total Due ' 443.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. -- � , CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 facsimile: (305) 854. -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -123 Finance Director Labor - PBA Police Lieutenants City of South Miami 6130 Sunset Drive Statement No. 14226 City of South Miami, FL 33143 Hours Amount 05/31/2003 EGG Reviewed and transmitted verification of election results. 0.20 35.00 Total Professional Services 35.00 Rate Summary Earl G. Gallop _ 0.20 hours at $175.00 /hr 35.00 Total hours: 0.20 Payments 05/09/2003 Payment Ck#041017 735.00 Sub -total Payments: 735.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate' of 1.5% per month will be charged if payment is not received within 30 days. To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 1 CONFIDENTIAL ATTORNEY /CLIENT.PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -.5353 Facsimile: (305) 854 -5351 July 9, 2003` Hakeem Oshikoya Matter ID: 0022 -124 Finance Director Maria Anduiza EEOC Claim City of South Miami 6130 Sunset Drive Statement No. 14227 City of South Miami, FL 33143 Hours Amount 06/02/2003 EAB Prepared affidavits for mayor Feliu, vice mayor Mary Scott Russell, 4.50 787.50 comm'r Randy Wiscombe, former mayor Julio Robaina, comm'r David Bethel, former city manager Charles Scurr, Ms. Jeanette Navarro, Mr. Hakeem Oshikoya, and Mr, Ajibola Balogun; telephone conferences with Ajibola Balogun and Vice Mayor Russell and e-mail communications with each person issuing affidavit. 06/03/2003 EAB Telephone conference with Mr. Balogun, Mr. Oshikoya, Mr. Scurr, 5.00 875.00 Ms. Navarro, and finalized bates numbering, production, response to request for information and city's position statement to FCHR. 06/05/2003 EAB Telephone conference with Ms. Nancy Simmonds, the FCHR 0.30' 52.50 investigator and prepared` memorandum to file. 06/10/2003 EAB Extended telephone conference with Investigator Simmonds and 1.00 175.00 prepared memorandum to file. 06/27/2003 EAB Prepared letter to Ms. Simmonds enclosing further support for the 0.20 35.00 city's position statement. Total Professional Services 1,925.00 Rate Summary Eve A. Boutsis 11.00 hours at $17500/hr 1,925.00 Total hours: 11.00 Expenses Mileage 4.25 Sub -total Expenses: 4.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. .... ......:. .. .....r,,�.-�.., .. , .. , . , , ..,., .,_: ,- :,,•,. _=.-ate � �-� - _.�^�.*;�- ���r�� =�- .�,. -� CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeern 4shikoya Matter ID: 0022 -125 .Finance Director John Hampton EEOC Claim City of South Miami 8130 Sunset Drive Statement No.. 14228 City of South Miami, FL 33143 Payments 07/03/2003 Payment Ck#41511 9,000.17 i Sub- total Payments: 9,000.17 For Professional Services _0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 90;220:91 Payments Thank you 9,000.17. Total Due 1,220.74 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FI GUEREDOPA Attorneys F> Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida '33133 . Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 . July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -126 Finance Director Deborah Benfield'EEOC Claim City of South Miami 6130 Sunset Drive Statement No. 14229 City of South Miami, FL 33143 Hours. 06/20/2003 EAB Attention to Benefield matter and telephone conference with Mr. 0.30 52.50 Milian regarding transcript cost. Total Professional Services 52.50 Rate Summary Eve A. Boutsis 0.30 hours at $175.00/hr 52.50 Total hours: 0.30 Payments 07/03/2003 Payment Ck#41511 3,954.97 Sub -total Payments: 3,954.97 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %o,per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys Fx'Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -128 Finance Director Maria S. Anduiza v. City of City of South Miami 6130 Sunset Drive Statement No. 14231 City of South Miami, FL 33143 Amount Hours 06/03/2003 EAB Telephone conference with Mr. Gallup regarding Anduiza 0.10. 17.50 deposition. 06/09/2003 EAB Drafted the city's response to plaintiffs first request for production, 3.00 525.00 finalized city's response to plaintiffs first set of interrogatories; and prepared e-mail communications to Ms. Navarro, Mr. Balogun, and Mr. Oshikoya. 06/10/2003 EAB Attention to discovery issues; and rescheduled depositions and 0.30 52.50 attention to finalizing interrogatory and request for production documents.' 06/10/2003 EGG Revised attorney -fee notification letter to opposing counsel. 0.60 105.00 06/11/2003 EAB Attention to discovery issues. 0.50 87.50 06/11/2003 EAB Analyzed documents and drafted privilege log identifying privileges, 3.00 525.00 documents' associated with privileges, bates ranges, and type of documents. 06/12/2003 EAB < Attention to discovery matters; completed analysis of documents 1.50 262.50 and extracted privileged or redacted documents; revised - interrogatory responses, and request for production: 06/18/2003 EAB Meeting with Mr. Gallop to review discovery responses and finalized 1.00 175.00 motion for protective order. 06/16/2003 EAB Prepared for deposition. 3.00 525.00 06/16/2003 EGG Attention to status of complaint and discovery; analyzed whistle 2.00 350.00 blower statute, complaint, plaintiffs discovery requests and the city's proposed responses, including motion for protective order. 06/17/2003 EAB Finalized request for production, attorney's fees motions; 4.00 700.00 interrogatories, and privilege log: 06/18/2003 EAB Attended' deposition of Ms. Anduiza. 8.50 1,487.50 06/19/2003 EAB Meeting with Ms. Navarro to redact personnel files and produce 5.00 875.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1 :5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -128 Statement No.: 14231 Page: 2 documents responsive to plaintiffs request for production; drafted letter to Mr. D. Gallup regarding further documents his client is to produced and prepared deposition summary to file; and substantially revised 21-day letter and 57.105 motion based upon deposition testimony of Ms.`Anduiza. 06/20/2003 EAB Substantially revised 21 day letter and motion for fees based upon 1.70 297.50 deposition testimony of plaintiff. 06/23/2003 EAB Analysis of Mr. Gallup's discovery letter; prepared response to Mr. 0.40 70.00 Gallup and e-mail communication to Mr. McDuff on files in his possession, and e-mail communication to Ms. Navarro on employee personnel files. 06/26/2003 EGG Reviewed judicial authorities; final preparation of motion for 4.20 735.00 attorney's fees and memorandum of law. 06/27/2003 EAB Completed document review of all persons involuntarily terminated 3.50 612.50 during Mr. Scurr's tenure in compliance with Mr. Gallup's discovery request; and finalized motion for fees and "21 day letter.',' 06/27/2003 EAB Legal research for caselawsupporting confidentiality and ` 0.40 70.00 exemption from discovery of open. EEOC claims. Total Professional Services 71472.50 Rate Summary Eve A. Boutsis 35.90 hours at $175.00/hr, 6,282.50 Earl G. Gallop 6.80 hours at $175.00/hr 11190.00 Total hours: 42.70 Expenses Legal research 51.30 Mileage 3.00 06/18/2003 Transcripts 295.00 Sub -total Expenses: 349.30 Payment is due upon receipt.- Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA' Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -130 Finance Director OPEIU v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 14233 City of South Miami, FL 33143 Amount Hours 06/13/2003 EGG Reviewed order approving consent election, erratum order, list of 0.50 87.50 eligible voters and memorandum to counsel from PERC; prepared memorandum regarding same to city comm'n. Total Professional Services , 87.50 Rate Summary Earl G. Gallop 0.50 hours at $175.00/hr 87.50 Total hours` 0.50 For Professional Services 87.50 For Disbursements Incurred 0.00 Current Balance: 87.50 Previous Balance: " 192.50 Payments - Thank you 0.00 Total Due 280.00 To be properly credited, please indicate Statement Number on your remittance.check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys ,& Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351' July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -132 Finance Director Jeffrey Griffin Arbitration City of South Miami 6130 Sunset Drive Statement No. 14235 City of South Miami, FL 33143 Hours Amount 06/06/2003 EGG Telephone conference with Mr. Crosland regarding engaging labor 0.70 122.50 counsel to handle arbitration jurisdiction issue and trial; assembled and transmitted documents to same. 06/13/2003 EGG Telephone conference with Mr. Axelrad, PBA counsel, regarding 0.30 52.50 arbitration, selection of arbitrater and further handling: 06/17/2003 EGG Reviewed June 12 letter to AAA by Mr. Axelrad requesting list of 0.20 35.00 arbitrators; reviewed June 17 engagement letter from Mr. Crosland and transmitted same to comm'n. Total Professional Services 210.00 Rate Summary Earl G. Gallop 1.20 hours at $175.00/hr 210.00 Total hours: 1.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED` NAGIN GALLOP FIGUEREDO PA. Attorneys Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -133 Finance Director. Max Valdes Arbitration City of South Miami .6130 Sunset Drive Statement No. 14236 City of South Miami, FL 33143 Amount Hours' 06/03/2003 EAB Analysis of file and telephone conference with Mr. AI Milian, PBA 0.30 52.50 counsel for Officer Valdes; and drafted e-mail memorandum to city manager requesting he prepare memorandum confirming settlement to Officer Valdes's file. 06/17/2003 EAB Telephone conference with Mr. Milian's assistant regarding court 0.40 70.00 reporter invoice; analysis of PBA collective bargaining agreement, arbitraitor's award, and drafted short memrandum. 06/23/2003 EAB Attention to Max Valdes grievance and request by Mr. Milian. 0.20 35.00 06/25/2003 EAB Drafted letter to Mr. Milian regarding written coaching, and 0.30 52.50 conversation with Mr. Youkilis on this matter. Total Professional Services 210.00 Rate Summary Eve A.- Boutsis 1.20 hours at $175,00 /hr 210.00 Total hours: 1.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -135 Finance Director Forfeiture of Blue 1988 Mercury City of South Miami 6130 Sunset Drive Statement No. 14238 City of South Miami, FL 33143 Hours Amount 06/02/2003 EAB Telephone conference with opposing counsel Claudia Pernudi and 0.30 30.00 Detective Patty Wagner' regarding the settlement agreement. 06/03/2003 EAB E -mail communication with Det. Wagner and telephone conference 0.20 20.00 with Ms. Pernudi regarding her client's execution of agreement. 06/05/2003 EAB Telephone conference with Ms. Pernudi and e-mail communication 0.20 20.00 with Det. Wagner on this item. Total Professional Services 70.00 Rate Summary i Eve A. Boutsis 0.70 hours at $100.00 /hr 70.00 1 1 Total hours: 0.70 Payments I 07/03/2003 Payment Ck#41511 100.00 Sub -total Payments: 100.00 i i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. k ,� . CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -136 Finance Director ' Rosenbaum v. CSM City of South Miami l 6130 Sunset Drive Statement No. 14239 City of South Miami, FL 33143 i Amount Hours 06/23/2003 EGG Evaluated complaint and prepared memorandum regarding 3.00 525.00 allegations of complaint and further handling needs; reviewed land development code; attended meeting with Mr. Youkilis and Mr. Basu. 06/25/2003 EGG Attention to receipt of service of complaint and scheduling 0.20 35.00 I response. 06125/2003 EGG Telephone conference with Mr. Stanley Kuperstein, counsel for 0.20 35.00 codefendant, regarding defense of action. 1 Total Professional Services 395:00 Rate Summary i Earl G. Gallop 3.40 hours at $175.00/hr 595.00 Total hours: 3.40 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL'- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGTEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305).854-5353 Facsimile: (305) 854 -5351 July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -129 Finance Director Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Statement No. 14347 City of South Miami, FL 33143 Amount Hours 06/04/2003 LRF Telephone conference with Mr. McCardle. 0.40 70.00 06/06/2603 LRF Conferenced with Mr. Gallop regarding Mr. Oshikoya's inquiry 0.40 70.00 concerning MRP loan. 06/0912003 LRF Prepared response to Mr. Youkilis and Mr. Oshikoya regarding 1.40 245.00 project loan. 06/10/2003 LRF Telephone conference with Mr. Oshikoya; telephone conference 0.80 140.00 with Comm'r McCrea regarding parking garage and loan amount transmitted to Mr. Richman. 06/11/2003 NDH Researched and analyzed cases re: calculation of loss profits for 2.50 437.50 city based on speculation of obtaining zoning approval from city; e- mailed the same to Mr. Figueredo. 06/1212003 LRF Performed research regarding lost profits for settlement of MRP 2.30 402.50 claim. 06/13/2003 LRF Telephone conference with Comm'r McCrea; followed up on issues 2.80 490.00 related;to MRP loan; telephone conference with George McCardle. 06/1312003 EGG Telephone conference with Mr. Weinger regarding preliminary 1.20 210.00 evaluation of case and prepared letter to special counsel to prepare tolling and standstill agreement on litigation while settlement negotiations are pending; requested advice on potetial for adverse award of lost profits; answered emails from commissioners regarding status of negotiations and prepared notice of attorney client meeting: 06/19/2003 EGG Reviewed memorandum on proof of Jost profits and prepared 0.70 122:50 memorandum regarding same to comm'n. 06127/2003 LRF Teleph� one conference with Comm'r Wiscombe; telephone 1.00 175.00 conference with Mr. McCardle. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -129 Statement No.: 14347 Page: 2 Total Professional Services 2,362.50 Rate Summary Luis R. Figueredo 910 hours at $175.00/hr 1,592.50 Earl G. Gallop 1.90 hours at $175.00/hr 332.50 Nakia D. Henry 2.50 hours at $175.00/hr 437.50 Total hours: 13.50 For Professional Services 2,362.50 For Disbursements Incurred 0.00 Current Balance: 2,362.50 Previous Balance: 49621.50 Payments - Thank you 0.00 Total Due 6,984.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor And City Commission FROM: Maria V. Davis City Manager R11, RESOLUTION DATE : July 17, 2003 SUBJECT: Item # Commission Meeting July 22, 2003 Re: Donation: Equipment For the Wellness Center A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MULTIPURPOSE CENTER; ACCEPTING DONATION OF ALL FITNESS EQUIPMENT FROM SOUTH MIAMI HOSPITAL AS A GIFT TO THE CITY'S PARKS & RECREATION DEPARTMENT TO BE USED IN THE FITNESS CENTER OF THE MULTIPURPOSE CENTER; PROVIDING FOR PROVISIONS SET FORTH BY SOUTH MIAMI HOSPITAL; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City of South Miami Parks & Recreation Department is preparing to open the long awaited Community Center at Murray Parka The facility has a wonderful area dedicated for Wellness; two rooms that can combine a variety of strength and cardio equipment that will offer a state of the art center for many, individuals to take advantage of. The Fitness Center is a great opportunity to generate needed revenue at little to no cost for the City of South Miami. South Miami Hospital has indicated that their donation is based on the following that will be accepted by the City of South Miami Commission. • The Wellness Center is named the South Miami Hospital Wellness Center or whatever name they decide is appropriate. • The employees of South Miami Hospital and at Red Road Center will be allowed to use the facility free of charge for five years. The latter will include medical staff as well as Board. Members. • Family members of the Hospital employees will be allowed to gain membership at resident rates. • Two South Miami Hospital employees will. be appointed to the Parks & Recreation Board. The above mentioned criteria is necessary for the City of South Miami to accept in order to furnish a very critical component of our Recreation Center. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 5 MULTIPURPOSE CENTER; ACCEPTING DONATION OF ALL 6 FITNESS 'EQUIPMENT FROM SOUTH MIAMI HOSPITAL AS A 7 GIFT TO THE CITY'S PARKS & RECREATION DEPARTMENT 8 TO BE USED IN THE FITNESS CENTER OF THE 9 MULTIPURPOSE CENTER; PROVIDING FOR PROVISIONS: SET 10 FORTH BY SOUTH MIAMI HOSPITAL; PROVIDING AN 11 EFFECTIVE DATE 12 13 WHEREAS, South Miami Hospital is willing to purchase and donate all fitness 14 equipment for the Multipurpose Center; and 15 16 WHEREAS, The City of South Miami does not have the necessary funds to furnish the 17 Fitness Center; and 18 19 WHEREAS, The provisions set forth by South Miami Hospital are fair and comparable to 20 the amount of money worth of equipment they will provide for the City of South. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI: 24 25 Section 1. Purchase and donation of Fitness Equipment will be provided by 26 South Miami Hospital. 27 28 Section 2. The name of South Miami Hospital will appear in a designated area in the 29 Wellness Center. 30 31 Section 3. This resolution, shall take effect immediately upon execution. 32 33 PASSED AND ADOPTED this day of 2003. 34 35 ATTEST APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 Commission Vote: 41 READ AND APPROVED AS TO FORM: Mayor Feliu: 42 Vice Mayor Russell: 43 Commissioner Bethel 44 Commissioner McCrea: 45 Commissioner Wiscombe: 46 CITY ATTORNEY M78 • 5 -Year Parts Warranty off :# gh P rfDr jam S-Driv.eT Motor and Motor C n'traller $,yfftex • 3- .Fear Paris and Labor Warranty - Including normal wear and iear on all other part Widest Deadbelt in the Industry - 3" Patented Continuous Lubrication, Sysiem 4 S. ► F T $ este r - 11-Gaime Steel Frame ydNformledSteel Pedestal' HRC Heart Rate C'ontrol C'ontact Heart Rafe '°rue 'Tomeh m Semsor Keys uto U er .Tensear hmi- ff CD/Cawse& and Water Bottle Holder Reading Racy RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN BIDS FOR A PROPERTY APPRAISAL FOR CITY- OWNED PROPERTY LOCATED AT 5890 SW 69 STREET, ALSO KNOWN AS THE INSPECTION STATION SITE; PROVIDING AN EFFECTIVE DATE. /Z WHEREAS, at a special City Commission workshop meeting on June 17, 2003' the City Manager presented a draft FY 2003 -04 Budget, which document contained a projected a $1.4 million deficit which would need to be solved as part of the budget adoption process in September, 2003; and WHEREAS, the City Manager's report on the FY 2003 -04 Budget set forth a number of alternatives which could be implemented in order to raise revenue in response to the projected deficit; and WHEREAS, one of the suggested revenue producing alternatives was to sell surplus City -owned property, specifically property located at 5890 SW 69 St. , also known as the inspection station, site; and WHEREAS, the sale and redevelopment of surplus City property at this location would produce needed revenue . and would also encourage new development in the CRA - TODD area; and WHEREAS, the sale of this City owned property will require the City to obtain bids for a property appraisal of the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS; Section 1. The City Manager is hereby authorized to obtain bids for a property appraisal in preparation for the possible sale of surplus City -owned property located at 5890 SW 69 St., also known as the inspection station site. Section 2 This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2003. APPROVED: Commission Vote: Mayor Feliu Vice Mayor .Russell Commission Bethel Commission McCrea Commissioner Wiscombe Miami -Dade My Home My Home �. WO Show Me: rop" Information Search By: _ Select Item IN Text only version Summary Details: Folio No.: 09- 4025 - 028 -2070 FACTIVE TOOL_ SELECT Property: 15890 SW 69 ST .one: Mailing CITY OF SOUTH MIAMI 0040 MUNICIPAL Address: 0/0 Floors: 1 6130 SUNSET DR SOUTH 1 $564,159 dl Sq MIAMI FL Footage: - Total Exem tions: 33143- 5040 31,050 SQFT Property Information: 1971 Primary 7000 INDUSTRIAL'_ .one: Highwa RUC: 0040 MUNICIPAL beds /Baths: 0/0 Floors: 1 Livin Units:0 1 $564,159 dl Sq 1,896 Footage: - Total Exem tions: Lot Size: 31,050 SQFT Year Built:' 1971 $0 OWNSITE OFILARKINS PiBiI Legal 2 -105 LOTS 7 -8 -9 & 30 Description: THRU 35 BLK 16 LOT SIZEIi 225.000 X 138 Sale Information: Page 1 of 2 IAA III °M a [: nn 685 mmim Legend Propert Bounda Selecte Propert 01 1 11-11 SOME n : e: 0/0 , Digital Orthophotography - March 2001 0 97 ft ount: $0 Assessment Information'. ` We appreciate your feedback, please take a minute to complete our survey. Year: Street I 2001 Highwa $481,275 Miami -D Building "Value: County ® Water 01 1 11-11 SOME n : e: 0/0 , Digital Orthophotography - March 2001 0 97 ft ount: $0 Assessment Information'. ` We appreciate your feedback, please take a minute to complete our survey. Year: 2002 I 2001 Land Value`. $481,275 1 $481,2715 Building "Value: $85,074 1 $82,8841 Market Value: $566,349 1 $564,159 Assessed Value: $566,349 1 $564,159 Total Exem tions: $566,3491, $564,1519 Taxable Value: 1 $0' $0 MI-Home I Propert Information I Pronerty Taxes I My Neighborhood I Property_ Appraiser Home I Using Our SM I About I Phone Directory I Privac I Disclaimer If you experience technical difficulties with the Property Information application, please click here to let us know. E -mail your comments, questions and suggestions to Webmaster Web Site © 2002 Miami -Dade County. All rights reserved. http: / /gisims2. co. miami- dade.fl.usIMyHomelpropmap. asp? app= none & bytool= none &cmd= SELECT &cm... 7/8/2003 3 - 14 k1_1 CITY Of SOUTH MIAMI Excellence, Integrity, Inclusion 2001 TO: Honorable Mayor, Vice Mayor DATE: July 15,2003 & City Commission FROM: Maria V. Davis ITEM No-_L3 City Manager All RE: Authorizing the City Manager to execute the Inter-local Agreement for Distribution of Charter County Transit System Surtax Proceeds Levied by Miami-Dade County RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI -DARE COUNTY FOR DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI- DADE COUNTY; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS In accordance with the County's adopted Ordinance No. 02-116, levying and imposing a one half of one percent Charter County Transit System Surtax ( "Surtax") pursuant to the authority of Section 212.055(1) Florida Statue. With this imposed surtax, the city will receive on a pro rata basis upon the ratio the city's population bears to the total population in all eligible cities. The city is required to apply the entire portion of the city's share to supplement, not replace, city's general fund support for transportation and transit purposes. RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: U Inter-local Agreement MVD/WAB 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL 6 AGREEMENT WITH MIAMI -DADE COUNTY FOR DISTRIBUTION OF CHARTER COUNTY 7 TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI -DADE COUNTY; PROVIDING 8 AN EFFECTIVE DATE 9 10 WHEREAS, the Mayor and City commission wishes to accept funding distribution of charter 11 transit system surtax proceeds levied by Miami -Dade County, and; 12 13 WHEREAS, County adopted Ordinance No. 02 -116 levying and imposing a one half of one 14 percent Charter County Transit System Surtax ( "Surtax ") pursuant to the authority of Sec. 212.055(1) 15 F1a.Stats. (2002); and iG$i 17 WHEREAS, Ordinance No. 02 -116 provides that a portion of Surtax 1, proceeds will be 18 distributed annually to certain cities who meet specified conditions; and 19 20 WHEREAS, County and City wish to provide for distribution of Surtax proceeds to City on 21 the terms and conditions provided in the agreement. 22 23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISIOMOF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1: That the Mayor and City Commission authorize the City Manager to execute 27 the Inter -local Agreement for Distribution of Charter County Transit System Surtax Proceeds Levied 28 by Miami -Dade County. 29 30 PASSED AND ADOPTED this day of 92003. 31 32 APPROVED: ATTEST: 33 34 35 36 Ronetta Taylor, City Clerk Horace G. Feliu, Mayor 37 38 39 READ AND APPROVED AS TO FORM: Commission Vote: 40 Mayor Feliu: 41 Vice Mayor Russell: 42 Commissioner Bethel: 43 CITY ATTORNEY Commissioner Wiscombe: 44 Commissioner McCrea: INTERLOCAL AGREEMENT FOR DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI -DADE COUNTY This Interlocal Agreement ( "Agreement ") entered into this _ day of 2003, by and between Miami -Dade County, a political subdivision of the State of Florida ( "County "), and a municipal corporation located within the geographic boundaries of Miami -Dade County, Florida ( "City"). WHEREAS, County adopted Ordinance No. 02 -116 levying and imposing a one half of one percent Charter County Transit System Surtax ( "Surtax ") pursuant to the authority of Sec. 212.055(1) Fla.Stats. (2002); and WHEREAS, Ordinance No. 02 -116 provides that a portion of Surtax proceeds will be distributed annually to certain cities who meet specified conditions; and WHEREAS, County and City wish to provide for distribution of Surtax proceeds to City on the terms and conditions provided below NOW THEREFORE in consideration of the mutual covenants expressed herein, and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge, County and City agree as follows: 1. Net Proceeds shall mean the portion of Surtax proceeds collected by the Florida Department of Revenue ( "DOR ") that is actually distributed to County by DOR. 2. County shall distribute twenty percent of Net Proceeds ( "Municipal Share ") to those cities existing as of November 5, 2002, that continue to meet the conditions specified in Sec.29- 124(0(i) and (ii) of the Code of Miami -Dade County, Florida ( "Eligible Cities "). The Municipal Share shall be distributed among the Eligible Cities on a pro rata basis based upon the ratio each Eligible City's population bears to the total population in all Eligible Cities, as adjusted annually in accordance with the Estimates of Population prepared by the Bureau of Economic and Business Research of the University of Florida. For purposes of the foregoing, whenever an annexation occurs in any Eligible City, the number of persons residing in such annexed area at the time it is annexed shall be excluded) from all calculations. Increases in population in areas annexed over and above the population in such area at the time of annexation which occur after annexation shall be included in subsequent years' calculations. 4. City shall apply all of the portion of the Municipal Share that City receives to supplement, not replace, City's general fund support for transportation. City shall only expend the portion of the Municipal Share that City receives for the transportation and transit purposes specified in Sec. 212.055(1)(d)1 -3 Fla. Stats (2002), as same maybe amended from time to time. 5. City shall, on an annual basis, apply 20% of the portion of the Municipal Share that it (receives to transit uses in the nature of circulator buses, bus shelters, bus pullout bays or other transit - related infrastructure. If City cannot apply 20 % of the portion of the, Municipal Share it receives as provided in the preceding sentence, City may contract with County for County to apply such portion on a County project that enhances traffic mobility within the City and immediately adjacent areas. If City cannot 2 expend the 20% of the portion of the Municipal Share it receives in accordance with either of the two preceding sentences, then such portion shall carry over and be added to the Municipal Share to be distributed amongst the Eligible Cities in the ensuing year and such carried over portion shall be utilized by the Eligible Cities solely for the transit uses enumerated in this paragraph. 6. Net Proceeds distributed to cities incorporated after November 5, 2002, shall not reduce or affect the Municipal Share as defined herein for Eligible Cities. 7. By June 1 St of each year, City shall, in order to be eligible to receive a portion of the Municipal Share for the ensuing year, certify to County that: i) for the current fiscal year it is providing at least the same level of general fund support for transportation that City provided in City's FY 2001 -2002 budget; and ii) it is using the current year's portion of the Municipal Share received in accordance with this Agreement. Such certification shall include a certified copy of City's budget for the current fiscal year, together with a list of the projects (including ongoing or completed projects that a city is paying debt service on borrowed funds) on which the current year's portion of the Municipal Share received is being expended. If City fails to meet the certification requirements, after being given a reasonable opportunity to correct any deficiences, the amount equal to the pro rata portion of the Municipal Share City', is to receive in the ensuing year shall not be distributed to City and shall be distributed among the remaining Eligible Cities. City agrees that the Citizens' Independent Transportation Trust ( "CITT ") shall have the power to monitor, oversee, review, audit and investigate the City's implementation of any project funded in whole or in part with the portion of the Municipal Share received by City. City shall not have to obtain prior approval of the CITT to select the transportation and transit projects on which City will expend the City's portion of the Municipal Share that is distributed to City nor to award contracts therefor. City further agrees that County may, at County's discretion, audit the funds received under this Agreement to assure such funds are utilized in accordance with State Law, Ordinance No. 02 -116 and this Agreement. The rights of the CITT and County under this paragraph shall survive any termination of this Agreement. 9. This Agreement shall remain in effect from year to year for so 'long as County receives Net Proceeds. 10. Notices to City under this Agreement shall be in writing sent by U.S. Mail addressed to: Notices to County under this Agreement shall be in writing sent by U.S. Mail addressed to: County Manager Stephen P. Clark Center 111 N.W. 1St Street 29th Floor Miami, Florida 33128. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on their behalf as of the date first stated above: MIAMI -DADE COUNTY, FLORIDA 3 IN WITNESS WHEREOF, the parties have caused.this Interlocal Agreement to executed on their behalf as of the date first stated above: ATTEST: MIAMI -DADE COUNTY a political subdivision of the State of Florida By: By: Harvey Ruvin, Clerk County Manager (Date) By: County Attorney (Date) City of Executed under authority of City Resolution No. ATTEST: CITY OF , a municipal By: By: City Clerk (Date) 5 CITY OF SOUTH MIAMI Excellence, Integrity, Inclusion TO: Honorable Mayor, Vice Mayor & City Commission FROM: Maria V. Davis �S- City Manager P. DATE: July l5, 2003 South Miami bftd NI- America City 11.1 2001 ITEM No. RE: Authorizing the City Manager to execute a construction contract with TJ Pavement Corp. for the Boat Launch Ramp RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T.J. PAVEMENT CORP_ FOR BOAT LAUNCH RAMP (SW 65TH AVENUE & SW 68TH STREET) AT AN AMOUNT OF $14,500 TO BE CHARGED TO STORMWATER TRUST FUND, CONTRACTUAL SERVICES ACCOUNT NO. 111- 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS The appearance and condition of our canal system has been a great concern to the City and especially for those residents who live along the canal. However, Miami -Dade County, while keeping the canals flowing for hurricanes, has not had the resources to clean -out floating trash and debris from the waterways. Our canal system is separated into "segments" by major roadway crossings, meaning that boats cannot crossover to service other parts of the canal. Therefore, we are proposing this second boat launch ramp so that maintenance companies can gain access to the canals to provide the level of services desired by the residents. During the Community Meeting held with the residents (August 17th 2002 and November 1St 2002) about this proposed Boat Launch Ramp, the proposed location of the ramp and design concept were recommended and agreed to by the residents. Following the meetings Public Works staff received sealed bids, through the City Clerk's office, on February 25, 2003. After the bids were received, the scope of work was reduced as follows: ❑ With the exception of sodding with St. Augustine Floratam, landscaping will not be part of the scope of work, including the trees, gamma grass and limestone boulders. ❑ The furnishing and installation of a new woodrail fence. Page 2 of 2 Comm. Mtg. Agenda July 22, 2003 Thus, reducing the bid price from $23,500 to $14,500. We plan to perform the landscaping portion of the work through in-house crew and our current landscaping contractors. The $14,500 will be funded through the Stormwater Utilities Trust fund account number 111 -1730 -541 -3450. Public Works Department's account management sheet, per submitted requisitions is attached. RECOMMENDATION It is recommended that the City Commission approve the funding for the work. Attachments: ❑ Proposed Resolution Ll Bid Opening Report ❑ Engineering Consultant's recommendation package ❑ Conceptual Plan for the proposed Boat Ramp ❑ Notices of the Community Meeting with project location map ❑ Public Works Department's account management sheet MVD /WAB 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T.J. PAVEMENT CORP. FOR BOAT LAUNCH RAMP (SW 65TH AVENUE & SW 68TH STREET) AT AN AMOUNT OF $14,500 TO BE CHARGED TO _STORMWATER TRUST FUND, CONTRACTUAL SERVICES ACCOUNT NO. 111 -1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide canal maintenance boat ramp at SW 65"' Avenue and SW 68th Street) and; WHEREAS, the construction activities will consist of a 1 to 4 slope at the southeast corner of the canal right -of -way, to include removal of embankment, pavement and installation of gravel, and; WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with T. J. Pavement Corp. for the Boat Launch Ramp for an amount of $14,500. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The city received bids in response to bid invitation notices, for small project, distributed February 18 2003. Section 2: The engineering consultant review the bids and recommended that the contract be awarded to the lowest responsible bidder: T. J Paving Corp. Section'3: The project will be funded through Stormwater Trust Fund, Contractual Services Account No. 111- 1730 - 541 -3450. Section 4: That the Mayor and City Commission authorize the City Manager; to execute an agreement with T. J. Paving, Corp. for the construction of Boat Launch Ramp at SW 65th Avenue & SW 68th Street for an amount of !,$14,500. PASSED AND ADOPTED this day of , 2003. APPROVED: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Horace G. Feliu, Mayor Commission Vote: Mayor Feliu: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe: Commissioner McCrea: South Miami Alt - America Cidy #9 CFA k j �Cax BID OPENING REPORT Bids were opened on: February 25, 2003 at 3:00 pm For: Boat Launch Ramp 650i Avenue SW 68th Street Pre Bid Estimate: CONTRACTORS: BID AMOUNTS: - 1. Williams Paving Co: $30,865.00 2. T.J. Pavement Corp: $ 23,500 .00 THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED City Clerk's Sign: Witness 0- o ness .. ,. r PT ,F • • March 4, 2003 • • • City of South Miami Public Works Department E n g i n e e r s 4795 SW 75th Avenue A r c h i t e c t s Planners .. Miami, Florida 33155 Attention: W._Ajibola Balogun, REM Public Works Director' Reference: Boat Launch Ramp - SW 65th Avenue and SW 68th Street City of South Miami C3TS Project No.: 1929 -14 Dear Mr. Balogun: EB0005022 Per your direction, we invited four qualified bidders who have all isuccessfully completed AAC002142 projects for the city, to submit a proposal for the referenced project. Upon our review of the two bids submitted, we recommend that the contract be awarded to the lowest responsible responsive bidder, T. J. Pavement Corp. We have negotiated scope and price with them in order to get it within the budget, and their price is now $14,500. If you have any questions, or need additional, information, please do not hesitate to contact me at (305) 445 - 2900, or via e-mail at rcastellaCa7c3ts.com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. Project Manager DSB /er Attachments: Bids Received Bid Invitation Contractor Agreement to reduce Scope & Bid Price Copy of Bid Package L:\Projects\ 1929- 14\Correspondence\1 L030403WABalogun.doc 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer FROM :T J PAVEMENT CORP FAX NO. :3052201019 Mar. 05 2003 10:43AM P2 VJ /V9PGVVd J.M5 IIE,&A & -AA VVV77VVVVV 4va.r March 4, 2003 T.J. Pavement Corp. 11401 SW 41P Street. #335 Miami. Rorlda 33166 Attention: Tony Aware Reforenaes goat Launch Ramp E e g l n e c rs SW Or Avenue and 68' Street Prcnttac Planner s 5 City of South Nlfarni C3TS Project No.: 1.929.14 Dear Mr. Alvarez: Per our discussions relative to your bid submitted on Fobruary 25, 2003 for the abovo referenced project, we have agreed as follows 1, With the exception of studding with St Augustine Fioratam, landscaping will not be part of the scope of the Work. That includes the trees, gamma) grass, and limestone boulders. E a ooasozz 2. The furnishing and Installation of a new woodrail fence will not be part of the scope of AAC002142 the work. 3. The scope of the work, as amended by items 1 and 2, will otherwisel remain as per bid package 4. Your lump sUm bid will be reduced from $23,500 to $14,500. Please sign below in the space provided to confirm your agreement with the above. If you have any questions, or need additional information, please do not hesitate to contact raze at (305) 445- 2900, or via a -mall at LcastgKadQo3ts.corn Sincerely, Corzo Casteila Carbalio Thompson Salman, P.A. Ramon Castella, P.E. Principal RC /er 1 agree to odifications to my bid for the referenced project: i Tony AI, T. J. P$ r nt orp. Data Ly AroJnts11924- 141Caa�cpandaioell twoiQSTJPaYeme�fldec '901 Ponca de Leon Siva. Suite VW Cnrni Gnbtms. Flgdnn 33134 305.4451900 1.800.448.0227 Foe»rnuq 305,445.3366 Web Silo: www.r.31r.com Eavcl 0APo /1unify Emolopat SOUTH MIAMI BOAT LAUNCH RAMP SW 657H Avenue and SW 68"' Street CITY OF SOUTH MIAMI, FLORIDA SOUTH MIAMI BOAT LAUNCH RAMP ` SW 65P Avenue and SW 68d' Street CITY OF SOUTH MIAMI, FLORIDA GRAND TOTAL IN FIGURES (LUMP SUM) 7(ois -00 GRAND TOTAL (WRITTEN): I lilit't1y1Oi S Y 1 y - N -b o IIiV) Zoo d6ry S' Bidder: Williams Paving Company, Inc. By: Title: Ron Smith Vice President Telephone: 305-882-1950 Fax: 305 - 882 -1966 Williams Paving Co., Inc. 11300 N.W. South River Drive Medley, Florida 33178 E2-3 1929 -14 • • February 18, 2003 Engineers Rock Power Architects' 5600 SW 135th Avenue Planners Suite 215 Miami, Florida 33183 Attention: Maria Maribent Reference: Boat Launch Ramp SW 65th Avenue and 68th Street City of South Miami C3TS Project No.: 1929 -14 Dear Ms. Maribent: EB0005022 AAC002142 The City of South Miami hereby invites you to submit a proposal for the above referenced project. Enclosed please find the contract, scope of work, and proposal form. Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25th, at 3:00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e-mail at rcastellaOc3ts.com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ram n as'ella Principal RC /er Enc. L:\Projects\ 1929 -14\ Correspondence \1 L021703W illiamsPavement.doc i 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer • February 18, 2003 Engineers Budget Construction Architects Planners 12450 NW South River Drive Miami, Florida 33178 Attention: Alex Sanchez Reference: Boat Launch Ramp SW 65Th Avenue and 68th Street City of South Miami C3TS Project No.: 1929 -14 Dear Mr. Sanchez: EB0005022 The City of South Miami hereby invites you to submit a proposal for the above referenced Aa coo2t42 project. Enclosed please find the contract, scope of work, and proposal form. Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25th, at 3:00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e-mail at rcastelia(c�c3ts.com. ; Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. Principal ' RC /er Enc. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web. Site: www.c3ts.com Equal Opportunity Employer • • February 18, 2003 E n g i n e e r s Williams Paving Co., Inc. Architects Planners 11300 NW So. River Drive Miami, Florida 33166 Attention: Keith Ballard Reference: Boat Launch Ramp SW 65th Avenue and 68th Street City of South Miami C3TS Project No.: 1929 -14 Dear Mr. Ballard: EB0005022 The City of South Miami hereby invites you to submit a proposal for the above referenced AAC002142 project. Enclosed please find the contract, scope of work, and proposal form. Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25th, at 3 :00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305)445 -2900, or via e-mail at rcastellae-c3ts.com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. c_­�; Ramon Castella, P.E. Principal RC /er Encs. t: lProjeds11929- 141t'.orrespondence\1 L021703W illiamsPavement.doc 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site`. www.c3ts.com Equal Opportunity Employer • • February 18, 2003 Engineers T.J. Pavement Corp. Architects 11401 SW 40th Street Planners #335 Miami, Florida 33165 Attention: Tony Alvarez Reference: Boat Launch Ramp SW 65th Avenue and 68th Street • City of South Miami C3TS Project No.: 1929 -14 Dear Mr. Alvarez: EB0005027 AAC002142 The City of South Miami hereby invites you to submit a proposal for the above referenced project. Enclosed please find the contract, scope of work, and proposal forme Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25th, at 3:00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e- mail at rcastella cr.c3ts.com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. Principal RC /er Enc. L: 1Projeds11929- 141CorrespondenceX1 L021703TJPavement.doc 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street CONTRACT THIS AGREEMENT, made and entered into this day of 20—, by and between the City of South Miami, (City), and , (Contractor), (Parties). WHEREAS, the City desires to engage the Contractor to perform services as stated herein. WITNESSETH, that the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the Scope of Work attached as Exhibit "l," necessary to construct the proposed boat ramp and associated improvements. 1.02 THE CONTRACT SUM A. The City shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents. B. Based upon the price shown in the Proposal heretofore submitted to the City by the Contractor, a copy of said Proposal being a part of these Contract Documents attached as Exhibit "2 ", the aggregate amount of this Contract is the sum of M. 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall .prosecute the work with faithfulness and diligence and shall complete the work not later than six (60) calendar days after the commencement date established in the Notice to Proceed. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All specifications and Contract items contained in this Contract have been read and carefully considered by the Contractor, who understands the same and agrees to their 00000 -1 1929 -14 South Miami Boat Launch Ramp SW 65t6 Avenue and SW 68th Street sufficiency for the work to be done. "It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the City than against the Contractor.' B. , Any ambiguity or uncertainty in the scope of work shall be interpreted and construed by the City's Engineer or approved representative and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the City; its Engineer, or by any agent or representative as in compliance with the items of this Contract and/or of the Project Manual `covering said work, shall not operate as a waiver by the City of strict compliance with the terms of this Contract, and/or the Project Manual covering said work; and the City may require the Contractor and/or his insurer to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and/or services which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and/or his insurer, immediately after Notice to either, to repair or replace' any such defective' materials and workmanship shall entitle the City, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the City and/or his insurer, who shall in any event be jointly and severally; liable to the Contractor for all damage, loss and expense caused to the City by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. ' 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the City will retain the amount of one hundred dollars ($100) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the City will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damage .sustained by the City in the event of such default by the Contractor. B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. I i 00000 -2 1929 -14 South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street 1.06 NO BOND REQUIRED PROJECTS A. In the absence of bond, the Contractor hereby agrees to receive payment only upon full completion of all work, and acceptance by the City. 1.07 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the , prejudgment interest. 1.08 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. 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. 1.09 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into .a binding agreement. 1.10 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall applyto, inter alia, all subconsultants and subcontractors, suppliers and labors.' 1.11 TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Sub- Contractors, as shown on Exhibit 2, unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors or omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company; or other financial institution without the City's approval. 00000 -3 1929 -14 South -Miami Boat Launch Ramp, SW 65th Avenue and SW 68`h Street Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 1.12 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination; excerpts, and transcriptions. B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 8.1 above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. C. The right to access and examination of records in subparagraph 8.1 shall continue until disposition of any mediation, claims, litigation or appeals. 1.13 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.14 SEVERABILITY Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 1.15 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and Contractor has not, and will not, payer fee the amount of which is contingent upon the City awarding this contract to Contractor. B. - Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City" of South Miami conflict of interest and code of ethics ordinances. 00000 -4 1929 -14 South Miami Boat, Launch Ramp SW 65th Avenue and SW 68th Street C. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Contractor. 1.16 WARRANTY OF AUTHORITY The signatories to this contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. 1.17 DEPENDENT CONTRACTOR The Contractor is furnishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer-employee relationships. 00000 -5 1929 -14 —� - '7 South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of, which shall, without proof or accounting for the other counterparts, be deemed an original Contract. City of South Miami, Party of the First Part (Seal) By: Attest: City Manager City Clerk Contractor Party of the Second Part WITNESS: (If corporation, attach Seal and attest by Secretary) By: Title APPROVED AS TO FORM AND APPROVED AS TO FINANCE: LEGALITY: By: City Attorney Director of Finance City of South Miami City of South Miami ( *) In the event.that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. r i 00000 -6 1929 -14 South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street CERTIFICATE (Sample) STATE OF FLORIDA) ) ss COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of Florida , held on , 20 -, the following resolution was duly passed and adopted: "RESOLVED, that as President of the corporation, be and he is hereby authorized to execute the Contract dated 20 , between the City of South Miami ; a municipal corporation, and this corporation, and that this execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation.' I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20' Secretary 00000 -7 1929 -14 South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street TRENCH SAFETY ACT COMPLIANCE Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et sea. which became effective October 1, 1990, shall be in effect during the period of construction for the project. The Bidder, by signing and submitting the bids, in writing, assuring that it will perform any trench excavation in accordance with applicable trench safety standards. The bidder further identifies the following; separate item costs of compliance with the applicable trench safety standards as well as the methods of compliance: Methods of Compliance (fill in methods) Total $ Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above will result in the bid being declared non- responsive. The Bidder 'is, and the City and Engineer are not, responsible to review or assess Bidder's safety precautions, programs- or costs, or the means, methods, techniques or technique adequacy, reasonable of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et seq. cited as the "Trench Safety Act ". Bidder is, and the City and Engineer are not, responsible to determine of any safety or safety related standards apply to the project, including but not limited tom the "Trench Safety Act ". Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed) Sworn to and subscribed before me in the Sate and County first mentioned above of the day of , 20 (affix seal) Notary Public My Commission Expires: 00000 -9 1929 -14 rll 11 1,7 South Miami Boat Launch Ramp SW 651h Avenue and SW 68`h Street ACKNOWLEDGMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS TO THE CITY OF SOUTH MIAMI: We, hereby acknowledge and agree that as Contractors for the construction of Engineer's Project within the limits of the City of South Miami, Florida, that we have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold harmless the City of South Miami and its Consulting Engineers against any and all legal liability or loss the City or the Engineer may incur due to failure to comply with such act. ATTEST CONTRACTOR BY: NAME i ATTEST DATE END OF SECTION 00000 -10 1929 -14 EXHIBIT 1 SCOPE OF WORK SOUTH MIAMI: BOAT LAUNCH RAMP SW 65TH Avenue and SW 681h Street CITY OF SOUTH MIAMI, FLORIDA The proposed project involves the construction of a boat launch ramp at the intersection of SW 65th Avenue and SW 68th Street, within the public right -of -way. This facility is needed in order for the City to properly maintain the adjacent canal. The project includes minor street modifications, landscaping, railing and gate - installation, in addition to the construction of the ramp itself. The attached site plan, landscaping plan and details describe the proposed improvements. E1 - 1 1929 -1.4 i 3 i a i i z o Zm I I IR p I> -F tg I Wm I I I i I i I I °� LL - t Y I O Z Q 2 �, w W LU CD L3 w o 1 I Q > 000soa 1 1 OI I I� It I I r ti �l I I 1 I I n° Of.cn odnn riL ¢MUn IQ,LCLc1-��( I I 1OIS Qmi Ili / I II II o J Iplw WOL I J /l 1 I I 11 �� V >�oa J W Q Z m¢ rc o Q°° � 04 °w 0 U) a Z Q] a j ,° O O ♦) Nm V � wn. 0 (o o m. 6 V uj Q << F I II I i I 1 D Z'JQ. Z a,oN U• U) O oa -'u Cl) < Cl) 5 V W o I If i 1 I I I I I „® 1 I I I 1 I I I 1 I I 1 II I i 1 I I I i I _ I II I I I I III I t-- -- -II -. - --�- ---- I' - - -_. _. i-- __- -I'- I'-- "-- F- ------- ---I -O I II I 1 I I I I I 1 I I I 1 I I I I I I i I ti I I I I I. 1 1 I I I 1 I I I I I I I 1 I I I I 1 11 I, I 1 1 I I I I 1 1 1 Q I I I I I I I I IF 1 I 1 I I I cq x xr I I V1, a r LLJ CL Q i" it i Q O NJ n W I Ik7�F i �'1t";r 1 3 '� I, Ld I U -- - - - - -- \ Z"i LWi.,u3�1F � r s �% i��� I g `� �'�Cfl U'�'�z ��a�� 4-Fa� � r ���,,,• e � 1 �'w a �� � � k =r - �� Ns#€ F 4 2 W t� zy`y Imo' 'd �pyp^,^� w? F F- �wrf l w.. On o Q�o a m o = .�. -;--•, -- r- r-�- �.- ... -.-7 ... ,.,�- �- TT--`.- ..- .— r- . -,'.;- ..,"Tr --^ -rte- -c „xis �, a, -�"s' er kr i'^���-,�.,. d oV South Miami CITY OF so MIAMI AbIlA mwicaCffy • INCORPORATED Excellence, Integrily, Inclusion .1927 - �ORX9� 2001 Community Meeting Boat Launch Ramp What: A community meeting to get neighborhood input and ideas for a possible boat launch ramp. The purpose of the boat launch ram is to provide P p access ccess for canal maintenance and cleaning. When: This Saturday, August 17th at 9:00 AM Where: The corner of 65th Avenue and 68th Street. Questions: If you have any questions please call Public Works at 305- 663 - 6350. f Sours South Miami o �r C ITY OF SOUTH MIAMI ��- AmecaEOy INCORPORATED. • Excellence, Integrity, . Inclusion 1927 2001 Second Community Meeting Boat Launch Ramp What: A community meeting to get neighborhood input and ideas on the design plan for the proposed boat launch ramp. The purpose of the boat launch ramp is to provide access for canal maintenance and cleaning. When: Friday, November 1st 2002 at 4 :30 PM Where: The corner of 65th Avenue and 68th Street. Questions: If you have any questions please call Public Works at 305 - 663 -6350. City of South Miami SW 68 Street & SW 65 Avenue Boat Lounch Notification Distribution for Workshop #2 = 52 properties 6390 j 0 1 0 6641 SW 64TH ST HARDEE DR saol � 6401 6400 saol 0 6400 6610 6540 6506 8502 6650. 6630 O+ 6411 0 6410. 6411 ri 6421 6420 0 6421 6609 6521 6511 6501 6649 6629 < E6450 6510. 6421 6420. 6431 a SW 65TH ST 6511 6431 6430 30 a - 6520 -3 00 .6508 SW 65TH $T. 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TE 0y 0 O ph r ON mcn A ® F (n A!z s Z co 1 0 0 r �Zya Z C) z 01 F p 0) (^ ® �m rn - _. ... o k 0. m ^ W ^Z A o - -- I i — T - -- I - - - -- �h I 0, � Z v! � 0 C 000W 00'- A r Z o I r NOD° $ N I I I III //I I COjO j Z >1 C Z C 0 o W IIII IpI I� -- - - -� -I i ® �_ o m W m rC� I I I �� !IV r N I'I� I/ 4 I I�� cn n 0 0 0 0 O >OXm�n iIH� IIII �q:WI 0•• In to > -1 I Ul W I 1111'1911 I' I r z z < of e` r > n Z �dd.0 qo O IIj� !� . I 1 I I I I LiC I Z I I O 11� I'ql al I I I I I I 1111111 ,118 71 co N A A .Z N / n n n n o 7 O b 0 a 0 04 sour � South Miami CITY OF SOUTH MIAMI INCORPOR I I , .27 9 Q' Excellence, .Integrity, .Inclusion 20ol ORt TO: Honorable Mayor, Vice Mayor DATE: July 22, 2003 & City Commission FROM: Maria V. Davis ITEM No. -P City Manager t% RE Authorization to hire two recently vacated positions in Public Works Division RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO HIRE TWO RECENTLY VACATED POSITIONS IN THE PUBLIC WORKS DIVISION; PROVIDING AN EFFECTIVE DATE. BACKGROUND The City Commission directed the City Manger to freeze all positions that were considered non - essential., Any request to hire new positions had to be approved by the Commission. On December 3, 2002, the City Commission was informed that certain positions were to be exempt from the hiring freeze. There are two recently vacated positions in the Public Works Department, Auto Mechanic and Landscape Maintenance Worker U. These positions are crucial to the effective and efficient operation of the department. RECOMMENDATION Approval is recommended. attachments 1. Resolution. N" /jen I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR 6 BUDGET; AUTHORIZING THE CITY MANAGER TO FILL TWO 7 RECENTLY VACATED POSITIONS, ;AUTO MECHANIC AND LANDSCAPE 8 MAINTENANCE WORKER II, NOTHWITHSTANDING THE CURRENT 9 HIRING FREEZE; PROVIDING AN EFFECTIVE DATE. 10 1 I WHEREAS, the City Commission directed the City Manager to place a hiring freeze 12 on all non - essential positions due to current revenue conditions ; and 13 WHEREAS, any requests to hire new employees 'must be authorized by the City 14 Commission; and 15 WHEREAS, staffing is below minimum levels which makes it critical to staff these 16 positions; and 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 21 SECTION 1. That the City Manager is hereby authorized to fill the following positions: 22 a. Auto Mechanic (effective immediately). 23 b. Landscape Maintenance Worker H (effective immediately). 24 SECTION 2. 25 This Resolution shall take effect immediately upon approval. 26 PASSED AND ADOPTED THIS DAY OF , 2003. 27 APPROVED: 28 29 MAYOR 30 ATTEST: 31 32 CITY CLERK 33 READ AND APPROVED AS TO FORM: Commission Vote: 34 Mayor Horace G. Feliu 35 Vice Mayor May Scott Russell 36 CITY ATTORNEY Commissioner David D. Bethel 37 Commissioner Dan McCrea 38 Commissioner Randy G. Wiscombe 39 40 RESOLUTION NO. 103 -01 -11251 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF NON- CRITICAL LIFE SAVINGW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager recently informed the City Commission of the potential shortfall in our revenue due to reduction in property assessment for the Shops At Sunset Place; and WHEREAS, the City is using $600,000.00 from its cash reserve to balance the current fiscal year's budget; and WHEREAS, the City Commission wants to be proactive in terms of budget deficits by minimizing the actual amount of cash reserve used by the City in the current and next fiscal years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby directed to freeze hiring of non- critical life saving _new -- employees in the current and next fiscal years, or until the City revenue conditions improve significantly. Section 2. The City Manager is hereby directed not to hire any new non - critical life saying employees without the proper authorization of the City Commission. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24`h day of Jam, 2001. ATTEST: APPROVED: CI Y CLERK MAYOR Commission Vote: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Wiscombe: Yea CITY ATTORNEY Commissioner Bethel: Yea (as amended 7/24/01) Commissioner Russell: Yea Additions shown by underlining and deletions shown by evetstMdn. t; SOUT� QTR South Mlaml F 1 o r t d a F • INCORPORATED • 1927 .C+t U R I 0 2001 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: July 20, 2001 and City Commission From: Charles Scurr Re: Agenda Item City Manager Current and next fiscal year budgets- hiring freeze REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF - NEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Feliu and Commissioner Wiscombe directs the City Manager to freeze hiring of new employees until the City revenue conditions improve significantly. The City Manager has informed the City Commission of potential shortfall in the City's revenue due to reduction in property assessment for the Shops At Sunset Place. RECOMMENDATION Approval is recommended. 4 SOUT South Miami. ' CITY OF SOUTH MIAMI • INCORPORpTEO • t 927 o A Excellence, integrity, Inclusion 2001 TO: Honorable Mayor, Vice Mayor & City Commission FROM: Maria V. Davis City Manager RESOLUTION DATE: July 22, 2003 ITEM No.10 RE: Authorization to hire for Parks & Rec. Director and Planning Director A RESOLUTION OF THE MAYOR AND CITY COMMISSIQN OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO HIRE FOR PARKS AND RECREATION DIRECTOR AND PLANNING` DIRECTOR; PROVIDING AN EFFECTIVE DATE. BACKGROUND The City Commission directed the City Manger to freeze all positions that were considered non - essential personnel. Any request to hire new positions are to be approved by the Commission. On December 3, 2002, the City Commission was informed that certain positions were to be exempt from the hiring freeze. The Director of Parks & Recreation and the Director of Planning have submitted resignations. These are critical positions that must be filled to ensure continuity and the effective and efficient operation of the departments. 17DTK�T►T ►�I�1►1i711Y[1�►1 Approval is recommended. attachments 1 Resolution. MVD /jen I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 6 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO 7 HIRE FOR PARKS AND RECREATION DIRECTOR AND PLANNING 8 DIRECTOR; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission directed the City Manager to place a hiring freeze 11 on all non - essential personnel due to current revenue conditions ; and 12 WHEREAS, any requests to hire new employees must be authorized by the City 13 Commission; and 14 WHEREAS, these are critical positions that must.be filled to ensure continuity and the 15 effective and efficient operation of the departments. 16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 18 19 SECTION 1. That the City Manager is hereby authorized to fill the following positions: 20 a. Parks and Recreation Director (effective 8/03). 21 b. Planning Director (effective 8/03). 22 SECTION 2:' 23 This Resolution shall take effect immediately upon approval. 24 PASSED AND ADOPTED THIS DAY OF , 2003. 25 APPROVED: 26 27 28 ATTEST: 29 30 CITY CLERK 31 READ AND APPROVED AS TO FORM: 32 33 34 CITY ATTORNEY 35 36 37 38 MAYOR Commission Vote: Mayor Horace G. Feliu Vice Mayor May Scott Russell Commissioner David D. Bethel Commissioner Dan McCrea Commissioner Randy G. Wiscombe RESOLUTION NO. 103 -01- 11251 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING' OF NON- CRITICAL LIFE SAVING 7�TNEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY ;PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager recently informed the City Commission of the potential shortfall in our revenue due to reduction in property assessment for the Shops At Sunset Place; and WHEREAS, the City is using $600,000.00 from its cash reserve to 'balance the current fiscal year's budget; and WHEREAS, the City Commission wants to be proactive in terms of budget deficits by minimizing the actual amount of cash reserve used by the City in the current and next fiscal years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby directed to freeze hiring of non- critical life saving new- employees in the current and next fiscal years, or until the City revenue conditions improve significantly. Section 2. The City Manager is hereby directed not to hire any new . non - critical life saving employees without the proper authorization of the City Commission. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24th day of July, 2001. ATTEST- elo 641�, nA City CLERK MAYOR READ AND APPROVED AS TO FORM: CITY (as an L d �/ A 'TORNEY led 7/24/01) Commission Vote: 5 -0 Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner Russell: Yea Additions shown by underlining and deletions shown by ever-stfik-i-ng. MEMORANDUM To: Honorable Mayor, Vice Mayor Date: July 20, 2001 and City Commission Agenda Item From:. Charles Scurr Re: A g City Manager Current and next fiscal year budgets- hiring freeze REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF NEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Feliu and Commissioner Wiscombe directs the City Manager to freeze hiring of new employees until the City revenue conditions improve significantly. The City Manager has informed the City Commission of potential shortfall in the City's revenue due to reduction in property assessment for the Shops At Sunset Place. RECOMMENDATION Approval is recommended. MMIVI a soul; 77 INCORPORATED ^4 0 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: July 22, 2003 City Commission *I • Item No. From: Maria V. Davis RE: Modification to City Manager Resolution no. 167 - 01 11315 REQUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MODIFYING RESOLUTION NO. 167-01-11315 AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: The resolution 167 -01- 11315, which was approved in November 6, 2001, indicated the funds for the Miami Dade Water and Sewer Department fees for the Multi - purpose Center Phase II building to be charged to Safe Neighborhood Fund. The fee was assessed in the amount of $32,142.75 for a combined water and sewer connection charge. The majority of the Safe Neighborhood Grant Fund has been allocated to the construction of the building. The City, currently has received additional funding, for infrastructure construction through US EPA State Tribal Assistance Grant (STAG). This funding is available for water main related expenditures and the proposed charge is an allowable expenditure. The fund account number is 001 -0000- 132 -2061 and the current balance in this account is $ 485,000. RECOMMENDATION Staff recommends approval of the request. Attachments: Draft Resolution Resolution no. 167 -01 -11315 sb WCGRUMPLANNING \Comm Items\2003 \07 -22 -03 \rescind reso 167 -01 -11315 report.doc 1 2 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MODIFYING RESOLUTION NO. 167 -01 -11315 AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Resolution no. 167 -01 -11315 was approved by the City Commission on November 6, 2001 by a 5 -0 vote; and, WHEREAS, the Resolution preliminarily identified Safe Neighborhood Bond Fund for Water and Sewer connection fee; and, WHEREAS, the Safe Neighborhood Bond Fund has been primarily been used for the building; and, WHEREAS, other funding sources are now available for infrastructure construction including potable water related improvements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The resolution number 167 -01 -11315 is hereby modified and the City Manager is authorized to charge the Water and Sewer fee to US EPA State Tribal Assistance Grant (STAG) fund (account number 001- 0000 - 132 -2061) Section 2:. The Resolution 167 -01 -11315 is made apart of this resolution for back up information Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2003. APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Russell: Commissioner McCrea: Commissioner Bethel: Commissioner Wiscombe: 07/13/2003 23:15 3056687208 RESOLUTION A RESOLUTION OF THE 1V, THE CITY OF SOUTH J AGREEMENT WITH MIAMI. SOUTH MIAMI FOR WATER FOR THE MULTI- PURPOSE WATER AND SEWER DEPT PARK -PHASE II, ID 417688 PT CITY OF SOUTH MIAM:( PAGE 02 s ' l 167 -01 -11315 Z AND CITY COMMISSION OF 11, FLORIDA, RELATING TO COUNTY AND THE CITY OF SANITARY SEtVER FACILITIES R KNOWN TO MI.A?t!IT -DADE ENT (MDWASD) AS MURRAY SING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Co fission of the City of South Miami wishes to provide water and sewer services to the rn lti- purpose center through Miami -Dade Water and Sewer Department; and. WHEREAS, the City shall connect to MDWNASD "s twelve (12) inch watermain located at SW 68" Street and Commerce Lane andl extend service to the Muti - purpose center as indicated in Section 5, Points of Connecti* of the agreement; and. the City shall connect to MbWASD's 8 -inch gravity st tiwer inain abutting the property on both the southern and western boundaries and extend service to the Muti- purpose center as indicated in Section 5,,P41nts of Connection, of the agreement; and, WHEREAS, the C'it`` intend to construct bluilding units and/or uses in the Multi- purpose center for which the total average daily *11onagge, per MDWASD established rates, is four thousand five hundred ninety -eight (4 595) gallons, resulting in COMbiLmd water and sewer connection charges in the amount 6f thirty -two thousand one hundred forty-two dollars and seventy -five cents ($32,142.75):! to be paid by the city; and, WHEREAS, the City intend to pay tho connection fee and applicable documents recording fees from the Safe Neighborhoodl Bond funds allocated for the project; and, @gi NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTI# MIAMI, FLORIDA; Section 1. The City Manager i4 authorized to enter into an agreement with Miami Dade County for Water and Sewer Vacilities to the Multi- purpose Center, .r . Additions shown by urideriininn end deletions shown by o 12003 23:15 3056687208 I CITY OF SOUTH MIAM:C PAGE 03 i I ct on 2. That the attached ag ement, Agreement for Water and Sanitary Sewage Facilities between Miami -Dade County and The City of South Miami, be made a part of the resolution. i -Section 2, This resolution shall �e effect -immediately upon approval. PASSED AND ADOPTED this 66 hday of November V2001. ATTEST: APFR4 P CI Y CLERK MAY Commission Vote: 5-0 READ AND APPROVED AS TO FORM: Mayor Robaina_ Yea ,- Vice Mayor Feliu: Yea w Commissioner Wiseombe: Yea CITY ATTORNEY Commissioner Bethel: Yea R Commissioner RusseIl:'' Yea I Page ;2 of 2 Res, ;# 167y -01 -11315 i Sou 7, CITY OF SOUTH MIAMI South Miami Excellence, Integrity, Inclusion • .INCORPORATEC • 1927 N: O trig P 2001 TO: Honorable Mayor, Vice Mayor DATE: July 22, 2003 & City Commission I if p FROM: Maria V. Davis RE: Selection of the committee City Manager on the Parking RFP A committee was selected by then Acting City Manager Sanford A. Youkilis to review and identify the top ranked firm to provide their services for the comprehensive parking program for the City of South Miami. The panel consisted of the following members; Assistant City Manager, Orlando Martinez de Castro Director of Parking for the City of Coral Gables, Bill Carlson Development /CRA Director, Subrata Basu Purchasing Manager, Kathy Vazquez The City received three (3) responses on June 27, 2003 as the result of the published RFP notice. The three companies that responded were as follows; 1) Stroyne Brothers South Inc. 2) Standard Parking 3) AAA Parking On Thursday, July 10, 2003 the committee met and evaluated the companies, making a unanimous recommendation to propose the top firm for the City to enter into contract. The company identified by the committee was Stroyne Brothers South Inc. Recommendation It is recommended that the City Commission authorize the City Manager to enter into an agreement with Stroyne Brothers South Inc. and that the City Manager be directed to negotiate a contract with the selected company and place that contract before the City Commission on September 16 2003 for final approval. MVD /OMC 1 RESOLUTION 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, AUTHORIZING THE CITY MANAGER TO ENTER INTO 5 A TWO -YEAR CONTRACT WITH RENEWALS- OF THREE -YEARS (ONE 6 YEAR INCREMENTS) WITH ` STROYNE BROTHERS SOUTH, INC., 7 RELATING TO PROFESSIONAL SERVICES FOR THE COMPREHENSIVE 8 PARKING PROGRAM FOR THE CITY OF SOUTH MIAMI PROVIDING AN 9 EFFECTIVE DATE 10 11 WHEREAS, in accordance with the provisions of the City of South Miami Charter, the City 12 Administration solicited bids for a new contract for a comprehensive parking program, and 13 14 WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for Professional 15 Services, and 16 17 , WHEREAS, the City received a total of three (3) responses as a result of the published notice 18 (Stroyne Brothers South Inc., Standard Parking and AAA Parking), and 19 20 WHEREAS, The City Manager accepts the unanimous recommendation of the selection 21 ' committee under advisement and agree to contract with the top ranked firm, and 22 23 WHEREAS,, The City, having followed the requirements established by Florida Statute 287.055: 24 Acquisition of Professional Services for parking services, recommends the top ranked ; company of 25 Stroyne Brothers South, Inc. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 28 THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section l: That the City , Commission authorizes the City Manager to enter into contract with 31 Stroyne Brothers South Inc., the top ranked firm for comprehensive parking program for the City of 32 South Miami. 33 34 Section 2: That the contractual agreement will be brought back to the City Commission for final 35 approval on September 16t" 2003, 36 37 PASSED, AND ADOPTED this 22 day of July, 2003. 38 39 ATTEST: APPROVED: 40 41 42 CITY CLERK MAYOR 43 44 Commission Vote: 45 READ AND APPROVED AS TO FORM: Mayor Feliu: 46 Vice Mayor Russell: 47 Commissioner McCrea: 48 CITY ATTORNEY Commissioner Bethel: 49 Commissioner Wiscombe 50 tom— INCORPORATED CITY OF'SOUTH MIAMI South Miami Excellence, Integrity, Inclusion 2401 TO: Sanford A. Youkilis DATE: July 10, 2002 Acting City manager nv FROM: Orlando Martinez de Cas o RE: RFP Selection Committee Assistant City Manager Please be advised that the city released an RFP for parking services contract on May 3e 2003 The deadline for submitting the proposals was on June the 27th 2003. Three companies submitted proposals. Pursuant to your request the selection committee met today at 2 PM to review the three companies that responded. The panel voted independently and unanimously' chose Stroyne Brothers South Inc. as the selected contractor to provide the services outline in the RFP. Recommendation The panel recommends that the City enter into a contract with Stroyne Brothers South Inc. for their parking management program. Attachments: (1) Rating Sheets (2) RFP submitted c� a� �a o �> c '� a V' 0 U c� a� 8 0 U '.o 0 O Cd O C Q cr cd cd 'd 40'' G ap y o 0 0, a O° s Q' Z O 0 o • � �' � � a, ro o ° 0 O eet 3 O a � � W c �a U w a� 0 V "Z! ro a 0 O cd Cd • `� a� 40. ° cz 14� Cd U" 40 r •� sm O as o �> U p G � v V CON r� O 'n tn O O •-+ N N M O ai Q «3 O Cud c v 00 °o c� `} 7:1 0 �.�� W� U W p cM C' L .; �p b.A Qa a v 0 U c Nc� I 0 C1 C" L bA �✓ R-r Z � p "C� a '� � � O •� m _ tro cn — N m References Date / d J For: Standard Parking AAA Parking ✓ Stroyne Bros. Parking;, Performance level Satisfactory Yes No Tyne of Service: 1, Enforcement(citations): Yes No 2. Collections: Yes / f No 3. Repair and Maint of meters: Yes v"' -- No 4. Installation of new meters /poles: Yes No Note: If the company is responsible for the re 'rs of the meters, what is their turn around time in repairing them: Years of Service: ) X ears 1. Do they have an existing contract? , Yes No If yes, how many years are left: 2. Is the contract with a governmental institution? Yes No 3. Does the company provide a turn key operation,like the City of South Miami? Yes No a. If the answer yes to a turn key operation, how many meters do they service? 4. Is the service being provided in Miami - Dade? Yes // No 5. Is the service being provided in the State of Florida? Yes No 6. Would you recommend their services and re- hiring; Yes V No' iding information for h Name or Organization: Other Coi - M. , � A a W- � 14 L9 Watt.", References Date 7-,If—"- 0 For: Standard Parking AAA Parking 'Stroyne Bro&' Performance level Satisfactory es No Tyne of Service: 1. Enforcement(citations): Yes No 2. Collections: Yes No 3. Repair and Maint of meters: Yes No 4. Installation of new meters/poles: Yes �— No Note: If the company is responsible for the repairs c the meters, what is their turn around time in repairing them: Years of Service: Years 1. Do they have an existing contract? Yes No If yes, how many years are left: 2. Is the contract with a governmental institution? Yes No 3. Does the company provide a turn key operation like the City of South Miami? Yes No - a. If the answer yes to a turn key operation, how many meters do they service? 4. Is the service being provided in Miami-Dade? Yes ✓ No 5. Is the service being provided in the State of Florida? Yes– V' No 6. Would you recommend their services and re-hiring: Yes V" No Name an Ve 'd' information for this form: kcqn p ov]. information Name Title \I,- Name or Organiza I Other Comments: References Date 7114 Id For: Standard Parking AAA Parking IBM& Parkiog�,,' Performance level Satisfactory Yes No Type of Service- 1. Enforcement(citations): Yes No 2. Collections: Yes I No 3. Repair and Maint of meters: Yes Vl No 4. Installation of new meters/poles: Yes�= No Note: If the company is responsible for the repairs of the t hat is 14�� repairs in meter t �eir turn around time in repairing them: Years of Service: Years 1. Do they have an existing contract? Yes V/ No If yes, how many years are left: 2. Is the contract with a governmental institution? Yes 3. Does the company provide a turn key operation like the City of South Miami? Yes— No a. If the answer yes to a turn key operation, how many meters do they service? 4. Is the service being provided in Miami-Dade? Yes No 5. Is the service being provided in the State of Florida? Yes No 6. Would you recommend their services and re-hiring: Yes Name and Title of Person providing information for this form: I- 4,L Nanre Name or Organization- -7 /7 t EXHIBIT 1 City of South Miami — 'Stroyne Bros. Parking Management Contract Field Maintenance Program, Specifications Field Inspections In addition to the regular parking meter inspection and maintenance schedule, weekly inspections of all parking meter posts, sign faces and sign posts shall be conducted by the Contractor's field personnel. Deficiencies will be addressed in accordance with the completion time specifications listed below *: Required Correction Completion Time from Date Reported Damaged or defaced sign within 5 business days Bent parking meter post within 5 business days Missing or damaged parking meter heads within 72 hours shorter completion times will be required for hazardous conditions, such as a meter post bent so severely as to compromise pedestrian or vehicular safety. Field Repair Report A monthly report summarizing the month's repair activity is to be submitted to the Public Works Department. The report should be submitted within the first five (5) working days of the month following the prior month. A blank report form is provided in Exhibit 3 of the contract. PROACTIVE MAINTENANCE SCHEDULE Maintenance Activity Frequency Parking meter posts - repaint every 18 months Sign faces - replace every 36 months or when 30 -50% faded PARKING METER MAINTENANCE SPECIFICATIONS All parking meters are inspected daily and repairs are made within twenty four (24) hours. The City reserves the right to request from time to time copy(s) of meter repair records. e a PARKING MANAGEMENT CONTRACT Prior to 1985 the City ran its own Parking Operation and the results were poor. There were numerous malfunctioning meters and the enforcement was spotty at best.. The City was not receiving the anticipated parking meter revenue therefore a study was done concerning the feasibility of a parking management arrangement. At that time the City had a little over 200 meters. , In 1995 the City of South Miami signed its first Parking Management Contract with Stroyne Bros. The Parking Ticket Revenue in 1985 was $77,029. In 19861 it was $178,744. In 1990 the City improved the Contract by making- it possible to monitor the total Parking Meter operation =all fiscal aspects of the Organization. (See 1993 -94 Budget Letter). Since 1995 the City has been able to accurately forecast its Parking Revenue. Our Meters are repaired quickly and our enforcement is consistent In 2001 -02 our Parking Revenue (meters and tickets) was $1,169,743. The City has retained control of the Parking Program. It has retained the right to set parking fees, the number and placement of meters and the hours of operation. Over the years the City has increased the number of meters, increased fees and changed the hours of operation. Presently we have 747 Meters of which 509 are Downtown. As fees and hours of operation and 'number of meters have increased so have the revenues. the Budget Committee unanimously endorses the continuation of this Contract finding that it is of great benefit to the City.` We believe that this is an example of Privatization at +�ts hest. Laving said that we do have some' recommendations. (1) The City should look into the purchase of a new Cushman for this program (2) There are two non- worldng Cushmans at Public Works. If they cannot be repaired they should be sold at the upcoming Auction i (3) We invite you to look closely at the Field Maintenance Program Specifications (Exhibit 1 of the Contact) requiring that any deficiencies be corrected within a specified time period. We believe that all City Departments should have to comply j with like conditions. (4) Any request for temporary suspension of Parking Enforcement (e.g. for private parties or special events) should be done by Commission vote. (5)At the present time we cannot recommend an increase of Parking Meters or an increase of Parking Fees. It appears that we are presently metered out and that we are at the high end of parking fees. These issues should be reviewed yearly. In conclusion, we recommend that this Contact be continued, i Jun -13 -03 02:000 From -NAGIN GALLOP EREDO 305- 854 -5351 CITY OF SOUTH MIAMI INTER— OFFICE bWWRANDUM To: Mayor and city comm'n. Sandy Youkilis, interim city manager Ronetta Taylor, city clerk Kathy Va2quez, purchasing manager Mr. Bill Carlson, parking director, City of Coral Gables Subrata Basu, acting planning director Orlando Martinez, ass's. city manager C" T -171 P.001 /003 F -638 Date: June 3, 2003 From: Earl G. Gallop, city attorney Re: RFP for city's comprehensive parking program On Monday Mr. Youkilis announced that the RFP for the parking program was released last Friday, May 30, and advised that the "cone of silence" is now in effect. Knowing that all commissioners and selection committee members desire to maintain the integrity of the RFP selection process and to avoid prohibited conduct, this memorandum provides additional guidance. Under various Florida, Miami -Dade County and city laws, • Commissioners may not commnunicate between or among themselves about the subject matter of the RFP, except at a properly noticed, public meeting. This prohibition includes communications transmitted by or received from intermediaries. Intermediaries includes, but are not limited to, the counsel 'for, principal or other representative of a proposing party, residents and non- residents, and any other person who attempts to communicate with commissioners about the matter prior to the transmission of the city manager's selection recommendation_ • Commissioners must not seek to influence the recommendation of the city manager in any way. They should refrain from discussing the subject matter of the RR, the nature of the likely 'vendors, and any other subject regarding the selection with the manager prior to transmission of his selection recommendation. Commissioners may request the city manager to advise the commission regarding the selection process and Jun -13 -03 02:61pm From -NAGIN GALLOCJEREDD 305- 854-5351 T -171 A.002 /003 F -638 Memorandum to: Mayor and City Comm'n Sandy Youkilis, Interim City Manager - Ronetta Taylor, City Clerk Bill Carlson, Parking Dir., City of Coral Gables Subrata Basu, Acting Planning .Director Orlando Martinez, Ass't. City Manager June 3, 2403 Page 2 of 3 the status of the selection. The requests should be made in writing, or orally of a public meeting, and the manager should respond to the requests at a public meeting. • The city manager is prohibited from discussing any subject relating to the selection with a commissioner, except at a public meeting, or with a vendor, representative, or an intermediary . A representative of a vendor may request clarification of the RTP in writing. The request and response shall be made a part of the public record, and shall be transmitted to all vendors. Questions may be addressed to the city manager, or designee, at a noticed, public meeting, which may be called to answer questions about the RFP or to interview vendors. • Commissioners are prohibited from communicating with any member of the selection committee about any subject relating to the RFP. Commissioners should take extra care to direct any communication about other city business to Mr. Basu or Mr- Martinez through the city manager until a contract is executed with a vendor. • Selection committee members are prohibited from communicating with commissioners about the RFP and the selection of a vendor at any time, and with vendors, their representatives and intermediaries. Selection committee members may respond to written inquires, as a group and not individually, and may communicate with vendors and their representatives at the publicly noticed, pre - proposal meeting and scheduled interviews. • Vendors, their representatives and intermediaries are prohibited from contacting the manager and members of the selection committee in an attempt to influence the selection decision. Apart from submitting questions in writing and attending the scheduled interviews, there must be no contact with the manager and members of the selection committee about the selection. • Commissioners, the city manager and selection committee members should disclose any unauthorized communication with any vendor, representative or i11teI7]]edlary regarding the RFP or selection of a vendor at the public meeting at which the vendor will be selected. 305-654 -5351 T-171 P.003/003 F-638 Jun- 13 -03' 02:O1pm From -NAGIN GALLOP �� .REDO � K Memorandum to: Mayor and City Comm'n Sandy Youkilis, Interim Oty Manager Ronetta Taylor, City Clerk Bill Carlson, Parking Dir., City of Coral Gables Subrata Basu, Acting Planning Director Orlando Martinez, Ass't. City Manager June 3, 2043 Page 3 of 3 Violation of these prohibitions may be punished by civil ,fine, criminal penalty or public reprimand. Please contact me if any questions arise about communications prior to or during this RFP selection process. Also, please provide a copy of this memorandum to any person who requests a copy of the RFP. CITY OF SOUTH NIIAIVII REQUEST FOR PROPOSAL The City of South Miami will receive sealed proposals on or before June 27, 2003 at 5:00 p.m. from qualified, interested firms to enter into a Management Agreement to Promote, Operate, and Maintain a Comprehensive Parking Program. The completed proposal must be submitted in sealed envelope, addressed to the City Clerk's office, 6130 Sunset Drive, South Miami, Florida 33143, and plainly marked on the outside as follows: "SEALED PROPOSAL TO PROMOTE, OPERATE AND MAINTAIN A COMPREHENSIVE PARKING PROGRAM CITY OF SOUTH MIAMI, FLORIDA" A complete Request For Proposal document can be obtained from the City Clerks office or can be downloaded from the City website www.cityofsouthmiam"i.net. A mandatory pre - proposal conference is scheduled on June 13, 2003, at 2:00 P.M. at the City Commission Chamber, 6130 Sunset Drive, South Miami, Florida. Miami -Dade County's "Cone of Silence" Ordinance 98 -106 specifically prohibits communication in regard to this proposal solicitation with. the City of South Miami staff except by written means, with copy filed with the City Clerk. The City of South Miami does not bind itself to accept the lowest fee but reserves the right to accept any proposal deemed to be in the best interest - of the City of South Miami, to waive any irregularities in any proposal and/or to reject any or all proposals for any reason, and to re- advertise for new proposals. For further information, please contact Mr. Orlando Martinez, Assistant City Manager at (305) 668- 25 10 or Omartinez@ ityofsouthmiami .net Ronetta Taylor City Clerk v SFF}3 wwn F ' REQUEST FOR PROPOSAL TO PROMOTE, OPERATE AND MAINTAIN A COMPREHENSIVE PARIaNNG PROGRAM CITY OF SOUTH MIAMI, FLORIDA May 30, 2003 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 TABLE OF CONTENTS I. Request for Proposal I II. Instruction to Proposers 2 Introduction Scope of Services Time Table Pre- Proposal Conference Cost Incurred by Proposer Right to reject and/or to Negotiate Review of Proposal Rules, Regulations and Licensing Requirements III. General Provisions 5 IV. Proposal 8 Attachment I :Management Fee Proposal Attachment 2Management Plan Attachment 3: Qualification Form Attachment 4:Financial Statement Attachment 5:Florida Public Entity Crime Statement Attachment 6:Disability Non- Discrimination Statement a CITY OF SOUTH MIAMI REQUEST FOR PROPOSAL The City of South Miami will receive 'sealed proposals on or before June 27, 2003 at 5:00 p.m. from qualified, interested firms to enter into a Management Agreement to Promote, Operate, and Maintain a Comprehensive Parking Program per conditions and instructions outlined herein. An unbound original and five (5) copies, a total of six (6), of the completed proposal must be submitted in sealed envelope, addressed to the City Clerk's office, 6130 Sunset Drive, South Miami, Florida 33143, and plainly marked on the outside as follows: SEALED PROPOSAL TO PROMOTE, OPERATE AND MAINTAIN A COMPREHENSIVE PARKING PROGRAM CITY OF SOUTH MIAW FLORIDA" IT WILL BE THE SOLE RESPONSIBILITY OF THE PROPOSER TO DELIVER THE PROPOSAL TO THE CITY CLERK'S OFFICE ON OR BEFORE THE CLOSING HOUR AND DATE SPECIFIED HEREIN. A mandaW I pre- proposal conference is scheduled on June 13, 2003, at 2:00 P.M. at the City Commission Chamber, 6130 Sunset Drive, South Miami, Florida. Miami -Dade County's "Cone of Silence" Ordinance 98 -106 specifically prohibits communication in regard to this proposal solicitation with the City of South Miami staff except by written means, with copy filed with the City Clerk. Certain exceptions are made such as oral communications during pre - proposal conferences. This takes effect upon advertisement for Request for Proposal and terminates when the City Manager makes recommendation for award to the City Commission. In addition to any other penalties provided by law, violation of Ordinance 98 -106 by any proposer shall render any proposal disqualified. The City of South Miami does not bind itself to accept the lowest fee but reserves the right to accept any proposal deemed to be in the best interest of the .City of South Miami, to waive any irregularities in any proposal and/or to reject any or all proposals for any reason, and to re- advertise for new proposals. For further information, please contact: Mr. Orlando Martinez, Assistant City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Telephone: (305) 668 -2510 Fax: (305).663 -6345 Omartinez _ itvofsouthmiami.net Page l of 16 INSTRUCTION TO PROPOSERS INTRODUCTION The City of South Miami intends to enter into a Management Agreement with a qualified firm or legal entity to Promote, Operate, and Maintain a Comprehensive Parking Program for the City of South Miami. The City of South Miami is an incorporated municipality within Miami-Dade County. The City has an active downtown area generally bounded by US 1, Red Road and SW 74th Street and 'a secondary commercial area at the north end. The City is about 2.5 square miles in area with a population of slightly over 10,700. The City extends generally from Bird Road in the north to Kendall Drive/Snapper creek Canal to the south, Red Road (SW 57"h Ave) to the east and SW 69P Ave primarily forming the west boundary. The City is located approximately 10 miles south west of downtown Miami and shares boundaries with City of Coral Gables, un-incorporated Miami —Dade County and Village of Pinecrest. The purpose of the City's parking program is to optimize the use of the available parking spaces by maintaining a reasonable turnover of cars in the available spaces. The parking, program also controls commercial parking intrusion into the residential areas through strategic location of 'Parking meters and other parking control devises. The current parking program includes approximately 750 Duncan meters adopted to receive Cash Key. Parking meters in four of the areas throughout the City are also used for decals. The City currently has two (2) motorized carts available for the enforcement personnel. The agreement envisions the City to enter into a two (2) year agreement with three (3), one year extensions with the successful Proposer. For the services provided, the successful Proposer will be compensated with an administrative fee to cover all the administrative, personnel and operational costs. An y pre-approved replacement of equipment and/or acquisition of new equipment will be compensated on a reimbursable basis. SCOPE OF SERVICES: The following are the major objectives to be achieved through full implementation of the proposed Management Agreement. ■ To provide the City with an efficiently managed parking system. ■ To promote, operate and maintain the City's parking meters and the decal parking areas. ■ To maximize the available parking. ■ To respond to both short term parkers (shoppers) and long term parkers (employees and office workers of the area) needs. ■ To enforce and administer state statutes, county and city ordinances related to parking. ■ To enforce and administer valet parking ordinance. ■ To purchase and install new parking meters and all necessary signs. ■ To collect, transport and account for all monies from the City's parking meters and all the revenues generated through citations and forfeitures. ■ To provide customer-focused service and resolve conflicts and or attend to complaints. Page 2 of 16 Ff • To maintain an effective communication with the downtown merchants, business and property owners and the residents. • To assist the City Administration in developing parking policies. • To assist the City Administration in coordinating special events. • To attend City Boards and Committee meetings relative to parking issues. TMETABLE: (All the dates and times are subject to change) RFP available for Distribution: May 30, 2003 Pre- proposal Conference (mandatory): June 13, 2003 at 2:00 P.M. Deadline to receive Proposals: June 27, 2003 at 5:00 PM Interviews (if conducted): Week of July 7, 2003 Selection of successful Proposer: July 22, 2003 Contract Approval September 16, 2003 Contract Start Date: October 1, 2003 PRE- PROPOSAL CONFERENCE: A mandatory Pre - proposal conference is scheduled for June 13, 2003, at 2:00 p.m. at the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida. Only the proposals submitted by Proposers who attend the Pre- proposal conference shall be considered for further evaluation. Prospective Proposers should submit questions in writing in advance of the conference. All written questions may be mailed /emailed or faxed to Mr. Orlando Martinez, Assistant, City Manager. All questions, inquiries., requests for clarifications must be received by the City no 'later than June 12, 2003 at 5:00 PM. COST INCURRED BY PROPOSERS: All expenses incurred for the preparation and submission of the proposals, for any effort required or work performed in connection to the proposal shall be the responsibility of the Proposer and will not be reimbursed by the City. RIGHT TO REJECT AND /OR NEGOTIATE: The City has the right to reject any and/or all proposals, or to waive any irregularities. The City also does not bind itself to accept the lowest fee offer, but reserves the right to accept any proposal which is in the judgment of the City, and is most advantageous to the City. The City may award the contract on the basis of initial offers received but reserves the right to enter into contract negotiations with the selected Proposer. If a successful contract cannot be negotiated, the City's terminate negotiations and begin negotiating with the next selected Proposer. This pr; ocess Y continue until a contract has been executed. REVIEW OF PROPOSALS: Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements specified elsewhere in the RFP. Non - responsive proposals will be eliminated and Page 3 of 16 will not be reviewed for further consideration. The primary criteria to be used to evaluate each of the responsive proposals by the Staff and other appropriate Advisory Boards, are as follows Proposer's experience in managing and operating a comparable municipal parking system in a location of comparable importance as well as experience in managing a decentralized parking system. Knowledge of local area will be viewed favorably. Management Fee proposal /Cost effectiveness of the proposal. Management Plan/Allocation of personnel and other resources Proposers financial capability to provide the services required under this Management Agreement. . RULES REGULATIONS. LICENSING REQUIREMENTS: The Proposer shall comply with all Federal, State, and local laws, ordinances and regulations applicable to the services contemplated here. COMPLETE APPLICATION: The following information must be submitted for the Proposal to be considered complete. Incomplete applications will not be considered for further review by the City. Properly executed Proposal Attachment 1: Management Fee Proposal Attachment 2: Management Plan Attachment 3: Proposer Qualification Form properly filled out. Attachment 4: Proposer's Financial Statement. Attachment 5: Public Entity Crime Form properly executed. Attachment 6: Disability Non Discrimination Statement. Page 4 of 16 GENERAL PROVISIONS The following provisions are not to be viewed as formal or final conditions. These provisions will form the basis for developing the final agreement with the successful Proposer and do not represent a complete list of terms and conditions. A complete and final agreement will be drafted after an successful Proposer has been selected and the contract awarded. 1. The successful Proposer shall supply all labor, transportation (except otherwise noted herein), materials and equipment necessary to perform the Scope of Work as outlined in the RFP document. 2. The successful Proposer must be a legal entity and is authorized to do business in the State of Florida. The successful Proposer must have a minimum of Ten (10) years of experience in administering, operating and maintaining municipal parking programs. 3. Before submitting a proposal, it is the responsibility of the proposer to be acquainted with the City's Parking program and the Scope of Work, n 4 The meter collection hours are from 8 AM to 12 midnight, seven (7) days a week. The City Commission, as the policy making body, has the authority and the power to change the hours as it sees fit. 5. The successful Proposer, at all times, shall have sufficient qualified personnel on duty to fulfil the requirements and the obligations outlined in this RFP. 6. The proposer will be responsible to co- ordinate all parking related activities with appropriate parties for all special events. 7. The parking revenue shall be collected weekly. The frequency of the collection is subject to change by the City, if deemed appropriate. All revenue collected from the meters and revenue generated through citations and forfeitures shall be processed and deposited to the City designated depository the same business day. The proposer to prepare monthly financial statements. 8. The proposer will repair any broken metars within twenty four (24) hours of notification. 9. All maintenance, painting and repair of meters, meter posts, signage and other deficiencies must be completed within a reasonable time. All the meters, meter posts, signage shall at all times be in good working conditions and or shall not create eye sore. The successful Proposer may be required to mobilize the maintenance effort on an as needed basis to respond to emergencies. As part of the agreement, the successful Proposer will also be required to develop a preventive maintenance schedule for the City's approval. The successful Proposer will furnish the city with a monthly maintenance activity report summarizing all of the work orders accomplished during the prior month. Page 5 of 16 10. The personnel employed by the successful Proposer are not considered to be employees of the City and as such will not be entitled to any of the City benefits. However, they represent the City to the public and must maintain a standard of cleanliness, appearance and a code of conduct required of a City employee. The City shall have the right to request removal of Successful Proposer personnel, if in the City's discretion the person creates a negative image for the City. 11. All the enforcement personnel employed by the successful Proposer shall be well groomed and easily identifiable as City of South Miami Parking Enforcement Officer. 12. The City of South Miami will supply a minimum of two (2) motorized carts for enforcement. 13. The successful Proposer is required to provide necessary training to all enforcement. personnel so the City may be assured that they are capable of assuming the responsibilities of respective assignments and be certified to write parking citations in 'Miami -Dade County prior to assumption of duties. They must posses validFlorida successful Proposers drivers License and will have to undergo a criminal and background check. Any cost and time associated with such training shall be the responsibility of the Successful Proposer. 14. Notwithstanding any provision to the contrary, the successful Proposer, as an independent contractor,, shall fully indemnify, defend and save harmless the City, its agents, officers, and employees, from any and all claims, losses, suits,, actions, damages or causes of action for any personal injury, loss of life, damage to property or any other injury or damage, which may arise as a result of the successful Proposer's omissions, willful, unlawful or negligent act(s) in fulfillment of the terms of this agreement, or as a result of the services and products provided through this agreement, and shall indemnify City from and against all cost, attorney's fees, expenses and liabilities incurred in the defense of any such claim and investigation thereof. 15. Certificates of Insurance, in accordance with the following requirements, will be required during the full term of the Agreement. The successful Proposer shall furnish Certificate of Insurance to the City prior to the commencement of operation. 16. The successful Proposer shall obtain and maintain in force for the length of the agreement General Liability Insurance Coverage or its equivalent with at least a combined single limit of $100,000.00 per person and $200,000.00 per occurrence for bodily injury and property damage liability. • The successful Proposer shall obtain and maintain in force during the life of this agreement Worker's Compensation insurance in compliance with statutory limits for all employees of the Provider and not only as required for Florida Statute 440. • The policy or policies of insurance required shall be written in a manner such that the policy or policies may not be canceled or materially changed without 60 days advance written notice to the City of South Miami. Written notice shall be sent to: City of South Miami Page 6 of 16 6130 Sunset Drive South Miami, Florida 33143 -5093 Attention: Finance Director ■ All liability insurance policies shall be endorsed to name the City of South Miami as an additional insured. The additional insured endorsement may be qualified to restrict the rights of the City as an insured to those hazards within the scope of the contract. ■ " The auto liability insurance should cover owned, non -owned and hired autos with combined single limits of at least $1,000,000.00. 17 As evidence of good faith, and to insure the execution of an agreement and the filing of a Performance Bond, the proposer must include a Certified Check, or Cashier's Check, or Treasurer's Check or Bank Draft of $1,000 with all proposals submitted. The check or the draft must be issued by an incorporated National or State Bank, payable to the City of South Miami. In lieu of a check or a bank draft a Surety Bond of equal value payable to the City of South Miami and written through a local surety bond agency licensed to do business in the State of Florida in 'a form acceptable to the City Attorney may be submitted with the proposal. The check or the bank draft or the Surety Bond shall become due and payable, as liquidated damages upon failure of the successful Proposer to execute the agreement and file a satisfactory Performance Bond within fifteen (15) days following the City Commission approval of the contract. In the event of the rejection of any proposals, the accompanying check or Surety Bond will be returned without interest. 18 Prior to commencing work, the successful Proposer will have to provide a Performance Bond in the amount of $50,000.00, for the duration of the agreement, as a surety to the successful completion of the successful Proposers obligation. The Performance Bond shall be issued by a corporate surety bond company licensed to do business in the State of Florida or in a form that is acceptable and approved by the City Attorney. 19 Proposers are hereby notified that all information submitted as part of this RFP will become public document and as such will be available for public inspection after opening of responses in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law It should also be noted that all the financial information of the successful Proposer, include but not limited to, bank accounts, audit reports, related to the agreement may also be subject to public inspection in compliance with Chapter 119, and 286, Florida Statutes. 20 The successful Proposer agrees to maintain all books, records and other documents relative to this Scope of Work in a generally acceptable manner and continue to maintain such records for a period as may be required by law after the termination of the Agreement. The City or its authorized agents shall have full access to and right to examine any of the said material during this period. Page 7 of 16 PROPOSAL Submitted: 2003 TO: City of South Miami South Miami, Florida PROJECT: Promote, Operate, and Maintain a Comprehensive Parking Program Gentlemen: The undersigned as Proposer hereby declares that the only person or persons interested in the Proposal as principal or principals is or are named herein, and that no other person herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal, is made without connection with any other person, company or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Proposer further declares that the Proposer has examined the documents and visited the site and that the Proposer is fully aware of all the conditions pertaining to the Proposal. The potential successful Proposer wishes to enter into an Agreement with the City of South Miami, Florida, to Operate, and Maintain a Comprehensive Parking Program for a period of two (2) years with renewable in three (3) one (1) year increments at the sole discretion of the City of South Miami.' Enclosed are the following attachments as required: Attachment l :Management Fee Proposal Attachment 2:Management Plan Attachment 3:QualificationForm Attachment 4:Financial Statement Attachment 5:Florida Public Entity Crime Statement Attachment 6:Disability Non - Discrimination Statement The full names and addresses of persons and firms interested in the foregoing Proposals, as principals, are as follows: 1: 2. 3. SUBMITTED BY: (Firm /Corporation /Joint Venture) Address: City State Zip Code Signature Title Signature Title Page 8of16 ATTACHNWNT 1' MANAGEMENT FEE PROPOSAL The Proposer submits the following Annual Management Fee, valid for the initial period of two (2) years, as a compensation for the services to be provided. Fees at the subsequent renewal years will be reviewed and may be renegotiated, if deemed appropriate by the City. (amount in words) (amount in numbers) Management Fee will be disbursed, monthly, to the successful Proposer on a prorated basis. The Management Fee will ' be considered as the full and complete compensation for all administrative, promotional, operational and maintenance expenses related to the Scope of Services required under this RFP. Any additional compensation, on a reimbursable basis, will only be allowed for pre-approved! replacement of equipment and/or pre - approved acquisition of new equipment. I Page 9 of 16 ATTACBMENT 3 PROPOSER QUALIFICATION FORM The undersigned certifies that the information provided herein is true and sufficiently complete so as not to be misleading. Submitted by: Corporation Partnership Joint Venture' 1. How many years have you been the successful Proposer of a Municipal Parking Facility /System? 2. Give names, locations, and dates of operations of places where operated (local municipal P experience referred). P TYPE & NAME OF OPERATION LOCATION DATE a. b. C. d. 3. List below contact names, addresses, and telephone numbers for the operations listed above. OPERATION CONTACT ADDRESS/ NAME PERSON TELEPHONE # a. b. C. a. Page 11 of 16 4. Has the Proposer defaulted on any previous agreement of similar scope? YES NO If yes, give details on separate sheet. Proposer Qualification Form Cont'd 5. Bank Referenced: BANK ADDRESS a. b. C. d. 6. Provide at least three references as to the Proposer's experience and ability to promote, operate and maintain Parking Facility: a. b. C. 7. Have you carefully inspected the site? YES NO 8. Have any of the principals ever been convicted by a court of law of any violation other than traffic or parking violations? YES NO 9. Any pending litigation? YES NO If yes to questions 7, S, or 9, please explain: The Proposer understands that information contained in this qualification form is to be relied upon by the City of South Miami in awarding the proposed contract and such information is warranted by the Proposer to be true. Page 12 of 16 ATTACHMENT 4 FINANCIAL STATEMENT Attach a Financial Statement certified by either an appropriate Corporate Officer or an independent Certified Public Accountant. Provide any other information to establish Proposer's financial capability to provide the services required under this Management Agreement. Page 13 of 16 ATTACBMENT 5 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by (Print name of the Public Entity) for (Print Individual's Name and Title) (Print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is (if the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for ,goods or services to be provided to any, public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charge brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. j 4. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (1) (e) Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Page 14 of 16 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies): Neither the entity submitting this sworn statement, or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a'public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity as been charged with and convicted of a public entity crime subsequent to Jul 1, 1989. However, there ty g Pu tY �1 Y has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted proposer list. (Attach a copy of the Final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE' IN THE INFORMATION CONTAINED IN THIS FORM (Signature) Sworn to and subscribed before me this day of 120 Personally known Or Produced identification Notary Public -State of My Commission expires (Type of Identification) (Printed, typed, or stamped commissioned name of notary public) Page 15 of 16 _ .,,, ie at; ATTACHMENT 6 DISABILITY NON- DISCRINIINATION STATEMENT THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to City of South Miami by (print individual's name and title) for (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include Social Security Number of the individual signing this sworn statement.) I, being duly first sworn state that the above named firm,',, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any Sub- Contractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities,' renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 1210112213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Tide IV, Telecommunications; and Title V, Miscellaneous Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Sections 5553.501 - 553.513, Florida Statutes. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended 42 U.S.C. Section 3601 -3631 Signature Sworn to and subscribed before me this day of ,20 Personally known Or Produced identification Notary Public -State of My Commission expires (Type of Identification) (Printed, typed, or stamped commissioned name of notary public) Page 16 of 16 77 CITY MANAGER'S OFFICE soul, South Miami 6130 SUNSET DRIVE O � SOUTH MIAMI, FLORIDA 33143 F v A"medcaNy 305 / 663 -2510 v INCORPORATED • 1927 . �OR1�P .2007 June 19, 2003 To those concerned: Attached, please find a copy of all the questions and applicable attachments: a� Si erely, eland Martinez de Cas ro Assistant City Manager C: File South Miami Florida x AR- r10 ON l 2°°1 City of South Miami City Manager's Office 6130 Sunset Drive South Miami, Florida 33143 The following questions were derived by Mr. Manuel Grossy, Ph. D. of AAA Parking. The answers were given by staff as notated in red. 1. What evaluation criteria will be used to rate the different proposers? REPLY. EVALUATION CRITERIA: THE FOLLOWING EVALUATION. CRITERIA SHALL BE USED BY THE CSM ADMINISTRATION IN THE EVALUATION OF PROPOSALS: 1. Compliance with all general and special conditions of this Request for Proposals including Insurance and licensing etc. 10% 2. Ability of Service Provider to meet minimum qualifications as Stipulated, based on a review by the CSM. 25% 3. Experience and past performance of Service Provider. 25% 4. Cost effectiveness of proposal. 30% 5. Extent of presence in Miami -Dade County. 10% TOTAL 100% Page l of 16 2. "Proposer's experience in managing and operating a comparable municipal parking system in a location of comparable importance as well as experience in managing a decentralized parking system. Knowledge of local area will be viewed favorably." Please explain comparable experience REPLY. Comparable. experience means parking services vendors that have provided parking services for municipal, county, or other local government agencies of comparable size and complexity of urban settings as the City of South Miami. 3. Please explain knowledge of local area. REPLY. Miami -Dad County and the local municipalities therein. 4. the City conduct a survey to determine how many companies in the State of Florida meet the requirement of ten (10) years of experience? REPLY. No i 5. What are the staffing requirements? REPLY Propose is to ,provide staffing and to determine staffing needs. j This RFP is a request for a turn key operation. 6. Has this RFP been approved by the Mayor and Commissioners for contents and specific requirements? REPLY Not Applicable 7. Who is the Parking Director in the City? REPLY The proposer that is awarded a contract under this RFP. 8. Who is the Contract Administrator from the City overseeing the current vendor? REPLY A representative from the City of South Miami Police Dept. 9. Who will be the Contract Administrator from the City overseeing the successful proposer? REPLY A representative from the City of South Miami Police Dept. 10. Can we obtain a copy of the current agreement? REPLY Yes. You may obtain a copy from the city clerk by issuing a public records request. Page 2 of 16 11. According to the current Vendor's Contract, specifically what are his duties? REPLY No relevance to the RFP. 12. According to the 1 contract between the City of South Miami and the current vendor, are it's only duties to collect and repair parking meters and signs and enforce the parking regulations, including the valet ordinance thru enforcement ?. REPLY Irrelevant. 13. The City of South Miami has a Residential Parking Program, but in this j RFP it is not mentioned, was it omitted on purpose because this RFP does not include enforcing in the Residential Areas? If it is included, please provide us with " the boundaries and a copy of this program. + REPLY The successful proposer will enforce all the parking; including residential parking program. Second set of questions given by Mr. Franklin Laso from Standard Parking Company: 14. In critical_ areas, there appears to be a lack of specificity (e.g. enforcement and staffing). To ensure that Proposer costs and expenses can be calculated please include the staffing requirements and necessary enforcement hours. Are they the same or similar to those contained in the City's present contract with its present contractor? REPLY This RFP is for a turn key operation. City is seeking proposers to provide all parking services and to provide his or her recommendation as to all areas of services to be provided. Proposer may provide a range of services. 15 Management Agreement. Page 1 of the RFP states that the City is requesting proposals from firms desirous of entering into a "Management Agreement to Promote, Operate, and Maintain a Comprehensive Parking Program. Does the City maintain that this agreement is covered under Article III of the City Charter? REPLY: Yes. 16. More specifically, does the City maintain that this agreement shall be approved "after competitive conditions shall have been maintained and competitive bids sought from at least three different sources of supply...?" REPLY. Yes. 17. Parking Ordinances. Throughout the RFP there is constant reference to the phrase "parking program" and no references to specific City ordinances, Page 3-of 16 except the Valet Parking Ordinance. Because there was some recent local press about some parking ordinances not being properly codified in the City's Code of Ordinances, could you please list what City ordinances are covered by "parking program ?" REPLY. All city and county parking related ordinances are attached. 18. Motorized Carts. In the Introduction section of the RFP it states "the City currently has two (2) motorized carts available for the enforcement personnel." (emphasis). It is unclear whether these available carts are going to be free of charge. Please describe what the charges will be for the carts, if any. Please describe who is liable for maintenance, insurance, repairs, gas and other expenses 'related to the carts. Please explain who will assume the costs and expenses, if any, for additional carts. i REPLY: The City will provide two (2) scooters at City's expense; including fuel, repair, and maintenance. Note: Proposer provides non - auto /insurance for his staff. 19. Replacement Equipment and New Equipment. Part of the introduction section reads "any pre- approved replacement of equipment and/or acquisition of new equipment will be compensated on a reimbursable basis." What does "reimbursable basis" mean? REPLY For new meters and poles including installation vendor will pay for all costs associated and invoice the City for payment. All reimburseable expenses must be preapproved by the city contract administrator. 20. Is there a maintenance schedule presently available? REPLY No 21. Is there a schedule detailing the maintenance and repair history? REPLY No 22. Is there a schedule of present meter conditions available? REPLY No 23. Are "monthly maintenance activity reports" available? REPLY Yes . They are attached. Page 4 of 16 24. Does this mean that the City will pay for all replacement and repair parts, and new meters? REPLY Parts and routine maintenance — No. Replacement of meters with new meters Yes. However, all reimburseable items must be preapproved by the city contract administrator.' 25. If you have these documents or information, please provide. As we are sure you understand, without these documents and information potential Proposes will not be able to ascertain potential costs and expenses. REPLY. No. 26. Valet Parking Ordinance. Part of the Scope of Services section describes one of the objectives of the agreement as "to enforce and administer the Valet Parking Ordinance." Please describe who presently enforces the Valet Parking Ordinance REPLY. Parking Director or his Designee. 27. Please describe who rents and bags the meters to be used for ramping by the valet companies. REPLY After approval from Zoning Department, the Parking Director bags meters to be used for ramping purposes (valet parking areas), and Finance Department collects the rental fees. 28. Does the present Enforcement Company currently provide enforcement services from their own offices or does the City provide office space? REPLY The City provides a small office area in the Police Dept. 29. If so, is there any cost for the office space? Page 5 of 16 REPLY No. 30. How many citations have been issued to violating valet companies in the last two- (2) years? And for what type of violations? REPLY None. 31. Is there, or has there been, a dedicated employee or employee exclusively used to enforce this ordinance? REPLY No, the parking director decides. 32. May we obtain copies of the records being pertaining to all of the transactions involving the valet parking ordinance? REPLY Do not understand the question. However, the city has two companies that have obtained valet permits; with four locations providing valet parking services within the city: Trattoria Sole; Celeste; Grappa, and Dan Marinos. You may request copies of permits through Public Records request. 33. New Meters and Signage. Part of the Scope of Services section describes one of the objectives of the agreement as "to purchase and install new parking meters and all necessary signs." Based on the statement in the Introduction section of the RFP "any pre- approved replacement of equipment and/or' acquisition of new equipment will be compensated on a reimbursable basis ", it appears that the City will pay for all pre approved items necessary for the repair, replacement, and installation of news meters. Is this correct ?' REPLY. City will pay for new meters. Proposer is responsible for the expense of any and all parts of the replacement in reference to maintenance and repairs. i 34. Will the City also pay for all pre- approved items necessary for the repair, replacement, and installation of new signs? REPLY Yes 35. How many new signs and /or meters does the City envision needing during the initial contract P eriod? REPLY None for the beginning of the Fiscal Year 2003/2004. Page 6 of 16 36. Collection of Monies. Part of the Scope of Services section describes one of the objectives of the agreement as "to collect, transport and account for all monies from the City's parking meters and all the revenues generated through citations and forfeitures." Besides the monies collected from individual meters, what other revenues, if any, are to be physically collected by the Proposer? REPLY None 37. What type of equipment do you require and use to provide the meter collections and transport the collection? What type of transportation do you require? REPLY. City supplies the meter collection carts and canisters. Proposer is responsible for the secure transportation of all meter collections. 38. What safety measures do you require to secure the collections, and the safety and welfare of the meter collectors? REPLY. Provider's Personnel shall be unarmed at all times while engaged in the collection of and transportation of parking meter revenue. Providers shall collect coins from parking meters on routes and schedules provided by the City Manager, or designee. Routes schedules and collection frequencies may change periodically, as required by normal meter installations and removal and/or rate changes, or when the City Manager or its designee requests a segregated revenue rate test or special collection. Providers shall supply secure and safeguarded vehicles. A minimum of one- collection vehicles must be supplied. Vehicle must be unmarked. Collection Service shall employ all of the personnel safety procedures and/or devices necessary to transport` coin safely from parking meters to any place within the CSM for the purpose of counting, storing, depositing or any combination thereof. Each vehicle operator must be equipped with a cellular telephone or radio to provide communication 'between operators and to CSM designee. Each Collection Service vehicle shall have a minimum of two (2) employees. 39. Please describe the monthly meter revenue for the last 3 years by zone. REPLY Available City wide, not by zone. 2000 revenue $774,013.65 2001 revenue $713,372.91 2002 revenue $701,743.25 40. Please' describe the meter expenses for the last 3 years as well. Page 7 of 16 REPLY No Expense to the City. It is the Proposer's expense and responsibility. 41. Please describe what software you use to account for meter revenues. REPLY None 42. Please describe what revenue processing methods exist (e.g. coin, cash). REPLY. The CSM will furnish meter coin vault keys to the provider's personnel at the start of each collection day. The Finance Dept will issue the keys. The meter keys will be returned and signed in when provider's personnel have completed his/her duties at the end of that day. All keys and other equipment are to be fastened to the provider's person by suitable secure fashion. Such fastening should be subject to the approval of the City. 43. Please describe what parking enforcement capture rate is desired. REPLY. City's current capture rate would be, at a minimum the current revenue from all parking revenue sources. For the current fiscal year it is $1.7 million. 44. Customer Service. Part of the Scope of Services section reads: To provide customer - focused service and resolve conflicts and or attend to complaints. - To maintain an effective communication with the downtown merchants, business and property owners and the residents. To assist the : City Administration in developing parking policies. - To assist the City Administration in coordinating special events. To attend City Boards and Committee meetings relative [sic] to parking issues. Do you anticipate a full time manager to oversee all of the above mentioned duties? REPLY. Yes 45. Do you anticipate a Proposer to maintain a phone line, email access, and office hours to respond to appropriate concerns? REPLY. Yes, Including a cellular phone at proposer's expense. 46. Do you anticipate the Proposer to be present at all applicable Commission meetings? REPLY. Yes e conducted? 47. Timetable. Interviews. Who i f interviews will b decides Page 8 of 16 REPLY Selection committee 48. Opening of Proposals. When will the proposals be opened and where? REPLY. Proposals will be received at the specified date in the RFP, June 27, 2003 at 5:00 p.m. will be opened at that time and names of all proposers will be announced. This is a proposal and a bid. 49. Will this session be open to the public? REPLY Yes for the opening and listing of the proposers. 50. Right to Reject and /Or Negotiate. Part of the Right to Reject and/or negotiate section reads "the City has the right to reject any and /or all proposals, or to waive any irregularities. The City also does not bind itself to accept the lowest fee offer, but reserves the right to accept any proposal which is in the judgment of the City, and is most advantageous to the City." The only criteria listed for ; evaluating the proposals are five "primary criteria" listed on page 4. Apparently these are the only criteria that will be used to determine which proposal is "most advantageous to the City. No effort, however, has been made to describe what particular weight will be given to this "primary criteria." Similarly, no particular effort has been made to describe what ratings will be given to each." Nor have the mechanics for tabulating Proposer scores relative to these "primary criteria" been set forth. Will such a scoring system exist? Yes. (We should have a scoring sheet). REPLY. See response to question 1. 1 If not how will the City ensure that competitive conditions have been 5. tY p maintained as required by City Charter? REPLY. See response to question 1. 52. If a qualified Proposer meets all "primary criteria" that are required by this RFP and is also the "lowest fee offer ", what factors, if any, would the City consider in not awarding this contract to such "Proposer "? REPLY. There is a qualitative judgment based on the information provided by the proposers. The city has the right to reject all proposals. Further, see infra, response to 105. Page 9 of 16 53. Are there any criteria other than the "primary criteria" that will be considered? If so, please list? REPLY. See response to question 56. 54. Finally, in this section the City states that it reserves the right to accept any proposal which is "most advantageous" to the City. Twice before in the RFP, the City states that it reserves the right to accept any proposal that is in the "best interest" of the City. Does the City define the phrases "most advantageous" and "best interest" to be the same? REPLY. No- The description is of the City and City Commission. 55. Review of Proposals. Selection Committee. Who comprises the selection committee? REPLY Asst. City Manager of CSM, Director of Bldg. Planning and Zoning of CSM, Parking Director for the City of Coral Gables and Purchasing Manager of CSM: 56. Who decides who sits on the selection committee? REPLY City Manager 57. Which staff members will review the proposals? REPLY Selection Committee. 58. Which Advisory Boards will review the proposals? REPLY Not Applicable 59. Who will select the staff members and Advisory Boards to review the proposal? REPLY Not Applicable 60. Who determines who sits on the Advisory Boards? REPLY. Not Applicable 61 Will the deliberations by the selection committee, staff and any Advisory Boards be open to the public? REPLY.` All meetings are public. 62. Will the_ Proposers be permitted to make oral presentation in front of the selection committee? If so, when will this happen? Page 10 of 16 REPLY. You will be notified if proposes are called for interviews and oral presentations. 63. Will the selection committee meetings be advertised and open to the public? REPLY All meetings are public and noticed. 64. Criteria. The first enumerated criteria for evaluation is the "Proposer's experience in managing and operating a comparable municipal parking system in a location of comparable importance as well as experience in managing a decentralized parking system. Please describe what you mean by a "comparable municipal parking system in a location of comparable importance." REPLY See response to question 2. 65. Please describe what you mean by a "decentralized parking system." - REPLY A decentralized parking system consists of multiple public parking garages and parking enforcement in more than one location. 66 The second enumerated criteria for evaluation is "Knowledge of local area • will be viewed favorably." Please define "local area." REPLY. See response to question no. 3. 67. Residential Parking. The City of South Miami has certain Controlled Parking Residential Areas that attempt to curb the commercial employees /patrons intrusion into residential parking "areas. Although this RFP mentions residential parking in the introduction section, there is no mention of any specific enforcement ` requirements. If this area is to be part of this RFP, please provide us with the boundaries and a copy of this program. REPLY. Attached copy of City's Parking Ordinance # 14 -03 -1798. Attached copy of City map outlining restricted residential area. Yes. Yes. 68. General Provisions. The following questions pertain to the General Provisions section of the RFP. Each of the questions pertains to the General Provision number listed. We understand that the term "materials" as used in number 1, does not include any meters, meter posts, signs, or sign post. Is this correct? REPLY Proposer is responsible for meter and meter posts etc. Page l l of 16 69. Who purchased and paid for the existing 750 parking meters? REPLY. The City 70. Who owns the existing parking meters? REPLY The City 71.. Is there any warranty left on the 750 meters? REPLY No 72. We understand the phrase "Scope of Work to mean "Scope of Services." Is this correct? "Scope of Work" has not been previously defined. REPLY. Yes. See scope of services found at pages 2 and 3 of RFP. 73. What do you mean by "municipal parking program "? REPLY. See response to question 76. 74. The phrase "City's Parking Program" although it appears throughout the RFP in capital letters appears it is undefined. Can you please define? REPLY. See response to question 76. 75. As noted above, "Scope of Work" is really "Scope of Services." Is this correct? REPLY. Yes. 76. Is it an expectation that enforcement take place during all these hours? REPLY. Meter Enforcement 9:00 AM to Midnight 77 Does enforcement currently take place during these hours? REPLY. Yes, 9:00 AM to Midnight 78. If the proposed management fee is fixed, would the City agree that any increase of in enforcement hours result in an adjustment in the Proposer's fee? Page 12 of 16 REPLY. If scope of services is changed the city will renegotiate the management fee. 79. Please provide enforcement schedules for the last two years. REPLY. 9:00 am to Midnight, 7 days a week 80. Are the enforcement schedules /requirements attached to the City's contract with its present proposer envisioned to be the same for this RFP? REPLY No relevance. 81. What are the anticipated staffing requirements, if any? What are the present staffing requirements? REPLY Current staffing is: 3 full time enforcement 2 Part time maintenance 124 hour -7 day manager City is seeking an RFP for services via this RFP and is waiting to heaer from proposers as to their proposed staffing recommendations. 82 Are the staffing requirements attached to the City's contract with its present contractor envisioned for this RFP? REPLY No 83. Who are the "appropriate parties "? REPLY. Do not understand the question. 84. How frequent is collection at present? REPLY By- Weekly collections (approx) Tuesdays 514 meters Fridays 445 meters 85 Please provide monthly financial statements for the present contractor for the last two years. REPLY No monthly financial statements, the city encloses annual revenue information for the past three years. Page 13 of 16 86. Who compiles and reviews these financial statements? REPLY Question is not applicable to current system. City finance department reviews and prepares annual revenue information. 87. Does collection take place during weekends and holidays? REPLY No 88. Is it the Proposer's responsibility to ensure that the meters are in working order? REPLY. Yes 89. What level of parking meter operability has is desired? REPLY. Repairs within 24 hours 90. Please provide any preventive maintenance schedules that have been created for the last 2 years. REPLY. On going, no schedule 91. Please provide any monthly maintenance activity reports that have been created for the last 2 years. REPLY See attached copies. 92. As requested above, who will pay for additional carts, and for maintenance and repairs on the carts? REPLY The City 93. We assume you mean "Florida drivers' license "? REPLY Yes 94. Again, "Scope of Work" means" Scope of Services "? REPLY Yes 95. Attachment I- Management Fee Proposal. Is there a cap on the amount that the administrative fee can be increased once the initial 2 year period expires? Page 14 of 16 REPLY See attachment 1, the document is self explanatory. 96. We understand that the Proposer will be responsible labor costs related to maintenance, but he will not be responsible for the actual costs of the repair materials (e.g. posts, meter glass, timing mechanisms, etc.). - Is this correct? REPLY No, Proposer is responsible; see response to question 22. j 97. Please describe the payment terms. I REPLY Monthly 98. Attachment 2- Management Plan. What difference is there, if any, between a "parking system and a "parking program "? REPLY None 99. Attachment 3- Proposer Qualification Form. Can the City be more concise as j to the "pending litigation" question? REPLY Any legal pending or resolve action, case or controversy filed against, or by or involving the proposer; including arbitration, state or federal court within the past 10 years. 100. Any operator of any size will have a number of lawsuits of the slip and fall variety at any one time. Isn't the City really interested in pending litigation, which could affect a Proposer's ability to perform the contract? REPLY No, all pending litigation. See response to question 102. 10 1. General Questions. Does this RFP have a number? If so, please provide. REPLY No 102. Please provide the City's contracts with its present contractors. REPLY Not relevant. Request a copy through Public Records request. Page 15 of 16 103. Please describe the City's parking related capital expenses for the last two years. REPLY. No major capital expenditures in past two years. 104. Please describe MBE /WBE /DBE participation requirements. REPLY. The city has no particular requirements, but will look upon MBE /WBE/DBE favorably and may be deciding factor in the ultimate decision as to who is awarded the contract if there is a scoring tie. 105. Please describe what termination rights will be, if any. REPLY. To be negotiated upon drafting contract. 106. Please provide a list of costs and expenses (other than Proposer's internal expenses) that must be paid by the Proposer. REPLY This is an RFP for services. Page 16 of 16 Parking Pre -Bid 6 -13 -2003 In Attendance: Mr. Ron Stroyne, Stroyne Brothers Inc. Mr. Franklin Laso, Standard Parking Mr. Manuel Grossy, AAA Parking Mr. Frank Pintado, Standard Parking Staff: Mr. Subrata Basu Mr. Weiner Charlvier Ms. Kathy Vazquez Ms. Eve Boutsis, Council At approx. 3:30 Mr. Subrata Basu started the Pre - conference meeting. Questions from: Mr. Ron Stroney: Page 5 of 16 #4 ' n' ht. 8 or 9 AM to midnight? g Mr. Basu: Proposal calls from, 8 to 12 Mr. Grossy; What are the expectations from City of South Miami during these hours? Mr. Basu: Are these hours for collection or enforcement? Expectation is that they have to enforce the laws of the City of South Miami Parking system. Eve Boutsis: The vendor proposes how they will manage operation. Mr. Grossy: This should be two different proposals: One for Collections Another for Enforcement Mr. Subrata: Collections should be weekly. We will change Collection/Enforcement wording on this. (8 -12 Enforcement.) Mr. Ron Stroney: Page 7 of 16 917 Loose the $1,000 Treasurers check regardless if selected or not? Need some clarification Ms. Boutsis: Corrected and explained Mr. Stroney's question.. Mr. Ron Stroney Page 7 of 16 #18 Performance Bond in $50,000. He currently has $100,000: fidelity Bond. Need clarification, which does the City really want? Discussion between, Subrata, Eve, and Mr. Grossy on the subject and definitions. Mr. Grossy said that a fidelity bond is only a piece of paper stating $ - - -, and a Performance /Surety Bond you have to have $ in the bank. Mr. Grossy: wanted to make sure that everyone knew that he sent his questions via e-mail, fax, and hand delivered; } Ms. Boutsis:: Reminded everyone that there is a "Cone of Silence" and explained. Mr. Grossy: stated that the 27t` would be too soon after they receive all the answers and the due date should be extended by another week. It was agreed that if they receive the answers no later than this Wed. they would be able to meet the deadline. Mr. Pintado: Stated that the way questions are structured we (the city)are not telling what our schedules are. etc. He needs more detail. Mr. Subrata: You should submit questions and we will respond. Mr. Pintado: He stated that most REPS state A; B; C D, ... and Proposers answer. This RFP does leaves open questions and in order to be able to respond, and be fair it needs to be more specific. Eg. Around Sunset, once or twice a week for collections? ... etc. Mr. Grassy: It is Public Info as to what system we currently have. Mr. Pintado: Once or twice a week for collection? % of meters picked up once or twice? Mr Subrata: All Questions will be answered in writing. Thank You r ORDINANCE NO. 14 -03 -1798 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY CREATION A NEW SECTION 15- 99, ENTITLED CONTROLLED PARKING RESIDENTIAL AREAS TO - DESIGNATE CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ISSUANCE , OF SPECIAL PARKING PERMTS UPON APPLICATION; PROVIDING PRIVILEDGES AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, The City Commission hereby finds and declares that it is in the best interest of the residents of the City to reduce vehicular congestion on residential streets and to facilitate the efficient movement of traffic ^by providing for residential parking preference during certain hours of the day within certain areas meeting the criteria hereinafter set forth' that residential permit parking regulation is necessary to promote the health, safety and welfare of the residents of the City by providing adequate parking spaces adjacent to or close by their places or residence; that it is in the public interest to reduce hazardous traffic conditions resulting from the use of streets located within congested residential areas for the parking of vehicles by persons using such residential areas to gain access to other places; to protect those areas from excessive noise; to protect the residents of those areas from unreasonable burdens in gaining access tot heir residences; to preserve the character of those areas as residential districts; to promote efficiency in the maintenance of the street in a clean and safe condition; to preserve the value of the property in those areas; to preserve the safety of children and other pedestrians and to promote traffic safety, clean `air and the comfort, health, convenience and welfare of ht inhabitants of the City BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City of South Miami Code of Ordinances is amended to create Section 15-99 - entitled "CONTROLLED PARKING RESIDENTIAL AREAS" Sec. 15-99. Controlled Parking Residential Areas. Whenever in this division the words hereinafter defined are used they shall, unless the context requires otherwise, be deemed to have the following meanings: Commuter vehicle means a motor vehicle parking in a residential area by aperson who is not a resident of the designated residential area; and Page 1 of 5 Additions are shown by underlining and deletions are shown by Controlled parking residential area means "a contiguous or nearly . contiguous area containing streets or parts thereof primarily abutted by property which has a specific residential zone designation on the official zoning map of the City and which is designated for restricted residential parking by the City Manager, or his designee, pursuant to criteria and procedures established herein. Fiscal Year means the period beginning and ending 30 of the following year. Resident means a person who owns or leases real property within a residential area and who maintains either a voting residence or bona fide occupancy, or both, at that address. Residential' parking permit means a special permit issues hereunder for the privilege of parking on a street designated as a "controlled parking residential area." Section 2. ' Upon approval of the City Manager, and after following the procedures hereinafter set forth, the director of the traffic engineering department, through his authorized representative in the police department, is hereby authorized to designate "controlled parking residential area" by appropriate signs and the recoiling thereof on an appropriate City map or plat in which the parking of vehicles may be restricted on public streets at times during the day only to vehicles bearing a valid residential parking permits issued pursuant to the _terms of this division. This authority shall be in additional to any other authority of the City to regulate the times and conditions of motor vehicle parking on public streets. Section 3. Eligibility and criteria for establishing controlled parking residential areas is hereby set forth: (a) A residentially zoned area shall be deemed eligible for designation as a controlled parking residential area for residential permit parking if, parking therein is impacted between Q.nn n 5 :30 r o f a„ by commuter vehicles ' (b) In determining whether an area identified as impacted and eligible for residential permit parking shall be: as a controlled parking residential area, the following factors shall beconsidered. (1) The local needs with respect to clean air and environment in residential areas. (2) The possibility of a reduction in total vehicle miles driven in the City. (3) The likelihood of alleviating traffic congestion, illegal parking and related health and safety hazards. (4) The proximity of public transportation to the residential permit parking (5) The desire and need of the residents for residential permit parking. Page 2 of 5 Additions are shown byunderlininQ and deletions are shown by ever-strge. r (6) The need for parking regulation to maintain the residential character of neighborhoods. Section 4. Procedure for determining controlled parking residential areas is hereby set forth: (a) In order to determine whether a particular area should be designated as a controlled parking residential urea, the City Commission can request, or the City Manager may conduct, upon his own initiative or upon a petition of a majority of the households on a proposed residential block addressed to the City Manager, a study to determine if the proposed area meets the criteria set forth above. Following the study, the City Manager shall determine whether to designate the proposed area under consideration as a controlled parking residential area or to remove the designation in the case of a previously established controlled parking residential area. The City Commission may also request the City Manager to designate an area as a controlled parking residential area based upon a study previously conducted, if the criteria set forth above are met. (b) When the City Manager funds the criteria to designate have been met in a controlled parking residential area, he shall cause the regulation to be recorded upon an appropriate map of the City and retained permanently in the office of the City Clerk. In addition, the City Manager shall cause parking signs to ; be erected upon public streets in the area, indicating the times, locations and conditions upon which parking shall be buy permit only. When an area has been approved, designated andk posted as a controlled parking residential area, it shall be unlawful and a violation of this decision to park a commuter vehicle in an area restricted to decal parking only without having a valid residential parking permit affixed on the left rear bumper of the vehicle. Section 5. Issuance of special parking permits upon application is hereby set forth: (a) Following the official designation of a controlled parking residential area, the City shall issue appropriate residential parking permits` to qualifying applicants. Upon application a permit shall be issued only to the owner or operator of a motor vehicle who resides in the controlled parking residential area in which he resides. (b) The application for a permit .shall contain the name of the owner or operator of the motor vehicle, residential address, the motor vehicle's make, model and registration number. The motor vehicle's registration may, at the discretion of the Finance Department, be required to be presented at the time of making said application in order to verify the contents thereof. - In the event the vehicle is registered at an address other than the local residence, the applicant shall provide other sufficient proof, acceptable to the department of management showing residency within the controlled residential parking area. The permit shall be valid for a "fiscal year" 'as hereinabove defined and shall be renewed for each successive fiscal year. After the initial permit has been issued, any renewal thereof shall be affixed to the vehicle no later than the applicable current fiscal year. Page 3 of 5 Additions are shown byunderlininQ and deletions are shown by o. I,I Section 6. Privileges and restrictions on residential parking permits are hereby set forth: (a) The folder of a residential parking permit shall be permitted o stand or park a motor vehicle displaying the permit and operated by him/her in the designated residential 'n controlled parking during arkin area Burin such times and places as the parking of motor vehicles therein is permitted. While a vehicle for which a residential parking permit has been issued is _so parked, such permit shall be permanently affixed on the left rear bumper of the vehicle. A residential parking permit shall not guarantee or reserve to the holder of same a parking space within a designated controlled parking residential area. (b) A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking a motor vehicle is prohibited onset aside for specific types of vehicles, nor exempt the holder from the observance of any traffic regulation within the controlled parking residential area. (c) No person other than the permittee named thereon shall use the residential parking permit or display it on a vehicle operated or parking, and any such use or display by a person other than the permittee shall constitute a violation of this article by the permittee and by the person who so used or displayed such parking permit. (d) It shall constitute a violation of this division for any person to falsely represent himself as eligible for a residential parking permit or to furnish any false information in an application to the Finance Department, in order to obtain a residential parking permit. (e) The Finance Department is authorized to revoke the residential parking permit of any permittee found to be in violation of this division and, upon written notification thereof, the permittee shall surrender such permit to the City Manager. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of this division.' (f) Any permit issued hereunder is nontransferable to another person or another vehicle. (g) . The Finance Department is authorized to make provisions for the issuance of temporary parking permits to bona fide visitors of residents of a designated controlled , �'YP gp parking residential "area. imposed for the issuance of the temporary permit in an A fee shall be �'Y P 7. P Section P amount approved by the City Commission to recover costs related to the parking program Whoever violates the provisions of this division shall be penalized pursuant to the provisions of this Code relating to violation of municipal ordinances and persons illegally parked pursuant to Page 4 of 5 n b underlinin and deletions are shown b eeer-etrilce. ' ions are show Y Additions Y 7 the terms of this division shall be fined in the manner presently provided in the City for illegal parking and their vehicles may be towed and stored at their expense. Section 8. If any section, sentence, clause or phrase of this ordinance -is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this ordinance. Section 9. ° It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the south miami City Code and that the sections r of this ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "section ", "article" or such other appropriate word or phrase in order to accomplish such intentions: Section 10. This ordinance shall take effect immediately at the time of its passage: PASSED AND ADOPTED this 3rd day of June, 2003. Approved: Attest: (signed) Horace G. Feliu Horace G. Feliu Mayor (signed) Ronetta Taylor ` Ronetta Taylor, CMC COMMISSION VOTE: 4 -0 City Clerk Mayor Feliu: Yea Vice Mayor Russell: Yea 1St Reading — May 20, "2003 Commissioner Wiscombe: not present 2na Reading - June 3, 2003 Commissioner McCrea: Yea Commissioner Bethel: Yea READ AND APPROVED AS TO FORM (signed) Earl G. Gallop CITY ATTORNEY i -. Page 5 of 5 Additions are shown by underlining and deletions are shown by nve° tpike i P ZONING REGULATIONS 20 -3.1 ARTICLE III. ZONING REGULATIONS 20 -3.1 Zoning use districts and purposes. (A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into eighteen (18) zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20- 33(D). A "planned unit development (PUD) district is also created in Section 20 -3.7. Standards shall be uniform throughout each zoning use district. District symbols and names shall be known as: Symbol Name RS -1 Estate Residential RS -2 Semi- Estate Residential RS -3 Low Density Single- Family RS -4 Single- Family RS-5 Single- Family (50' lots) RT6 Townhouse "Residential RT9 Two- Family/Townhouse Residential RM -18 Low Density Multi - Family Residential RM -24 Medium Density Multi- Family Residential RO Residential Office LO Low- Intensity Office MO Medium- Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TODD Transit- Oriented Development District H Hospital PI Public/Institutional PR Parks and Recreation (B) District Purpose Statements. (1) "RS -1" Estate Residential District: The purpose of this district is to provide for estate type single - family residential development located in a spacious rural -like setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single - Family on the city's adopted Comprehensive Plan. (2) "RS -2" Large Lot Single- Family Residential District: The purpose of this district is to provide for semi - estate type single- family residential development located in a rela- tively spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single-Family" on the adopted city's comprehensive Plan. Supp. No. 5 21 20 -3.1 SOUTH MIAMI LAND DEVELOPMENT CODE (3) "RS -3" Medium Lot Single - Family Residential District: The purpose of this district is to provide for low - density single - family residential development located in a moder- ately spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single- Family" on the city's adopted Comprehen- sive Plan. (4) "RS -4" Small Lot Single - Family Residential District: The purpose of this district is to provide for single- family residential development located on smaller lots and to protect and improve the character of existing development in the area. This district is appropriate in areas designated "Single- Family" on the city's adopted Comprehensive Plan. (5) "RS -5" Small Lot Single- Family (50' lots) Residential District: The purpose of this district is to provide for built-out single- family residential subdivisions characterized by smaller 50' lots and to protect and, improve the character of existing development in the area. This district is appropriate in areas designated "Single- Family on the City's adopted Comprehensive Plan. (6) ` "RT -6° Townhouse Residential District: The purpose of this district is to provide suitable sites for the development of well planned, environmentally compatible, low density townhouse projects on sites of at least 60,000 square feet, which are located in such a manner as to serve as effective transitional land use elements between single- family and more intensive multi- family residential or commercial areas. This district is appropriate in areas designated "Townhouse Residential" or "Two-Family/ Townhouse Residential" on the city's adopted Comprehensive Plan. (7) "RT -9" Two- Family /Townhouse Residential District: The purpose of this district is to provide suitable sites for the development of well planned, environmentally compati- ble, low density attached single- family residential, projects of a two - family and/or townhouse nature, which are 'located in such a manner as to serve as effective transitional land use elements between single- family and more intensive multi- family residential or commercial areas. This district is appropriate in areas designated "Two- Family/Townhouse Residential" on the city's adopted Comprehensive Plan. (8) "RM -18" Low Density Multi - Family Residential District The purpose of this district is to provide suitable sites for the development of low density multi - family residential uses with appropriate landscaped open space which are located in such a manner as to serve as an effective transitional land use element between less intensive residential uses and more intensive multi- family and/or commercial uses. This district is appro- priate in areas designated "Low Density Multi- Family Residential" on the city's adopted Comprehensive Plan. (9) "RM -24" Medium Density Multi - Family Residential District The purpose of this district is to provide suitable sites for the development of medium density multi - family residential uses with appropriate landscaped open space. This district is appropriate in areas designated "Medium Density Multi- Family Residential" on the city's adopted Comprehensive Plan. Supp. No. 5 22 ZONING REGULATIONS 20 -3.1 (10) "RO" Residential Office District: The purpose of this district is to provide suitable sites which will accommodate the limited office space needs of certain low impact profes- sional services in attractive low profile buildings on heavily landscaped sites, archi- tecturally similar to and compatible with nearby single - family structures. The district should serve as a transitional buffer between established single- family neighborhoods and major traffic arterials or more intensive uses, and is, appropriate in areas designated "Residential Office" or "Low Intensity Office" on the city's adopted Com- prehensive Plan. (11) "LO" Low - Intensity Office District: The purpose of this district is to permit low - intensity office development and redevelopment, without necessarily being' compatible in appearance with single- family residential areas. This district is appropriate in areas designated "Low- Intensity Office" on the city's adopted Comprehensive Plana (12) "MO" Medium - Intensity Office District: The purpose of this district is to accommodate professional and business office space needs in a relatively intensive centrally located manner. This district is appropriate in areas designated "Medium - Intensity Office" on the city's adopted Comprehensive Plan. (13) "NR " Neighborhood Retail District: The purpose of this district is to permit conve- nience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner. This district is appropriate in areas designated "Neighborhood Retail Development on the city's adopted Comprehensive Plan. (14) "SR" Specialty Retail District: The purpose of this district is to maintain the basic specialty retail character of the Sunset Drive commercial area by encouraging comparison retail uses at the pedestrian - oriented grade level and office and reside: ntial uses on the upper floors of all buildings. This district is appropriate in areas designated "Specialty Retail/Residential" on the city's adopted Comprehensive Plan. (15) "GR General Retail District: The purpose of this district is to delineate areas which permit a broad range of retail uses. Uses that are strongly oriented toward the motoring public are discouraged in this district. This district is appropriate in areas designated "General Retail" on the city's adopted Comprehensive Plan. (16) "TODD", Transit- Oriented Development District: The purpose of this district is to maximize the presence of !a mass transit center located within walking distance of the boundaries of the district'. The TODD District is intended to provide for the develop- ment of office uses, office services, office- related retail, retail, retail services, and residential uses in multi - story and mixed use projects" that are characteristic of transit- oriented developments. Regulations provide for the continuation of existing light' industrial uses, but encourages redevelopment through flexible building heights, design standards, and performance- oriented incentives. The district is appropriate in areas designated "Transit- Oriented Development District" on the City's adopted Comprehensive Plan and Future Land Use Map. (17)' "H" Hospital District: The purpose of this district is to permit, as a special use, areas that will accommodate various hospital needs in a manner compatible with nearby Supp. No. 5 23 20 -3.1 SOUTH MIAMI LAND DEVELOPMENT CODE �- residential areas. The district also permits office uses at appropriate intensities in the event that hospital uses are terminated and is appropriate in areas designated "Hospital/Office" on the city's adopted Comprehensive Plan. The unique nature of hospital usage and its quickly changing needs and characteristics makes their proper regulation under ordinary zoning regulations difficult. Hospitals located near residen- tial areas are both an asset in terms of jobs and services provided and a liability in terms of traffic generated and their propensity to expand. It is the intent of this district to establish stable land use patterns in hospital areas upon which local residents and hospitals can both rely. (18) "PI" Publicilnstitutional District: The purpose of this district is to provide for schools, governmental facilities, utilities and churches and similar uses, with building heights and intensities compatible with surrounding districts. This district is appropriate in areas designated "Public and Semi- Public" on the city's adopted Comprehensive Plan; (19) "PR" Parks and Recreation District: The purpose of this district is to provide for public parks and open space areas, including those associated with schools. This district is appropriate in areas designated 'Parks and Open Space" on the city's adopted Comprehensive Plan. (C) Official Zoning Map. (1) The city's Official Zoning Map shall be known as the "City of South Miami Official Zoning Map" and is hereby made part of this Code as 'fully as if set forth herein in detail. (2) The original Official Zoning Map, bearing the signature of the mayor and the attestation of the city clerk, is hereby adopted. (3) The original map shall be located in the office of the city clerk. (4) No changes of any nature shall be made on the original map or matter shown thereon i except in conformity with the procedures set forth in Section 20 -5.5. (5) Replacement of official map: (a) In the event that the original Official Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions, the city commission may, by resolution, adopt a new Official Zoning Map which shall supersede the prior map. (b) The new Official Map may correct drafting or other errors or omissions in the prior Official Map, but no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. (D) District Boundaries: (1) District boundaries are usually along streets, alleys, property lines or extensions thereof. Supp. No. 5 24 OTHER REGULATIONS 20 -4.4 (M) Computations. The following principles shall control the computation of sign area and sign height: (1) Computation of Area of Individual Signs. The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the sign content, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting structure clearly incidental to the display itself or any other clearly II incidental decorative element; j (2) Computation ofArea of Multi - faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign, faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 3 feet apart, the sign area shall be computed by the measurement of one of the faces ; and (3) Computation of Height. The height of a sign shall be computed as the distance from grade as defined in this Code to the top of the highest component of the sign or supporting structure. (Ord. No. 1 -91- 1466,1- 15 -91; Ord'. No. 9 -92 -1504, 5- 19 -92; Ord. No. 4 -93 -1533, 6 -1 -93; Ord. No. 18 -93- 1544, §§ 2, 3, 11- 16 -93; Ord. No. 19 -96- 1619,' § 1, 10 -1 -96; Ord. No. 6 -98 -1654, § 3, 4- 21 -98; Ord. No. 9 -99 -1683, §§ 2 3, 5 -4 -99) j 20 -4.4 Off - street parking requirements. (A) Applicability. All structures and uses which are erected, established or enlarged within the city "shall provide adequate off - street parking spaces and control mechanisms for on -site vehicular and pedestrian' traffic in order to insure the safety and convenience' of the public pursuant to the requirements of this section. (1) On- street parking spaces adjacent to a lot shall count toward the parking'requirements set forth below in subsection (B) for that lot; a partial space longer than eleven (11) feet j shall count as a full space. (2) Unimproved rights -of -way adjacent to business property in commercial zoning districts may be improved by the abutting property owner for credit as on- street parking spaces by written application to the City Manager. On- street parking spaces may be assigned and: credited to other properties within 1,500 feet of any on- street parking space by written consent of the property owner to whose property the space is currently credited with the written consent and approval of the City Manager. The City Manager will determine if the installation of parking meters is merited' and appropriate for the area. Supp. No. 5 93 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE r (B) Space Requirements. The minimum number of off - street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20 -3.3D. Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one -half (1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten (10) units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. (5) One and three- quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred (100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One (1) space per two hundred (200) square feet of gross floor area. (10) One (1) space per two hundred fifty (250) square feet of gross floor area: (11) One (1) space per three hundred (300) square feet of gross floor area. 12 1 ( ) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand (1,000) square feet of gross floor area. (15) One (1) space per four (4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. (C) Dimensional Design Standards. (1) Standard non - handicapped parking spaces. All required off - street parking spaces shall be a minimum of nine (9) feet in width by eighteen (18) feet in depth, exclusive of accessways. (D) , Required Handicapped Spaces. With either of the above alternatives, off - street parking spaces for the physically handicapped or disabled shall be provided as required by the South Florida Building Code (SFBC). For uses requiring five (5) or fewer spaces, no handicapped spaces shall be required. (1) Handicapped spaces shall be a- minimum of twelve (12) feet in width by eighteen (18) feet in depth, or twenty -one (21) feet in width by eighteen (18) feet in depth for two (2) contiguous spaces, except for accessways. (2) Signs or symbols indicating as required by SFBC "Handicapped Parking Only" shall be required for each designated space. Supp. No. 5 94 OTHER REGULATIONS 20 -4.4 (E) Required Parking Improvements. (1) Every required off - street parking area shall be graded and drained to prevent damage to adjacent ,properties, streets and alleys and shall be surfaced with erosion resistant material, in accordance with all applicable codes. (2) Markings and signs. (a) Off- street parking areas shall be marked with painted lines, curbs or other means to indicate individual spaces. (b) Signs or markers shall be used as necessary to insure efficient traffic circulation within all required parking areas. (3) Lighting. (a) Lighting shall provide footcandle illumination as required by SFBC of all required off - street parking spaces if such spaces are to be used at night. (b) Lighting shall be arranged and installed to minimize glare'on adjacent residential properties and districts. (4) Off - street ` parking spaces shall be separated from walkways, sidewalks, streets or alleys by an approved wall, fence, curbing or other protective device. (5) Landscaping for all off - street parking areas shall be required, in accordance with Section 20 -4.5. (6) Awnings, canopies or other metal, canvas or fabric- covered shelters shall be designed, placed or used for parking of motor vehicles between the right- of- way'and the front building line, except in residential districts and as regulated her',ein. 1 (7) Entrances and exits. (a) Entrances and exits shall not be located where they may create undue traffic problems. (b) All entrances and exits to required off - street parking areas' shall ',be located not less than fifteen (15) feet from any street intersection and designed so as to prohibit the backing out of vehicles into public rights -of -way. (c) Landscaping, curbing or control barriers shall The provided along lot boundaries to control entrance and exit of vehicles or pedestrians. (8) Parking under Buildings. Parking in structures forming a ground floor of a structure is prohibited in all RS, RT, RM, RO and NR districts. Parking in structures forming a basement is prohibited in all RS and RT districts. (9) No vehicular access to an RO use shall be permitted on a side a; djacent to and/or facing property zoned for single - family residential' purposes, unless that side is the only possible means of access to the RO property. (Ord. No. 9 -99 -1683; § 4, 5 -4 -99) (F) Location and lOwnership of Spaces. (1) All off- street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below: Supp. No. 5 95 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE (2) Spaces located off -site. (a) Off site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR; TODD, H, PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off - :street parking spaces may be located and maintained up to six hundred (600) feet from a residential or institutional use served and up to one thousand (1,000) feet from a noninstitutional and nonresidential use served. (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided, or as a condition of the issuance of the building permit for the principal use, the owner of the off- site - parking shall record a covenant in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time such off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be] permitted in all RS RT or'RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off - street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99) (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to share the same required off - street parking spaces in a common parking facility, according to the following table: Uses Weekdays Weekends 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m, through through through through through 6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m. Office or 100% 5% 10% 5% 5% Bank Retail 60% 20% 60 %. 60% 5% Hotel 50% 60% 60% 100% 75% Restaurant 50% 75% 75% 90 %' 10% Theater > 10% 70% 60% 90% 10% Supp. No. 5 96 — OTHER REGULATIONS 20 -4.4 Uses Weekdays Weekends Nightclub 5% 50% 5% 100% 90% 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through through through through 6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m. Apartment or 10% 100% 75% 100% 100% Townhouse _ Other Uses 100% 100% 100% 100% 100% Method of Calculation: Step 1. For each of the five (5) time periods, multiply the minimum number of parking spaces required by Section 20- 4.4(B), Space Requirements. Step. 2. Add the results of each column. The required number of parking spaces shall equal the highest column total. (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the city commission may reduce the number of required off- street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid, transit facilities, as provided for under Section 20- 4.4(J). (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision of valet parking spaces via special; parking permit approved by four affirmative votes of the city commission, pursuant to the following conditions: (1) The valet parking operation shall comply with Section 20- 4.4(L), as amended from time to time, of the South Miami Land Development Code, entitled ;"Valet Parking" [The remaining paragraphs are numbered and reordered.] (2) The number of required parking spaces that are not provided on the same property as the use approved for valet parking shall be provided via the off -site parking provision in Section 20- 4.4(F)(2), or the city commission may approve the use of on- street parking spaces to provide for a portion of or all of the required parking spaces. (3) Valet parking, as provided in Section 20- 4.4(I), shall not make use of off-site parking located adjacent to residential property and/or RO zoned property after 7:00 p.m. (4) In no case shall vehicle stacking or double parking be permitted on public rights -of -way or public streets to supply the required parking spaces for the valet special parking permit. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99) (J) Interim Parking Permit. In SR, MO and TODD zoning districts, due to the limited land available for parking, Interim parking may be permitted by four (4) affirmative votes of the city commission, subject to the following criteria: (1) A site plan demonstrating all physical aspects of the operation must be submitted and approved by the City. Supp. No. 5 96.1 - 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE (2) Permits for each lot maybe issued for interim parking on private or public property for a period not to exceed six (6) months and may be renewed every six (6) months. (3) A permit fee of $250 shall be required in addition to the special use application fee. (4) The lot shall be restored to its original condition, by the permittee, upon the expiration, or cancellation, of the Interim' Parking permit. (5) Access to the parking lot shall be secured when the lot is not in use. (6) Interim parking lots are not required to comply with the South Miami Land Develop- ment Code requirements related to parking lot landscaping, paving, or drainage; however, they shall; i. Provide safe access to and from the site without damage to existing sidewalks or curbs through an improved, safe driveway access. ii. Secure any damaged area in such a fashion that will prevent pedestrian or vehicular access to such area and shall be repaired within two weeks of the occurrence of the damage. iii. Provide a ten (10) foot wide level surface area along those portions of the property which abut a public right -of -way, where sidewalks are not available, to accom- modate the safe and unobstructed passage of pedestrians. The City may allow a reduction in the width if the City determines that safety concerns are otherwise met. iv. Provide a parking lot surface that is level and suitable for the quantity and \ frequency of traffic expected to use it, free of .tripping hazards and without potential safety hazards. V. Maintain the parking lot in good condition and avoid conditions indicative of a public nuisance, which shall include, but not be limited to, the following: erosion problems, potholes, silting of streets, dust, overgrowth and accumulation of litter and debris. vi. Keep the parking lot free from litter, as that term is defined by chapter 13A -2 of the City Code of Ordinances. (7) The City shall assess the impact of the Interim parking request on the surrounding, road network. The City may impose reasonable requirements and conditions, including a traffic study if necessary, to the Interim parking permit to ensure the continued compatibility with the surrounding road network. (8) Interim Parking lots shall provide parking for disabled persons in accordance with all applicable law. (9) Parking fees for Interim parking are permitted and a proposed fee schedule must be submitted with the application for Interim parking permit. (10) All signage must be in accordance with the portable commercial parking lot sign regulations, as found in .Section 20 -4.3. Supp. No. `5 96.2 - OTHER REGULATIONS 20 -4.4 (11) All attendants must be well- groomed and wear easily identifiable uniforms. All attendants shall wear on their uniform a name tag identifying employee's name at all times. (12) Attendants shall not station themselves upon the public right -of -way for the purpose of actively; attracting customers or for any other purpose which results in an interruption to pedestrian and vehicular traffic flow. (13) The City may require the operator to hire off -duty police officers. (14) The Interim Event parking permit may be revoked by the City Manager upon a finding that the use is not in compliance with the LDC or is causing a public nuisance. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99) (K) Procedures for Special Parking Permit. Special parking permits may be approved, disapproved,; or approved with conditions by the affirmative vote of four (4) members of the city commission. Special parking permit procedures shall follow those procedures established for special use permits as set forth in Section 20- 5.8(S) through (F), and shall follow those procedures for public hearings set forth in general in Sections 20 -5.1 through 20 -5.6. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99) Editor's note -The above, entitled "Procedures' for Special Parking Permit" was moved from section 20- 4.4(J). (L) Parking Fees Prohibited Generally; Exceptions. (1) No parking fees, charges or other remuneration shall be charged for the use of any or all off - street parking spaces as may be required by this Code, except as provided in this Section. (2) Nothing in this paragraph shall be construed to affect any parking fees, charges or other remuneration for publicly -owned parking spaces. (3) Commercial Parking Lots shall be considered as any parking lot or structure which provides parking spaces for a fee, charge or other remuneration and shall be permitted in the SR, MO, GR PI and TODD zoning districts pursuant to the following conditions: (a) The use shall not be the principal use and shall serve only as an accessory use. (b) The use shall have a current South Miami occupational license. (c) The use shall: be subject to the regulations contained in Sections 20- 3.6(I)(3)- (5), relating to accessory structure or use setbacks and location, but shall be required to comply with the remainder of 20- 3.6(I), Section 20 -4.4, Section 20 -4.5 and all other applicable regulations of the South Miami Land Development Code. (d) For a, given parcel on which a commercial parking lot is located, -no commercial parking lot shall charge a fee or other remuneration for the code required parking spaces which serve that parcel's principal use(s). (e) For the purpose of Commercial Parking Lots only, the parking spaces required by this Code for a given use shall not be considered as required during that use's non- business 'hours. Supp. No. 5 96.2.1 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE (f) A report must be submitted annually that includes the following: i. Reserved: ii. Property owner consent iii. An acknowledgement of notification of the commercial use of the parking to the tenants in the affected building(s) iv. A survey showing the current condition or site plan/floor plan demonstrating all physical aspects of the operation including, but not limited to, the following: location of licensed uses, number of parking spaces, commercial parking lot area, landscaping,; location and elevation of signage and points of ingress /egress V. List of licensed uses, including hours of operation, located on the subject parcel(s) vi: Calculations demonstrating the gross floor area tra (gfa) of on -site buildings, the gfa of on -site uses. viii. Any additional information required by the city. (g) All attendants must be well - groomed and wear easily identifiable uniforms. All attendants shall wear on their uniform a name tag identifying employee's name at all times. (h) Attendants shall not station themselves upon the public right -of -way for the purpose of actively attracting customers or for any other purpose which results in an interruption to pedestrian and vehicular traffic flow. (i) All signage must comply with Section 20 -4.3 of the LDC. 0) The City may require the operator to hire off -duty police officers. (k) The parking lot shall be kept free from litter, as that term is defined by chapter 13A -2 of the City Code of Ordinances. (1) The Commercial Parking Lot occupational license may be revoked by the City Manager upon a finding that the use is not in compliance with the LDC or is causing ;a public nuisance. (5) Special Events Parking Permit. In SR, MO and TODD zoning districts, due to the limited land available for parking and the short term duration and single occurrence of many events, Special Event parking may be permitted by the City Manager, subject to the following criteria (a) A site plan demonstrating all physical aspects of the operation must be submitted and approved by the City. (b) Permits for each lot may be issued for Special Event parking on private or public property for a period not to exceed 15 days and may be renewed once, for an additional 15 days. (c) An application fee of $150.00 is required. The application fee may be waived at the sole discretion of the City Commission. Supp. No. 5 96.2.2 ., —u.•,. ���.. 4 �.� OTHER REGULATIONS 20 -4.4 (d) The lot shall be restored to its original condition, by the permittee, upon the expiration, or cancellation, of the Special Event Parking permit. (e) Access to the parking lot shall be secured when the lot is not in use. (f) Special Event parking lots are not required to comply with the South Miami Land Development Code requirements related to parking lot landscaping, paving, or drainage; however, they shall: i. Provide safe access to and from the site without damage to existing sidewalks or curbs through an improved, safe driveway access. ii. Secure any damaged area in such a fashion that will prevent pedestrian or vehicular access to such area and shall be repaired within two weeks of the occurrence of the damage. iii. Provide a ten (10) foot wide level surface area along those portions of the property which abut' a public right -of- -way, where sidewalks are not avail- able, to accommodate the safe and unobstructed passage of pedestrians. The City may allow a reduction in the width if the City determines that safety concerns are otherwise met. iv. Provide a parking lot surface that is level and suitable for the quantity and frequency of traffic expected to use it, free of tripping hazards and without potential safety hazards: V. Maintain the parking lot in good condition and avoid conditions indicative of a public nuisance, which shall include, but not be limited to, the following; erosion problems, potholes, silting of streets, dust, overgrowth and accumu- lation of litter and debris. vi. Keep the parking lot free from litter, as that term is defined by chapter 13A -2 of the City Code of Ordinances. (g) The City shall assess the impact of the Special Event parking request on the surrounding road network. The City may impose reasonable requirements and conditions, including a traffic study if necessary, to the Special Event parking permit to ensure the continued compatibility with the surrounding road network. (h) Special Event Parking lots shall provide parking for disabled persons in accor- dance with all applicable law. 0 (i) Parking fees for Special Event parking are permitted and a proposed fee schedule must be submitted with the application for Interim parking permit: (j) All signage must be in accordance with the portable commercial parking lot sign regulations, as found in Section 20 -4.3. (k) All attendants must be well groomed and wear easily identifiable uniforms. All attendants shall wear on their uniform a name tag identifying employee's name at all times. (1) Attendants shall not station themselves upon the public right -of -way for the purpose of actively attracting customers or for any other purpose which results in an interruption to pedestrian and vehicular traffic flow. Supp. No. 5 96.2.3 20 -4,4 SOUTH MIAMI LAND DEVELOPMENT CODE 0 N 51 -0" 109 -0" I 90 -0" 91_091 co_0ll 9' -0" 10' -0" 90 - m .NP UVER2NG' AR£A ONE WAY > OR -TWO WAY t 1-*%W0SCAP'Z24 G of 5_014 S' -0 "t 23' -p'+ 77' -0.. 15' 0•' 5 �_0..( PJ,.R.A?�=.LET. PARK =IaG -- THaiOUGH T��AFF9` =C ONLY - MJ,NSCTV'ER22�IG AREA ONE W.&Y 3-31 •— TWO WAY 2 2 ENZ'F2.ANCE /EX =T L:.�R =VEWAYS ONE WAY 1 2 • - U'WO WAY 22' Supp, No. 4 I 96.4 OTHER REGULATIONS 20 -4.4 (M) Valet Parking Permits for Use of Public Property. (1) Separate Permit Required. The City of South Miami shall issue valet parking permits to valet operators who conduct their operations on public property and who meet the requirements of this section. No valet parking shall occur on public property without the operator securing a valet parking permit from the City. A separate permit is required for each ramp location where valet parking services are provided. Valet parking permits shall only be issued to operators who are licensed by the City of South Miami pursuant to this Chapter. (2) Permits. (a) Requirements. No Valet Parking permit shall be issued without the proof of the following: i. Approval from the City's Risk Manager indicating that the valet parking �I operation has met the following insurance "requirements: 1. Commercial general liability or damage liability insurance in the amount of $1,000,000.00 per occurrence, and in the aggregate, and per location covering bodily injury and property damage resulting from the valet operators' activities connected with the handling of vehicles on public property. This policy must name the city as an additional insured and provide that the policy provides primary coverage. 2. Garage keepers legal liability insurance to provide collision on and comprehensive coverage for vehicles under control of the valet operation with minimum limits of $300,000.00 P er location' with a maximum Self Insured Retention SIR or deductible of $1, 000.00. 3. All required insurance policies are to be issued by companies rated A or better per Best's Rating Guide, and rated FPR 6 or better per Best's Vulnerable FPR Rat* Scale applying the latest edition Th e policies s g must provide the City with thirty (30) days written notice of cancella- tion. 4. Valet operators must submit a certificate of insurance and a certified copy of their policies to the City's Risk Manager for determination that the insurance requirements of this Ordinance have been met :prior to the issuance of a permit and upon request by the Risk Manager. 5. Each valet operator applying for a permit for use of public property shall execute an agreement approved; by the City Attorney providing that the valet parking operator shall indemnify, hold ',harmless and defend the City and its officers, agents and employees against and assume all liability for any and all claims, suits, 'actions, damages, liabilities, expenditures, or causes of actions of any kind arising from its use of the public streets or public parking places for the purpose authorized in this Section and resulting or accruing from any alleged negligence, act, omission or error of the valet parking operation, its Supp._ No. 5 96.5 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE agents or employees and/or arising from the failure of the valet operation; its agents or employees to comply with each and every requirement of this section or with any other city or county ordinance or State or Federal law or regulation applicable to the valet parking operation resulting in or relating to bodily injury, loss of life or limb or damage to property sustained by any person, firm, corporation or other business entity. ii. If incorporated, ` the valet operator shall provide a copy of a certified certificate of good standing. iii. Notarized written authorization on company letterhead from the owners/ operators of the City- licensed commercial establishments for which the valet operator is providing parking services: iv. Valid occupational license. V. Identification of the location of vehicle storage space, and proof in the form of an executed lease or rental agreement or notarized letter of authorization from the owner of the property, which shall include the number of spaces authorized for use by the valet operator, and term of the lease for storage space sufficient to service the establishment for which the permit will be issued. The storage space obtained will be reviewed for sufficiency by the City. (b) Term and Renewal. i. The term of each permit. shall be for one year. ii. Renewal shall be on an annual basis and shall only be granted after approval from the City of South Miami. j(c) Cancellation and Revocation. The City shall cancel and revoke the permit if the valet operator no longer services the commercial establishment that authorized L its operation at that location. This cancellation and revocation may be effective whether: I i. The valet operator voluntarily discontinues service to the establishment; ii. The establishment cancels and revokes authorization for the valet operator to service the location; iii. The City cancels and revokes authorization for the valet operator to service the location. Cancellation and revocation of the valet permit by the City under any of the above scenarios shall be effective immediately upon service of the notice of cancellation. Under subparagraph "c above, the City shall inform in writing the commercial establishment being serviced by the valet Supp. No. 5 96.6 OTHER REGULATIONS 20 -4.4 operator of the cancellation and revocation. Service of the notice of cancel - lation and revocation shall be by hand delivery or certified mail, return receipt requested. (3) Rental and Operation of Municipal Parking Spaces (a) Rental of Public Spaces for Ramping. The City shall rent to the valet operator public on- street/curbside parking spaces that shall be used only for the ramping J Supp. No. 5 96.6. L OTHER REGULATIONS 20 -4.4 of vehicles. Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to turn it over to or retrieve it from valet employees. Ramping shall only be operated in the public on- street /curbside spaces provided for ramping. There shall be no storage of vehicles in the area designated for ramping. A vehicle will be considered stored if it remains in the ramping area for more than fifteen (15) minutes. This policy will be modified after all establishments serviced by the ramp are closed for further business. At this time the City may, at its own discretion, allow vehicles of remaining customers to be parked on the spaces leased for ramping: Ramping on public property shall not occur in any other location than the on- street /curbside spaces provided for ramping. Any type of sign, structure or other type of object used to identify the ramp shall not block leased spaces. Vehicle key lock boxes used at the ramp location are not to obstruct pedestrian or vehicular traffic. Leased space shall not be cordoned off with posts, chains or signage of any type except that approved by the City indicating the designation of the rented valet parking area. At its sole discretion and judgement, the City shall provide to the valet operator ramping space in close proximity to the establish- ment being serviced, if sufficient spaces are available and if the location is considered appropriate. If there is not sufficient space available for rental in front of the establishment, the City shall lease spaces as close to the establishment as possible. Ramping will not be allowed if',the City determines, at its sole discretion, that it would be an unsafe'' activity at that location. (b) Rental Fees for Public On/Street curbside spaces. The fee for use of rented spaces shall be P ace $9.00' per s per day, seven days per week, based on a twelve hour P P , period defined as the hour's between 6:00 p.m. to 6:00 a.m. use, and $15.00 per space per day, seven days per week based on twenty -four hour use. Fees shall be paid in advance on a monthly basis, commencing on the date the locations are rented to the valet operator'by the City. Advanced payment for meter rentals shall not be made for a period 6' ceeding one month. All additions or changes to existing leased public on- street /curbside parking spaces for ramping, shall be paid upon request. All valet space lease requests shall be required in writing to the City Manager or his/her, designee, twenty -four hours in advance, and received no later than 3:00 P.M., daily. Exceptions and lease cancellations ' not made within the prescribed period will be assessed a $20.00 processing`` fee. The rental fee structure will be reviewed and may be adjusted periodically by the City. (c) Number of spaces leased for ramping. The amount of ramping spaces available, to the valet operator shall be determined by the frontage of the establishment being serviced provided that there is sufficient public on- street /curbside spaces avail able for ramping, as determined at the sole discretion of the City. (d) Subletting. Leased public on- street /curbside spaces may not be sublet. (4) ` Rental of Additional Parking for Storage of Vehicles for Sp: ecial Events/Program. Storage space required for the operation of a valet service must be provided in parking Supp. No. 4 96.7 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE lots. Facilities must meet all applicable Code and Ordinance requirements of the City of South Miami, The City may lease additional valet spaces for the storage vehicles for special events, special programs, or at the request of the valet operator if the proposed valet storage does not take away from public parking demand in the area. The fee for use of storage parking spaces shall be based on a twelve -hour period at a rate of $10.00 per space /per day. Fees shall be paid in full twenty -four hours in advance of the special event or program. (5) Private Storage of Valet Vehicles. Valet operators shall store vehicles on private parking lots which are properly zoned and permitted as parking lots. The valet operator shall provide to the City satisfactory documentation from the parking facility owner or management company /agent authorizing the valet operator to use those facilities for the purpose of storing valet parked vehicles. (6) Employees and Valet Operators Code of Conduct. The valet parking operator shall require its employees and independent contractors to meet the following requirements: (a) All employees who operate motor vehicles shall have " a valid Florida driver's license in good standing and shall abide by all City of South Miami and Miami -Dade County traffic regulations. (b) All employees shall be in similar uniform. (c) All employees shall wear on their uniform a name tag using printed letters of an easily legible print size identifying the employee's name. Such tag must be placed in a visible location such as the employee's chest. (d) All employees shall perform their duties in a courteous and professional manner. Employees found by the City, at its sole discretion , and judgement, to perform their duties in a manner that is disruptive to the peaceful enjoyment of the surrounding neighborhood or in a reckless or unprofessional manner; shall be cause for the City to request the immediate removal of the employee from the valet operation. The City shall issue a Valet Code of Conduct warning to the valet operator, for any employee found to perform his duties in a disruptive or discourteous manner. The valet operator will have thirty minutes from the issuance of the W: arning to remove the employee from its operation for a twenty -four hour period. The employee may not be moved to any other valet location in the City of South Miami. If the employee is not removed within the requisite thirty minute eriod � Y the City: shall issue a Valet Code of Conduct p Violation. (7) ' , Operation of Service. (a) , Identification of Leased Spaces. Leased spaces shall be so designated by the City as leased parking areas. The designation_ shall be ,defined by bagged meters and/or clearly marked signs installed on each meter post indicating the parking restriction, (b) Ramping. Ramping shall only be operated in the spaces provided for ramping. There shall be no storage of vehicles in the area used for ramping. Ramping on I l Supp. No. 4 96.8 20 -4.4 public property shall not occur in any other location than the public on- street/ curbside spaces provided for ramping. Ramping from a moving lane of traffic is strictly prohibited. (c) Storage. Storage of vehicles shall only be in private spaces or in leased municipal spaces as provided by the City. Other than the leased municipal spaces, there shall be no storage of vehicles on any municipal property whatsoever. The valet operator shall clearly identify the vehicles in their possession during the entire period that the car is in their possession. Identification shall be made through a ticket stub visibly placed on top of the dashboard of the stored vehicle' and shall state the name of the valet operator and identification of the .ramp from which the vehicle was retrieved. Ramp identification shall be made .by stating the name of the establishment which the ramp is servicing. Unauthorized storage of valet vehicles in municipal parking facilities or at any public on- street/curbside parking spaces is strictly prohibited and shall result in the issuance of a Valet Violation to the valet operator in the amount of $200.00 per occurrence. (8) Exceptions: (a) Valet services operating for a special event may apply for a special event permit from the City's Manager office. Special event parking shall be restricted to any event occurring no more than twice per year and lasting no longer than three days in length. The special event permit will allow the valet operator to request from the City, additional ramping and/or storage space, if available, as long as it does not reduce the number of parking spaces needed to serve the general public in the area of the request. (9) Enforcement Fine Schedule and Right to Appeal. (a) Enforcement. The City shall enforce the provisions of this Ordinance, including the Valet Operators Code of Conduct. If a violation of this ordinance is found, the City shall issue a Notice of Violation to the violator. The Notice shall inform the violator of the nature of the violation, amount of the fine for which the violator may be liable, instructions and due date for paying the fine, and notice that the Violation may be appealed by requesting a hearing before the City's -Code Enforcement 'Board. 'Failure to appeal within ten days after service of the notice of violation shall constitute and admission of the violation and a waiver of the right to a hearing. (b) The following civil fines shall be imposed for each violation; 1. Operation without Valet Permit Immediate cessation of service and $250.00 2. Unauthorized/Illegal Ramping'' $150.00 per offense 3. Unauthorized/Illegal Storage $200.00 per offense 4. Penalty for Lapse in Required Insurance Immediate cessation of service and $150.00. Coverage In cases where more than one day has lapsed, $150.00 per day fine from date of lapse. Supp. No. 5 96.9 5. No Name Tag $25.00 per offense 6. No Uniform $25.00 per offense 7. No Valid Florida Driver's License $25.00 per, offense /and immediate removal of the employee from the valet operation. (c) Rights of violators; payment of fine, right to appeal; failure to pay civil fine, or to appeal. i. A violator who has been served a Notice of Violation shall elect either to: 1. Pay the civil fine in the manner indicated on the Notice; or 2. Request an administrative hearing within ten days of receipt of the violation before the Code Enforcement Board. ii. The City of South Miami may institute proceedings in a court of competent' f jurisdiction to compel payment of civil fines. iii. Additionally, a certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute alien upon any f other real or personal property owned by the violator and it may be enforced in the same manner as a court judgement by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgement except for enforcement purposes. After two (2) months from the flag of any such lien which remains unpaid, the City of South Miami may foreclose or otherwise execute upon the lien. t f j iv. As an additional means of enforcement, the City will revoke the valet permit when there are repeated violations of this Ordinance. Specifically, any two " (2) violations issued within a three -month period for the following opera - tional deficiencies may result in the revocation of the valet permit: Unauthorized/Illegal Ramping; Unauthorized/Illegal Storage. i (d) Valet Operator's Responsibility for Vehicles in their Possession. Valet operators shall pay all fines and a fee, including towing charges, arising in connection with a patron's vehicle that is in the possession of the valet operator at the time the charge is incurred. This does not preclude the valet operator from also being cited for violations of this section which resulted in the imposition of the fines and fee. (10) Compliance Date. All valet operators in the City of South Miami shall comply with this Section within 30 days of its approval by the City Commission on second reading. (Ord. No. 1 -99- 1675, § 1, 1 -5 -99) Editor's note -Ord. No. 9 -99 -1683, § 1, adopted May 4, 1999 relettered subsection (K) as subsection (L). To avoid duplication of subsections, former subsection (L) has been redesig- nated (M) at the discretion of the editor. (Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 13 -91 -1478, 5 -7 -91; Ord. No. 18 -91 -1483, 7- 23 -91; Ord. No. 17.94 -1567, §§ 1 -5, 11 -1 -94; Ord. No. 21- 96- 1621, §§ 1, 2, 11- 19 -96; Ord. No. 8- 99- 1682, §§ f.. 2, 3, 5 -4 -99) Supp. No. 5 96.10 TmT i 5. No Name Tag $25.00 per offense 6. No Uniform $25.00 per offense 7. No Valid Florida Driver's License $25.00 per, offense /and immediate removal of the employee from the valet operation. (c) Rights of violators; payment of fine, right to appeal; failure to pay civil fine, or to appeal. i. A violator who has been served a Notice of Violation shall elect either to: 1. Pay the civil fine in the manner indicated on the Notice; or 2. Request an administrative hearing within ten days of receipt of the violation before the Code Enforcement Board. ii. The City of South Miami may institute proceedings in a court of competent' f jurisdiction to compel payment of civil fines. iii. Additionally, a certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute alien upon any f other real or personal property owned by the violator and it may be enforced in the same manner as a court judgement by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgement except for enforcement purposes. After two (2) months from the flag of any such lien which remains unpaid, the City of South Miami may foreclose or otherwise execute upon the lien. t f j iv. As an additional means of enforcement, the City will revoke the valet permit when there are repeated violations of this Ordinance. Specifically, any two " (2) violations issued within a three -month period for the following opera - tional deficiencies may result in the revocation of the valet permit: Unauthorized/Illegal Ramping; Unauthorized/Illegal Storage. i (d) Valet Operator's Responsibility for Vehicles in their Possession. Valet operators shall pay all fines and a fee, including towing charges, arising in connection with a patron's vehicle that is in the possession of the valet operator at the time the charge is incurred. This does not preclude the valet operator from also being cited for violations of this section which resulted in the imposition of the fines and fee. (10) Compliance Date. All valet operators in the City of South Miami shall comply with this Section within 30 days of its approval by the City Commission on second reading. (Ord. No. 1 -99- 1675, § 1, 1 -5 -99) Editor's note -Ord. No. 9 -99 -1683, § 1, adopted May 4, 1999 relettered subsection (K) as subsection (L). To avoid duplication of subsections, former subsection (L) has been redesig- nated (M) at the discretion of the editor. (Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 13 -91 -1478, 5 -7 -91; Ord. No. 18 -91 -1483, 7- 23 -91; Ord. No. 17.94 -1567, §§ 1 -5, 11 -1 -94; Ord. No. 21- 96- 1621, §§ 1, 2, 11- 19 -96; Ord. No. 8- 99- 1682, §§ f.. 2, 3, 5 -4 -99) Supp. No. 5 96.10 TmT OTHER REGULATIONS 20 -4.6 (3) Failure to install or maintain landscaping according to the terms of Section 20 -4.5 shall constitute a violation of this Code. (4) Failure to plant, preserve, or maintain each individual tree shall be considered a separate violation of this Code. (5) Each day in which either landscaping or individual trees are not installed or maintained, according to the terms of Section 20 -4.5, shall constitute a continuing and separate violation of this Code. (6) Any person, firm or entity violating any provision under Section 20 -4.5 shall be subject to a „fine of up to two hundred fifty dollars ($250.00) per day per tree, pursuant to provisions of this Code and State. (Ord. No. 3 -96 -1603; § 2, 4 72 -96; Ord. No. 7 -98 -1655, § -1, 4- 21 -98) 20 -4.6 Environmental review standards. The following standards shall be utilized by the environmental review and preservation board in their review and evaluation of all site and landscape plans as required by this Code. (A) Natural Environment. (1) Proposed development shall be designed in such a manner so as to preserve and protect existing environmentally - sensitive -lands and natural resources, such as and including soils, ground water, surface water, shorelines, vegetative communities, fisheries and wildlife habitats: (2) Natural landscaping shall be retained, insofar as is practical, and additional landscap- ing shall be added, if necessary, to improve the overall visual quality of the proposed development. (B) Buildings and Other Structures. Proposed structures shall be related harmoniously to the natural terrain, existing buildings and surrounding neighborhood. J (C) "Circulation and Parking. (1) With respect to vehicular and pedestrian circulation, special attention shall be given to the location and number of access points, general 'interior circulation, separation of pedestrian and vehicular traffic and arrangement of parking areas. (2) Such areas shall be safe and convenient and not detract from the design of proposed buildings and neighboring properties. (D) Storage. (1) Exposed storage utility areas, utility buildings and structures and similar accessory areas and structures shall be subject to such placements, screen plantings or other screening methods as shall be required to prevent their being incongruous with existing or contemplated environment or surrounding properties. (Ord. No. 15 -92 -1510, 9 -1 -92; Ord. No. 12 -96- 1612; § 2, 7 -30 -96 Ord. No. 19 -96 -1619, §§ 6, 7, 10 -1 -96) Editor's note- Section 2 of Ord. No. 12 -96 -1612, adopted July 30, 1996, renumbered § 20- 4.6(E) and (F) �s § 20 -4.9. Supp. No. 4 96.34.9 Chapter 15A PARKING METERS* Sec. 15A -1. City, manager to establish zones, install meters, set fines. The city manager is hereby vested with the authority to establish zones in the offstreet parking lots and parking facilities owned or operated by the city, such zones to be known as parking; meter zones; in such parking meter zones, the city manager shall install or cause to be installed parking meters and designate parking meter spaces, and to fix the time limitations for parking in'such zones and parking meter spaces. (Ord. No. 477, § 1, 2 -5 -63) See. 15A -2. Notation, construction of meters. Meters installed ' in parking meter zones in the city shall be placed at the curb immediately adjacent to the individual' parking spaces herein described. Each parking meter shall be placed or set in such a manner ` as to indicate by signal that the parking space adjacent to such meter shad' or shall not be legally-4n use. Each parking meter shall, be installed 51.""'' `" and set to display, upon the deposit of one or more designated ` coins in United States currency therein, a signal indicating legal parking for that period of time conforming to the limit of parking which has been or may be established for that particular area or zone of the pavement on which said park ing meter is installed—Each meter shall also be so arranged that upon the expiration of the legal parking time, the meter shalll indicate by a mechanical operation and a display of" fi the. proper'signal that the lawful parking period has expired. (Ord. No. 477, § 2, 2 -5 -63) *Editor's note —Ch. 15A is derived from Ord. No. 477, §§ 1 -16, which did not expressly amend. this Code. Sections 17, 18 and 19 of said ordinance, declaring an emergency providing severability and authorizing inclusion' in this Code, have not been codified. Cross reference— Inspection station and parking control division,§ 2 -7.1 Supp. No. io 226.1 *„ ? �s A § 15A -3 SOUTH MIAMI CODE § 15A -5 See. 15A -3. City manager to mark spaces• parking within ` spaces; maximum vehicle length. E The city manager shall cause to have sf,e��AP`F hinted or placed in`r the city, lines or markings u pon the curb or upon the pave. ment ,adjacent to each parking meter for the purpose designating he ,pose of g parking space for which said meter is to be , used, and any vehicle parked alongside of or next to any parking meter shall park within the lines or' markings ' established. It shall be unlawful to park any vehicle acmes any such line or marking, or to ark p any. vehicle the. overall rh k t length of which exceeds twenty feet, in an Y parking meter Parkin s 477 g hate. {Ord. No. , § 3 2 -5 -63 f ) Sec. 15A -4. Manner of parking. Whenever any parking space in an meter the city shall be parallel with the adj c n Sidewalk, any vehicle parked in said Parking - spac6 'slldll be par, Kea h41 t t>* such manner that the foremost portion of such vehicle shall be , 44kY�+iin alongside of and nearest to the parking meter; when parking . r space in any parking meter zone shall be .diagonal to the curb or sidewalk, any vehielb parked in such parkin s g � p ce shall be parked with the foremost portion of such vehicle directedm at and nearest to such 'meter. (Ord. No. 477, § 4 2-5 r ,t Sec. 15A -5. Deposit of coins required;,overtinee park mg; flours of meter operation. 5 When any vehicle shall be parked in any space alongslde of Or next to an s ace in Y p the city in which isr a parking meter ; , located, the operator of such vehicle shall immediately, upon entering the said parking space, deposit or cause to be= de-{ ti y posited in such parking meter a coin or coins in United States x„ currency, in such denomination as described bed on the meter and the Parking space may then be lawfully ,occupied by such vehicle during the period of parking time whlch`'hasrj� been prescribed for that portion of the pavement ;zn which' the " parking space is located. If any vehicle shall remain �a in an Par-king 7 , Y meter space beyond the time Sparked SuPp. No. 10 parking 226.2 r § 15A -9 SOUTH MIAMI CODE § 15A -12 'i pubHe pavements, and to cover the cost of the supervision, in E spection installation, operation, maintenance, control and use k of the parking spaces and parking meters described herein, together with the cost of supervising an d regulating the park - 3 } ing of vehicles in the parking meter zones created. (Ord. No. 477, § 9, 2 -5 -63 Sec. 15A -I0. Police to enforce chapter. p, It shall be the duty of the police officers of this city to en- force the provisions - of this .chapter: and they are hereby b vested with all power and authority necessary for the en- - forcement thereof. (Ord. No. 477, § 11, 2 -5 -63) -Sec. 15A41. Summons for violations. Any person violating any of the provisions of this chapter may be served with 'a summons for such violation as herein - after provided. The summons as used herein .shall be a written notice issued and served by city police officers to a person who shall be ordered thereby to personally appear at police headquarters at a specified time to answer to a viallation of the chapter stated thereon and to make satisfaction for such charge by paying a prescribed penalty fine or by having such charge transferred to the municipal court docket for a hearing on such charge in municipal court. The summons herein pro- vided for shall have written thereon, the 1 offense, timle, place, license tag number, description of the vehicle, the name and address of the offender if known, and such other information as the chief of police deems necessary, together with instruc- tions to appear at police headquarters not later, than the time specified hereon. (Ord. No. 477,'; § 12,' 2 -5 -63) See. ,15A -12. Failure to answer summons. Any person who has been served with a summons and who shall fail to appear at police headquarters within the time specified in such summons may be arrested forthwith and tried in municipal court and shall be subject to the penalty herein prescribed for the violation charged _for such summons, together with any additional' costs.. • (Ord. No. 477, § 13, 2-5-63) supp. No. io 226.4 �`i ` r Y44 § 15A -16 SOUTH MIAMI CODE § 15A -16 ' the charge; provided, however, that the city may refuse to # accept., the payment of the fine. under the provisions of this section for any violation "set forth herein, for which a summons shall have been issued and may require the. offender to - appear in the municipal court for trial on such violations: s First ; Second Third ,a Section Offense Offense Offense 15A -3 and 15A -13 ay Overpacking $3.15 $5.25 $7.35 ! 15A -4 and 15A -5 �f Improper parking 4.20 7.35 16.60 u; 15A -6 Extended parking 4.20 7.35 12:60 (The above penalties include the five (5) per cent surcharge provided for by Section 960.25 of the Florida Statutes.) , (Ord. No. 477, § 16, 2 -5 -63; Ord. 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A o a Ili a rt .n ro ro y b b y b ro ro ro o b b b b ro bb b b b b ro b ywq by ye bbbm y yAy y ry 0 'X < om o n d N. e m rt p " 0 y4y y4y y4y y4y y4y y4y y4y y4y y4y y4y y4y 0 0 y4y y4y y4 y4 y4 y4 y4 y4 4y y4y y4y y4y y4y y4y y4y y4y y4y yy4 y4y y4y y4y y4y y4y y4y y4y 0 -O O N � M DI e p Lo m . � U, n O fr W eO m a 0 0 H .. \ O 0 0 0 0 o 0 0 0 0 0 0 0. 0 0 0 i N N p.. p O. O _ P N w a rr 0 e m m ��Se, .. .'a -'-- a .. .. ,.. •r4"asi. x.-- �- �- c,^n�. ns.^.r �-: ,...._ .-. ,.,;_s ^e --'T— ...�� ,5!.�'���� ni%'s'#�i.�� Ik�'; ° u m m N m m uNN m n n m ° N uaU r: n P Y a N N o Y r Y o rt tl N 0 N a x n N R m O - P '(D R 0O rt x P (D (D A \ — - .. (} n N rt P P t, W a r. (D o D] 0 rr (D N N G Di ED N N N 0 P N N m (D r O x7 p 3 n m r• a 10 Z 0) 0 w o. 4y. 44y Ay 44y 4y 4y 4y 44y yy 44y 4y A O y4y y4y .g3 �. x � \ LQ p P e -(D\ O e r u \ O n O H a a rt n N O A 8 O n r n R N r .�- � ,-- --:� -_ ,.,,.. .,,;:, .. T—., .- �.m�-- ^°-- ;.�..- �- ^s^sa -.�;- �.-^r� �-:T— ..-, .. �„', •— °rte ^� -�-'," .,,.., -�-3 -- „fit - ;- �-^�.. ,�,- .,.��x',,- e�',��;€�;.�'��s �ss�., , a�: �%, � �s v --. City of South Miami 6130 Sunset Drive South Miami, FL 33143 PHONE (305) 595 -4866 7822 S.W. 66TH STREET MIAMI, FL 33143 Re: Proiect to Operate and Maintain a Comprehensive Parking Program Dear Sir or Madam: Thank you for providing Stroyne Bros. South with this opportunity to submit our proposal for your Comprehensive Parking Program. Our experience with valet ramp supervision, parking decal programs, cash key operations, parking meter enforcement, parking meter maintenance and parking meter revenue collection will offer your city a turnkey operation. The same quality of service we have offered the City of South Miami since 1985. Stroyne Bros. South, Inc. has been in the parking field since January of 1975, a total of 28 years of parking services experience. Sincerely, Ronald M. Stroyne President PROPOSAL Submitted: JUNE 27th, 2003 TO: City of South Miami South Miami, Florida PROJECT: Promote, Operate, and Maintain a Comprehensive Parking Program Gentlemen: The undersigned as Proposer hereby declares that the only person or persons interested in the Proposal as, principal or principals is or are named herein, and that no other person herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Proposer further declares that the Proposer has examined the documents and visited the site and that the Proposer is fully aware of all the conditions pertaining to the Proposal. The potential successful Proposer wishes to enter into an Agreement with the City of South Miami, Florida, to Operate, and Maintain a Comprehensive Parking Program for a period of two (2) years with renewable in three (3) one (1) year increments at the sole discretion of the City of South Miami. Enclosed are the following attachments as required: Attachment 1:Management Fee Proposal Attachment 2:Management Plan Attachment 3:Qualification Form Attachment 4:Financial Statement Attachment 5 :Florida Public Entity Crime Statement Attachment 6:Disability Non - Discrimination Statement The full names and addresses of persons and firms interested in the foregoing Proposals, as principals, are as follows: 1-RONALD M. STROYNE, PRESIDENT, STROYNE BROS. SOUTH INC. 7822 SW 66 STREET 2, MIAMI, FLA. 33143 3 SUBMITTED BY: STROYNE;BORS. SOUTH INC. a/Corporationdaiz1KVz= Address- 7822 SWi-b- STREET City 14z AM IT State _ PT, A ____.,Zip Code i 3 i 4-9 Signature ` Title P R F 4 T D ENT Signature Title Page 8 of 16 ATTACHMENT 1 MANAGEMENT FEE PROPOSAL The Proposer submits the following Annual Management Fee, valid for the initial period of two (2) years, as a compensation for the services to be provided. Fees at the subsequent renewal years will be reviewed and may be renegotiated, if deemed appropriate by the City. TWO HUNDRED NINE THOUSAND EIGHT HUNDRED TWENTY FOUR ($209,824.00 ) (amount in words) (amount in numbers) Management Fee will be disbursed, monthly, to the successful Proposer on a prorated basis. The Management Fee will be considered as the full and complete compensation for all administrative, promotional, operational and maintenance expenses related to the Scope of Services required under this RFP. Any additional compensation, on a reimbursable basis, will only be allowed for pre- approved replacement of equipment ` and/or pre approved acquisition of new equipment. Page 9 of 16 ATTACHMENT 2 MANAGEMENT PLAN PROFESSIONAL EXPERIENCE AND IMPLEMENTATION • Our management team brings together our 28 years of parking related experience, combining parking meter maintenance, collection, enforcement and monitoring of valet ramps. • We pride ourselves on the fact that we have an employee on site everyday that the parking meters and valet ramps are in operation. • On duty management 7 days a week, 24 hours a day. PROMOTION: Our management plan and philosophy consists of frequent and periodic communication and interaction with city officers, regarding perceived parking needs, providing short term and long term parking solutions. Historically, our company has successfully assessed the installation of new parking meters and the implementation of designated "parking decal areas. Many parking decal areas can be implemented without the expense of parking meters, by just signage, and information flyers to the affected parkers, thus maximizing revenue to the City with minimum expense: Promotion of the City's parking installation has and will continue to be through the "cash key" program. Flyers for the cash key program describe the ease and convenience of using the cash key. Addressing patrons' inquiries and complaints, providing solutions and resolving conflicts 7 days a week, as needed. Advising citywide merchants and their staff of parking options available in the surrounding area. Stroyne Bros. has and will continue to provide the City with its assessment of the City's future parking needs, offering solutions and practical considerations to resolve such future issues. Stroyne Bros. South Inc. has been a member of The South Miami Merchants Association for many years. We presently promote and will continue to promote the City to this fine organization. Page 10 of 16 OPERATION: Maintenance: Proactive maintenance scheduled to be performed 5 days a week. Reactive maintenance to be provided 7 days a week, on an emergency basis, after hours and on weekends. Visual inspection of all meters on a:daily basis to ensure meter poles are not damaged, batteries are in full power, domes are clean and clear and, meter mechanisms are in proper working order for accuracy of time. Any jammed or malfunctioning parking meter will be repaired within 24 hours of notice, as to maximize the City's meter revenue. Stroyne Bros. will provide the necessary maintenance staff to complete this service. Collections: Twice weekly appears to be adequate for the level of current parking activity and size of operation. This proposal recommends twice weekly collections. At the city's discretion, additional meter collections can be tailored to accommodate City requirements. As part of the collection function, provider will secure transportation of meter . collection, following City's control requirements, to a City designated location or bank or financial institution. Collection includes bagging and tagging of coin bags to be delivered to the city's designated location or financial institution. Stroyne Bros. has over 28 years of parking services experience that includes parking meter maintenance and collection. Stroyne Bros. will provide the necessary collectors to complete this service. Enforcement: Seven days a week during hours of meter operation, as hours of operation are established by the city. Enforcement personnel will be the Front Line representing the ''City of South M' iami and Stroyne Bros. South, Inc. Enforcement officers will ensure that County and City parking laws and regulations are strictly complied with. Officers are also trained to offer directions and assistance to patrons looking for a certain address, hospital, restaurant, etc. Officers typically provide general assistance to patrons, including where to obtain change for the parking meter. Enforcement personnel will monitor all valet ramps downtown to ensure a smooth flow of traffic in and out of valet ramps. r Parking decal areas have been implemented throughout the city. Stroyne Bros. will monitor and enforce parking at decal designated areas. Page 10a of to .:, X3..5_..= Enforcement personal have graduated from Miami -Dade Community College for parking enforcement, and have a combined 40 years of parking enforcement experience. Stroyne Bros. will provide the necessary parking enforcement staff to complete this service. Valet Ramp Monitoring: Monitoring valet ramps to ensure smooth traffic flow in and out of the valet ramps. Enforcement officers will monitor and enforce that valet operators are in compliance with the City's valet ordinance. Proposer will verify payment of monthly fees from the authorized valet vendors to the City's Finance department. Stroyne Bros. will provide the necessary parking enforcement staff to complete this service. Decal Parking And Residential Parking: Parking permit compliance (expired decals, unauthorized parkers, etc.) will be enforced seven days a week, as violations are encountered. Stroyne Bros. will provide the necessary parking enforcement staff to complete this service. Page 10b of 16 i ATTACHMENT 3 PROPOSER QUALIFICATION FORM The undersigned certifies that the information provided herein is true and sufficiently complete so as not to be misleading. Stroyne Bros. South, Inc. Submitted by: 7822 SW 66 Street Miami FL 33143 Corporation Partnership Joint Venture 1. How many years have you been the successful Proposer of a Municipal Parking Facility /System? 28 years 2. Give names, locations, and dates of operations of places where operated (local municipal experience preferred). TYPE & NAME OF OPERATION LOCATION DATE a Parking meter enforcement, maintenance and City of Miami May 1, 1973 -July 12, 1985 Collection b Parking�meter enforcement, maintenance and Metro Dade County January 1, 1985 - August 1, 2000 Collection C Parking meter enforcement, maintenance and City of South Miami August 6, 1985 to date Collection d Parking meter maintenance City of Miami Beach June 1, 1983 - December 1, 1983 e Parking meter maintenance and collection Town of Surfside September 1, 1983 to date f Parking meter maintenance and collection Village of Bal- Harbour February 1; 1987 to date g Parking meter maintenance and collection City of Dania Beach April 1, 1987 -May 10, 2000 h Parking meter maintenance and collection City of Sweetwater July 12, 2001 — Nov. 12, 2002 i Parking meter maintenance and collection University of Miami January 24, 1996 to date j Parking meter maintenance and collection City of Sunny Isles Beach January 29, 1996 to date CONTACT OPERATION NAME PERSON ADDRESS /TELEPHONE # a Miami Parking Authority David Willis 190 NE 3rd St, Miami 33132 / Phone # (305) 373 -6789 City of Miami b Metro Dade County Etta Jardine 111 NW 1 St Miami FL 33128/Phone # (305) 375 -393 C City of South Miami Sandy Youkilis 6130 Sunset Dr, Miami FL 33143/ Phone # (305) 663 -6338 d City of Miami Beach Roger Carlton 1700 Convention Ctr Dr, Miami Bch FL e Town of Surfside Eduardo Rodriguez 9293 Harding Av Surfside FL 33154/ Phone # (305)9934051 f Village of Bat - Harbour Alfred Treppeda 655 -96 St, Bal Harbour FL 33154/ Phone # (305) 866 -4633 g City of Dania Beach Sheryl Chapman 100 W Dania Beach Blvd FL 33004/ Phone # (954)924 -3630 h City of Sweetwater Anita Diaz 500 SW 109 Av Sweetwater FL 33174/ Ph # (305)284 -0411 i University of Miami Walter Salas 5665 Ponce de Leon Blvd Coral Gables FL 33124 Ph # (305)284 -1640 j City of Sunny Isles Beach James Watts 17070 Collins Sunny Isles FL 33160/ Ph #(305) 947 -0606 Page 11 of 16 i 4. Has the Proposer defaulted on any previous agreement of similar scope? YES NO If yes, give details on separate sheet. Proposer Qualification Form Cont'd 5. Bank Referenced: BANK ADDRESS a. FIRST NATIONAL BANK OF SOUTH MIAMI 5750 SUNSET DRIVE BRUCE WIRTZ MACARTHUR SOUTH MIAMI b• FIRST _NATIONAL BANK OF SOUTH MIAMI 5750 SUNSET DRIVE CURTISS F. SIBLEY SOUTH MIAMI C. d. 6. Provide at least three references as to the Proposer's experience and ability to promote, operate and maintain Parking Facility: a• EDUARDO RODRIGUEZ 305- 933 -1051 b. ALFRED TREPPEDA 305 - 866 -4633 C. WALTER SALAS 305 - 284 -3074 7. Have you carefully inspected the site? YES NO 9. Have any of the principals ever been convicted by a court of law of any violation other than traffic or parking violations? YES ONO 9. Any pending litigation? YES NO If yes to questions 7, 8, or 9, please explain: I The Proposer understands that information contained in this qualification form is to be relied upon by the City of South Miami in awarding the proposed contract and such information is warranted by the Proposer to be true. Page 12 of 16 ATTACHMENT 4 FINANCIAL STATEMENT Attach a Financial Statement certified by either an appropriate Corporate Officer or an independent Certified Public Accountant. Provide any other information to establish Proposer's financial capability to provide the services required under this Management Agreement. r I Page 13 of 16 i .1047 William T. Fleming & Associates TAX CONSULTANTS STROYNE BROS. SOUTH INC BALANCE SHEET As of December 31, 2002 ASSETS CURRENT ASSETS CASH $ 10,937 TOTAL 'CURRENTS ASSETS $ 10,937 FIXED ASSETS EQUIPMENT $ 130,229 ACCUMULATED DEPRECIATION (127,158) TOTAL FIXED ASSETS 3,071 TOTAL ASSETS $ 14,008 LIABILITIES & EQUITY LIABILITIES NOTES PAYABLE $ p TOTAL LIABILITIES $ p EQUITY CAPITAL STOCK $ 500 RETAINED EARNINGS 13,508 r TOTAL EQUITY 14,008 TOTAL LIABILITIES & EQUITY $ 14,008 COCONUT GROVE STATION, BOX 331034, MIAMI, FL 33233 -1034 • (305) 854 -3747 00 William T. Fleming & Associates TAX' CONSULTANTS STROYNE BROS. SOUTH INC INCOME STATEMENT For period ended December 31, 2002 GROSS RECEIPTS $ 258,536 OPERATING EXPENSES EXPENSES ENFORCEMENT $ 3,069 SALARIES OFFICERS 44,000 SALARIES OTHER 125,676 PAYROLL TAXES 13,423 INSURANCE 26,925 MAINTENANCE & SUPPLIES 27,952 TRUCK EXPENSES 7,009 TELEPHONE 5,206 PROFESSIONAL SERVICES 3,606 OFFICE EXPENSES 3,038 BEEPER 165 PROMOTIONAL EXPENSES 150 UNIFORMS '& ACCESSORIES 1,736 DUES, LICENSES & PUBLICATIONS 548 BANK CHARGES 95 i DEPRECIATION 5,085 TOTAL OPERATING EXPENSES $ 267,673 NET INCOME (LOSS) S (9,137) COCONUT GROVE STATION, BOX 331034, MIAMI FL - • - , 33233 1034. (305) 854 3747. ATTACHMENT 5 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIlvIES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by: THE CITY OF SOUTH MIAMI (Print name of the Public Entity) for: RONALD M. STROYNE, PRESIDENT & OWNER (Print Individual's Name and Title) STROYNE BROTHERS SOUTH INC. (Print name of entity submitting sworn statement) whose business address is: 7822 S. W. 66th STREET MIAMI,, FLORIDA 33143 and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 1516090 (If the entity has, not FEIN, include the Social Security Number of the individual signing this sworn statement.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,, collusion, racketeering, conspiracy, or material misrepresentation 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a friding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charge brought by indictment or information after July 1, 1989, as -a result of a jury verdict, non' jury) trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph' 287.133 (1) (a), Florida Statutes, means: 1. A predecessor or, successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person of shares constituting a controlling interest in 11 1 another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a'',person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (1) (e) ,Florida, Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Page 14 of 16 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). Neither the entity submitting this sworn statement, or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1 1989. The entity submitting this sworn statement, or one or more of its officers, directors,' executives, partners, shareholders, employees,' members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of. Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted proposer list. (Attach a copy of the Final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN §ECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFO TION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this eel ersonally known Or Produced identification . (Type of Identification) 7 day of T,,, e- ,207 3 Page 15 of 16 ATTACHMENT 6 DISABILITY NON - DISCRIMINATION STATEMENT THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMMSTER OATHS. This sworn statement is submitted to City of South Miami by RONALD M. STROYNE (print individual's name and title) for STROYNE BROS . SOUTH INC. (print name of entity submitting sworn statement) whose business address is: 7822 S.W. 66th STREET MIAMI, FLORIDA 33143 and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 1516090 (If the entity has no FEIN, include Social Security Number of the individual signing this sworn statement.) I, being duly first sworn state that the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any S: ub - Contractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and service:, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 1210112213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Sections 5553.501 - 553.513, Florida Statutes. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended 42 U.S.C. Section 3601 -363 La' Si tore Sworn to and subscribed before me this ( 9 day of JZ.en Q-� 20 Personally known, - Or Produced identification (Type of Identification) Ronetfa TayW No " lic -State of f v'.®' a .4 - ° °'°9'8e My Commission expires (Printed, typed, or stamped commissioned name of notary public) Page 16 of 16 Proposal to Promote, Operate and Maintain a Comprehensive Parking Program for the City of South Miami Miami, Florida Submitted to Standard Parking' 1674 Meridian Avenue • Suite 106 Mr. Orlando Martinez Miami Beach, Florida 33139 Assistant City Manager (305) 534 -6888 • Fax (305) 534 -0053 Mobile (305) 796 -1703 E -mail: flaso @apcoastandard.com Franklin Laso Amblano• In Parking. Senior Manager _ June 27, 2003 i I i Standard Parking Ambiance in Parking® ©2003 by Standard Parking Corporation. All " rights reserved No material may be used, reproduced or distributed without the written permission of Standard Parking Corporation. U Is zz o'a z'oo mm ZO u Table of Contents Presentation Letter lWav sgement Pee Proposal Management Plan Revenue Enhancement Programs Proposer Qualification Foam Financial Statement Public Entity Crime Pow Disability Non-Discrimination Statement Comparison of Benefits Ambiance in Parking Financial Reporting I Information Systems I, Hiring and Pre- Employment Screening M Employee Training N Employee Appearance and UnHorms O Insurance Coverage / Claims P Representative Property List Q Affirmative Action A June 30, 2003 Mr. Orlando Martinez Assistant City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: City of South Miami's May 30, 2003 Request for Sealed Proposals to enter into a Management Agreement to Promote, Operate and Maintain a Comprehensive Parldng Program( "RFP "). Dear Mr. Martinez: We appreciate the opportunity to submit our proposal to provide parking management services for the City of South Miami Beach. Our submission is organized in two basic parts: 1. The Required Information section presents: • our Management Fee Proposal; • Management Plan; and • Qualification Form. 2. The material at the Ambiance in Parking section amplifies on our credentials and qualifications and explains in detail the various ways in which we work to m�ximixe your facility's profitability and enhance its value through excellence in management services and the application of creativity and innovation. As a Standard Parking client, you will benefit from our experience and success operating first-class parking facilities across the country. Our company today manages more than one million parking spaces in over 270 cities throughout North America, handling annual gross parking revenues in excess of $1.5 billion. In the final analysis, it is our commitment to professionalism and first -class customer services and amenity programs, and our tenacious attention to detail, that separates us from our competition. Project Musion To provide the highest quality parking professionals to effectively accomplish the Management Agreement to Promote, Operate and Maintain a Comprehensive Parking Program for the City ofSouth Miami. Our Commitment Standard Parking will deliver the Scope of Work; Requirements, and Spec fflcation that have been outlined in the Request for Proposal document and willfully comply to meet those associated requirements. We wholeheartedly believe that we are the parking management company best suited to achieving your goals for the City of South Miami. Our continuing commitment at all levels, from our President to meter collectors and enforcement officers, will assure a first- class, customer service oriented parking operation. General Project Overview When we are selected to Manage, 'Promote, Operate and Maintain a Comprehensive Parking Program, we will provide qualified parking professionals to effectively collect the parking meters, located at sites designated herein within the City of South Miami and provide experience enforcement personnel to enforce all Local, County and State Parking Ordinances. Standard Parking employees will transport all coins collected form the parking meters to any place within the City of Miami deemed acceptable to the CSM for the purpose of counting, storing, depositing or any combination thereof. With Standard Parking's local infrastructure (300+ employees), Standard Parking will be able to provide required staffing levels at all times. We will also provide the enforcement of any and all State, County or City's Ordinance, thru our enforcement program. As we are aware of your desire for a high level of customer service, Standard Parking's employees will perform in a manner that represents the high quality standards that are associated with the City of South Miami. Standard Parking's employees will be trained to efficiently administer the policies and procedures set forth by the City of South Miami. Standard Parking will provide the City of South Miami a superior management style that begins with on -site management coverage, meter collectors, meter repairmen and experience enforcement personnel with dedication to our project mission - To provide the highest qualitkparking professionals to effectively accorrtptish the Management, Promote, Operate" and Maintain a Comprehensive Parking Program for the City of South Mianu Florida Operations Currently, Standard Parking operates some of the most premier facilities in the State of Florida.. Below is a representative list of some of those parking facilities: • City of Miami Beach Parking Meters Collections (8,600 meters) Miami Beach, FL • City of Miami Beach (over 4,600 parking spaces) Miami Beach, Florida • Jackson Memorial Hospital (10 Parking Structures/Surface Lots) - Miami, Florida ■ City of Coral Gables (Municipal Garages and Surface Lots) Coral Gables, Florida ■ 255 Alhambra (Parking Structure) — Coral Gables, Florida ■ 1401 Brickell Avenue (Parking Structure — Miami, Florida ■ First National Bank of South Miami (Surface Lot) - Miami, Florida ■ SunTrust (Parking Structure) — Miami, Florida ■ Annex (Parking Structure) - Miami Florida 4 ■ Beach Place (Parking Structure) — Ft. Lauderdale, Florida ■ Miami Center (Parking Structure) - Miami, Florida ■ Datran I & H (Parking Structures) — Miami, Florida Capital Plaza I & -H Orlando, Florida • Citrus Center — Orlando, Florida • City Commons Parking Facility — Orlando, Florida ■ Orlando Science Center — Orlando, Florida. We are truly enthusiastic about the possibility of providing the highest quality -p professionals to effectively accomplish the Management, Promote, Operate and Maintain a Comprehensive Parking Program for the City of South Miami. We believe that our current South Florida infra- structure, extensive experience and success with municipal parking, meter collections & enforcement, special event and stadium parking operations (see references enclosed), coupled with our commitment to provide the highest quality service in the industry, render us uniquely qualified to provide you with our services. The undersigned as Proposer hereby declares that the only person or persons interested in the Proposal as principal or principals is or are named herein, and that no other person herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Proposer fiuther declares that the Proposer has examined the documents and visited the site and that the Proposer is fully aware of all the conditions pertaining to the Proposal. The full names and addresses of persons and firms interested in the foregoing Proposals, as principals, are as follows: 1. Standard Parking 1674 Meridian Avenue, Suite #106, Miami Beach. Fla. 33139 2. Frank Pintado, 8320 SW 63rd Court, Miami, Florida. 33143 Standard parking authorizes the City of South Miami Parking Authority to solicit and obtain information and verification from any source named on or in connection with this Proposal. Again, thank, you for the opportunity to submit our proposal. Please do not hesitate to contact us for additional information or to discuss our proposal in greater detail. We look forward to hearing from you. Sincerely, d Parking 5 k B Attachment 1 Management Eee Proposal I ^41�YIW�� Standard Parking submits the following Annual Management Fee, valid for the initial period of two (2) years, as a compensation for the services to be provided. Fees at the subsequent renewal years will be reviewed and may be renegotiated, if deemed appropriate by the City. Hundred fighftEigbt Thousand Eight Hundred jmdEightv D llars ($ 18$,8$0.00 l (amount in words) (amount in numbers) Management Fee will be disbursed, monthly, to the successful Proposer on a prorated basis. The Management Fee will be considered as the full and complete compensation for all administrative, promotional, operational and maintenance expenses related to the Scope of Services required under this RFP. Any additional compensation, on a reimbursable basis, will only be allowed for pre- approved replacement of equipment and/or pre - approved acquisition of new equipment. Projected Enhanced Revenues to The City of South Miami The Parking Meter Software (Ea. A) $20,000.00 The Immobilization Program (Boot) (Ez.B) $18,250.00 Meter Auditing Systems Ex. C} Total Projected Enhanced Revenues $38,250.00 Standard Parking Management Fee Proposal $188,880.00 Total Projected Enhanced Revenues $ 38,250.00 Projected Management Fee After Projected Enhanced Revenues $150,630.00 6 c ��. .. ��� .. �, Attachment 2 Management Plan Standard Parking shall provide meter collection for the 750 meters located within the City of South Miami. Standard Parking shall transport all coins collected from the parking meters to the location deemed acceptable to the City, for the purpose of counting, storing, depositing, or any combination. In addition, the Parking Enforcement Division of Standard Parking will be responsible for the enforcement of all parking regulations and ordinances enacted by the City of South Miami. Therefore ensuring more efficient vehicle turnover in the downtown corridor and business district of South Miami and will be instrumental in promoting good relations between the City and members of the community, local businesspersons and visiting tourists. Contract Manager Standard Parking, as part of it's commitment to The City of South Miami will hire a Contract Manager experience in managing and operating a comparable municipal parking system in a location of comparable importance as well as experience in managing a decentralized parking system to oversee and make sure that any and all of the City's needs are fully addressed in a prompt and professional matter, such as: • Enforce and administer Valet Parking Ordinance. • Enforce and administer the Residential Parking Ordinance • Purchase and install new parking meters and all necessary signs. • Collect, transport and account for all monies from the City's parking meters and all the revenues generated through citations and forfeitures. • Provide customer - focused service and resolve conflicts and or attend to complaints. • Maintain an effective communication with the downtown merchants, business and property owners and the residents. • Assist the City Administration in developing parking policies. • Assist the City Administration in coordinating special events. • Attend City Boards and Committee meetings relative to parking issues. • Prepare monthly financial statements. • Repair any broken meters within twenty four (24) hours of notification. • Furnish the city with a monthly maintenance activity report summarizing all of the work orders accomplished during the prior month. • Provide the City with an efficiently managed, parking system. • Promote, operate and maintain the City's parking meters and the decal parking areas. • Maximize the available parking. • Respond to both short-term parkers (shoppers) and long-term parkers (employees and office workers of the area) needs. • Enforce and administer state statutes, county and city ordinances related to parking. • Oversee and supervise enforcement and meter collections. • Review the days or night activities, provide a written report of activities to the proper CSM authorities and report any unusual incidents. • Ensure proper inventory of keys and supplies. • Coordinate with proper CSM designees, collection operations and services to ensure that all are properly staffed. In some instances, this requires daily contact with CSM staff to learn of authorized activities. • Conduct visual inspection of assigned personnel and disseminate special instructions. ./Meter Collection Objectives Collection services will be provided for the City of South Miami containing approximately 750 parking meters. These parking meters will be collected bi- weekly as follows: Tuesdays 514 meters Fridays 445 meters i. Parldng Meter Collection Procedures and Requirements The CSM presently has a sealed parking meter collection system. Standard Parking will unlock the parking meter vault door by using a key for the locking system. The sealed (locked) coin can is removed from the meter vault area. All loose coins found inside meter vault must be removed and inserted mW coin can. Coin can is then inserted into a sealed cylindrical collection device that engages (unlocks) the coin can. The contents of the coin can are deposited into the collection device. Standard Parking then assures meter head is tight. If not tight, he must use assigned tools to tighten the ,meter head. Once the contents of the coin can have been deposited, it is returned to the appropriate parking meter and the meter vault door is locked. At this time. ,Standard Parkin computer. This process is repeated at all parking meters scheduled for collection. All cyl collection devices are returned to CSM for the sorting, counting, bagging and deposit of meter revenue. 2. Number of Collections There will be approximately 4,000 meter collections per month. Collections will be made according to a weekly schedule provided by the CSM. CSM reserves the right to increase and/or decrease collections, if the collections are to be increased the management fee will be renegotiated. These parking meters will be collected bi- weekly as follows. Tuesdays 514 meters Fridays 445 meters 3. Equipment Standard Parking shall be responsible for the coded collection keys, locking system, and data retrieval hand held devices. Keys must be attached to the Collector by method approved by CSM.. This equipment will be issued at the Administration Offices of CSM, located at 6130 Sunset Drive, South Miami,: Fl 33143. All equipment will be signed for by 'Standard Parking Personnel receiving the equipment. The equipment will be returned and signed in when Standard Parking has completed its duties at the end of that day. All keys and other equipment are to be fastened to the Collector's person by suitable fashion. Such fastening shall be subject to the approval of CSM or designee. 8 4. Damages All equipment supplied by CSM to Standard Parking for the purpose of this contract will be replaced at Standard Parking's expense in case of damage caused while in Standard Parking's care and custody. s. General Provisions Standard Parking Personnel shall be unarmed at all times while engaged in the collection of and transportation of parking meter revenue. Standard Parking shall collect coins from parking meters on routes and schedules provided by CSM, or designee. Routes schedules and collection frequencies may change periodically, as required by normal meter installations and removal and/or rate changes, or when the CSM or its designee requests a segregated revenue rate test or special collection. Standard Parking shall provide secure and safeguarded vehicles. A,mmunum of one collection vehicle will be supplied and additional vehicles will be provided as needed to perform collection and supervisory services. Each vehicle will be equipped in accordance with the following specifications and with maximum - security systems. "Maximum security systems" include, but are not limited to: a. Electronic vehicle tracking system (Lo- Jack, Tele -Trac, or equivalent); b. Alarm system with sirens covering all entry points including an ignition kill and fuel shut- off; C. Interior steel cages to enclose, keep upright, and distinguish full and empty coin canisters, including an individual slot for each coin collection canister that can be locked m an angle iron compartment independently of each of the other coin collection canisters, and; d. Enclosed vehicles to keep contents from public view. • The solid bulkhead separating the driver from the back compartment of the vehicle van must have an opening that would permit the driver to have a clear view of the back compartment. • A drop safe for equipment must be installed on the passenger side of the bulkhead. • Each vehicle must be equipped with a hinged, spring activated padded bench that would be held down when a collector is seated. A series of safety belts must be provided for the safety of Standard Parking personnel. • Each vehicle must be equipped with a method of air conditioning in the rear ,compartment. • All vehicles must be unmarked. • All doors are to lock automatically when closed and be equipped with an alarm system as specified above. 9 • Standard Parking shall employ all of the personnel safety procedures and/or devices necessary to transport coin safely from parking meters to any place within the CSM for the purpose of counting, storing, depositing or any combination thereof. • Each vehicle operator must be equipped with a cellular telephone or radio to provide communication between operators and CSM designee. • Standard Parking personnel will always be in uniform with photograph identification. Standard Parking personnel will wear identification tags provided by CSM at all times while collecting coins and delivering the collected or counted coins. • Each vehicle will have a minimum of two (2) employees. s. Zone Assignments Zone assignments shall be issued daily at CSM at the time the collection equipment is issued. Wheeled carts for collection are to be provided by the CSM and are to be returned at the close of each day's regular collection. 7. Transporting of Funds All funds collected will be transported to the coin processing facility (CSM) for consolidation, the same collection day. Coins to be consolidated shall be counted by CSM personnel and then, at the option of the CSM, delivered to a designated CSM depository no later than the same business day. s. Reports Standard Parking will complete and submit to CSM on a daily basis, copies of the report forms attached: Daily Parking Meter Collection Route Sheet, Daily Meter Collection Report and Meter Collection Daily Activity Report. Standard Parking shall complete appropriate forms provided by the CSM for coins found out of canisters. The CSM reserves the right to add or amend forms as necessary. Standard Parking must follow CSM standard operating procedures for meter collections. 9. Standard Parking will impact meter housing to ensure it is firmly secured to meter pole. If found loose, Standard Parking will tighten meter head to pole with appropriate tools. lo. Coin Responsibilities Standard Parking shall be totally responsible for the security of all collected and counted coins while in their custody and care. Standard Parking shall be responsible for the removal of all loose coins found inside meter vault during collection. Coins are to be inserted into coin can once removed from meter vault. il. Termination CSM, at its sole discretion, can request that Standard Parking remove an employee if the employee is in non - compliance with agency procedures. 10 12. City of South Miami Employees Standard Parking may not hire any full time CSM employee that would participate and/or be associated with the services outlined herein in providing parking meter collection services to the CSM. 13. Supervision The CSM shall have the right to have its personnel, at the sole discretion of CSM, to closely monitor Standard Parking for any security reasons. Standard Parking shall provide on -site supervisor, at all times, when Collection Services are being provided. The On -Site Supervisor shall coordinate all duties, functions, and respond to all inquiries, as required, by CSM Executive Director or designee. 14. Overtime No overtime for either regularly scheduled holidays or special events will be paid by CSM for collection personnel supplied by Standard Parking. 15. Personnel Probation Assigned CSM personnel may observe each employee of Standard Parking for a period of fifteen (15) consecutive days. if during this probation, CSM is not satisfied with the performance of that employee, CSM shall notify Standard Parking of such performance and Standard Parking shall replace that employee immediately. Additionally, CSM reserves the right to demand that Standard Parking relieve an employee from an assigned duty and/or ban the employee from further service, at the sole discretion of the CSM. 16. Uniforms All collection personnel furnished to CSM shall be well groomed and neatly uniformed. Each collector supplied by Standard Parking shall wear, a nameplate bearing the collector's name. Standard Parking's company name shall appear either on the collector's nameplate or as apatch on the collector's uniform. 17. Optional Equipment Optional equipment may be required by CSM and/or suggested by service provider for specific locations and/or assignments shall include, but not be limited to the following: • Two -way radio • Pager • Unmarked van equipped with all of the security equipment already described. • Palm Computer (Attachment C) Optional equipment as listed above must be acceptable to CSM in terms of aesthetics, reliability, safety, etc. CSM reserves the right to refuse use of any and all such equipment deemed by CSM as non - usable. II , �- .� M Training Standard Parking will provide training to all field personnel so that CSM may be assured said personnel is capable of assuming the responsibilities of respective assignments. The cost of training shall be considered a part of Standard Parking's operational expenses. The time spent by staff in such a program, though required, is not billable to CSM. All collection personnel are to successfully complete and pass such training course prior to assumption of duty under this contract. This training course, to be developed or made available by Standard Parking, is to include minimum requirements for subject matter and hours of instruction and must be approved by CSM. GSM's evaluation of proposed training shall include, but not be limited to, previews of techniques and methods of instruction, quality of instructions, motivation, adequacy of classroom and supportive adjunct training materials, test content and individual retentiveness. The employees must be fully trained on the geographic locations of all collection routes and zones. Parking Enforcement Comprehensive parking enforcement is important to the health, safety, and economic vitality of downtown South Miami. A dutiful, conscientious ticketing force is the heart of an effective parking enforcement program. The City benefits from enforcement in many ways including the deterrent effect that comes from having a high probability of a violator being penalized for parking illegally. A well - designed enforcement effort enables the City to maximize its use of the existing parking resources. Our dedicated and productive enforcement staff is the heart of our effective parking enforcement ` program. Downtown streets and avenues serve many competing interests and they are one of the most sought -after resources the City controls. Primarily, the streets are designed for moving traffic, but shoppers, delivery vehicles, visitors, taxis, and buses all vie for on- street parking space. Parking enforcement plays a vital role in ensuring that the street is used in the best interests of the community. Parking Enforcement Officers are authorized to perform an extensive range of enforcement actions. They are empowered to enforce sections of the `City's Municipal Code relating to parking violations. This includes more than parking meter violations. They may cite and or tow vehicles blocking driveways and cars not authorized to park in truck loading zones and enforce the City's Residential Program. Parking Enforcement Officers may also impound vehicles for violations and multiple delinquent citations... Effective enforcement of parking regulations improves safety and parking availability. Standard Parking's Enforcement Division will be responsible for the routine enforcement of all parking regulations and ordinances enacted by the City of South Miami. The Parking Enforcement Officers also ensure more efficient vehicle turnover in the downtown corridor and business district of South Miami and are instrumental in promoting good relations between the City and members of the community, local business persons and visiting tourists 12 Minimum Qualifications of a Parting Enforcement Officer Requirements. • Must be certified to write parking citations in Miami- Dade County prior to assumption of duties • Must possess a valid Florida driver's license and have a satisfactory driving record: • Will have to undergo a criminal and background check • Must be willing to work evenings, nights, weekends shifts, holidays, and as needed on an emergency basis: • Must be willing to work out of doors in all weather conditions: Knowledge of.• • Applicable local and State codes, ordinances and regulations governing parking within the City limits; • Safe work methods and safety regulations pertaining to the work including driving habits; • Basic geographic layout of the City. Skiff in • Operating a motor vehicle safely while observing parking violations and conditions; • Dealing tactfully and effectively with those encountered in the course of the work, including hostile and irate citizens; Writing clear and concise records, reports, declarations, and citations; • Understanding and following oral and written instructions; • Reading, mterpretuig and applying parking codes and ordinances; • Using sound independent judgment within established procedures and regulations; • heading and interpreting maps. Parlong Enforcement Objectives 1. Patrol an assigned area of the City to observe automobiles, motorcycles, commercial vehicles and other vehicles for parking violations; enforces related local regulations and ordinances and State vehicle code laws; 2. Issue citations for expired meters, improper use of specially designated or timed zones or lots, improper parking such as parking in crosswalks or other sidewalks, expired registration, improperly licensed vehicles, improperly parked motorcycles, improper ` parking in residential areas, and related violations; 3. Operate computer equipment and two -way radio; marks vehicles to detect abuse of timed areas; 4. Complete data required for citations including code sections violated, time, date and Iocation of offense, vehicle license plate number and/or vehicle identification number. 13 .. .: ...�. 5. Answer a wide variety of questions from the public regarding parking and related traffic laws, location of public buildings, parks, municipal facilities, and other points of interest; interacts with hostile and irate parking violators; responds to complaints from the public; 6. Maintain records of work performed and surveillance of long-term parking violations; 7. Completes declarations of citation circumstances to assist in prosecution of parking violations; 8. Notifies police of incidents involving abusive behavior by the public; 9. Places warning tags on vehicles subject to towing; notifies police of vehicles to be towed or booted in accordance with regulations; 10. Tags and/or reports malfunctioning parking meters; 11. Checks operational condition of enforcement vehicles and performs routine operator maintenance such as filling gas tank, checking and adding oil, inflating tires, etc. 12. Reports malfunctioning enforcement vehicles and takes them to the yard for service and 13. May log -out and be responsible for citation books by serial number, 14. Be customer friendly and promote the proper flow of traffic throughout the City of South Miami; 15. Protect the rights of the parking public who abide by municipal by -laws; 16. Assist in providing available parking to residents and merchants; 17. Ensure that the parking public receives a fair and equitable share of available spaces; 18. Perform related duties as assigned 19. Increase public safety; 20. Support the On- Street and Off Parking System by equitably and consistently enforcing the parking regulations. 21. Encourage compliance of the City's parking regulations. 22. Promote traffic and pedestrian safety. 23 Maximize the capacity of the existing parking supply through increased turnover. 24. Protect access needed for commerce and public convenience; clear freight loading zones of all day commuters to allow adequate delivery space for commercial businesses; provide for a more efficient delivery of goods and services. 25. Enhance the quality of life in residential neighborhoods by keeping residential areas free of downtown commuters and visitor parking. 26. Detect and report malfunctioning parking meters to the Parking Operations Maintenance Section. 27. Public relations; interpret policy /procedure to the public; assist public regarding location of streets, buildings and other points of merest around town. 28. To respond to both short term parkers (shoppers) and long term parkers (employees and office workers of the area) needs. 29. To enforce and administer valet parking ordinance 14 30. To provide customer - focused service and resolve conflicts and or attend to complaints 31 To enforce and administer The Residential Parking Ordinance Handicap Parking The Parking Enforcement Unit enforces all _ properly posted handicap accessible parking spaces on both public and private property within the city limits. Any vehicle parking in a posted space must display a valid license plate or permit issued by the Department of Motor Vehicles. Method of Issuing Parking Citations for Expired Meters ➢ Upon observation of an expired mechanical parking meter, the Parking Enforcement Attendant will inspect the meter mechanism and turn the meter handle to check for proper operation. Once it is determined that the meter is functioning properly, a parking citation is issued. Upon observation of an expired electronic parking meter, the Enforcement Attendant will inspect the LED display for "error "/"out of order" messages, if no such message is present a parking citation is issued. ➢ if the enforcement officer detects a problem with any meter, a citation is not issued, and the meter is reported to the maintenance section for repair. All defected parking meters will be repaired within 24 hours. Enforcement' Schedule & Minimum Coverage Requirements Coverage of the 15 hours of daily parking enforcement will be maximized. Standard Parking will make provisions to have enforcement personnel on duty to achieve minimum coverage requirements. Coverage for vacation, sick and other leaves will be the responsibility of Standard Parking and will be provided for in order to meet the minimum coverage required. The following requirements will apply for all normal enforcement days. Minimum No. of Parking Enforcement Specific Coverage Weekly Enforcement Officers Hours Hours Hours Monday -- Sunday 15.0 900" -12:00 105 * 1 AM Thursday 5.0 5 :00PM -10: 00 5.0 * *1 PM Friday &5 3 :00 PM -12:00 &5 Saturday 8.5 3 :00PM -12;00 8.5 * *1 AM Sunday U 2:00 PM =11:00 8 5 * *1 AM Total Weekly Hours 135.5 * Where single coverage is provided ** Where double coverage is provided 15 DUNCAN INDUSTRIES H 00 71 NO 11 NO 11 NOd 11 Servicing of Mechanisms I . Any meter that cannot be serviced within a short time (coin jam removal) on the street should be removed and taken to the workshop for inspection and repair. Refer to the appropriate mechanism manual or troubleshooting guide. 2. Even though batteries can last between 9 to 12 months, depending on usage and programming, for optimum performance replace batteries twice yearly. Replacement in the spring and the fall is recommended to have the strongest battery in use during the most harsh weather conditions. Use quality '9: volt alkaline batteries. Do not substitute cheap batteries. 3. Have thorough understanding of mechanism error codes and correct meter conditions for correct electronic mechanism operation. Refer to appropriate mechanism operations manual. 4. If coin miss complaint received, meter technician should test the mechanism in question in housing by inserting numerous coins of the same denomination named in the complaint to determine if the mechanism complaint is valid. Recommend 100 coins. If two or more coins out of 100 do not register time, then the Eagle Trouble Shooting Guide should be consulted for repair procedure or returned to Duncan Industries for repair. 5. All parking meters will be repaired or replaced within 24 hours of notice. Par king Meter Malfunctions If a parker attempts to put money in a meter, and the meter will net accept the coins or register the proper time, he or she should contact the City of South Miami with a location and meter post number. If a parker thinks a meter has malfunctioned, and a citation was issued, he or she may make a request to have the meter checked This notification must be prompt and can be accomplished by telephone. To ensure a proper meter check, the Parking Technician needs the 16 following information: citation number, license plate number, date/time vehicle was parked, location (on citation), and coins used. if the meter is found to be working properly, the parker is informed that the citation will stand as issued. If the meter is broken and/or not registering the correct time, the citation will be dismissed. All defected parking meters will be repaired within 24 hours. 17 D Revenue Enhancement Programs • Technology Driven Parking Solutions (Attachment A) • Immobilization Program "Booting" (Attachment B) • Duncan's Integrator 2000 (Attachment Q is No Slide Title Page 1 of 1 InnovaPark LLC I • On- Street Parking a scarce resource • Parking Control stretches the resource making: - More parking available - More people - More often • Effective Parking Control optimizes fees, time - limits, enforcement hours / levels, violation fines • Effective Parking Control benefits Residents, Merchants, City Management • Effective Parking Control increases revenue ivo auae Niue - gage .t or a. But In real world.... "You can't manage it if you cant measure it." • Currently........ • No Data / Anecdotal • Very Political • Nearly Unmanageable InnovaPark LLC hq: / /www. smart - meters .com /englishMresent/s0136.htin 6/26/2003 No Slide Title Page t. of :I. Who are we? • Produced a reliable, ultra low - power, miniaturized device — Employs wire loop detection technology - Can be integrated with Duncan, POM, or JJ McKay electronic meters • Can represent breakthrough in Parking Control InnovaPark LLC hq : / /www. smart- meters .com /english/Present/s0137.htm 6/26/2003 Smart Meter Solutions Page I of I Management wants more... With the introduction of electronic parking meters, operators began to receive increased benefits such as audit functions and the ability to quickly alter time and rate structures. While these increased functions and benefits are noteworthy, operators are demanding more. InnovaPark recognized the need for increased function and additional data flow to allow the operator to further increase productivity and have the ability to offer additional services to the parking public. InnovaPark vehicle detection technology offers more... InnovaPark has developed detection technology to add -on to your choice of electronic parking meter. Our patented switch and loop system is transparent to manufacturer of meter ... we can connect to a parking meter from the manufacturer of your choice. Our detection technology, when combined with a new pre- programmed digital parking meter, will actually redefine the way parking meter operators monitor, track and enforce the metered parking spaces in cities throughout the world. InnovaPark proprietary (patent pending) device enables a passive parking meter to become a Smart Meter, a data collection device that can both control and monitor a range of activities in a given parking space. Download the InnovaPark Scenario Generator (Requires Microsoft Excel)' View the interactive benefits projections worksheet (Requires Microsoft) Office NP) tlTnnhn�l�rrc Tlrivnn Aarlsinrr C,,1 »+;.,rte Drnonnta4in »� (Requires Internet Explorer 4.0 or higher) "Study presented at 2002 International Parking Institute ". http: / /www .smart- meters.com/anglish/home.htm 6/26/2003 I nnova Pa rk, LLC 13 Lori Street Monroe Township, N] 08831 Tel 732- 251 -3330 Fax 732 - 251 -4040 June 23, 2003 Mr. Frank Pintado Regional Manager Standard Parking 1674 Meridian Avenue Miami Beach, FL 33139 Dear Frank: We've got connections! InnovaPark is pleased to provide its technology to Standard Parking for use in the City of South Miami. We have observed the parking in the downtown area, particularly along Sunset Drive, and believe that our technology can aid in meter collections, improve parking enforcement, and add value to the existing parking meter operation. InnovaPark's patented vehicle detection technology provides a wealth of management data and alternatives in operating and managing a parking meter system that were never before possible. By knowing when each and every parking space _is occupied, whether it has been paid or not and the length of stay for each vehicle, the parking meters can be configured with customized features to address the parking demands and goals of the operating agency. It will also easily identify, through use of the anti meter - feeding feature, vehicles, which are in violation due to breeching the length of stay regulations. Various features available include: • Arrival grace — a predetermined amount of time, perhaps five minutes, can be given to every motorist who enters a parking space. This allows ample time for a motorist to obtain change if necessary, or to complete his short term parking need without having to pay the meter, or worry about receiving a parking violation. • Departure reset the software can be configured to reset any unused time remaining on the meter when a vehicle vacates the space. The next vehicle that enters the space will receive the five- minute grace period, and the motorist will purchase any additional time required to transact their business. The recaptured and repurchased time represents additional revenue to the municipality. • Anti meter feeding this will prevent a motorist from purchasing any additional time at a meter after they have purchased the full amount provided by the meter. This is particularly useful where the turnover of parking spaces is important. • Progressive rates — an alternative to anti meter feeding, this will allow a motorist to purchase additional time at a meter, but at a premium rate. For example, at a two -hour meter with a $1.00 per hour rate, a motorist would pay $2.00 for the first two hours of parking. A third hour, if necessary, could be at a rate of $1.50, a fourth hour $2.00, and so forth. We estimate that there are approximately 150 — 200 parking metered spaces that have the activity level that would greatly benefit from the installation of our vehicle detection components. We would also be agreeable to expanding our technology to other spaces that demonstrate similar characteristics. Data collected in other cities where our equipment has been deployed has shown increases over base meter revenue of betweenl5% and 25%. Naturally, this is dependant upon the demand for the available parking in any specific location. If the City of South Miami chooses, InnovaPark will furnish and install all of our equipment at no cost to the City of South Miami or to Standard Parking. We understand that Standard Parking will be responsible for the maintenance and collection of the parking meter system, and for the enforcement of all parking violations. The parking meter mechanisms, which we will install, will be brand new Duncan Eagle 2000 models equipped with the CashKey feature presently in use by the City, and those units will be under guarantee by the manufacturer. We will furnish Standard Parking with replacement detector units and provide the necessary training to Standard Parking personnel to enable them to replace detectors if a malfunction should occur. it should be emphasized that in the event of a malfunction of our equipment, the parking meter mechanism wi /I not be affected. The meter will continue to function just as any other electronic meter would. There will be no adverse effect to the City, Standard Parking or the general public. The business plan we propose is that the increased revenue generated as a result of our technology, and documented by the data collected from meter audits, will be shared in accordance with an agreed upon formula, or that the equipment be leased for a monthly fee of $45.00 per space for an initial period of five (5) years. I have enclosed several items for your information and dissemination to the City of South Miami. They include: • A copy of a presentation which 1 delivered at the 2003 International Parking Institute Conference • A CD illustrating InnovaPark's technology • Several InnovaPark brochures 171 -M We look forward to the opportunity of working with Standard Parking, and if we can be of further assistance, please call me. Sincerely, Ri and A. M ngelo, P.E. u d d t z i n 0 n �J 0 M M co LO N r4 M n' �L OR 00' O, 0 s c s �a i G C Q L C Q 0 O� cr T- MFM�MTM77�V E L G CD c fu L a fu �V i N O V C: Ul fp � fu C)L v) -0 O N fo y � O � a� N L. C: r. 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CY co ns ns ,� CO,W O �i m ID � cc i<]<!< Q U �;Z Zi iw O C3 :a G� V y 0 U e; O 44 C ,ice► co i•l V y o� •� a � o cn '� i.1 V O 4.4 0 a� a� •� a ELI to O :.i Q �d i.1 4� r� V � V III 0 ED H', 0 Ct3 43 ' v O v •� a c� U o � V �1 1�1' :a i•i r4� V � � � .� x c� �', ci �'� �, �, �i �� c� 0 Immobilization Program "Booting" Vehicle Immobilization ( "Booting") The City of South Miami should intensify its parking enforcement throughout the downtown parking meter district and the downtown residential zones. The heightened enforcement is seen in the selective and infrequent use of a vehicle immobilization device, also known as the " Boot." The County's Parking Division produces a daily list of vehicles meeting the "booting" criteria. The criteria centers on the number of unpaid parking tickets received by the registered owner. More specifically, if the registered owner has five or more unpaid parking tickets and the tickets are 30 days or more overdue, the vehicle will appear on the list. If a vehicle on list is seen in the parking meter district, in any of the City's off - street facilities (lots or parking garages), or in the downtown residential zones, it will be reported to the Parking Division. The parking supervisor will verify the number of outstanding tickets and review the established "booting" checklist. Once confirmed, Police Dispatch is called and an officer with an immobilization device is sent to the location. The police officer fills out a "warning" notice and sticks it on the driver's door window; the officer then attaches the "boot". The "warning" notice alerts the driver to the 'fact that the vehicle is immobilized and can not to be moved. The notice also contains instructions on how to arrange for the release of the vehicle. Release of the vehicle can be obtained by paying all outstanding tickets plus the immobilization fee. This source of revenue should be shared directly with the City and not thru the County. This same process will be applied to the residential neighborhood in which the City of South Miami's Residential Parking Program is into effect. 19 i c 0 U C O U 0 fo � O N a-' (1) ,V f0 � Q fu E N L Q� E o fu Cn 0 fo V Q 0 V C N U i O C W C -_�� -,. - - 11 �I i !C d D 4op- .% .�. ol a r a M O .r mid L L 4m .r. 0 U L m CL CL 0 0 m a r a c 0 M� 40 cc LM 0` (a) C 0 O J L. t c I ■ L N X N D InnovaPark introduces the most innovative parking space management detection technology since the introduction of the electronic parking meter. fi ASO' r i m ` e pC3 �r�SZ�, $p 25 pp.3p ate 0.,00 ,� �t� 12:06'• �9 � serial# ��� O'if11� 20� 1 22'0$p � 5p �2 00'.1 10 01j1 pp4 22.3gp So. ?'S 10 p1j11I2 000 12: 23.03 pI� X025 11j2 12` 1'1� p 25 0q ak gpppOg 15 011 1 {2000 12' 3 :04 FM ' 10 0 90 pQg 4 Q1Il 0 0g 10 p1{1112pp0 12:23'0p1Ji $0.10 q� ppOg 1Q 41 (1112 opp 12 .14 ,.lpp� OQg 1Q p1111 {2 p 12: 414p1.i1 5025 9p apOg 10 p111112� p 122 514�IJi 2 gQ g 1!11!2 1�. r g0p00 10 0 00 �t 9p00Q9 10 01 111120 g � pp009 10 " gpppOg la F ,. s t made--, mr� operator cdin automatically credit a fev moment tkiey. drive into "a s� :. ;e! Patrons needing "Chang( OPTIONAL feature' Weekly Violations Vs Citations 1 2 3 Meters (900020,9000024,9000072) auld now,have an opportui Citations M Volations me this operator to generate sic Independent research c ten to forty percent andi that when using the Inn, without increasing rates. With the InnovaPark system ... the age of th InnovaPark representative how InnovaPark management data than ever before avallabl( upgrade your system to new electronic parkin C ins PUT INNOVAPARK TECHNOLOGY TO WORK FOR YOUR CITY ... The newest advance in parking meter technology since the invention of the electronic parking meter. Ask how InnovaPark can: Replace your existing mechanical or outdated electronic meters at no cost Increase your parking revenue ten to forty percent Provide state of the art occupancy data Guide you to increased enforcement data and enforcement revenue Prove it to you first ... at no cost FEATURES Data stream created FUNCTIONS IMMMIMMMIMIRM Identify unenforced violations & frequency Track occupancy & turnover BENEFITS Customer has - ,. find y, 14 ,,.a. - - ,:. FLORIDA PARKING ENFORCEMENT, INC. 2140 South Dixie Highway, Suite 305 Miami, FL 33133 Tel: (305) 674 -8667 Fax (305) 6748965 June 21, 2003 Standard Parking, Inc. Mr. Frank Pintado 1674 Meridian Avenue, Suite 106 Miami Beach, Florida 33139 Dear Mr. Pintado: Initially, I would like to thank you for your interest in our company. Enclosed please find information about our parking enforcement program that will provide insight as to its benefits. Our entity has been established since 1997 and specializes in motor vehicle immobilization. Our officers and employees have over 30 years combined experience in both government and private sector immobilization. We are a fully operational entity and are ready, willing, and able to perform any services as required by your organization. With respect to providing immobilization services to the City of South of South Miami we propose a removal fee of $85.00 with the City receiving a $25.00 dollar administrative fee for every vehicle immobilized. It is our firm belief that a minimum of two vehicles can be immobilized on a daily basis, which would entitle the City to $18,250.00 in additional revenue. We hope that you will find our service of interest and that we can assist you in the future. if you have any questions or comments, please do not hesitate to contact our office at your earliest convenience. Sincerely, Rafael E. 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(D N CD (D . , m� (D N K h �+ CD W P- Meter Management Solutions Standard Parking will provide the City of South Miami with the Duncan's Integrator 2000 or similar equipment that is compatible with the existing teeter inventory. What this is, is the Meter Management software and Duncan Data Terminal (DDT) that will provide a complete, easy to use parking meter management system. Offering strict checks and balances of the revenues collected in each individual meter. 20 Meter management This is an overview of all the hardware and software components you need to implement the Sv.tems tnteomted approach to parking management. For more details, please refer to >propriate product specification sheets. Or contact us for more information. Eagle Series Electronic Meters Each fully programmable Duncan Eagle'" model mechanism gives you the reliability of solid -state electronics plus total interoperability with our entire line of handheld terminals and backend software. Selected features of our topline model, the Eagle 2000, include— Proprietary peripheral port (patent pending) for guaranteed upgrade path with future meter accessories • Supports ISO-7816-compatible memory and microprocessor cards or the rugged Duncan CashKey • Extra -large rear LCD display allows highest visibilit for enforcement purposes • Three programmable LEDs • Extra - bright backlit LCD display Integrator 2000' Meter Management Solution The most powerful parking management software available, our new32.bit applications suite runs under windowsO95/.NT. So it's easier than ever to learn and use. You can choose to purchase the modules that fit your present operational needs, then add additional functionality later. The basic software package cludes upgraded inventory, programming, and maintenance modules. The powerful Integrator 2000 Automated Collections and Audit module is �tional. New features include— Audit by canister or route • Revenue by coin denomination • A completely automated coin - counting facility allows you to reconcile audits with actual collections • improved internal security measures Eagle Series Electronic Mechanisms — chosen overwhelmingly by major cities worldwide. - "1�,erlul rnultipurpoSe "" Duncan offers the u of payment options. Integrator 2000 526 94 Integrator 2000TM Parking Management Solution The Integrator 200OTM Parking Enforcement Solution facilitates the collection and transfer of data, from the front lines of your parking operation to your office, via the Duncan Data Terminal (DDT) and a PC. Management Software Integrator 2000TM management software is the brain of Duncan Systems IntegratedTM, compiling and managing data to provide information in meaningful format. It is based on a number of self - sustaining software modules, giving you maximum flexibility in choosing the functions needed for your operation. The software is built from a single database, assuring very little redundancy of data. This minimizes the potential for errors, saves on necessary storage space, and allows for easier access of data. Page 1 of 2 The Parking Enforcement Solution Management Software can be operated on the following computer platforms: lor A single IBM - compatible 486,16 Mb RAM ?C, in is small installation. Multi -user IBM. - compatible PC Network environment for medium -size installations. Integrator 2000TM Collections Solution Duncan's Collections Solution provides the highest level of revenue protection available. The Integrator 200OTM Counting House Solution reconciles audit data with actual street side collections. Duncan can also help you implement an automated coin handling and counting system that's completely hands -free, eliminating the temptation to pilfer. Duncan's sorting and counting machines handle coinage and report electronically to a special touch- screen PC. The data, in turn, is available to the audit module of your Integrator 2000TM parking management application. It's a complete turnkey system designed to operate in a harsh industrial environment. Integrator 2000TM Electronic bock Solution Software http: / ,'www.dimcanindustries. con Vproducts /software/12000.html 6/27/03 Integrator 2000 Page 2 of 2 The Integrator 2000TM Electronic Lock Solution integrates seamlessly with your DDTs and parking management software. It's simpler to manage than conventional keys — instead of hundreds or maybe thousands of keys to track, you need only one electronic key per operator. Designed for use with a DDT, each key unit can be programmed for powerful security functions: 'w: Initiated by operator, so lost or stolen keys can't be used (: Programmable to function only at selected routes/locations 11ir Records operational data including times and locations of all transactions as well as operator activity ii Powerful encryption protection Home [ Products ] [ Services ] [ Product Index ] [ Support ]'[ About Us J [Contacts ] [emote Request ] [ Site Index ] [ Contact_u_s ] Copyright® 2002 Duncan Industries Parking Control Systems 340 Industrial Park Road, Harrison, AR 72601; 1-800-33M226 ALL RIGHTS RESERVED The content of this website may not be used without prior written approval. Information provided on this site is subject to change without notice. Although we may provide links that may be of interest to those visiting our website, we cannot be held responsible for the content or availability of sites maintained by other individuals or organizations. If you have comments or questions about this website, please contact the webmastere http .,/ /www.duncanindustries.com /products /software/12000.htm] 6/27/03 Integrator 2000 Guide to Meter Management Solution Duncan Management Solutions, Ltd. 5220 Lovers Lane, Suite 101 Portage, Nil 49002 600 - 294.1178 Fax: 616- 382 -4548 Meter Management Overview The Meter Management software and Duncan Data Terminal (DDT) provide a complete, easy to use perking meter management system. This guild shows how Meter Management modules are used to perform meter management functions: Inventory 2 Track individual meter mechanism by serial number, location, collection route, and maintenance route. Programming Use the DDT to automatically update programming options j in Eagle and EMM meters. Use the program generator within Meter Management to create rate programs which can be transmitted via infrared to Eagle and EMM mechanisms_ Maintenance Access complete maintenance information in an instant, including the status and location of exchanged meter mechanisms. various combinations of these modules can be used to fit your exact meter management needs. 2 Meter Management Components Parking Meters Automated entry: ♦ Duncan Eagle mechanism = The Duncan Eagle mechanism is totally electronic, with single slot coin entry and no moving parts. Duncan EMM mechanism -- The EMM features mechanical coin handling with an electronic clock and LCD display- Manual Duncan mechanical mechanism -- Mechanical mechanisms offer mechanical coin handling, flag assembly and time. ♦ Other — Meter Management software can be used to manage other meters in your installation, Duncan Data Terminal (DDT) The DDT uses an infrared communications system to electronically transfer information to and from Duncan EMM and Eagle meters. The unit features a full alpha- numeric keypad for manual entry of data for other meters. 3 Meter Management PC Software Meter Management PC software is the heart of the meter management system, providing four major functions: • Inventory t Programming Maintenance The software runs on an 'IBM compatible computer with Windows 95/98 or NT. Data is transferred between the PC and the DDT through a communications cable or optional cradle. . .... 1.,7.,x.,,.. ... • ... . Inventory inventory stores the serial number and location of each meter in the Meter Management database. Perform an initial inventory at the time the system is first put into use, After the system is up and running, inventory functions make it simple to. ♦ Find information about meters currently in use. ♦ Add new meters to the Meter Management V 1 2 database. Serial numbers for EMM and Eagle ♦ Temporarily deactivate a meter location. meters are entered automatically into inventory usinci the DDT, Inve o Re o s X .�;� y,' t yoox Lb .tom t� list all tmeters ye w • d 4 .. . ,_... ,. .. .. .. ♦ Serial # Collection Route inventory Detail by Maintenance Route ♦ Maintenance 7 Route ♦ Detail by NLir'Rwnanom Rmxe To; LLUZ RODU 207 -1 SOL M654 R1 Al G waL 73644E RI /aA t POL 73MA0 R+1 Al [ S. 4=020 R1 Al t Ep1 602044 Oda 1 L01 310607 9 D -j* inquiry by Meter # Space �..�rewoete ( Mom -Awl 6.puenw .:o.�cc 7/119®17:8&66. w ; Av* ' 09323¢ ; 2W-2 Ne Ch. *; No W £GG 938012 002 9i2/9990R2s am :AVM 11 D382M 2W -2.. Nc Chrtp NO d� El1l 738012 .062 . 4 Programming Programming options for the Duncan electronic meters are selected through the Meter Management software, then transferred to the DDT. Using the DDT, it is simple to update meters with new programming information_ The EMM and Eagle program generators within Meter Management let you create or modify rate programs for electronic meters. These rate programs are downloaded to EMM and Eagle meters using the DDT. Use the DDT to update programming for EMM and Eagle meters automatically. Eagle Programmable Mures include: Rate structures Time L inri is - up ro 96 hours - Time of day overtime / Grace Periods - nay of week + No Parking Display sp 1 r t rates out of order Display - Deferred rime [o i n Accep Lance - No parking periods 5 Maintenance Enter meter maintenance information in the Meter Management database electronically with the DDT or manually using the keyboard. The status and location of exchanged meter mechanisms is updated in the Meter Management inventory. Complete maintenance information is available in an instant_ MIA Download maintenance information from the DDT to the Meter Management database to keep meter inventory current. A Maintenance Report provides meter history by.' • Maintenance Code Region and Area Route • Serial # - Spate P, E' ATTACHMENT 3: QUALIFICATION FORM Qualifications and Experience with Meter Collection & Enforcement Project Number of Service Provided Contact Tel. Num. Years of Meters Person Service City of Miami 8,600 meters Collections, Saul Francis 305 -673 -700 2 Beach & 4,500 cashiers & ext # 6483 spaces Supervisors City of Palm Traffic Control & Bill Weaver 760 -318- 5 Springs Parking 3822 Enforcement City of Great Enforcement & Joe 406- 771 - 15+ Falls Collections LaForest 1180 Malibu State 2,850 Collections Park Repairs Orange County 1650 Collections & State Beach Repairs San Diego 750 Collections State Beaches Repairs Imperial Sand 2,400 Collections Dunes Repairs Toronto 7,500 Collections& National Repairs Forest Santa Monica 450 Collections Beach American 125 Collections University Fairfax County 1 Collections Towson 125 Collections University J Standard Parking currently provides parking meter collection services to the City of Miami Beach Parking System, with over 8,600 parking meters and over 45,000 collections per month, on and off-street generating revenues in excess of $8M annually. Standard Parking has provided such service since October 2001 The City of Miami Beach has installed and replaced all mechanical parking meters with electronic mechanisms. Standard Parking is constantly working with the Parking Department in outlining collection routes /zones based on revenue data that is collected on a daily basis. Such expertise has allowed Standard Parking to make recommendation to the City of Miami Beach, which have realized in additional parking meter revenues by implementing a scheduling system that is consistent with vehicle utilization and turn over within the different routes /zones. Standard Parking has also highlighted recommendation in the parking enforcement division, by including recommendations based on revenues and utilization of the different routes /zones. The revenue data has been utilized to recommend alternative schedules in the parking enforcement 21 shifts and hours of operations. Standard Parking has over fifteen (15) years of experience and a proven record of providing parking meter collection and enforcement services. 22 Proposer Qualification Form The undersigned certifies that the information provided herein is true and sufficiently complete so as not to be misleading.` Submitted by: Standard Parking Corporation I. How many years have you been the successful Proposer of a Municipal Parking Facility /System? Standard Parking has over fifteen (15) years of experience and a proven record of providing parking meter collection and enforcement services. 2. Give names, locations, and dates of operations of places where operated (local municipal experience preferred). Project Number of Service Provided Contact Tel. Num. Years of Meters Person Service City of Miami 8,600 meters Collections, Saul Francis 305 -673 -700 2 Beach & 4,500 cashiers & ext # 6483 spaces Supervisors City of Palm Traffic Control & Bill Weaver 760 -318- 5 Springs Parking 3822 Enforcement City of Great Enforcement & Joe 406 -771- 15+ Falls i Collections LaForest 1180 Malibu State', 2,850 Collections & Park Repairs OrangII County 1650 Collections & State Beach Re airs San Diego 750 Collections & State', Peaches Repairs Imperial Sand 2,400 Collections & Dunes R airs Toronto 7,500 Collections & National Repairs Forest Santa Monica 450 Collections Beach', American 125 Collections UnNle:rsity Fairfax County 134 Collections Towson 125 Collections n.iversity 23 Our Expertise at Municipal Facilities We have seen , over the last fifteen years a dramatic movement towards privatization by the governmental sector, as municipalities responsible for large public parking facilities have turned to private parking operators to achieve efficient and profitable results for their parking operations. This trend has Ied to a major role for Standard Parking in the public sector. Examples of some of the large, high profile municipal facilities that we operate include:' The Coral Gables facilities in the City of Coral Gables. The Miami Beach facilities in Miami Beach ➢ Navy Pier, McCormick Place, Grant Park, O'Hare and Midway Airports in Chicago. The Garage at Post Office Square in Boston. ➢ The River Centre in St. Paul. Privatization works, generating dramatically increased parking revenues that help reduce the upward pressure on real estate taxes. Examples of Standard Parking's success: ➢ In August,, 1993, the Chicago Park District selected us to manage its downtown underground parking facilities, consisting of the Grant Park North Garage (2,100 spaces), the Grant Park South Garage (1,500 spaces), and the East Monroe Street Garage (3,800 spaces). Since that time, the Park District has seen its net operating income increase S ignificantly. 1998s net operating income was 20.4% greater than 1997, and more than double the net earned in the year before we assumed management responsibility. We have also been successful working with the CPD to maintain operations and net income during the current renovations to their key facilities. ➢ Chicago's newly- restored Navy Pier re- opened in 1996 as a year -round tourist attraction and convention center. Each summer month, more than one million people visit Navy Pier, and the 1,600 - space parking facility handles more than 100,000 vehicles (an average of over 3,200 cars each ,day). ,'Since assuming management of the Navy Pier parking operation in March of 1996, we have consistently exceeded all revenue projections. Annual gross revenues at Navy Pier have increased 232%, from $3.1 million in FYE June 1995 to $10.3 million in FYE June 2001. ➢ We assumed management responsibility for Chicago's O'Hare International Airport and its 23,000 parking spaces in October, 1993. Since 1993, annual gross parking revenues have increased by 115 %,; from approximately $46 million in 1993 to $99.5 million in 2002. At Chicago's Midway Airport,, similar results have been posted since we began operations there in 1996. Annual gross revenues at Midway have increased by 881o, from approximately $16 million in 1996 to $30 million in 2002. Standard Parking currently provides parking meter collection services to the City of Miami Beach Parking System, with over 8,600 parking meters and over 45,000 collections per month, on and off-street generating revenues in excess of $81VI annually. Standard Parking has provided such service since October 2001. The City of Miami Beach has installed and replaced all mechanical parking meters with electronic mechanisms. Standard Parking is constantly working with the Parking Department in outlining collection routes /zones based on revenue data that is collected on a daily basis. Such expertise has allowed 24 Standard Parking to make recommendation to the City of Miami Beach, which have realized in additional parking meter revenues by implementing a scheduling system that is consistent with vehicle utilization and turn over within the different routes/zones. Standard Parking has also highlighted recommendation in the parking enforcement division, by including recommendations based on revenues and utilization of the different routes/zones. The revenue data has been utilized to recommend alternative schedules in the parking enforcement shifts and hours of operations. Finally, it is appropriate to note that privatization presents significant opportunities for minority and women -owned subcontractors. We are proud of our long - standing record of achievement in affirmative action, and our ability to meet—and often substantially exceed —the affirmative action participation goals established in governmental contracts. Standard Parking has over fifteen (15) years of experience and a proven record of providing parking meter collection and enforcement services. I List below contact names, addresses, and telephone numbers for the operations listed above. Project Number of Service Provided Contact Tel. Num. Years of Meters Person Service City of Miami 8,600 teeters Collections, Saul Francis 305 - 673 -700 2 Beach & 4,500 cashiers & ext # 6483 spaces Supervisors City of Palm Traffic Control & Bill Weaver 760 -318- 5 Springs Parking 3822 Enforcement City of Great Enforcement & Joe 406 -771- 15+ Falls Collections LaForest 1180 Malibu State 2,850 Collections & Park Repairs Orange County 1650 Collections & State Beach Repairs San Diego 750 Collections & State Beaches Repairs Imperial Sand 2,400 Collections & Dunes Repairs Toronto 7,500 Collections & National Repairs Forest Santa Monica 450 Collections Beach American 125 Collections University Fairfax County 134 Collections Towson 125 Collections University 25 4. Has the Proposer defaulted on any previous agreement of similar scope? If yes, give details on separate sheet. No. 5. Bank Referenced: BANK ADDRESS a. See attached Bank References at the Financial Statement Tab. b. C. Provide at least three references as to the Proposer's experience and ability to promote, operate and maintain Parking Facility: Project Number of Service Provided Contact Tel. Nuns. Years of Meters Person Service City of Miami 8,600 meters Collections, Saul Francis 305 -673 -700 2 Beach & 4,500 cashiers & ext # 6483 spaces Su rvisors City of Palm Traffic Control & Bill Weaver 760 -318- 5 Springs Parking 3822 Enforcement City of Great Enforcement & Joe 406 -771- 15+ Falls Collections LaForest 1180 Malibu State 2,850 Collections & Paris Re' airs Orange County 1650 Collections & State Beach Repairs San Diego 750 Collections & State Beaches Repairs Imperial Sand 2,400 Collections & Dunes Repairs Toronto 7,500 Collections & National Repairs Forest Santa Monica 450 Collections Beach American 125 Collections University Fairfax County 134 Collections Towson 125 Collections University 7. Have you carefully inspected the site? Yes 26 S. Have any of the principals ever been convicted by a court of law of any violation other than traffic or parking violations? There have never been any criminal indictments of any kind or nature against the company or any of its officers, shareholders, directors, employees or representatives. 9. Any pending litigation? We operate approximately 1,900 parking facilities in North America, from Hawaii to Maine. Given the nature of the parking business, we inevitably. are involved in litigation that relates primarily to property damage and so- called "slip and fall" type claims, all of which litigation is fully insured. While it therefore is impractical to specifically itemize all such cases, we certify and represent that none of the litigation is material to our operations or our financial condition. Proposer is subject to various claims and legal proceedings that consist principally of lease and contract disputes and includes litigation with the County of Wayne relating to the management of parking lots at the Detroit Metropolitan Airport. These claims and legal proceedings are considered .ordinary, routine, and incidental to the company's business, and in the opinion of management, the ultimate liability with respect to these proceedings and claims will not materially affect the financial position, operations or liquidity of the company. Standard Parking is currently involved in litigation with the City of Fort Wayne, City of Fort Wayne et al. vs. APCOA/Standard Parking, Inc. cv. No. 03- cv- 37,U.S. District Court, Northern District of Indiana, wherein Standard Parking is seeking payment of expenses owned by the City and the City alleges Standard owes back rent. While Standard is confident that it shall prevail, a negative outcome will have no impact on Standards ability to perform the contract in South Miami. Have you carefully inspected the site? The City of South Miami is an incorporated municipality within Miami -Dade County. It has a Comprehensive Parking Program for the City of South Miami evolves around an active downtown area generally bounded by US 1, Red Road and SW 74th Street and a secondary commercial area at the north end. The City is about 2.5 square miles in area with a population of slightly over 10,700. The City extends generally from Bird Road in the north to Kendall Drive /Snapper creek Canal to the south, Red Road (SW 57th Ave) to the east and SW 69th Ave primarily forming the west boundary. The City is located approximately 10 miles south west of downtown Miami and shares boundaries with City of Coral Gables, un- incorporated Miami Dade County and Village of Pinecrest. The purpose of the City's parking program is to optimize the use of the available parking spaces by maintaining a reasonable turnover of cars in the available spaces. The parking program also controls commercial parking intrusion into the residential areas through strategic location of parking meters and other parking control devises. The current parking program includes approximately 750 Duncan meters adopted to receive Cash Key. 'Parking meters in four of the areas throughout the City are also used for decals. The City currently has two (2) motorized carts available for the enforcement personnel. The Proposer understands that information contained in this qualification form is to be relied upon by the City of South Miami in awarding the proposed' contract and such information is warranted by the Proposer to be true. 27 CITY OF MIAMI BEACH June 26, 2003 RE: PARKING METER COLLECTION SERVICES To whom it may concern: This correspondence is intended to provide the reader with information regarding APCOA/Standard's performance relative to their parking meter collection services contract with the City of Miami Beach. Standard's contract commenced on September 29, 2001 and expires on September 28, 2004. The contract provides for one (1) two -year option for renewal at the sole discretion of the City. To date, Standard's performance has been above - satisfactory. Standard has demonstrated a cooperative attitude; willingness to accommodate requests; and provided valuable input in our day-to- day assignments that have subsequently streamlined our operation. If you should have any further questions regarding this matter, please contact me at (305) 673 -7000, extension 6483. Sincerely, I Saul Frances Parking Director City of Miami Beach Miami Beach Parking System, Historic Old City Hall, 1130 Washington Avenue, Suite 100, Miami Beach, Florida 33139 -4600 Phone (305) -673 -7505 ,JUn -Z4• ZUU3 3 :ZZWM `Bent By: Apcoa htandarui 720 851 7744; Apr -25 -03 12 Wm, , U rnyu ., 212 APCOA / Standard Perkin Comany 17 0 Street North Great Falls, MT 59401 To Whom It May Concern: Re: U&M of --on: With the City of Great Falls seeing itself as a mgiond destination, the sucicessful, eil~ic icnt, and profitable ®pom ion of our municipal perking facilities by APCOA. / Standard Parlaug Conn my has helped create and sustain a positive impression of the city. The City of Great Falls becanne a diet of APCOA t Standard Parking well over fifteen years ago, and bas remained one skce. We have relied on APCOA / SbwAard to et'ficludy oversee the operation of the City's off -street facilities and the enforcemnen't of pig ,"lotions ttmwghmn tip City's parldng meter district, This enduring ring rolationW p results`fmm the excellent management services provided and from an effective and fair management contact One cif the key advantages to our assail ttim with APCOA / Stends rd has been wDovadon; use of advmood system and tacbnology and the qpl cation of custonwr friendly programs that have improved the padang experie= of Our clic als. Theta innovations are certainly part of the reason for our program's success. However, most of the City's Farking Prog m suds is due to the chaacter and dMousttated professionalism of the APCOA I StmdKd employees. Supervisor UUR•14• 1UU4 �;Lt"03.272 27603270916 OB/28r03 0110.11613P. City of Palm Springs ". VV pring.% Lateroational Air�t�t t ,11i) t: )ah :: { a�•t ntt Wry � rt. f N{ P;dm ryt:n�cs. �,v WL1 i:t 9 262 -6%6. � r1• t r ti l is ON) * VAX( Lti ;171- 1t.115 , (} (�C�t)1 t Cri 9527) SUBJECT: APCOA TRAFFIC CONTROL AND ENFORCEMENT TO WHOM IT MAY CONCERN- APCOA has been providing traffic control and parking enforcement services including issuing citations, at the Palm Springs International Airport. Palm Springs, CA Since November 1998. APCOA representative s have- a uniquo responsibility in the enforcement of certain mandates by the Transportatk)n Security Administration (TSA). while maintaining a high standard of customer service We. are very pleased that APCOA continues to provide a valuable function related to the security of the airport and presents a positive image to passengers at the Palm Springs International Airport Feel free to contact me at 760J318.3822 if you have further questions.. Sincerely. 2�- `" Rill Weaver Landside & Contract Administrator F Attachment 4 Financial Statement Attach a Financial Statement certified by either an appropriate Corporate Officer or an independent Certified Public Accountant. Provide any other information to establish Proposer's financial capability to provide the services required under this Management Agreement. The following pages contain our audited consolidated financial statements of Standard Parking, Inc. for December 31, 2002, which includes the results of operations and cash flows for the years ended December 31, 2001 and 2000, and balance sheet for December 31 2001 as well. Bank References Please feel free to contact our bank account representatives for additional information relative to our financial strength. Copies of our financial reference letters are also included on the following pages. Bank Address Contact LaSalle National Bank 135 South LaSalle Street Ms. Mary Lou Bartlett Chicago, IL 60603 Senior Vice President (312) 904 -0433 (312) 904 -0432 (fax) Firstar Bank 1350 Euclid Avenue Mr. John D. Barrett Suite 800 Senior Vice President Cleveland, OH 44115 (216) 623 -9221 (216) 623 -9208 (fax) Bank of America, N.A. 231 South LaSalle Street George C. Lyman Chicago, IL 60697 Senior Vice President (312) 828 -6773 (312)828- 1974' 28 r��M APCOA/Standard Parking Contact: G. MARC BAUMANN Chief Financial Officer APCOA/Standard Parking (312) 274- 2199 mbaumann(&apcoastandard.com FOR IMMEDIATE ' 9 900 North Michigan Ave. Suite 1600 Chicago, Illinois 60611 (312) 274 -2000 APCOA/STANDARD PARKING, INC. ANNOUNCES FOURTH QUARTER AND FULL YEAR 2002 RESULTS CHICAGO, March 18, 2003 - APCOA/Standard Parking, Inc., one of the nation's largest operators of paid parking facilities, today announced fourth quarter and full year 2002 operating results. Gross profit was $15.8 million for the quarter and $56.3 million for the year, an increase of 2.7% for the quarter and a decrease of 1.1 % for the year as compared to the same periods in 2001. General and administrative expenses were $7.6 million for the quarter and $30.1 million for the year, an increase of 5.2% for the quarter and 0.5 %o for the year as compared to the same periods in 2001. Operating income was $4.2 million for the fourth quarter of 2002 as compared to a loss of $14.3 million for the fourth quarter of 2001. For the fiscal year 2002, operating income was a record- setting $12.7 million as compared to a loss of $4.4 million for fiscal year 2001. 1 am extremely pleased with the performance of our team," said James A. Wilhelm, APiCOA/Standard Parking's President and Chief Executive Officer. "We. exceeded our expectations even though recovery since the events of 9/11 has been slowed by the continuing sluggish national economy. After factoring out certain other income and expense items recorded in 2001 and 2002, we achieved significant improvement in all areas of the business," Mr. Wilhelm continued. APICOAIStandard Parking, Inc., with approximately 11,900 employees, is one of the largest operators of paid parking facilities in North America, managing over 1,900 airport and urban parking facilities in 275 cities spanning 43 states and four Canadian provinces. APCOA/Standard Parking's 2002 annual report filed on Form 10 -K is available on the Internet at www.sec.gov. More information about APCOA/Standard Parking is available at www.al)coastandard.com. Certain statements contained herein may be forward- looking statements under the federal securities laws. Such statements can be identified by the use of words such as "anticipates," "intends," "seeks," "believes," "estimates," "plans," and "expects." These statements discuss expectations for the future, contain projections concerning the results of our operations or our future financial condition or state other forward- looking information. Such statements are subject to a number of risks and uncertainties. Our actual results, performance or achievements could differ substantially from the results expressed in, or implied by, those statements. We assume no responsibility for revising forward- looking statements in light of future events or circumstances. APCOAIStandard Parking, Inc. Parking services revenue: Lease contracts ....................... ............................. "' Management contracts ................ ............................... Reimbursement of management contract expenses ......... Total Revenue ............................... ............................... Cost of parking services: Lease contracts ......................... ............................... Management contracts ................ ............................... Reimbursed management contract expenses .................. Total cost of parking services ............ ............................... Grossprofit .................................... ............................... General and administrative expenses .. ............................... Specialcharges ............................................................. Depreciation and amortization ........... ............................... Management fee - parent company .... ............................... OperatingIncome ............................ ............................... Number of facilities: Leased facilities ........................ ............................... Managed facilities ...................... ............................... Total facilities ............................ ............................... Twelve Months Ended December 31, 2002 2001 $142,376 $156,411 78,029 87,403 220,405` 243,814 326,146 317,973 546,551 561,787 128,871 142,555 35,201 44,272 164,072 186,827 326,146 317,973 490,218 504,800 56,333 56,987 30,133 29,979 2,897 15,869 7,554 3.000 15,501 $12,749 ($4,362) 295 328 1.617 1.616 1,912 1,944 Standard Parking" Contact: G. MARC BAUMANN Chief Financial Officer Standard Parking Corporation (312) 274 -2199 mbaumann(aD-standardparking.com 900 North Michigan Ave. Suite 1600 Chicago, Illinois 60611 (312) 274 -2000 STANDARD PARKING CORPORATION ANNOUNCES FIRST QUARTER 2003 RESULTS CHICAGO, May 14, 2003 - Standard Parking Corporation, one of the nation's largest operators of paid parking facilities, today announced first quarter 2003 operating results. Gross profit was $14.1 million for the quarter, an increase of 11.0 %o as compared to the first quarter of 2002. General and administrative expenses were $8.1 million for the quarter, an increase of 5.1% as compared to the first quarter of 2002. ,Operating income was $3.3 million for the first quarter of 2003 as compared to $2.6 million for the first quarter of 2002, an increase of 24.2 %. 'We were generally pleased with the year- over -year first quarter operating income results and with the company's ability to introduce its new corporate identity under the backdrop of continued financial improvement," said James A. Wilhelm, Standard Parking's President and Chief Executive Officer. "Our formal name change to Standard Parking Corporation marks the successful integration of sight terrific parking companies. Although some of our airport locations are still struggling with the effects of lower traffic, we are hopeful that an improvement in the domestic economy and the resolution of the Iraqi conflict will lead to increased U.S. enplanement figures," Mr. Wilhelm concluded. Standard Parking Corporation, with approximately 11,900 employees, is one of the largest operators of paid parking facilities in North America, managing over 1,900 airport and urban parking facilities in 273 cities spanning 43 states and four Canadian provinces. Standard Parking's first quarter 2003 10 -Q and 2002 annual report filed on Form 10 -K is available on the Internet at www.sec.pov. More information about Standard Parking is available at www.standardparking.com. Certain statements contained herein may be forward - looking statements under the federal securities laws. Such statements can be identified by the use of words such as "anticipates," "intends," "seeks," "believes, "estimates," "plans," and "expects." These statements discuss expectations for the future, contain projections concerning the results of our operations or our future financial condition or state other forward - looking information. Such statements are subject to a number of risks and uncertainties. Our actual results, performance or achievements could differ substantially from the results expressed in, or implied by, those statements. We assume no responsibility for revising forward- looking statements in light of future events or circumstances. Standard Parking Corporation Three Months Ended March 31, 2003 2002 Parking services revenue: Lease contracts ......................... ............................... $35,674 $34,839 Management contracts ................ ............................... 17,969 20,377 53,643 55,216 Reimbursement of management contract expense .......... 76,813 81,779 Total Revenue ............................... ............................... 130,456 136,995 Cost of parking services: Lease contracts :........................ ............................... 32,818 31,528 Management contracts ................ ............................... 6,696 10,960 39,514 42,488 Reimbursed management contract expense ................... 76,813 81,779 Total cost of parking services ............ ............................... 116,327 124,267 Gross profit .................................... ............................... 14,129 12,728 General and administrative expenses .. ............................... 8,111 7,720 Special charges .............................. ............................... 97 208 Depreciation and amortization ........... ............................... 1,890 1,409 Management fee - parent company .... ............................... 750 750 Operating Income ............................ ............................... $3,281 $2,641 Number of facilities: Leased facilities ........................ ............................... 296 327 Managed facilities ...................... ............................... 1.605 1.641 Total facilities ............................ ............................... 1,901 1,968 - T- .�..��- �.a- �._i - -r.. me - r- .�1 -,�. .- T -m.� -t � s��-, -�;a .. ^.--•� rv- �y'�_"" «zr'. ,<o-� -.�, �. -x - � - �.'mu�s"y.- �...� -?'Y , REPORT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS Board of Directors APCOA/Standard Parking, Inc. We have audited the accompanying consolidated: balance sheets of APCOA/Standard Parking, Inc. (the "Company ") as of December 31, 2002 and 2001, and the related consolidated statements of operations, stockholders' deficit and cash flows for each of the three years in the period ended December 31, 2002. Our audits also included the financial statement schedule listed in the Index at Item 15(a). These financial statements and schedule are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements and schedule based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the consolidated financial position of the Company at December 31, 2002 and 2001, and the consolidated results of its operations and its consolidated cash flows for each of the three years in the period ended December 31, 2002, in conformity with accounting principles generally accepted in the United States. Also, in our opinion, the related financial statement schedule, when considered in relation to the basic financial statements taken as a whole, presents fairly, in all material respects, the information set forth therein. As discussed in Note A, in 2002 the Company changed its method of accounting for goodwill and other intangible assets to conform to Statement of Financial Accounting Standards No. 142, "Goodwill and Other Intangible Assets." ERNST & YOUNG LLP Chicago, Illinois March 7, 2003 APCOA/STANDARD PARKING, INC. CONSOLIDATED BALANCE SHEETS (In Thousands, Except for Share Data) ASSETS Current assets: Cash and cash equivalents Notes and accounts receivable, net of allowance Prepaid expenses and supplies Total current assets Leaseholds and equipment: Equipment Leasehold improvements Leaseholds Construction in progress Less accumulated depreciation and amortization Other assets: Advances and deposits Goodwill Intangible and other assets, net Total assets LIABILITIES AND STOCKHOLDERS' DEFICIT Current liabilities: Accounts payable Accrued rent Compensation and payroll withholdings Property, payroll and other taxes Accrued insurance and expenses Accrued special charges Current portion of long -term borrowings Current portion of capital lease obligations Total current liabilities Long -term borrowings, excluding current portion: Obligations under credit agreements Capital lease obligations, less current portion Other Other long -term liabilities Convertible redeemable preferred stock, series D Redeemable preferred stock, series C Common stock subject to put/call rights; 5.01 shares issued and outstanding Common stockholders' deficit: Common stock, par value $1.00 per share, 3,000 shares authorized; 26.3 shares issued and outstanding Additional paid -in capital Accumulated other comprehensive loss Accumulated deficit Total common stockholders' deficit Total liabilities and common stockholders' deficit P December 31, 2002 2001 $ 6,153 32,671 1,621 40,445 23,296 19,324 35,661 572 78,853 58,943 19,910 4,406 115,944 10,245 130,595 $ 190,950 $ 24,403 4,208 5,278 1,581 8,995 1,870 760 2,493 49,588 156,266 2,931 3,723 162,920 12,961 47,224 56,347 9,470 $ 7,602 40,276 1,194 49,072 15,526 19,815 39,006 1,676 76,023 57,440 18,583 1,509 115,332 7,738 124,579 $ 192,234 $ 34,620 4,012 6,293 2,025 8,667 12,057 1,374 180 69,228 168,600 718 4,385 173,703 12,658 61,330 8,500 1 1 15,222 11,422 (644) (803) (162,139) (143,805) (147,560) (133,185) $ 190,950 $ 192,234 See Notes to Consolidated Financial Statements. APCOA/STANDARD PARKING, INC. CONSOLIDATED STATEMENTS OF OPERATIONS (In Thousands) Years Ended December 31, 2002 2001 2000 Parking services revenue: Lease contracts $ 142,376 $ 156,411 $ 181,828 Management contracts 78,029 87,403 70,654 Reimbursement of management contract expense 326,146 317,973 308,591 Total revenue 546,551 561,787 561,073 Costs and expenses: Cost of parking services: Lease contracts 128,871 142,555 159,702 Management contracts 35,201 44,272 32,643 Reimbursed management contract expense 326,146 317,973 308,591 Total cost of parking services 490,218 504,800 500,936 General and administrative 30,133 29,979 36,121 Special charges 2,897 15,869 4,636 Depreciation and amortization 7,554 15,501 12,635 Management fee - parent company 3,000 - - Total costs and expenses 533,802 566,149 554,328 Operating income (loss) 12,749 (4,362) 6,745 Other expenses (income): Interest expense 16,246 18,403 18,311 Interest income (281) (804) (929) 15,965 17,599 17,382 Bad debt provision related to related -party non- operating receivables - 12,878 - Loss before minority interest and income taxes (3,216) (34,839) (10,637) Minority interest expense 180 209 341 Income tax expense 428 406 503 Net loss (3,824) (35,454) (11,481) Preferred stock dividends (13,540) (6,354) (5,696) Increase in fair value of common stock subject to puticall (970) (2,196) (1,715) Net loss attributable to common stockholders $ (18,334) $ (44,004) $ (18,892) See Notes to Consolidated Financial Statements. 3 Net loss Cumulative translation adjustments Comprehensive loss Preferred stock dividends Increase in fair value of common stock subject to put/call Exchange of series C Preferred Stock for (3,824) (3,824) 159 159 3,665) (13,540) (13,540) (970) (970) series D Preferred Stock 3,800 3,800 Balance (deficit) at December 31, 2002 26.3 $ I $ 15,222 $ - $ (644) $ (162,139) $ (147,560) 4 APCOA/STANDARD PARKING, INC. CONSOLIDATED STATEMENTS OF COMMON STOCKHOLDERS' DEFICIT (In Thousands, Except for Share Data) Accumulated Common Stock Advances to Other Number of Additional And Deposits Comprehensive Accumulated Shares Par Value Paid -In Capital With Affiliates Income Deficit Total Balance (deficit) at January 1, 2000 26.3 $ 1 $ 11,422 $ (10,553) $ 428 $ (80,909) $ (79,611) Net loss (11,481) (11,481) Cumulative translation adjustments (802) (802) Comprehensive loss 12,283) Preferred stock dividends (5,696) (5,696) Increase in fair value of common stock subject to put/call (1,715) (1,715) Advances to and deposits with affiliates (1,426) 1,426) Balance (deficit) at December 31, 2000 26.3 1 11,422 (11,979) (374) (99,801) (100,731) Net loss (35,454) (35,454) Cumulative translation adjustments (429) (429) Comprehensive loss 35,883) Preferred stock dividends (6,354) (6,354) Increase in fair value of common stock subject to put/call (2,196) (2,196) Interest related to advances to and deposits with affiliates (899) (899) Provision related to related party non - operating receivables 12,878 12,878 Balance (deficit) at December 31, 2001 26.3 1 11,422 - (803) (143,805) (133,185) Net loss Cumulative translation adjustments Comprehensive loss Preferred stock dividends Increase in fair value of common stock subject to put/call Exchange of series C Preferred Stock for (3,824) (3,824) 159 159 3,665) (13,540) (13,540) (970) (970) series D Preferred Stock 3,800 3,800 Balance (deficit) at December 31, 2002 26.3 $ I $ 15,222 $ - $ (644) $ (162,139) $ (147,560) 4 APCOA/STANDARD PARKING, INC. CONSOLIDATED STATEMENTS OF CASH FLOWS (In Thousands) Year Ended December 31, 2002 2001 2000 Operating activities Net loss Adjustments to reconcile net loss to net cash provided by (used in) operations: Depreciation and amortization Non -cash interest expense Provision (reversal) for losses on accounts receivable Provision related to related -party non - operating receivables Changes in operating assets and liabilities, net of acquisitions: Notes and accounts receivable Prepaid assets Other assets Accounts payable Accrued liabilities Net cash provided by (used in) operating activities Investing activities Purchase of leaseholds and equipment Purchase of leaseholds and equipment by joint ventures Contingent purchase payments Net cash used in investing activities Financing activities' Proceeds from long -term borrowings Payments on long -term borrowings Payments on joint venture borrowings Payments of debt issuance costs Payments on capital leases Redemption of preferred stock Net cash (used in) provided by financing activities Effect of exchange rate changes on cash and cash equivalents (Decrease) increase in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash, equivalents at end of year Cash paid for: Interest Income taxes Supplemental disclosures of non -cash activity: Debt issued for capital lease obligation Redemption of series C preferred stock Issuance of 18% senior convertible redeemable series D preferred stock Redemption of 9 1/4 %senior subordinated notes Issuance of 14 % senior subordinated second lien notes Issuance of 18 % senior convertible redeemable series D preferred stock Carrying value in excess of principal, related to debt recapitalization �, ,.. $ (3,824) $ (35,454) $ (11,481) 7,554 15,501 12,635 1,230 1,479 1,012 399 (768) (245) - 12,878 - 7,206 7,318 (3,866) (427) 581 (130) (6,526) 3,382 866 (10,217) (459) 9,790 8,290 4,969 (11,137) 3,685 9,427 (2,556) (1,843) (1,537) (4,684) (3) (10) (213) (612) (533) (661) (2,458) (2,080) (5,558) 3,000 1,650 8,850 (394) (975) (493) (882) (1,687) (736) (159) (1,735) (286) (1,900) (108) (95) (2,500) - - (2,835) (2,855) 7,240 159 (429) (802) (1,449) 4,063 (1,676) 7,602 3,539 5,215 $ 6,153 $ 7,602 $ 3,539 $ 16,656 $ 17,121 $ 17,379 546 741 320 $ 6,590 $ 728 $ - - - -- (8,800) - - - -- - - - -- 5,000 ----- - - - -- (91,123) - - - -- - - --- 59,285 - - - -- - --- 35,000 - - - -- - - - -- 16,838 - - - -- - - - -- See Notes to Consolidated Financial Statements. 5 APCOA/STANDARD PARKING, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Years Ended December 31, 2002, 2001 and 2000 (In thousands) Note A. Significant Accounting Policies APCOA/Standard Parking, Inc. ( "APCOA/Standard" or "the Company), and its subsidiaries and affiliates.manage, operate and develop parking properties throughout the United States and Canada. The Company is a majority- owned subsidiary of AP Holdings, Inc. ( "AP Holdings "). The Company provides on -site management services at multi -level and surface facilities for all major markets of the parking industry. The Company manages approximately 1,912 parking facilities, containing approximately 1,028,000 parking spaces in over 275 cities across the United States and Canada. Principles of Consolidation The consolidated financial statements include the accounts of the Company, its wholly owned subsidiaries, and joint ventures in which the Company has more than 50% ownership interest. Minority interest recorded in the consolidated statement of operations is the joint venture partner's non - controlling interest in consolidated joint ventures. Minority interest classified as "other long -term liabilities" in the consolidated balance sheets was $354 and $243 at December 31, 2002 and 2001, respectively. Investments in joint ventures where the Company has a 50% or less non - controlling ownership interest are reported on the equity method. Investments in joint ventures accounted for using the equity method and reflected as "Intangible and other assets" in the consolidated balance sheets were $0 and $83 at December 31, 2002 and 2001, respectively. All significant intercompany profits, transactions and balances have been eliminated in consolidation. Parking Revenue The Company recognizes gross receipts from leased locations and management fees earned from management contract properties as parking revenue as the related services are provided. Also included in parking revenue are $10 in 2002, $196 in 2001 and $1,788 in 2000 from gains on sales of parking contracts and development fees. In 2001 a net receipt of $4,805 related to the exercise of owner termination rights associated with certain management contracts in the ordinary course of business was recorded as parking revenue. Cost of Parking Services The Company recognizes costs for leases and nonreimbursed costs from managed facilities as cost of parking services. Cost of parking services consists primarily of rent and payroll related costs. Advertising Costs Advertising costs are expensed as incurred and are included in general and administrative expenses. Advertising expenses aggregated $286, $218 and $379 for 2002, 2001 and 2000, respectively. Cash and Cash Equivalents Cash equivalents represent funds temporarily invested in money market instruments with maturities of one to five days. Cash equivalents are stated at cost, which approximates market value. Leaseholds and Equipment Leaseholds, equipment and leasehold improvements are stated at cost. Leaseholds (cost of parking contracts) are amortized on a straight - line basis over the average contract life of 10 years. Equipment is depreciated on the straight -line basis over the estimated useful lives of approximately 5 years on average. Leasehold improvements are amortized on the straight-line basis over the terms of the respective leases or the service lives of the improvements, whichever is shorter (average of approximately 7 years). Depreciation and amortization includes losses (gains) on abandonments of leaseholds and equipment of $0, $4,579, and $(2) in 2002, 2001 and 2000, respectively. Depreciation expense was $6,983, $11,494 and 8,621 in 2002, 2001, and 2000 respectively. Included in 2001 is $2,043 related to costs of software programs that have been discontinued or have become obsolete, and $1,323 related to leasehold improvements that will not be utilized at the corporate headquarters. Goodwill On January 1, 2002, the Company adopted Statement of Financial Accounting Standards ( "SFAS ") No. 142, Goodwill and Other Intangible Assets, which eliminates the amortization of goodwill and instead requires that goodwill be tested for impairment at least annually. Transitional impairment tests of goodwill made by the Company during the quarter ended March 31, 2002 and annual impairment tests made during the quarter ended September 30, 2002, did not require adjustment to the carrying value of our goodwill. Impairment of Long Lived and Finite -Lived Intangible Assets Long -lived assets and identifiable intangibles with finite lives are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. Recoverability of assets to be held and used is measured by a comparison of the carrying amount of an asset to future undiscounted net cash flows expected to be generated by the asset. If such assets are considered to be impaired, the impairment recognized is measured by the amount by which the carrying amount of the assets exceeds the fair value of the assets. Assets to be disposed of are reported at the lower of the carrying amount or fair value less costs to sell. Per the provisions of SFAS No. 142, the Company's definite lived intangible assets, consisting primarily of non- compete agreements, are amortized on a straight line basis over the term of the respective agreements which range from 5 to 10 years. (See Note B). Debt Issuance Costs The costs of obtaining financing are capitalized and amortized as interest expense over the term of the respective financing using a method which approximates the interest method. Debt issuance costs of $2,132 and $2,809 at December 31, 2002 and 2001, respectively, are included in intangibles and other assets in the consolidated balance sheets and are reflected net of accumulated amortization of $3,859 and $3,023 at December 31, 2002 and 2001, respectively. Debt issuance costs of $3,323 for the year ended December 31, 2001 were recorded as special charges related to the exchange. (See Note Q. Financial Instruments The carrying values of cash, accounts receivable and accounts payable are reasonable estimates of their fair value due to the short-term nature of these financial instruments. The Company's 9' /a% Senior Subordinated Notes are included in the Consolidated Balance Sheet at $48,877; which represents the aggregate face value of the notes and the Company's 4% Senior Subordinated Second Lien Notes are included in the Consolidated Balance Sheet at $61,608, which represents the aggregate face value of the notes. Estimated market value at December 31, 2002 aggregated $26.9 million for the 9'/4% notes and $61.6 million for the 14% notes. Other long -term debt has a carrying value that approximates fair value. Foreign Currency Translation The functional currency of the Company's foreign operations is the local currency. Accordingly, assets and liabilities of the Company's foreign operations are translated from foreign currencies into U.S. dollars at the rates in effect on the balance sheet date while income and expenses are translated at the weighted- average exchange rates for the year. Adjustments resulting from the translations of foreign currency financial statements are accumulated and classified as a separate component of stockholders' deficit. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from those estimates. Insurance Reserves The Company purchases comprehensive liability insurance covering certain claims that occur at parking facilities the Company leases or manages.. In addition, the Company purchases umbrella/excess liability coverage. The Company's various liability insurance policies have deductibles of up to $250,000 that must be met before the insurance companies are required to reimburse the Company for costs incurred relating to covered claims. As a result, the Company is, in effect, self - insured for all claims up to the deductible levels. The Company applies the provisions of SFAS No. 5, Accounting for Contingencies, in determining the timing and amount of expense recognition associated with claims against the Company. The expense recognition is based upon the Company's determination of an unfavorable outcome of a claim being deemed as probable and reasonably estimated, as defined in SFAS No. 5. This determination requires the use of judgment in both the estimation of probability and the amount to be recognized as an expense. The Company utilizes historical claims experience along with regular input from third party insurance advisors in determining the required level of insurance reserves. Future information regarding historical loss experience may require changes to the level of insurance reserves and could result in increased expense recognition in the future. Litigation The Company is subject to litigation in the normal course of our business. The Company applies the provisions of SFAS No. 5, Accounting for Contingencies, in determining the timing and amount of expense recognition associated with legal claims against us. Management uses guidance from internal and external legal counsel on the potential outcome of litigation in determining the need to record liabilities for potential losses and the disclosure of pending legal claims. (See Note K). Recent Accounting Pronouncements In August 2001, the Financial Accounting Standards Board issued Statement of Financial Accounting Standards ( "SFAS ") No. 144, Accounting for the Impairment or Disposal of Long -Lived Assets, which supersedes both SFAS No. 121, Accounting for the Impairment of Long - Lived Assets and for Long -Lived Assets to Be Disposed Of and the accounting and reporting provisions of Accounting Principles Board Opinion No. 30, Reporting the Results of Operations - Reporting the Effects of Disposal of a Segment of a Business, and Extraordinary, Unusual and Infrequently Occurring Events and Transactions ( "Opinion 30 "), for the disposal of a segment of a business (as previously defined in Opinion 30). SFAS No. 144 retains the fundamental provisions in SFAS No, 121 for recognizing and measuring impairment losses on long -lived assets held for use and long - lived assets to be disposed of by sale, while also resolving significant implementation issues associated with SFAS No. 121. For example, SFAS No. 144 provides guidance on how a Iong -lived asset that is used as part of a group should be evaluated for impairment, establishes criteria for when a long -lived asset may be classified as held for sale, and prescribes the accounting for a long- lived asset that will be disposed of other than by sale. SFAS No. I44 retains the basic provisions of Opinion 30 on how to present discontinued operations in the income statement but broadens that presentation to include a component of an entity (rather than a segment of a business). Unlike SFAS No. 121, SFAS No. 144 does not provide guidance on impairment of goodwill. Rather, goodwill is evaluated for impairment under SFAS No. 142, Goodwill and Other Intangible Assets. The Company adopted SFAS No. 144 on January 1, 2002, and there was no impact to the results of operations or its financial position upon adoption. During the second quarter ended June 30, 2002, the Company became subject to and adopted a new accounting standard (EITF 01 -14 Income Statement Characterization of Reimbursements Received for "Out of Pocket" Expenses Incurred), which requires the recognition of both revenues and expenses in equal amounts for costs directly reimbursed from its management contract properties. This accounting change has no impact on operating earnings or net earnings. Historically, expenses directly reimbursed under management agreements have been netted against the reimbursement received. As required by this new accounting standard, these items have been reclassified in all prior periods to conform to the new presentation. For the year ended December 31, 2002, the impact is an increase of $326.1 million in both revenue and expenses, as compared to $318.0 million for the year ended December 31, 2001. In April 2002, the Financial Accounting Standards Board (' FASB ") issued SFAS No. 145, Rescission ofFASB Statements No. 4, 44, and 62, Amendment of FASB Statement No. 13, and Technical Corrections. SFAS No. 145 requires that certain gains and losses on extinguishments of debt be classified as income or loss from continuing operations rather than as extraordinary items as previously required under SFAS No. 4, Reporting Gains and Losses from Extinguishment of Debt. The Company will be required to adopt SFAS No. 145 on January 1, 2003, and will reclassify extraordinary items to continuing operations. In August 2002, the FASB issued Statement of Financial Accounting Standards No. 146 (SFAS 146), "Accounting for Costs Associated with Exit or Disposal Activities ". SFAS 146 nullifies the guidance of the Emerging Issues Task Force (EITF) Issue No. 94 -3, "Liability Recognition for Certain Employee Termination Benefits and other Costs to Exit and Activity (including Certain Costs Incurred in a Restructuring).," SFAS 146 requires that liability for a cost that is associated with an exit or disposal activity be recognized when the liability is incurred. SFAS 146 also establishes that fair value is the objective for the initial measurement of the liability. The provisions of SFAS 146 are required for exit or disposal activities that are initiated after December 31, 2002. At this time, the Company does not believe the adoption of SFAS 146 will have a material impact on its financial statements. Stock Based Compensation The Company has elected to follow Accounting Principles Board Opinion No. 25, Accounting for Stock Issued to Employees, and related interpretations in accounting for the stock options granted to employees and directors. Accordingly, employee and director compensation expense is recognized only for those options which price is less than fair market value at the measurement date. The Company has adopted the disclosure -only provisions of SFAS No. 123, Accounting for Stock -Based Compensation. Reclassifications Certain amounts previously presented in the financial statements of prior periods have been reclassified to conform to current year presentation. Note B. Goodwill and Intangible Assets In June 2001, the Financial Accounting Standards Board issued SFAS No. 141, "Business Combinations'; and SFAS No. 142, "Goodwill and Other Intangible Assets ". On July I, 2001, the Company adopted SFAS No. 141., which requires that the purchase method of accounting be used for all business combinations initiated after June 30, 2001 and also includes guidance on the initial recognition and measurement of goodwill and other intangible assets acquired in a business combination. The initial adoption of SFAS No. I41 did not affect the Company's results of operations or its financial position. On January 1, 2002, the Company adopted SFAS No. 142, which eliminates the amortization of goodwill and requires that the goodwill be tested for impairment. Transitional impairment tests of goodwill made during the year ended December 31, 2002 did not require adjustment to the carrying value of its goodwill. As of December 31, 2002 and 2001, the Company's definite lived intangible assets of $2,815 and $3,386, respectively, net of accumulated amortization of $3,242 and $2;671, respectively, which primarily consist of non - compete agreements, continue to be amortized over their useful lives. A roll forward of goodwill for the periods presented is as follows: Balance at beginning of year Additions Amortization Effect of foreign currency translation Contingency payments related to prior acquisitions Balance as of December 31, 2002 For the Year Ended December 31, 2002 2001 $ 115,332 $ 113,293 — 4,915 (3,259) — (150) 612 533 $ 115,944 $ 115,332 Amortization expense for intangible assets during the year ended December 31, 2002 was $57I. Estimated amortization expense for 2003 and the five succeeding fiscal years is as follows: Actual results of operations for the year ended December 31, 2002 and the pro forma results of operations for the year ended December 31, 2001 and 2000 had we applied the non - amortization provisions of SFAS 142 in the prior periods areas follows: For The Year Ended December 31, 2002 2001 2000 (Unaudited) Net loss $ (3,824) $ (35,454) $ (11,481) Add: goodwill amortization — 3,259 3,138 Proforma net loss $ (3,824) $ (32,195) $ (8,343) Estimated Amortization Expense 2003 $ 587 2004 587 2005 570 2006 516 2007 516 2008 39 Actual results of operations for the year ended December 31, 2002 and the pro forma results of operations for the year ended December 31, 2001 and 2000 had we applied the non - amortization provisions of SFAS 142 in the prior periods areas follows: For The Year Ended December 31, 2002 2001 2000 (Unaudited) Net loss $ (3,824) $ (35,454) $ (11,481) Add: goodwill amortization — 3,259 3,138 Proforma net loss $ (3,824) $ (32,195) $ (8,343) Note C. Special Charges Included in "special charges in the accompanying consolidated statement of operations for the years ended December 31, 2002, 2001 and 2000 are the following (expenses are cash unless otherwise stated): Costs related to the exchange offering Write off of debt issuance costs related to the exchange (1) Provision for abandoned businesses(non- cash `expense) Employee severance costs Retroactive prior period insurance adjustments (Reversal) provision for headquarters reorganization Incremental integration costs and other Parent company expenses Total special charges Supplement Disclosure - Special Charges Accrued at beginning of year Provision for special charges (2) Paid during year For The Year Ended December 31, 2002 2001 2000 $ 982 $ 8,431 $ - - 3,323 - - 1,722 — 391 87 2,475 215 314 895 (320) 750 — 1,329 1,242 1,266 300 — — $ 2,897 $ 15,869 $ 4,636 For The Year Ended December 31, 2002 2001 2000 $ 12,057 $ 2,994 $ 2,024 — 1!2,546 4,636 (10,187) (3,483) (3,666) Accrued at end of year $ 1,870 $ 12,057 $ 2,994 (1) Amount charged directly to expense; (2) In 2002, no additional provisions were made for special charges, All amounts were expensed as incurred. In 2000, the employee severance costs relate to a provision for key management severance of $1,400 and cash compensation and related expenses for approximately 15 other employees for whom employment was terminated of $1,075. The costs associated with the insurance program relate to retroactive prior period premium adjustments of $895. The costs associated with incremental integration costs and other include $295 for settlement costs and outside accounting firm costs related to the combination with Standard, $235 for closure of administrative offices, and $736 for a provision related primarily to estimated settlements on disputed receivables of Standard. In 2001, costs of $8,431 were provided for and debt issuance costs of $3,323 were written -off related to the exchange offer. The provision for abandoned businesses of $1,722 relate to minimum future lease payments at closed location. The costs associated with incremental integration costs and other include $371 for settlement costs and outside accounting firm costs related to the combination with Standard, $871 related primarily to legal costs incurred on terminated contracts. The provision for headquarters reorganization of $750 principally relates to the, reorganization and decentralization of financial functions. The costs associated with the insurance program relate to retroactive prior period premiums adjustments of $314. In 2002, costs of $982 were incurred for the registration of the 14% senior subordinated second lien note, $391 in severance for key management personnel and regional administrative personnel, $215 for insurance costs in accordance with ERISA requirements. The $1,329 of incremental integration costs and other consists of $816 in legal and settlement costs incurred on contracts terminated in prior years and $513 in prior period rent and other costs and $300 in costs related to the parent company. The $(320) is a partial reversal of a provision for headquarters reorganization as the actual costs incurred were less than anticipated. 10 ­­7 . . Note D. Borrowing Arrangements Long -term borrowings consist of: Amount Outstanding Interest December 31, Rate(s) Due Date 2002 2001 Senior Credit Facility Various March 2004 $ 31,600 $ 28,600 Senior Subordinated Second Lien Notes 14.00% December 2006 61,608 — Senior Subordinated Notes 9.25% March, 2008 48,877 140,000 Carrying value in excess of principal Various Various 14,181 — Joint venture debentures 11.00- 15.00% Various 2,550 3,432 Capital lease obligations Various Various 5,425 898 Obligations on Seller notes Various Various 1,932 2,327 166,173 175,257 Less current portion 3,253 1,554 $ 162,920 $ 1 173,703 APCOA/Standard's 9' /a% Senior Subordinated Notes, (the "91/4% Notes "), were issued in September of 1998 and are;due in March of 2008. The Notes are registered with the Securities and Exchange Commission. The 14% Senior Subordinated Second Lien Notes (14 % notes) were issued in January 2002 and are due in December 2006.. The Notes are registered with the Securities and Exchange Commission. Interest accrues at the rate of 14% per annum and is payable semi- annually in a combination of cash and additional registered notes (the "PIK Notes "), in arrears on June 15 and December 15, commencing on'',June 15, 2002. Interest in the amount of 10% per annum is paid in cash, and interest in the amount of 4% per annum is paid in PIK Notes. APCOA/Standard makes each interest payment to the Holders of record on the immediately preceding June 1 and December 1. PIK Notes are issued in denominations of $100 principal amount and integral multiples of $100. The amount of PIK Notes issued is rounded down to the nearest $100 with any fractional amount refunded to the holder as cash. The liquidation preference in order of preference, of the Company's long -term borrowings is: Senior Credit Facility and Amended Senior Credit Facility, 14% Notes, 9'/4% Notes, Joint Venture Debentures, other debt. On January 11, 2002, APCOA/Standard completed an unregistered exchange and recapitalization of a portion of its 9'/4% Notes. APCOA/Standard received gross cash proceeds of $20.0 million and retired $91.1 million 9'/4% Notes. In exchange, APCOA/Standard issued $59.3 million of 14% Notes and 3,500 shares of 18 % Senior Convertible Redeemable Series D Preferred Stock (Series D Preferred Stock), with a face value of $35.0 million which is mandatorily redeemable on June 15, 2008. In conjunction with the exchange, the Company repaid $9.5 million of indebtedness under the Senior Credit Facility, paid $2.7 million in accrued interest relating to the $91.1 million of the 9'/4% Senior Subordinated Notes due 2008 that were tendered, $9.7 million (including $1.3 million capitalized as debt issuance costs related to the amended and restated senior credit facility) in fees and expenses related to the exchange, which included a $3.0 million transaction advisory fee to AP Holdings, Inc. ( "AP Holdings "), APCOA/Standard's parent company, and a repurchase of $1.5 million of redeemable preferred stock held by AP Holdings. The fees and expenses of $9.7 million related to the exchange and the amended and restated senior credit facility were provided for in the period ended December 31, 2001. The company repurchased $0.1 million of redeemable preferred stock held by AP Holdings on February 20, 2002 and $0.9 million on June 17, 2002. On April 10, 2002, the Company filed a registration statement to offer to exchange up to $59.3 million in aggregate principal amount of its registered 14% Notes (including unregistered notes paid as interest on unregistered notes). The registration statement, which was amended on May 24, 2002, June 17, 2002 and June 26, 2002, was declared effective by the Commission on June 28, 2002. The prospectus was supplemented on July 8,2002 to increase the maximum amount of notes subject to the exchange to $60.3 million, thereby covering the notes issued as interest paid on June 15, 2002. In connection with the exchange offer, which expired on August 9, 2002, all outstanding unregistered 14% Notes were exchanged for registered 14% Notes with substantially identical terms effective August 16, 2002. The Company entered into an amended and restated credit agreement as of January 11, 2002 with the LaSalle Bank National Association and Bank One, N.A., (the lenders under the prior senior credit facility) that restructured the Company's prior $40.0 million senior credit facility. The senior credit facility was further amended effective as of June 17, 2002, June 30, 2002, December 30, 2002, January 22, 2003 and February 26, 2003. The Company's senior credit facility consists of $43 million in revolving and term loans, specifically: A $28.0 million revolving credit facility provided by LaSalle Bank which will expire on March 8, 2004. The revolving credit facility includes a'letter of credit facility with a sublimit of $22.0 million (or such greater amount as the lender may agree to for letters of credit). • A $15.0 million term loan from Bank One with $5.0 million due on April 30, 2003 and the remainder due on March 10, 2004. 11 The Company utilizes the senior credit facility for working capital and general corporate purposes and to provide standby letters of credit. The senior credit facility provides for cash borrowings up to the lesser of $28.0 million or 80% of the Company's eligible accounts receivable (as defined therein), plus 50% of eligible capital improvement receivables as defined therein, plus 40% of net book value of fixed assets, minus 40% of capital lease indebtedness, plus additional availability of $3.0 million. The $3.0 million of additional availability decreases by $0.25 million on April 1, 2003, an additional $0.25 million on July 1, 2003, and $0.5 million on the first day of each quarter thereafter, until it has been eliminated. At December 31, 2002, the Company had $3.7 million available under the senior credit facility. The revolving credit facility bears interest based, at the Company's option, either on LIBOR plus 4.00% or the Alternate Base Rate (as defined below) plus 1.75 %. The Company may elect interest periods of 1, 2, or 3 months for LIBOR based borrowings. The Alternate Base Rate is the higher of (i) the rate publicly announced from time to time by LaSalle as its "prime rate," (ii) the overnight federal funds rates plus 0.50 %, and (iii) 4.25 %. LIBOR will at all times be determined by taking into account maximum statutory reserves required (if any). The interest rate applicable to the term loan until March 1, 2003 is a fixed rate of 13.0 %, of which cash interest at 9.5% will be payable monthly in arrears and 3.5% will accrue without compounding and be payable on March 10, 2004 or earlier at borrower's election, whether pursuant to any permitted prepayment acceleration or otherwise. The interest rate applicable to the term loan as of March 1, 2003 (and thereafter) is a fixed rate of 15.0 %, of which cash interest at 11.5% will be payable monthly in arrears and 3.5% will accrue without compounding and be payable on March 10, 2004 or earlier at borrower's election, whether pursuant to any permitted prepayment acceleration or otherwise. If Bank One is replaced in full as holder of the term loan prior to May 1, 2003, the interest rate will return to 13% fixed (the pre -March 1, 2003 level) for the new term lender, and Bank One will refund to the Company the additional 2% in interest they received for the period from March 1, 2003 to the date of such payment. The senior credit facility includes covenants that limit the Company's ability to incur additional indebtedness, issue preferred stock or pay dividends and contains certain other restrictions on the Company's activities. It is secured by substantially all of the Company's assets (including 100% of the stock of existing and future domestic subsidiaries and 65% of the stock of existing and future foreign subsidiaries), by a first priority pledge of all of the common stock owned by AP Holdings and by all other existing and after- acquired property of AP Holdings. At December 31, 2002 the Company had $4.7 million of letters of credit outstanding under the senior credit facility and borrowings against the senior credit facility aggregated $31.6 million. The 9'/4% Notes, 14% Notes and New Facility contain covenants that limit APCOA/Standard from incurring additional indebtedness and issuing preferred stock, restrict dividend payments, limit transactions with affiliates and restrict certain other transactions. Substantially all of APCOA/Standard's net assets are restricted under these provisions and covenants (See Note J). The exchange offer and recapitalization and its effect are as follows: Balance at December 31, 2001 Exchange of debt Swap of series C for D Dividends accumulated Amortization of carrying value PIK notes issued - Balance at December 31, 2002 The exchange offer and recapitalization were accounted for as a "modification of terms" type of troubled debt restructuring as prescribed by FASB Statement No. 15, Accounting by Debtors and Creditors for Troubled Debt Restructurings ( "FAS I5'). Under FAS 15, an effective reduction in principal or accrued interest does not result in the debtor recording a gain as long as the future contractual payments (principal and interest combined) under the restructured debt or redeemable preferred stock issued (including dividends), are more than the carrying amount of the debt before the restructuring. In those circumstances, the carrying amount of the original debt or investment is not adjusted, and the effects of any changes are reflected in future periods as a reduction in interest expense. The effective interest rate is the discount rate that equates the present value of the future cash payments specified by the new terms with the unadjusted carrying amount of the debt. In addition, under FAS 15, when a debtor issues a redeemable equity interest in partial satisfaction of debt in conjunction with a modification of terms, the redeemable equity interest is treated similar to debt. Legal fees and other direct costs incurred by a debtor to effect a troubled debt restructuring are expensed as incurred, except for amounts incurred directly in granting an equity interest, if any. The accounting for this exchange under FAS 15 was as follows: • No gain was recognized by the Company for the excess of (a) the principal of the 14% notes exchanged for the 9 1/4% notes, over (b) the principal of the 9 1/4% notes. • The excess, Carrying Value in Excess of Principal, remains part of the carrying value of the Company's debt, and is being amortized as a reduction to future interest expense using an effective interest rate applied to the combined balance of the notes. 12 Senior Senior subordinated Series D subordinated second lien 14% Carrying value in preferred stock 9 114% notes notes excess of principal 18% $ 140,000 $ - - - - -- $ - - -- -- $ - - - - -- (91,123) 59,285 16,838 35,000 - - - -- - - - -- - - - -- 5,000 - - - -- - ----- - - --- 7,224 - - - -- - - - - -- (2,657) -- -- 2,323 - -- -- - - - -- $ 48,877 $ 61;608 $ 14,181 $ 47,224 The exchange offer and recapitalization were accounted for as a "modification of terms" type of troubled debt restructuring as prescribed by FASB Statement No. 15, Accounting by Debtors and Creditors for Troubled Debt Restructurings ( "FAS I5'). Under FAS 15, an effective reduction in principal or accrued interest does not result in the debtor recording a gain as long as the future contractual payments (principal and interest combined) under the restructured debt or redeemable preferred stock issued (including dividends), are more than the carrying amount of the debt before the restructuring. In those circumstances, the carrying amount of the original debt or investment is not adjusted, and the effects of any changes are reflected in future periods as a reduction in interest expense. The effective interest rate is the discount rate that equates the present value of the future cash payments specified by the new terms with the unadjusted carrying amount of the debt. In addition, under FAS 15, when a debtor issues a redeemable equity interest in partial satisfaction of debt in conjunction with a modification of terms, the redeemable equity interest is treated similar to debt. Legal fees and other direct costs incurred by a debtor to effect a troubled debt restructuring are expensed as incurred, except for amounts incurred directly in granting an equity interest, if any. The accounting for this exchange under FAS 15 was as follows: • No gain was recognized by the Company for the excess of (a) the principal of the 14% notes exchanged for the 9 1/4% notes, over (b) the principal of the 9 1/4% notes. • The excess, Carrying Value in Excess of Principal, remains part of the carrying value of the Company's debt, and is being amortized as a reduction to future interest expense using an effective interest rate applied to the combined balance of the notes. 12 Consolidated joint ventures have entered into four agreements for stand - alone development projects providing nonrecourse funding. These joint venture debentures are collateralized by the specific contracts that were funded and approximate the net book value of the related assets. The Company has entered into various financing agreements, which were used for the purchase of equipment. The Company paid cash interest of $ 16,656, $17,121 and $17,379 in 2002, 2001, and 2000, respectively. The aggregate maturities of borrowings outstanding at December 31, 2002 are as follows: 2003 2004 2005 2006 2007 2008 and thereafter Carrying value in excess of principal related to the debt recapitalization The amounts include paid -in -kind interest and the 5% premium on the 14% notes as defined in the indenture. Note E. Income Taxes $ 3,253 33,724 1,763 62,715 143 50,394 151,992 14,181 $ 166,173 For 2000, the Company was included in the Consolidated Federal Income Tax Return of Holberg. For 2001 and through January 11, 2002, the Company was included in the Consolidated Federal Income Tax Return of AP Holdings. In connection with the debt restructuring on January 11, 2002, the Company deconsolidated from AP Holdings and will file its own separate Consolidated Federal Income Tax Return from January 12, 2002 through December 31, 2002. Certain of the Company's operating loss carryforwards were used in the consolidated return of AP Holding in 2002. The Company's income tax provision is determined on this separate return basis. Income tax expense consists of foreign, state, and local taxes. At December 31, 2002, the Company has net operating loss carry forwards of $67,691 for federal income tax purposes that expire in years 2018 through 2021. A reconciliation of the Company's reported income tax expense to the amount computed by multiplying loss before income taxes by the effective federal income tax rate is as follows: Statutory benefit Permanent differences State taxes, net of federal benefit Effect of foreign tax rates Change in valuation allowance Income tax expense Income tax expense consists of the following: Current: Foreign State Income tax expense 13 2002 2001 2000 $ (1,155) $ (11,916) $ (3,904) 86 1,481 412 129 123 172 (44) (54) (39) (984) (10,366) (3,359) 1,412 10,772 3,862 $ 428 $ 406 $ 503 2002 2001 2000 $ 232 $ 219 $ 242 196 187 261 $ 428 $ 406 $ 503 Deferred income taxes reflect the net effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amount used for income tax purposes. Significant components of the Company's deferred tax assets (liabilities) as of December 31, 2002 and 2001 are as follows: Net operating loss carry forwards Accrued compensation Restructuring reserves Other, net Book overtax depreciation and amortization Net deferred tax assets before valuation allowance Less: valuation allowance for deferred tax assets 2002 2001 $ 26,400 $ 30,813 2,386 2,403 2,157 8,519 1,296 1,011 32,239 42,746 (4,437) (1,857) 27,802 40,889 (27,802) (40,889) Net deferred tax assets $ $ J — For financial reporting purposes, a valuation allowance for net deferred tax assets will continue to be recorded until realization of such assets is more likely than not. Taxes paid,which are to certain states and foreign jurisdictions, were $546, $741 and $320 in 2002, 2001 and 2000, respectively. Note F. Benefit Plans The Company offers deferred compensation arrangements for certain key executives and sponsors an employees' savings and retirement plan in which certain employees are eligible to participate. Subject to their continued employment by the Company, employees offered supplemental pension arrangements will receive a defined monthly benefit upon attaining age 65. At December ,31, 2002 and 2001, the Company has accrued $2,417 and $2,178, respectively, representing the present value of the future benefit payments. Participants in the savings and retirement plan may elect to contribute a portion of their compensation to the plan. The Company, contributes an amount in cash or other property as required by the plan. Expenses related to these plans amounted to $872, $872, and $985 in 2002, 2001 and 2000, respectively. The Company also contributes to two multi - employer defined contribution and nine multi - employer defined benefit plans which cover certain union employees. Expenses related to these plans were $1,119, $997 and $583 in 2002, 2001 and 2000, respectively. Note G. Leases and Contingencies The Company operates parking facilities under operating leases expiring on various dates, generally prior to 2015. Certain of the leases contain options to renew at the Company's discretion. At December 31, 2002, the Company was committed to install certain capital improvements at leased facilities in future years, at an estimated cost of $118. Future annual rent expense is not determinable due to the application of percentage factors based on revenues. At December 31, 2002, the Company's minimum rental commitments, excluding contingent rent provisions under all non - cancelable leases with remaining terms of more than one year, are as follows: 2003 2004 2005 2006 2007 2008 and thereafter $ 20,594 15,788 11,160 9,603 9,023 28,022 $ 94,190 Rent expense, including contingent rents, was $96,682, $108,823 and $124,900 in 2002, 2001 and 2000, respectively Contingent rent expense was $76,088, $81,467 and $100,258 in 2002, 2001 and 2000, respectively. In the normal course of business, the Company is involved in disputes, generally regarding the terms of lease agreements. In the opinion of management, the outcome of these disputes and litigation will not have a material adverse effect on the consolidated financial position or operating results of the Company. 14 Note H. Redeemable Preferred Stock In connection with the Standard acquisition on March 30, 1998, the Company received $40,683 from AP Holdings in exchange for $70,000 face amount of 11' /a% Redeemable Preferred Stock (the "Series C preferred stock "). Cumulative preferred dividends are payable semi - annually at the rate of 11 %4 %. Any semi - annual dividend not declared or paid in cash automatically increases the liquidation preference of the stock by the amount of the unpaid dividend. The Company is required to redeem the stock no later than March 2008. The Series C preferred stock has a maturity date of March 2008 and has an initial liquidation preference equal to $1,000,000 per share or $40.7 million in the aggregate. The Series C Preferred stock accrues dividends on a cumulative basis at 11'/4% per year. At December 31, 2002, dividends in arrears were $27.0 million with a per share valuation of $1,696,208. Conversion may be fixed by resolution of the Board of Directors and the shares have no voting rights except as to alterations or changes that may adversely affect the holders of the Series C Preferred stock. In January 2002, the Company redeemed $1.5 million and $0.1 million the Series C preferred stock held by AP Holdings in two separate transactions for cash of $1.6 million. On June 17, 2002, the Company redeemed an additional $0.9 million of Series C preferred stock held by AP Holdings for $0.9 million in cash. The proceeds received by AT Holdings were used by it to repurchase, directly or indirectly, its outstanding 11'/4 % senior discount notes. Beginning balance Redemptions Swap series C for D Accumulated dividends Ending balance (1,6259) (5.8373) 33.2194 For the year ended December V ague $ 61,330 (2,500) (8,800) 6,317 $ 56,347' 40.6826 Value $ 54,976 6,354 $ 61,330 On January 11, 2002, the Company, in connection with our recapitalization, issued 3,500 shares of the 18% Senior Convertible Redeemable Series D Preferred Stock (the "Series D Preferred') to Fiducia, Ltd. which has a maturity date as of June 2008 and has an initial liquidation preference equal to $10,000 per share or $35.0 million in the aggregate. The Series D Preferred stock accrues dividends on a cumulative basis at 18% per year. At December 31, 2002, dividends in arrears were $7.2 million with a per share valuation of $10,000. Conversion is upon occurrence of an IPO at a rate related to the IPO price and the shares have no voting rights except as to creation of any class or series of shares ranking senior to the Series D preferred stock. The number of shares of Series D preferred stock authorized for issuance is 17,500; On March 11, 2002 the Company exchanged with the parent company $8.8 million of Series C preferred stock for $5.0 million of Series D preferred stock. Balance at December 31, 2001 Issuance with exchange Swap of series C for D Dividends accumulated Balance at December 31, 2002 Note I. Contingency and Related Party Transactions Shares Issued Value (000's) 3,500.0 35,000 500.0 5,000 ----- -- 7,224 4,000.0 $ 47,224 The bankruptcy filing of AmeriServe Food Distribution, Inc. on January 31, 2000 was a default under certain debt instruments of Holberg, the former parent of AP Holdings. As a result of such defaults, the creditors of Holberg could have taken control of Holberg or AP Holdings, APCOA/Standard's parent. A change in control of Holberg or AP Holdings would also constitute a change in control of APCOA/Standard under APCOA/Standard's debt instrument and of AP Holdings under its bond indenture. On March 5, 2001, Holberg restructured certain of its debt and eliminated the defaults thereunder, thereby eliminating the possibility of a change of control of AP Holdings under its bond indenture or the possibility of a change in control of APCOA/Standard under the APCOA/Standard debt instruments as a result of such defaults. Due to the current financial situation of Holberg and AP Holdings, the Company recorded a $12.9 million bad debt provision related to related -party non- operating receivables for the year ended December 31, 2001. The 2001 bad debt provision for related -party non - operating receivables relates to advances to and deposits with affiliates that had previously been reclassified from a long -term asset to stockholders' deficit. This provision was made due to uncertainty regarding the ability of the affiliates to repay such amounts. In 2002, the Company paid $0.3 million in costs on behalf of AP Holdings which have been included in "Special Charges ". See Note C. In conjunction with the exchange, the Company paid AP Holdings a $3.0 million transaction advisory fee. Pursuant to the management agreement with AP Holdings, the Company recorded $3.0 million of management fees for the year ended December 31, 2002, of which $1.25 million has been paid through March 7, 2003. 15 On December 31, 2000, the Company entered into an agreement to sell; at fair market value, certain contract assets to D & E Parking, Inc. ( "D & E "), a California corporation, in which certain officers of the Company have an interest. The Company recorded a gain of $1 million from this transaction in 2000. The Company will continue to operate the parking facilities and receive management fees and reimbursement for support services in connection with the operation of the parking facilities. The Company has entered into various management contracts and related arrangements with affiliates to manage properties in which certain executives have an interest. The Company estimates that management fees it receives are no less favorable than would normally be obtained through arms - length negotiations. Note J. Subsidiary Guarantors All of the Company's direct or indirect wholly owned active domestic subsidiaries, including, fully, unconditionally, jointly-and severally guarantee the Senior Subordinated Notes discussed in Note D. Separate financial statements of the guarantor subsidiaries are not separately presented because, in the opinion of management, such financial statements are not material to investors. The non - guarantor subsidiaries include joint ventures, wholly owned subsidiaries of the Company organized under the laws of foreign jurisdictions and inactive subsidiaries, all of which are included in the consolidated financial statements. The following is summarized combining financial information for APCOA/Standard, the guarantor subsidiaries of the Company and the non- guarantor subsidiaries of the Company: APCOA/ Guarantor Non- Guarantor Standard Subsidiaries Subsidiaries Elimination Total 2002 Balance Sheet Data: Cash and cash equivalents $ 3,933 $ 1,428 $ 792 $ - $ 6,153 Notes and accounts receivable 16,138 12,821 3,712 - 32,671 Current assets 21,711 14,289 4,445 - 40,445 Leaseholds and equipment, net 12,387 4,458 3,065 - 19,910 Goodwill 23,651 89,031 3,262 - 115,944 Investment in subsidiaries 96,018 - - (96,018) - Total assets 164,732 111,233 11,003 (96,018) 190,950 Accounts payable 16,851 5,505 2,047 - 24,403 Current liabilities 36,286 8,323 4,979 - 49,588 Long -term borrowings, excludingcurrent portion 159,700 346 2,874 - 162,920 Redeemable preferred stock, series D 47,224 - - - 47,224 Redeemable preferred stock, series C 56,347 - - - 56,347 Common stock subject to put/callrights 9,470 - - - 9,470 Total common stockholders' (deficit) equity (154,203) 100,105 2,556 (96,018) (147,560; Total liabilities,and common stockhoiders'equity (deficit) 164,732 111,233 11,003 (96,018) 190,950 Income Statement Data: Parking services revenue $ 454,671 $ 71,244 $ 20,636 $ - $ 546,551 Cost of parking services 417,332 55,843 17,043 - 490,218 General and administrative 4,032 25,839 262 - 30,133 Special charges 2,831 - 66 - 2,897 Depreciation and amortization 4,528 1,868 1,158 - 7,554 Management fee- parent company 3,000 - - - 3,000 Operating income (loss) 22,948 (12,306) 2,107 - 12,749 Interest expense (income), net 15,660 (19) 324 - 15,965 Equity in earnings of subsidiaries (11,321) - - 11,321 - Net {loss) income (3,824) (12,287) 966 11,321 (3,824; Cash Flows Data: Net cash provided by (used in) operating activities $ 542 $ 3,437 $ (294) $ - $ 3,685 Investing activities: Purchase of leaseholds and equipment (1,843) - - - (1,843: Purchase of leaseholds and equipment of joint venture - - (3) - (3; Contingent purchase payments (612) - - - (612: Financing activities: Proceeds from long -term borrowings 3,000 - - - 3,000 Payments on long -term borrowings (394) - - - (394 - Payments on joint venture borrowings (882) - - - (881 Payments on debt issuance costs (159) - - - (159' Payments on capital leases (1,900) - - - (1,900: Redemption of preferred stock (2,500) - - - (2,500' Net cash used in financing activities (2,835) - - - (2,835: Effect of exchange rate changes 159 - - - 159 16 2001 Balance Sheet Data: Cash and cash equivalents $ 8,522 $ (2,009) $ 1,089 $ - $ 7,602 Notes and accounts receivable 30,568 5,767 3,941 - 40,276 Current assets 40,105 3,822 5,145 - 49,072 Leaseholds and equipment, net 10,377 5,141 3,065 - 18,583 Goodwill 23,492 88,618 3,222 - 115,332 Investment in subsidiaries 92,335 - - (92,335) - Total assets 170,906 101,771 11,892 (92,335) 192,234 Accounts payable 25,238 6,865 2,517 - 34,620 Current liabilities 55,706 7,769 5,753 - 69,228 Long -term borrowings, excluding current portion 171,127 - 2,576 - 173,703 Redeemable preferred stock, series C 61,330 - - - 61,330 Common stock subject to put/call rights 8,500 - - - 8,500 Total common, stockholders' (deficit) equity (136,054) 93,034 2,170 (92,335) (133,185; Total liabilities and common stockholders'equity (deficit) 170,906 101,771 11,892 (92,335) 192,234 Income Statement Data: Parking services revenue $ 457,945 $ 82,586 $ 21,256 - $ 561,787 Cost of parking services 420,026 67,529 17,245 - 504,800 Special charges 15,869 - - - 15,869 Depreciation and amortization 8,683 5,058 1,760 - 15,501 Operating income (loss) 9,356 (15,708) 1,990 - (4,362' Interest expense (income), net 17,192 (51) 458 - 17,599 Equity in earnings of subsidiaries (15,004) - - 15,004 - Net (loss) income (35,454) (15,657) 653 15,004 (35,454: Cash Flows Data: Net cash provided by (used in)operating activities $ 14,423 $ (2,039) $ (2,957) $ - $ 9,427 Investing activities: Purchase of leaseholds and equipment (1,491) (46) - - (1,537 Purchase of leaseholds and equipment by joint venture - - (10) - (10: Contingent purchase payments (533) - - - (533 Net cash used in investing activities (1,491) (46) (10) - (1,547; Financing activities: Proceeds from long -term borrowings 1,650 - - - 1,650 Payments on long -term borrowings (975) - - - (975 Payments on joint venture borrowings (1,687) - - - (1,687 Payments on debt issuance costs (1,735) - - - (1,735: Payments on capital leases (108) - - - (108 Net cash used in financing activities (2,855) - - - (2,855, Effect of exchange rate changes (429) - - - (429; 2000 Balance Sheet Data; Cash and cash'',equivalents $ (593) $ 76 $ 4,056 $ - $ 3,539 Notes and accounts receivable 50,972 (7,529) 3,383 - 46,826 Current assets, 50,792 (6,264) 7,612 - 52,140 Leaseholds and equipment, net 15,693 7,395 5,404 - 28,492 Goodwill 19,062 90,673 3,558 - 113,293 Investment in subsidiaries 93,211 - - (93,211) - Total assets 187,446 96,818 17,288 (93,211) 208,341 Accountspayable 21,744 10,172 3,163 - 35,079 Current liabilities 46,328 8,938 8,815 - 64,081 Long -term borrowings, excludingcurrent portion 169,305 175 4,110 - 173,590 Redeemable preferred stock, series C 54,976 - - - 54,976 Common stock subject to put/call rights 6,304 - - - 6,304 Total common stockholders' (deficit) equity (94,942) 83,504 3,918 (93,211) (100,731: Total' liabilities and common stockholders' equity (deficit) 187,446 96,818 17,288 (93,211) 208,341 Income Statement Data: Parking services revenue $ 437,144 $ 92,336 $ 31,593 $ - $ 561,073 Cost of parking services 401,063 74,574 25,299 - 500,936 Special charges 4,636 - - - 4,636 Depreciation and amortization 6,249 5,155 1,231 - 12,635 Operating income (loss) 20,975 (18,970) 4,740 - 6,745 Interest expense (income), net 16,858 (84) 608 - 17,382 Equity in earnings of subsidiaries (15,243) - - 15,243 - 17 Net (loss) income Cash Flows Data: Net cash (used in) provided by operating activities Investing activities: Purchase of leaseholds and equipment Purchase of leaseholds and equipment by joint venture Contingent purchase payments Net cash used in investing activities Financing activities: Proceeds from long -term borrowings Payments on long -term borrowings Payments on joint venture borrowings Payments on debt issuance costs Payments on capital leases Net cash provided by financing activities Effect of exchange rate change Note K. Legal Proceedings (11,481) (18,887) 3,644 15,243 (11,481: $ (4,671) $ (1,471) $ 3,586 — $ (2,556; (4,268) (416) — — (4,684; — — (213) — (213: (661) — — — (661: (4,268) (416) (213) — (4,897; 8,850 — — - 8,850 (493) — — — (493: (736) — — — (736; (286) — — — (286: (95) — — - (95: 7,240 — — — 7,240 (802) — — — (802; The Company is subject to various claims and legal proceedings which consist principally of lease and contract disputes and includes litigation with The County of Wayne relating to the management of parking facilities at the Detroit Metropolitan Airport. These claims and legal proceedings are considered routine, and incidental to the Company's business, and in the opinion of management, the ultimate liability with respect to these proceedings and claims will not materially affect the financial position, operations, or liquidity of the Company. On October 25, 2002, the Company filed an Application for Temporary Injunction and verified Complaint in the Superior Court for the Judicial District of Hartford in Hartford, Connecticut against James F. Byrnes, Jr., acting Commissioner of Transportation for the State of Connecticut and First Union National Bank, in its capacity as trustee for the holders of the special facility bonds used to finance the garage. The action seeks judicial interpretation of the Company's contractual obligations in the operations of the parking facilities at the Bradley International Airport in Windsor Locks, Connecticut, pursuant to the 25 -year lease the Company entered into with the State. The Company has specifically requested the court for a judgment and permanent injunction prohibiting the State from attempting to recover the costs associated' with anti - terrorism parking measures at the airport, diverting a capitalized interest account to pay for airport improvements and diverting airport parking receipts to pay for capital improvements and surface parking and garage security costs. The case was transferred to the Housing Division on November 14, 2002. Together with the State of Connecticut, the Company requested an expedited hearing on the declaratory judgment aspect of the case. The court held its hearing on the matter on January 31, 2003 andl the parties are awaiting the court's decision. The amount in controversy with the State and the subject of the declaratory judgment action is $0.7 million, consisting of $0,3 million representing the diversion of funds by the State from the capitalized interest bond account for post garage completion airport improvements and $0.4 million for garage security costs. As of December 31, 2002, we classified the discounted net receivable for this contract in the amount of $3.8 million which includes deficiency payments of $1.2 million, to a Iong -term receivable and is included in other assets. 18 Note L. Quarterly Results (Unaudited) The following tables contain selected unaudited Statement of Operations information for each quarter of 2002, 2001 and 2000. The Company believes that the following information reflects all normal recurring adjustments necessary for a fair presentation of the information for the periods presented. The operating results for any quarter are not necessarily indicative of results for any future period. Year Ended December 31, 2002 Fourth Third Second First Quarter :Quarter Quarter Quarter Revenue $ 53,461 $ 54,963 $ 56,765 $ 55,216 Reimbursement of Management Contract Expense 53,879 101,936 88,552 81,779 Total Revenue 107,340 156,899 145,317 136,995 Gross Profit 15,765 14,273 13,567 12,728 Net income (Loss) 89 (422) (2!,116) (1,375) Year Ended December 31 2001 Fourth Third Second First Quarter Quarter Quarter Quarter Revenue $ 60,787 $ 58,790 $ 62,557 $ 61,680 Reimbursement of Management Contract Expense 47,223 96,392 87,145 87,213 Total Revenue 108,010 155,182 149,702 148,893 Gross Profit 15,348 13,174 14,426 14,039 Net Loss (26,933) (5,528) (1,179) (1,814) Year Ended December 31, 2000 Fourth Third Second First Quarter Quarter Quarter Quarter Revenue $ 64,207 $ 63,117 $ 62,067 $ 63,091 Reimbursement of Management Contract Expense 80,236 77,385 77,827 73,143 Total Revenue 144,443 140,502 139,894 136,234 Gross Profit 15,461 15,137 15,376 14,163 Net Loss (6,060) (2,311) (1,199) (1,911) Note M. Capital Leases Property under capital leases included within equipment is as follows: December 31, 2002` 2001 Service vehicles $ 5,651 $ Computer equipment 897 728 Parking equipment 674 - 7,222 728 Less: Accumulated depreciation 1;762 - $ 5,460 $ 728 Future minimum lease payments under capital leases at December 31, 2002, together with the present value of the minimum lease payments are as follows: 2003 2004 2005 2006 2007 Total minimum payments Less: Amounts representing interest Present value of minimum payments Less: Current portion Total long -term portion 19 $ 2,699 1,626 1,148 352 47 5,872 448 5,424 2,493 $ 2,931 Note N. Stock Option Plan The 2001 Option Plan (the "2001 Option Plan"), which authorizes the issuance of the Company's 18% Senior Convertible Redeemable Series D Preferred Stock, is intended to further the Company's success by increasing the ownership of certain executives, employees, directors in, and consultants to the Company and to enhance the Company's ability to attract and retain executives, employees, directors and consultants. The chairman of the Company's board of directors administers the 2001 Option Plan, selects eligible executives, employees, directors and/or consultants to receive options, determines the number of shares of preferred stock covered byoptions, determines the exercise price of an option, the terms under which options may be exercised, but in no event may such options be exercised later than 10 years from the grant date of an option, and the other terms and conditions of options in accordance with the provisions of the 2001 Option Plan. If the Company undergoes a change in control, completes an initial public offering of the Company's common stock, or an optional redemption as such terms defined in the 2001 Option Plan, all outstanding options will immediately become fully vested and exercisable. hr the event of a change of control, the chairman of the board of directors may adjust outstanding options by substituting stock or other securities of any successor or another party to the change in control transaction, generally based on the consideration received by the Company's shareholders in the transaction. Subject to particular limitations specified in the 2001 Option Plan, the Company's board of directors may amend or terminate the 2001 Option Plan. The 2001 Option Plan will terminate no later than 10 years from the effective date of the 2001 Option Plan. Shares of 18% Senior Convertible Redeemable Series D Preferred Stock authorized for the 2001 option plan totaled 1,000 of which 496.14 are available for future option grants. The following summarizes information about stock option transactions: Shares Exercise price per share Outstanding at December 31, 2001 — $ — Options granted 503.86 5,600.00 Outstanding at December 31, 2002 503.86 $ 5,600.00 pill ATTACMUNT 5 SWORN STATEMENT PURSUANT To SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADA41NISTER OATHS. 1. This sworn statement is submitted to City- of South Miami by: - Standard Parki nq eninnrAtinn (Print name of the Public Entity) for Franklin Tarn — �c--,gianal anAger (Print Individual's Name and Title) Standard Parking Corporatinn (Print name of entity submitting sworn statement) whose business address is: 900 North Mi Cbi rran Avanney Slurp 1 600 C?hi ragny IL 6n6_11 (rnrT nrai-P nfficA) and (if applicable) its Federal Employer identification Number (FEIN) is _ 16-117 179 (If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement.) I 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion,, racketeering, conspiracy, or material misrepresentation. i 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes,_ means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charge brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: I . A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an aim's length agreement, shall be a prima facie' case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (1) (e) Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contrasts for the provision of goods` or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Page 15 of 16 i< Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement (Indicate which statement applies). Neither the entity submitting this sworn 'statement, or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida; Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted pmposer list (Attach ,a copy of the Final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDEN'IMED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I .AM REQUIRED TO INFORM' THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this C day of (, l-ru t 2- oe) ,20 Personally known Or aced identificati No Pub}iStat df'��"ti,� . My Commission expires ARYsan Feamr y (Type of Identification] 4 My Gommissian DD 130400 �x�res -suty n�. Fors (Printed, typed, or stamped commissioned name of notary public) Page 16 of 16 \�\ � \ \ \\ \\ \� � «\ \d » \<\ � §\ ..e. . . . L .. , �.. � . . ,. . . .. . . . . , , , .. . , . . . , . .� .. .. . . . . , , . . , , . , , , , � .. � .. . I ATTACHI►M 6 g DISABILITY NON-DISCR 1.NGNAT ON STATEMENT i THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF ANOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. s This sworn statement is submitted to City of South Miami by Franklin Laso - Regional Manager (print individual's name and title) for Standard Parking Cc)r_pnrai-Jnn (print name of entity su witting swom statement) whose business address is: 9,00 Nc)rth 'Mi c- hicfan_' vc-nup -, Suit e 160 Chicago, IL 60611 (C'.orpora to Office) and (if applicable) its Federal Employer Identification Number (FEIN) is 16- 1171.17 (If the entity has no FEIN, include Social Security Number of the individual signing this sworn statement,) I, being duly first sworn state that the above named firm corporation or organization is in compliance with and agrees to continue to comply with, and assure that any Sub-Contractor, or third party contractor under this project complies with all applicable requirements of the taws listed below including, but not limited to those provisions pertaining to , employment, provision of programs and sen ices, transportation, communications, access to facilities, renovations, and new construction The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101- 336,104 Stan 327, 42 U.S.C. 1210112213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title III, Public Services; Title 1% Public Accommodations and Services Operated by Private Entities; TitleI`V, Telecommunications; and Title Y, Miscellaneous Provisions. The Florida Americans with Disabilities Accessibility Irnplementation Act of 1993, Sections 5553.501 - 553.513, Florida Statutes. The Rehabilitation Act of 1973,29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Mousing Act as amended 42 U.S.C. Section 3601 -3631 i Sworn to and subscribed before me this day of 9u Personally known 7 Produced identifica ' No PublX-itdate'f f °�- Mysen Feanny (Type ofIdentification) My Commission expires 4 My C6mmission M30400 OF ExPices 4WY 01, 2006 (Printed, typed, or stamped commissioned name of notary public) Page 17 of 16 ,. , i II Comparison of Benefits provided to the City of South Miami by the different Parking Proposers Benef& AAA Current Contract --Aa-n&rdAarking Evaluation Management Fee $194,000.00 $188,000.00 Standard Enhanced revenues by new parking No Yes Standard meter software Enhanced revenues by Boo BmLmg Program No Yes Standard Palm Computer to download No Yes Standard information from Meters to offer checks and balances Safety Equipped Vehicles for No Yes Standard Collections On Site Manager Yes Yes Local infrastructure 300+ employees Standard Future Professional Parking Consulting No Yes Standard to City of South Miami Size of Com Local National Standard Amount of Parking Meter collecting' 750 CSM + others 8,600 Standard locall Amount of annual parking meter` $701,743.25 City of South Miami $8,000,000.00 +- Standard revenues collecting + others locall Local Presence Yes Yes Standard Ability of Service Provider Yes Yes Experience Managing Parking No Yes Standard Structures & Lots Insurance $1,000,000 $50,000;000 Standard Unbrella 31 J ,� �� Financial Integrity: Independent Internal Facility Audits Unlike many parking management companies, Standard Panting maintains an independent Internal Audit Department, reporting directly to the company's Chief Financial Officer. This direct and < independent reporting line ensures the integrity and objectivity of facility audits by eliminating potential conflicts of interest inherent in audits conducted within the operations function itself. All required internal audits are administered under the supervision of the Director of Internal Audit. Our audits are multi - faceted: ➢ Self -Audit Standard Parking requires all staffed locations to be self- audited once a year by field managers. A formal Survey of Operations Report is completed by the facility manager and retained for reference at each facility. A subsequent formal internal audit by our Internal Audit Department includes a review of this Survey for completeness and consistency with current operations. ➢ Unannounced Audit Department Audits Our Internal Audit Department staff conducts regular internal audits of our facilities. They may be ' performed either on a scheduled —but unannounced —basis or at the specific request of senior management. These audits cover a broad spectrum of operations including revenue controls; accounts payable, payroll procedures, accounts receivable, cash security, public and employee safety, customer service and facility appearance. For larger, new projects, "start-up" audits are performed within the first month of operation. The results of unannounced field audits are shared as a matter of policy with the property owners. After visiting the site and preparing its specific audit report, complete with ratings and recommendations, our Internal Audit Department staff reviews the report with our regional and senior, managers, who must formally respond to the reports and agree upon firm implementation dates for any recommendations the audit report may contain. Our audit team later will verify implementation of all such recommendations. Final reports are submitted to senior management and placed in the company's audit database. This independent and thorough internal auditing process assures our clients of optimal facility performance and maximized parking revenues. Financial Reporting / Information Systems Client View Financial Reporting Client View"', our fully- secured Internet -based system, gives clients the flexibility and convenience to access and download monthly financials and detailed backup reports, including: Statement of Revenue and Expense 32 .. r� . � ,' *. ,. ,. , �-� ➢ Labor Analysis Report — Employee Name — Pay Date -- Hours Worked -- Total Earnings (regular and overtime) — Employer Payroll Taxes — Workers Compensation Cost ➢ Revenue Summary Report - Revenue Data by Day — All Revenue Types (transient, meter, monthly, validation, coupon, miscellaneous) — Sales Tax Data — Average Ticket Data — Tickets Issued - Tickets Collected — Weekly and Monthly Summaries ➢ General Journal Report (detail that supports Statement of Revenue and Expense) — General Ledger Reference - Vendor Reference — Invoice Number 13 Month Trend Analysis The system also provides line item drill down capability (general ledger detail, vendor reference and scanned image of invoices), rolling 24 -month historical data and the ability to convert reports to Microsoft Excel files. Financial Reports State -of -the art information systems allow Standard Parking to supply all the information you need to stay on top of facility performance. We can provide standard monthly reports, formatted to meet clients' needs, coverings Budgets by month, quarter and year. Monthly P & L reporting vs. budget by month, quarter and year. Revenue detail reporting. Payroll, overtime, benefit detail reporting. ➢ Insurance claim analysis reporting. ➢ Monthly ledger detail reporting. ➢ Invoice copies. ➢ On -line inquiry between corporate and local offices. Samples of these reports appear at the end of this division. 33 ,, ,� _; '� '� �� 1 �� ,; I ,, ;� I 1 K Hiring and Pre - Employment Screening Standard Parking has a comprehensive pre - employment screening program in place to make sure that only the most qualified candidates are chosen for employment. Pre - employment screening is an effective risk management tool that promotes a safe and profitable workplace by helping to limit the uncertainty inherent in the hiring process. Our pre- screening techniques significantly reduce potential violence, theft, financial loss, sexual harassment and other workplace problems. Preliminary Pre- Interview Screening At the front -end of the process, Standard Parking often uses a professional telephone interviewing service to pre- screen candidates before they are invited in for formal interviews. Hiring managers are trained in how to narrow down the potential pool of applicants to qualified individuals, and how to thoroughly check employment and personal references. Background Checks and Assessments All candidates for employment, prior to receiving an employment offer, must successfully pass a criminal background check and a formal employee selection assessment. Depending on the preference of our client at any given location, candidates may also have to pass a pre - employment drug test. • Criminal Background Checks Standard Parking utilizes the services of American Background Information Services, Inc., to perform 'background checks (including criminal record searches, credit history and motor vehicle record searches) on all prospective entry-level and management candidates. Screening of all management - level candidates, including supervisors, specifically covers criminal records, credit violations, motor vehicle driving infractions (if the positions involve driving),' educational credentials and prior employment. Candidates for non- management positions that involve driving are screened for criminal and motor vehicle driving infractions. If the position does not involve driving, the candidate is screened'' for a'criminal record. • Employee Selection Assessments Reid London House provides selection assessments used by Standard Parking to evaluate candidates for employment. The basic test assesses the likelihood of job success at Standard Parking,,taking'into account work attitudes, behavioral traits, and prior work and educational experience. The assessment is a proven tool to help reduce employee turnover, absenteeism and theft. More extensive profiles are available for assessing customer service skills, math capabilities, and management potential. 34 • Pre - employment Drag Tests Pre - employment drug testing is required of all candidates for employment at all locations that Standard Parking leases. We administer similar drug screening tests at all managed locations in which the client requests that we do. Screening Reduces Turnover and Improves Customer Relations Our hiring and pre- screening process helps us retain qualified employees for the long- term, which, in addition to reducing turnover costs, gives our clients and parking customers the opportunity to establish the personal relationships and trust that facilitates a successful and profitable parking operation. Prior Operator Employee Retention In those cases where we assume management responsibility of an existing parking operation from another operator, we typically consult with the client and interview existing personnel in an attempt to retain those qualified employees who have an operating history at that particular facility. Out experience has been that replacing existing staff members -who often are quite knowledgeable about existing conditions and the personal idiosyncrasies of regular parkers --- merely for the sake of change often is unnecessary and, in fact, counterproductive since their retention usually enhances and facilitates a smooth transition. Thus, our preference is to retain qualified staff members when possible, and to focus instead on teaching them new techniques as necessary in the context of Standard Parking's performance standards and expectations. Employee Training Standard Parking's reputation for excellence in on -site management is built on a comprehensive, award - winning training system. The process identifies and develops the skills and behaviors required to enable all of our employees to perform up to our stringent expectations. No other parking company places as high a premium on customer service enhancement and its positive linkage to a professional, in -house training department. The excellence of our comprehensive training programs has been recognized by both the parking and training industries. We have been the recipient of five national awards, including two Telly awards, and :a national award for excellence by the National Association of industrial Office Properties (NA10P). The National Parking Association's Certified Parking Facility Manager (CPFM) program establishes an industry -wide standard of parking operational knowledge accepted by all parking management companies. Standard Parking leads the industry with the most CPFM managers of any parking company in the United States. Tapping the Internet as a training resource, Standard Parking also has an in- house, Web -based training system—Standard University's —to supplement formal classroom and frontline training Most importantly, Standard Parking recognizes that every location has unique, individual requirements for defining and carrying out operational excellence. To that end, we always consult with our clients to ensure that all operational expectations and location - specific needs are identified and addressed in the development of our training solutions. Frontline Training, Right from the Start Training of new Standard Parking frontline employees —= cashiers, valet attendants, maintenance workers and shuttle bus drivers begins on the day of hire with an orientation session that, in addition to formally introducing the company to the employee, sets out the specific technical and customer service training programs the employee will be required to attend. Orientation is promptly followed by technical skills training, which provides employees with the mentored, on- the-job learning experience needed to begin contributing to facility performance right from the start. Mastering the Three Keys to Customer Satisfaction Within the first three months of employment comes the enhancement of customer service skills through our targeted Three Keys to Customer Satisfaction classroom -based training program. Our reputation for outstanding customer service has been built on these formal training sessions that emphasize facility and employee appearance, constructive' customer relations and positive resolution of customer inquiries and concerns. ➢ Key #1- First' Impressions: ,Facility and Employee Appearance. Employees learn the importance —both for themselves and the parking facility —of maintaining a well - groomed appearance. As the company's classroom trainers point out, in just ten seconds a typical customer forms eleven distinct impressions about Standard Parking and the service to be received. Key #2-- Successful Customer Interactions, Nary a minute goes by without cashiers, valet attendants and bus 'drivers interacting in some way with parking customers. To make` sure these interactions always proceed smoothly, company trainers emphasize the importance of looking good, warmly greeting customers, communicating in a polite and professional manner, and saying good -bye with a sincere thank you. Key #3— Effectively Resolving Customer Issues. Some customers want information, some want solutions and some just want an ear' to bend. Training helps frontline employees to identify the issue and the appropriate approach to take. These sessions optimize learning through exercises that encourage interaction between participant and trainer. Reinforcing Customer Service: Strive for Excellence To reward positive customer service and operations standards, Standard Parking follows up its training with Strive for Excellence, a compilation of more than 40 distinct employee motivation and rewards initiatives that reinforce the skills learned during the training process. Some of these reward and recognition programs: 36 ➢ Frontline Jeopardy is a month -long game led by facility supervisors to encourage employee knowledge of operational and customer service policies and details. Employees who answer 12 questions correctly in a given month receive a prize, such as a gift certificate. ➢ Awesome Attendance rewards team efforts at being on the job every day for a month. Winning teams receive pizza parties and certificates of achievement. ➢ Beat the Clock helps reduce tardiness by rewarding employees who show up early for work each day. ➢ Looking Good gives every employee properly in full uniform for a week a playing card. At the end of the month, the employee with the best poker hand wins a gift certificate, although everyone gets a prize A A is for Accuracy recognizes cashiers who complete accurate daily revenue reports. ➢ I've Got the Drive showcases shuttle bus drivers and valet attendants who provide top - notch customer service and meet performance goals. Employees are also required to attend formal refresher training sessions to "brush -up" on their customer service skills. These sessions cover topics' such as customer relations, creating first impressions and organizing workstations.' Customer Service Coordinators To ensure that training objectives are met at each Standard Parking location, the company designates an operations manager or other administrative employee to be a Customer Service Coordinator for a group of locations. Working in partnership with the training department, the Coordinator launches and implements new training programs, establishes the training system at new locations, manages the Strive for Excellence Program and measures the results of these programs for continuous improvement. The Coordinator is responsible for aligning company standards with the specific needs of clients and locations. Standard University" -- Customized, On -lime Training Materials We have found that the wide array of management skills that we require —from technical skills such as accounting procedures and computer efficiency to management skills such as employee development, customer service proficiency and the ability to successfully' delegate and supervise others necessitates the use of several training methodologies. Standard Parking uses video - based classroom sessions, self - directed' learning packages and computer -based training` programs to form a comprehensive,' effective program providing management employees with the tools they need to successfully manage parking facilities up to our exacting standards. Utilizing the power of the Internet to effectively combine and leverage these training activities, Standard Parking has developed an in- house, Web- based` training system -- Standard University's -to provide every manager with the knowledge and skills needed to successfully perform specific job responsibilities. 37 From a secure company Web site, each manager's supervisor downloads Standard Universioym content to create a customized training plan for that manager. Each module of selected information contains corporate policies, instructions and exercises that blend learning theory with practical, on-the-job applications. The supervisor evaluates the manager's work product to ensure that the participant has mastered the content and identified location - specific requirements. The Web site also ` houses related materials to support continuing education and career development. Our corporate training department downloads status information from the Web site to assist management in assessing the training progress of individual employees. Specific Training Plans for Managers Facility Managers New facility managers participate in an independent training program that includes a workbook and a supplemental video that emphasize the development of leadership skills; keys to recruiting, interviewing, hiring and training skilled employees; understanding the disciplinary process; and meeting our demanding customer service standards. In addition, we provide our facility managers with several local resources to augment and complete their training. Each facility manager receives a computer -based training program that guides the manager through the company's on -line information computer database system. This computer -based training itself is then supplemented with a job and accounting guide. To complete the facility manager's training, each manager is required to complete and obtain the National Parking Association's Certified Parking Facility Manager (CPFM) certification program, guaranteeing that the new manager has achieved the fundamental operational knowledge necessary to properly manage our parking facilities. Senior Managers Our senior managers participate in a similar self - directed training program that focuses on supervisory skills as well as planning, organization, delegation and motivation. The training program design also allows managers to practice their new skills while on the job. This i supervisory skills development package is complemented with an orientation at our corporate headquarters, where each senior manager spends time enhancing his or her skills in the fields of hiring and payroll processing, revenue control and auditing procedures, profit and loss statement analysis, budget forecasting, and marketing for maximum profitability. Just as with our facility managers, our senior managers --all of whom have completed the National Parking Association's CPFM program -- complete a computer- based training program to ensure that they are adept at utilizing our on -line information computer database' system to perform a wide range of revenue and location management functions. Monitoring Employee Performance We augment our training program with a multi- faceted monitoring system designed to ensure satisfactory on- the -job performance. 38 ➢ Training Compliance. To guard against any new employees "slipping through the cracks,,, our corporate training department monitors compliance reports to verify that each new employee has participated in the appropriate training programs. ➢ In-house Auditing. Our in-house auditing team, as well as our corporate training department, visit locations on an annual basis to evaluate employee performance in technical as well as customer service proficiency. > Senior Manager Audits. Senior managers supplement our in-house audits by performing their own regional audits three times a year. ➢ Customer Surveys Customer surveys are routinely and randomly conducted so that our parkers can provide, direct feedback and observations regarding the quality of our employees. First-Class Training = First-Class Customer Service Frontline employees, through their professional appearance and provision of services, are the people mot t responsible for meeting customer service goals. Client satisfaction depends on exemplary service provided everyday by cashiers, valets, shuttle bus drivers and maintenance employees. Standard Parking leads the industry in all the benchmarks of customer satisfaction due to the strength of its multi-fitceted training programs and the company's commitment to training. 39 Employee Appearance and Uniforms Standard Parking requires all of its employees to be neatly uniformed and well -groomed at all times. Experience has demonstrated that proper attire and grooming enhance employee performance as well as sheer appearance. Our customary uniform consists of a white shirt with 'a black tie, black blazer, black slacks and black, well- shined shoes. We do, however, frequently work with our clients to create uniforms that are specifically designed and tailored to be consistent with a property's distinctive logo, colors and design scheme. The brochure that follows reflects the wide range of professional attire we provide for our cashiers, valets and managers. 40 M,; �,;E Insurance Insurance Coverage Given the extensive number of parking facilities that we operate in the United States, Standard Parking obtains broad insurance coverage with liberal limits at reasonable rates. Our coverage is as follows: Worker's Compensation insurance in compliance with the state's Worker's Compensation Act. Employer's liability insurance on all employees for the premises not covered by the Worker's Compensation Act, for occupational accidents or disease, for limits of not less than $100,000 for any one occurrence, or whatever is necessary to satisfy the requirements of the umbrella liability insurance specified below. Garage liability insurance on an occurrence form basis with limits of not less than $1,000,000 per occurrence with an annual aggregate limit of $2,000,000 per location. Garage keeper's legal liability insurance (if applicable) insuring any and all automobiles that are parked at the premises by the operator's attendants or for which a bailment otherwise is created, with limits of liability not less than $1,000,000 per occurrence. Comprehensive crime insurance including employee theft, premise, transit and depositor's forgery coverage, with limits of liability as to any given occurrence of $50,000 for monies and securities inside and outside the premises, and $1,000,000 on account of any employee dishonesty. Umbrella liability insurance, in excess following form, with an annual aggregate limit of not less than $50,000,000. 42 � }� �` N I" Standard Parking° Office Building Parking Representative Property List June 2003 Allen Center Houston, Texas 5,700 Spaces AT &T Corporate Center Chicago, = Illinois 328 Spaces Bank One Phoenix, Arizona 1,950 Spaces BCE Place Toronto, Canada 1,465 Spaces BP Tower Cleveland, Ohio 760 Spaces Century City North Los Angeles, California 1,764 Spaces Copley Place Boston, Massachusetts 830 Spaces Cullen Center Houston, Texas 6,000 Spaces 1801 Pennsylvania Ave. Washington, D.C. 199 Spaces Garage at P.O. Square Boston, Massachusetts 1,400 Spaces Grecnway, Plaza Houston, Texas 13,000 Spaces 43 Houston Center Houston, Texas 5,500 Spaces Key Tower Cleveland, Ohio 1,185 Spaces 900 N. Michigan Avenue Chicago, Illinois 1,470 Spaces Providence Place Providence, Rhode Island 4,500 Spaces 707 Wilshire Tower Los Angeles, California 1,027 Spaces 75 State Street Boston, Massachusetts 686 Spaces 3201 New Mexico Ave Washington, D.C. 215 Spaces Union Bank Los Angeles, California 1,034 Spaces U.S. Bank Place Minneapolis, Minnesota 553 Spaces World Trade Center St. Paul, Minnesota 205 Spaces Yonge Eglinton Centre Toronto, Canada 868 Spaces Standard Parking" Retail &Mixed -Use Parking Representative Property List June 2003 Bellvue Galleria Greenwin Square Seattle, Washington Toronto, Ontario 800 Spaces 546 Spaces Century City Shopping Ctr. Houston Galleria Los Angeles, California Houston, Texas 3,480 Spaces 11,000 Spaces Chicago Place Minneapolis City Center Chicago, Illinois Minneapolis, Minnesota 200 Spaces 780 Spaces Copley Place 900 N. Michigan Avenue Boston, Massachusetts Chicago, Illinois 830 Spaces 1,470 Spaces Crossroads Plaza Parking Gallery Salt Lake City, Utah Reno, Nevada 2,620 Spaces 650 Spaces Dole Cannery Square Reserve Square Honolulu, Hawaii Cleveland, Ohio 1,224 Spaces 950 Spaces Filmore Place Rowes Wharf Denver )Colorado Boston, Massachusetts 460 Spaces 743 Spaces Garage at P.O. Square The Gateway Boston, Massachusetts Salt Lake City, Utah 1,400 Spaces 250 Spaces Gaviidae Common Minneapolis, Minnesota Water Tower Place Chicago, Illinois 495 Spaces 680 Spaces Greenway Plaza Yonge Rglinton Centre Houston, Texas Toronto, Canada 1'3,000 Spaces 898 Spaces Standard Parking- Residential Parking Representative Property List June 2003 Century Towers One East Delaware Las Angeles, California Chicago, Illinois 600 Spaces 340 Spaces Chicago Place Park Place Tower Chicago, Illinois Chicago, Illinois 200 Spaces 476 Spaces Doral Plaza Presidential Towers Chicago, Illinois Chicago, Illinois 200 Spaces 1,200 Spaces Gold Coast Galleria Superior Place Chicago, Illinois Chicago, Illinois 175 Spaces 600 Spaces Lake Point Tower 1212 Lake Shore Drive Chicago, Illinois Chicago, Illinois 678 Spaces 240 Spaces 900.910 Lake Shore Drive Water Tower Place Chicago, Illinois Chicago, Illinois 425 Spaces 680 Spaces Standard Parking„ Hotel Parking Representative Property List June 2003 Century Plaza Hotel Ohana East Los Angeles, California Honolulu, Hawaii 738 Spaces 238 Spaces Charles Square Hotel Omni Austin Hotel Cambridge, Massachusetts Austin, Texas 454 Spaces 500 Spaces Copley Marriott Hotel Omni Los Angeles Hotel Boston, Massachusetts Los Angeles, California 225 Spaces 300 Spaces Four Seasons Hotel Peninsula Hotel Chicago, Illinois Chicago, Illinois 260 Spaces 50 Spaces Halekulani Hotel Ritz- Carlton Honolulu, Hawaii Chicago, Illinois 520 Spaces 85 Spaces Hyatt Regency Seaport Hotel Phoenix, Arizona Boston, Massachusetts 11200 Spaces 1,200 Spaces Ilikai Hotel Sheraton Maui Hotel Honolulu, Hawaii Kaanapalt Hawaii 1,156 Spaces 600 Spaces LeMeridien Hotel Warwick Hotel Boston; Massachusetts Houston, Texas 60 Spaces 250 Spaces Marriott, Copley Place Westin River North Boston, Massachusetts Chicago, Illinois 225 Spaces 86 Spaces Standard Parking- Sports and Entertainment Parking Representative Property List June 2003 Armand Hammer Museum Los Angeles, California 680 Spaces City of Phoenix Phoenix, Arizona 8,000 Spaces Compaq Center Houston, Texas 10,000 Spaces Foxboro Stadium Foxboro, Massachusetts 13,000 Spaces Kemper Arena Kansas City, Missouri 4,325 Spaces Lakewood Amphitheater Adainta, Georgia 8,000 Spaces Nationwide Arena Columbus; Ohio 15,000 Spaces Orlando Centroplex Orlando, Florida 10,500 Spaces Playhouse Square Cleveland, Ohio 750 Spaces Polaris Amphitheater Columbus, Ohio 13,000 Spaces Soldier Field Chicago, Illinois 5,000 Spaces Thousand Oaks Center Thousand Oaks, California 800 Spaces United Center Chicago, Illinois 6,000 Spaces U. S. Cellular Field Chicago, Illinois 8,000 Spaces Standard Parking- Hospital Parking Representative Property List June 2003 Cambridge Hospital Long Island College Hospital Cambridge, Massachusetts Brooklyn, New York 1,200 Spaces 600 Spaces Children's Medical Center MASCO Dallas, Texas Boston, Massachusetts 1,300 Spaces 5,000 Spaces Cleveland Clinic Memorial Mercy Hospital Cleveland, Ohio New Orleans, Louisiana 10,000 Spaces 1,350 Spaces Emerson Hospital Methodist Hospital Concord, Massachusetts Houston, Texas 1,580 Spaces 3,400 Spaces Evanston Hospital Northwestern Memorial Evanston, Illinois Chicago, Illinois 2,043 Spaces 3,046 Spaces Hamilton Health Sciences Centre Parkland Hospital Hamilton, Ontario Dallas, Texas 5,730 Spaces 350 Spaces Harris Methodist Hospital Regional Medical Center Fort Worth, Texas Memphis, Tennessee 3,100 Spaces 1,350 Spaces Huntington Memorial St. Charles Hospital Pasadena, California New Orleans, Louisiana 900 Spaces 430 Spaces Illinois Masonic Washington Hospital Center Chicago, Illinois Washington, D.C. 1,027 Spaces 4,683 Spaces Jackson Memorial Westchester Medical Miami, Florida Westchester, New York 7,240 Spaces 3,000 Spaces Standen! Parking" Colleges and Universities Parking Representative Property List - June 2003 Harvard Medical School Boston, Massachusetts 1,1% Spaces MIT Cambridge, Massachusetts 5,000 Spaces Montclair State University Upper Montclair, N.J. 3,402 Spaces Towson University Towson, Maryland 200 Spaces Tulane Medical School New Orleans, Louisiana 1,732 Spaces Washington College of Law Washington, D.C. 450 Spaces Standard Parking" Municipal Parking Representative Property List June 2003 Chicago Transit Authority Chicago, Illinois" 3,483 Spaces City of Colorado Springs Colorado Springs, Colorado 1,890 Spaces City of Coral Gables Miami, Florida 852 Spaces City of Miami Beach Miami Beach, Florida 6,043 Spaces City of Santa Monica Santa Monica, California 2,517 Spaces Erie County Fair Hamburg, NY 12,000 Spaces Grant Park Garages Chicago, Illinois 3,600 Spaces McCormick Place Chicago, Illinois 6,500 Spaces Monroe Street Garage Chicago, Illinois 3,800 Spaces Navy Pier Chicago Illinois 1,700 Spaces Saint Paul RiverCentre St. Paul, Minnesota 1,700 Spaces State Fair Grounds Indianapolis, Indiana. 2,200 Spaces Standard Parking- Airport Parking Representative Property List June 2003 Anchorage International McGhee Tyson Airport Anchorage, Alaska Knoxville, Tennessee 1,182 Spaces 3,600 Spaces Baton Rouge Metropolitan Midway Airport Baton Rouge, Louisiana Chicago, Illinois 1,302 Spaces 5,800 Spaces Bradley International Minneapolis -St.. Paul Hartford, Connecticut Minneapolis, Minnesota 8,850 Spaces 11,390 Spaces Cleveland Hopkins O'Hare International Cleveland, Ohio Chicago, Illinois 6,300 Spaces 21,000 Spaces Colorado Springs Airport Pensacola Regional Colorado Springs, Colorado Pensacola, Florida 3,500 Spaces 1,358 Spaces Des Moines International Richmond International Des Moines, Iowa Richmond, Virginia 3,487 Spaces 3,470 Spaces Greater Rochester Sacramento International Rochester, New York Sacramento, California 5,200 Spaces 13,450 Spaces Greenville Spartanburg Savannah International Greenville, South Carolina Savannah, Georgia 2,935 Spaces 1,280 Spaces Kansas City International Wilkes Barre/Scranton Kansas City, Missouri Avoca, Pennsylvania 13,495 Spaces 1,000 Spaces Affirmative Action Achievements Standard Parking is committed to a comprehensive program of women and minority business development. We work to ensure that maximum opportunities exist for these firms, and we regularly exceed the target goals of our governmental clients, in addition to voluntarily using minority- and women - owned businesses in our private projects. By way of example, the following table illustrates our commitment to, and successful utilization of, minority- and women -owned firms in the City of Chicago: Project Theater District Self Park Adams/Wabash Self Park* FranklinNan Buren Self Park* Chicago, Park District (Grant Park North and South, East Monroe, and the Chicago Historical Society) Chicago Transit Authority (multiple locations) City of Chicago O'Hare Parking Facilities Cook County (Juvenile Detention Center and Hospital) Metropolitan Pier and Exposition Authority "EA) Navy Pier/ McCormick Place Parking Facilities Standard Parking Corporate Office Build -Out* Construction/ Contracts to Total Dollars M/WBE% Maintenance Mt"E to M/WBEs Utilization Cost Firms $8,010,883 29 $2,871,875 36.0% $8,000,000 21 $10,384,850 27 $19,273,991 28 $1,223,665 11 $78,500,045 41 $2,463,529 17 $6,130,826 26 $3,782,905 9 $1,771,555 22.0% $1,796,495 17.3% $6,452,510 33.5% $389,979 31.9 0/6** $29,575,405 37.7% $1,012,241 41.1% $2,167,914 35.4% $1,770,956 46.8% TOTAL $137,770,694 209 $47,808,930 34.7 % *Voluntary, self - initiated MBE/WBE utilization, with no government - mandated goals. * *The Transit Authority is federally funded so this represents DBE utilization The success we have achieved with our affirmative action programs at the locations listed above has created significant economic opportunities for minority and women -owned businesses. In addition to setting aggressive affirmative action goals, we diligently implement and closely monitor our performance toward these goals. Standard Parking is equally committed to providing economic opportunity to minorities and women through employment in our offices and parking facilities. We have adopted a policy of equal employment for all workers, regardless of sex, color, age, race or creed (see the Corporate Policy Statement reproduced below). We also work to ensure and maintain a working environment free of harassment, intimidation, and coercion at all facilities at which our employees may work. In addition to our compliance with all applicable federal and state laws regarding equal employment opportunity, Standard Parking often works with community groups to increase the accessibility of job opportunities to as diverse a group of applicants as possible. For example, the formal affirmative action/equal employment opportunity program we apply in recruiting for Chicago's O'Hare International Airport includes a Community Hiring Program and EEO utilization goals. Through our Community Hiring Program, we work with City- funded job agencies which offer community residents employment services such as skill assessment, career planning, job placement, and job resource information. All our job openings are posted with numerous agencies, and these agencies notify us immediately of any qualified candidates they may have, who then participate in our traditional interviewing and hiring process. We also work with the Chicago Public Schools to hire young men and women looking for a summer job or who might be interested in a career in the retail/service industry (we work with the nationally recognized READY program that helps prepare young people for careers in retail). These initiatives help us increase the representation of women and minorities in our workforce. Other locations at which we have implemented successful affirmative action programs include the Chicago Park District garages and the Chicago Metropolitan Pier and Exposition Authority. Through our comprehensive MBE/WBE utilization plans and EEO policies, Standard Parking not only meets but goes far beyond the established goals of our governmental clients, recognizing the potential impact of these programs on the continued growth and vitality of the communities in which we operate. Corporate Policy Statement Standard Parking is committed to the goal of equal and representative opportunities for minorities and women. The company's philosophy, with respect to the quality management of parking facilities is based upon prudent business principles, combined with a creative and flexible view of opportunities. Its day - to-day challenge in operating properties is to provide and manage such locations with care and attention' to detail that is unparalleled in the parking industry. Similarly high standards will also be applied to efforts related to equal opportunity and participation by Minority Business Enterprises (MBE) and Women Business Enterprises (WBE). Affirmative Action should be an essential element in any development process, and the Corporation will establish and implement an honorable, progressive, innovative, and goal- oriented program that serves appropriate sectors of the community. With respect to the company's internal operations, the company will aggressively pursue employment practices that provide equal opportunity to all people regardless of sex, color, age race or creed. The company will not countenance discrimination against any employee or applicant in any aspects of employment, including hiring, promotions, termination, compensation, benefit programs and education opportunities. All managers who are involved with employment activities will be responsible for conforming to this policy and the compliance requirements of applicable state and federal regulations. The company has adopted a policy of equal employment opportunity with respect to all on -site contractors and subcontractors and will seek to assure that all of its contractors and subcontractors abide by the spirit and intent of this policy statement and establish goals. Additionally, the company will seek to ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the company's employees may work. It shall be specifically ensured that all on -site supervisory personnel are aware of and carry out the obligation to maintain such working environment, with specific attention to minority and/or female individuals. The company is committed to a comprehensive program of MBElWBE business development as well as minority and female employment. The company wants to ensure that maximum opportunities exist for such firms and is confident that it will meet or exceed the ;goals it established on all projects.' Finally, in recognition of the fact that successful affirmative action programs are important to the continued growth and vitality of society as a whole, the company will continue to take affirmative action to ensure that business opportunities are provided and that all job applicants are employed and treated in a non-discriminatory manner. Standard Parking TM WN FINTO 1 v @RU @; §811@ 1089 (312) 274 -2000 • Fax (312) 640 -6160 Ambiance in Parking® Ronald F. Williams i A President ��% rA PARKING j a subsidiary of Selig Enterpriser, Inc. TRADITION Harris Tower, Suite 701 f 233 Peachtree Street NE COMMITMENT I:. - - Atlanta, Georgia 30303 i. Telephone 404�Z5.5959 s E R v I c E Facsimile 404.522.0925 rwilliamaQaaaparking.com SINCE 1956 Proposal To Promote, Operate, and Maintain A Comprehensive Parking Program City of South Miami, Florida Submitted to City of South Miami, Florida City Clerk's Office 6130 Sunset Drive South Miami, Florida 33143 Submitted by: AAA Parking 233 Peachtree Street, N.E. Harris Tower, Suite 701 Atlanta, Georgia 30303 Phone: 404.525.5959 Fax: 404.522.0925 June 27, 2003 Preface Organization Name and Officers of the Firm Selig Parking, Inc. d /b /a AAA Parking 233 Peachtree Street, N.E., Suite 701 Atlanta, Georgia ,30303 a Georgia Corporation Phone: 404.525.5959 Ronald F. Williams, President Robert C. Riddle, Vice- President Mason Mehrjerdian, Vice- President Ownership and Principal Officers Selig Enterprises, Inc. 1100 Spring Street, N.W., Suite 550 Atlanta, Georgia 30309 a Georgia Corporation Phone: 404.876 5511 S. Stephen Selig, III, President and Chairman Cathy Selig, Vice- President 01 TABLE OF CONTENTS over Sheet ?reface: Names and Officers of the Firm Ownership and Principal Officers attachment 1: Management Fee Proposal Ittachment 2: Management Plan kttachment 3: Proposer Qualification Form kttachment 4: Proposer's Financial Statement kttachment 5: Public Entity Crime Form Properly Executed kttachment 6: Disability Non Discrimination Statement 3 Standard Parking" ►��o�n�p�;�i� 1999 (312) 274 -2000 • Fax (312) 640 -6160 Ambiance in Parking® Comparison of Benefits provided to the City of South Miami by the different Parking Proposers Renefift AAA Current Contraa RandardParking Eva&arion Management Fee $194,000.00 $188,000.00 Standard Enhanced revenues No Yes Standard by new parking meter software Enhanced revenues No Yes Standard by Booting Program Palm Computer to No Yes Standard download information from Meters to offer checks and balances Safety Equipped No Yes Standard Vehicles for Collections On Site Manager Yes Yes Local infrastructure 300+ employees Standard Future Professional No Yes Standard Parking Consulting to City of South Miami Size of Company Local National ' Standard Amount of Parking 750 CSM + others 8,600 Standard Meter collecting locally Amount of annual $701,743.25 $8,000,000.00 +- Standard parking meter, City of South Miami revenues collecting + others locally Local Presence Yes Yes Standard Ability of Service Yes Yes Provider Experience No Yes Standard Managing Parking Structures & Lots Insurance $1,000,000 $50,000,000 Standard Unbrella 31 J Financial Integrity: Independent Internal Facility Audits Unlike many parking management companies, Standard Parking maintains an independent Internal Audit Department, reporting directly to the company's Chief Financial Officer. This direct and independent reporting line °ensures the integrity and objectivity of facility audits by eliminating potential conflicts of interest inherent in audits conducted within the operations function itself. All required internal audits are administered under the supervision of the Director of Internal' Audit. Our audits are multi- faceted: A Sel&Audit Standard Parking requires all staffed locations to be self: audited once a year by field managers. A formal Survey of Operations Report is completed by the facility manager and retained for reference at each facility. A subsequent formal internal audit by our Internal Audit Department includes' a review of this Survey for completeness and consistency with current operations. ➢ Unannounced Audit Department Audits Our Internal Audit Department staff conducts regular internal audits of our facilities. They may be performed either on a scheduled—but unannounced basis or at the specific request of senior management. These audits cover a broad spectrum of operations including revenue controls, accounts payable, payroll procedures, accounts receivable, cash security, public and employee safety, customer service and facility appearance. For larger, new projects, "start-up" audits are performed within the first month of operation. The results of unannounced field audits are shared as a matter of policy with the property owners. After visiting the site and preparing its specific audit report, complete with ratings and recommendations, our Internal Audit Department staff reviews the report with our regional and senior managers, who must formally respond to the reports and agree upon Arm implementation dates for any recommendations the audit report may contain. Our audit team later will verify implementation of all such recommendations. Final reports are submitted to senior management and placed in the company's audit database. This independent and thorough internal; auditing process assures our clients of optimal facility performance and maximized parking revenues. Financial Reporting Information Systems Client View Financial Reporting Client View""', our fully- secured Internet -based system, gives clients the flexibility and convenience to access and download monthly financials and detailed backup reports, including: ➢ Statement of Revenue and Expense 32 ➢ Labor Analysis Report — Employee Name Pay Date — Hours Worked Total Earnings (regular and overtime) - Employer Payroll Taxes — Workers Compensation Cost ➢ Revenue Summary Report - Revenue Data by Day -- All Revenue Types (transient, meter, monthly, validation, coupon, miscellaneous) —Sales Tax Data — Average Ticket Data -- Tickets Issued — Tickets Collected — Weekly and Monthly Summaries ➢ General Journal Report (detail that supports Statement of Revenue and Expense) — General Ledger Reference — Vendor Reference — Invoice Number ➢ 13 Month Trend Analysis The system also provides line item drill down capability (general ledger detail, vendor reference and scanned image of invoices), rolling 24 -month historical data and the ability to convert reports to Microsoft Excel files. Financial Reports State -of -the art information systems allow Standard Parking to supply all the information you need to stay on top of facility performance. We can provide standard monthly reports, formatted to meet clients' needs, covering: ➢ Budgets by month, quarter and year. Monthly P & L reporting vs. budget by month, quarter and year. ➢ Revenue detail reporting. ➢ Payroll, overtime, benefit detail reporting. ➢ Insurance claim analysis reporting. ➢ Monthly ledger detail reporting. ➢ Invoice copies. ➢ On -line inquiry between corporate and local offices. Samples of these reports appear at the end of this division. 33 Ei _ K Hiring and Pre - Employment Screening Standard Parking has a comprehensive pre- employment screening program in place to make sure that only the most qualified candidates are chosen for employment. Pre- employment screening is an effective risk management tool that promotes a safe and profitable workplace by helping to limit the uncertainty inherent in the hiring process. Our pre - screening techniques significantly reduce potential violence, theft, financial loss, sexual harassment and other workplace problems. Preliminary Pre - Interview Screening At the front -end of the process, Standard Parking often uses a professional telephone interviewing service to pre - screen candidates before they are invited in for formal interviews. Hiring managers are trained in how to narrow down the potential pool of applicants to qualified individuals, and how to thoroughly check employment and personal references. Background Checks and 'Assessments All candidates for employment, prior to receiving an employment offer, must successfully pass a criminal background check and a formal employee selection assessment. Depending on the preference of our client at any given location, candidates may also have to pass a pre- employment drug test. • Criminal Background Checks Standard Parking utilizes the services of American Background Information Services, Inc., to perform background checks (including criminal record searches, credit history and motor vehicle record searches) on all prospective entry-level and management candidates. Screening of all management -level candidates, including supervisors, specifically covers criminal records, credit violations, motor vehicle driving infractions (if the positions involve driving), educational credentials and prior employment. Candidates for non - management positions that involve driving are screened for criminal and motor vehicle driving infractions. If the position does not involve driving, the candidate is screened for a criminal record. • Employee Selection Assessments Reid London House provides selection assessments used by Standard Parking to evaluate candidates for employment. The basic test assesses the likelihood of job success at Standard Parking, taking into account work attitudes, behavioral traits, and prior work and educational experience. The assessment is a proven tool to help reduce employee turnover, absenteeism and theft. More extensive profiles are available for assessing customer service skills, math capabilities, and management potential. 34 • Pre - employment Drug Tests Pre - employment drug testing is required of all candidates for employment at all locations that Standard Parking leases. We administer similar drug screening tests at all managed locations in which the client requests that we do. Screening Reduces Turnover and Improves Customer Relations Our hiring and pre- screening process helps us retain qualified employees for the long -term, which, in addition to reducing turnover costs, gives our clients and parking customers the opportunity to establish the personal relationships and trust that facilitates a successful and profitable parking operation. Prior Operator Employee Retention In those cases where we assume management responsibility of an existing parking operation from another operator, we typically consult with the client and interview existing personnel in an attempt to retain those qualified employees who have an operating history at that particular facility. Our experience has been that replacing existing staff members -who often are quite knowledgeable about existing c: onditions and the personal idiosyncrasies of regular parkers- merely for the sake of change often is unnecessary and, in fact, counterproductive since their retention usually enhances and facilitates a smooth transition. Thus, our preference is to retain qualified staff members when possible, and to focus instead on teaching them new techniques as necessary in the context of Standard Parking's performance standards and expectations. Employee Training Standard Parking's reputation for excellence in on- site management is built on a comprehensive, award- winning training system. The process identifies and develops the skills and behaviors required to enable all of our employees to perform up to our stringent expectations. No other parking company places as high a premium on customer service enhancement and its positive linkage to a professional, in- house training department. The excellence of our comprehensive training programs has been recognized by both the parking and training industries. We have been the recipient of five national awards, including two Telly awards, and a national award for excellence by the National Association of Industrial Office Properties (NAIOP). The National Parking Association's Certified Parking Facility Manager (CPFM) program establishes an industry -wide standard of parking operational knowledge accepted by all parking management companies. Standard Parking leads the industry with the most CPFM managers of any parking company in the United States. Tapping the Internet as a training resource, Standard Parking also has an in- house, Web -based training system -- standard University'" --to supplement formal classroom and frontline training programs. 3s Most importantly, Standard Parking recognizes that every location has unique, individual requirements for defining and carrying out operational excellence. To that end, we always consult with our clients to ensure that all operational expectations and location- specific needs are identified and addressed in the development of our training solutions. Frontline Training, Right from the Start Training of new Standard Parking frontline employees- cashiers, valet attendants, maintenance workers and shuttle bus drivers - begins on the day of hire with an orientation session that, in addition to formally introducing the company to the employyee, sets out the specific technical and customer service training- programs the employee will be required to attend. Orientation is promptly followed by technical skills training, which provides employees with the mentored, on- the-job learning experience needed to begin contributing to facility performance right from the start. Mastering the Three Keys to Customer Satisfaction Within the first three months of employment comes the enhancement of customer service skills through our targeted Three Keys to Customer Satisfaction classroom -based training program. Our reputation for outstanding customer service has been built on these formal training sessions that emphasize facility and employee appearance, constructive customer relations and positive resolution of customer inquiries and concerns. Key #1- -First Impressions: Facility and Employee Appearance. Employees learn the importance —both for themselves and the parking facility --of maintaining a well - groomed appearance. As the company's classroom trainers point out, in just ten seconds a typical customer forms eleven distinct impressions about Standard Parking and the service to be received. Key #2— Successful Customer Interactions. Nary a minute goes by without cashiers, valet attendants and bus drivers interacting in some way with parking customers. To make sure these interactions always proceed smoothly, company trainers emphasize the importance of looking good, warmly greeting customers, communicating in a polite and professional manner, and saying goal -bye with a sincere thank you. Key #3-- Effectively Resolving Customer Issues. Some customers want information, some want solutions and some just want an ear to bend. Training helps frontline employees', to identify the issue and the appropriate approach to take. These sessions optimize learning through exercises that encourage interaction between participant and trainer. Reinforcing Customer Service: Strive for Excellence To reward positive customer service and operations standards, Standard Parking follows up its training with Strive for Excellence, a;compilation of more than 40 distinct employee motivation and rewards' initiatives that reinforce the skills learned during the training process. Some of these reward and recognition programs: 36 ➢ Frontline Jeopardy is a month -long game led by facility supervisors to encourage employee knowledge of operational and customer service policies and details. Employees who answer 12 questions correctly in a given month receive a prize, such as a gift certificate. ➢ Awesome Attendance rewards team efforts at being on the job every day for a month. Winning teams receive pizza parties and certificates of achievement. ➢ Beat the Clock helps reduce tardiness by rewarding employees who show up early for work each day. ➢ Looking Good gives every employee properly in full uniform for a week a playing card. At the end of the month, the employee with the best poker hand wins a gift certificate, although everyone gets a prize. ➢ A is for Accuracy recognizes cashiers who complete accurate daily revenue reports. ➢ I've Got the Drive showcases shuttle bus drivers and valet attendants who provide top- notch customer service and meet performance goals. Employees are also required to attend, formal refresher training sessions to "brush -up" on their customer service skills. "These sessions cover topics such as customer relations, creating first impressions and organizing workstations. Customer Service Coordinators To ensure that training objectives are met at each Standard Parking location, the company designates an operations - manager or other administrative employee to be a Customer Service Coordinator for a group, of locations. Working in partnership with the training department, the Coordinator launches and implements new training programs, establishes the training system at new locations, manages the Strive for Excellence Program and measures the results of these programs for continuous improvement. The Coordinator is responsible for aligning company standards with the specific needs of clients and locations. Standard University -- Customized, On -line Training Materials We have found that the wide array of management skills that we require —from technical skills such as accounting procedures and computer efficiency to management skills such as employee development, customer service proficiency and the ability to successfully delegate and supervise others necessitates the use of several training methodologies. Standard Parking uses video - based classroom sessions, self - directed learning packages and computer -based training programs to form a comprehensive, effective program providing management employees with the tools they n: eed to successfully manage parking facilities up to our exacting standards. Utilizing the power of the Internet to effectively combine and leverage these training activities, Standard Parking has developed an in- house, Web -based training system -- ,Standard University's —to provide every manager with the knowledge and skills needed to successfully performl specific job responsibilities. 37 From a secure company Web site, each manager's supervisor downloads Standard Universitim content to create a customized training plan for that manager. Each module of selected information contains corporate policies, instructions and exercises that blend learning theory with practical, on-the-job applications. The supervisor evaluates the manager's work product to ensure that the participant has mastered the content and identified location- specific requirements. The Web site also houses related materials to support continuing education and career development. Our corporate training department downloads status information from the Web site to assist management in assessing the training progress of individual employees. Specific Training Plans for Managers Facility Managers New facility managers participate in an independent training program that includes a workbook and a supplemental video that emphasize the development of leadership skills; keys to recruiting, interviewing, hiring and training skilled employees; understanding the disciplinary process; and meeting our demanding customer service standards. In addition, we provide our facility managers with several local resources to augment and complete their training. Each facility manager receives a computer- based training program that guides the manager through the company's on -line information computer database system. This computer -based training itself is then supplemented with a job and accounting guide. To complete the facility manager's training, each manager is required to complete and obtain the National Parking Association's Certified Parking Facility Manager (CPFM) certification program, guaranteeing that the new ; manager has achieved the fundamental operational knowledge necessary to properly manage our parking facilities. Senior Managers Our senior managers participate in a similar self4rected training program that focuses on supervisory skills as well as planning, organization, delegation and motivation. The training program design also allows managers to practice their new skills while on the job. This supervisory skills development package is complemented with an orientation at our corporate headquarters, where each senior manager spends time enhancing his or her skills in the fields of hiring and payroll processing, revenue control and auditing procedures, profit and loss statement analysis, budget forecasting, and marketing for maximum profitability. Just as with our facility managers, our senior managers --all of whom have completed the National Parking 'Association's CPFM program -- complete a computer -based training program to ensure that they are adept at utilizing , our on -line information computer database system to perform a wide range of revenue and location management functions. Monitoring Employee Performance We augment our training program with a multi - faceted monitoring system designed to ensure satisfactory on- the -job performance. 38 ➢ Training Compliance. To guard against any new employees "slipping through the cracks,,, our corporate training department monitors compliance reports to verify that each new employee has participated in the appropriate training programs. ➢ In -house Auditing. Our in -house auditing team, as well as our corporate training department, visit locations on an annual basis to evaluate employee performance in technical as well as customer service proficiency. ➢ Senior Manager Aunts. Senior managers supplement our in -house audits by performing their own regional audits three times a year. ➢ Customer Surveys. Customer surveys are routinely and randomly conducted so that our parkers can provide direct feedback and observations regarding the quality of our employees. First-Class Training = First -Class Customer Service Frontline employees, through their professional appearance and provision of services, are the people most responsible for meeting customer service goals. Client satisfaction depends on exemplary service provided everyday by cashiers, valets, shuttle bus drivers and maintenance employees. Standard Parking leads the industry in all the benchmarks of customer satisfaction due to the strength of its multi - faceted training programs and the company's commitment to training. 39 L Employee Appearance and Uniforms Standard Parking requires all of its employees to be neatly uniformed and well- groomed at all times. Experience has demonstrated that proper attire and grooming enhance employee performance as well as sheer appearance. Our customary uniform consists of a white shirt with a black tie, black blazer, black slacks and black, well - shined shoes. We do, however, frequently work with our clients to create uniforms that are specifically designed and tailored to be consistent with a property's distinctive logo, colors and design scheme. The brochure that follows reflects the wide range of professional attire we provide for our cashiers, valets and managers. 40 M �,,r Insurance Insurance Coverage Given the extensive number of parking facilities that we operate in the United States, Standard Parking obtains broad insurance coverage with liberal limits at reasonable rates. Our coverage is as follows: Worker's Compensation insurance in compliance with the state's Worker's Compensation Act. Employer's liability insurance on all employees for the premises not covered by the Worker's Compensation Act, for occupational accidents or disease, for limits of not less than > $100,000 for any one occurrence, or whatever is necessary to satisfy the requirements of the umbrella liability insurance specified below. Garage liability insurance on an occurrence form basis with limits of not less than $1,000,000 per occurrence with an annual aggregate limit of $2,000,000 per location. ➢ Garage keeper's legal liability insurance (if applicable) insuring any and all automobiles that are parked at the premises by the operator's attendants or for which a bailment otherwise is created, with limits of liability not less than $1,000,000 per occurrence. ➢' Comprehensive crime insurance including employee theft, premise, transit and depositor's forgery coverage, with limits of Iiability as to any given occurrence of $50,000 for monies and securities inside and outside the premises, and $1,000,000 on account of any employee dishonesty. ➢ Umbrella liability insurance, in excess following form, with an annual aggregate limit of not less than $50,000,000. 42 c MM Standard Parking Office Building Parking Representative Property List June 2003 Allen Center Houston Center Houston, Texas Houston, Texas 5,700 Spaces 5,500 Spaces AT &T Corporate Center Key Tower Chicago, Illinois Cleveland, Ohio 328 Spaces 1,185 Spaces Bank One 900 N. Michigan Avenue Phoenix, Arizona Chicago, Illinois 1,950 Spaces 1,470 Spaces BCE Place Providence Place Toronto, Canada Providence, Rhode Island 1,465 Spaces 4,500 Spaces BP Tower 707 Wilshire Tower Cleveland, Ohio Los Angeles, California 760 Spaces 1,027 Spaces Century City North 75 State Street Los Angeles, California Boston, Massachusetts 1,764 Spaces 686 Spaces Copley Place 3201 New Mexico Ave Boston, Massachusetts Washington, D.C. 830 Spaces 215 Spaces Cullen Center Union Bank Houston, Texas Los Angeles, California 6,000 Spaces 1,034 Spaces 1801 Pennsylvania Ave. U.S. Bank Place Washington, D.C. Minneapolis, Minnesota 199 Spaces 553 Spaces Garage at P.O. Square World Trade Center Boston, Massachusetts St. Paul, Minnesota 1,400 Spaces 205 Spaces Greenway Plate Youge Eglinton Centre Houston; Texas Toronto, Canada. 13,000 Spaces 868 Spaces 43 Standard Parking" Retail & Mixed-Use Parking Representative Property List June 2003 Bellvue Galleria Greenwin Square Seattle, Washington Toronto, Ontario 800 Spaces 546 Spaces Century City Shopping Ctr. Houston Galleria Los Angeles, California Houston, Texas 3,480 Spaces 11,000 Spaces Chicago Place Minneapolis City Center Chicago, Illinois Minneapolis, Minnesota 200 Spaces 780 Spaces; Copley Place 900 N. Michigan Avenue Boston, Massachusetts Chicago, Illinois 830 Spaces 1,470 Spaces Crossroads Plaza Parking Gallery Salt Lake City, Utah Reno, Nevada 2,620 Spaces 650 Spaces' Dole Cannery Square Reserve Square Honolulu, Hawaii Cleveland, Ohio 1,224 Spaces 950 Spaces Filmore Place Rowes Wharf Denver, Colorado Boston, Massachusetts 460 Spaces 743 Spaces Garage at P.O. Square The Gateway Boston, Massachusetts Salt Lake City, Utah 1,400 Spaces 250 Spaces Gaviidae Common Water Tower Place Minneapolis, Minnesota Chicago, Illinois 495 Spaces 680 Spaces Greenway Plaza Yonge Eglinton Centre Houston, Texas Toronto, Canada 13,000 Spaces 898 Spaces Standard Parking- Residential Parking Representative Property List June 2003 Century Towers One East Delaware Los Angeles, California Chicago, Illinois 600 Spaces 340 Spaces Chicago Place Park Place Tower Chicago, Illinois Chicago, Illinois 200 Spaces 476 Spaces Doral Plaza Presidential Towers Chicago, Illinois Chicago, Illinois 200 Spaces 1,200 Spaces Gold Coast Galleria Superior Place Chicago, Illinois Chicago, Illinois 175 Spaces 600 Spaces Lake Point Tower 1212 Lake Shore Drive Chicago, Illinois Chicago, Illinois 678 Spaces 240 Spaces 900. -910 Lake Shore Drive Water Tower Place Chicago, Illinois Chicago, Illinois 425 Spaces 680 Spaces Standard Parking" Hotel Parking Representative Property List June 2003 Century Plaza Hotel Ohana East Los Angeles, California Honolulu, Hawaii 738 Spaces 238 Spaces Charles Square Hotel Omni Austin Hotel Cambridge, Massachusetts Austin, Texas 454 Spaces 500 Spaces Copley Marriott Hotel Omni Los Angeles Hotel Boston, Massachusetts Los Angeles, California 225 Spaces 300 Spaces Four Seasons Hotel Peninsula Hotel Chicago, Illinois Chicago, Illinois 260 Spaces 50 Spaces Halekulani Hotel Ritz- Carlton Honolulu, Hawaii Chicago, Illinois 520 Spaces 85 Spaces Hyatt Regency Seaport Hotel Phoenix, Arizona Boston, Massachusetts 1,200 Spaces 1,200 Spaces Ilikai Hotel Sheraton Maui Hotel Honolulu, Hawaii Kaanapali Hawaii 1,156 Spaces 600 Spaces UMeridien Hotel Warwick Hotel Boston, Massachusetts Houston, Texas 60 Spaces 250 Spaces Marriott, Copley Place Westin River North Boston, Massachusetts Chicago, Illinois 225 Spaces 86 Spaces Star aM Parking- Sports and Entertainment Parking Representative Property List June 2003 Armand Hammer Museum Orlando Centroplex Los Angeles, California Orlando, Florida 680 Spaces 10,500 Spaces City of Phoenix Playhouse Square Phoenix, Arizona Cleveland, Ohio 8,000 Spaces 750 Spaces Compaq Center Polaris Amphitheater Houston, Texas Columbus, Ohio 10,000 Spaces 13,000 Spaces Foxboro' Stadium Soldier Field Foxboro, Massachusetts Chicago,, Illinois 13,000 Spaces 5,000 Spaces Kemper Arena Thousand Oaks Center Kansas City, Missouri Thousand Oaks, California 4,325 Spaces 800 Spaces Lakewood Amphitheater United Center Atlanta, Georgia Chicago,,Minois 8,000 Spaces 6,000 Spaces Nationwide Arena U. S. Cellular Field Columbus, Ohio Chicago, Illinois 15,000 Spaces 8,000 Spaces Standard Parking- Hospital Parking Representative Property List June 2003 Cambridge Hospital Long Island College Hospital Cambridge, Massachusetts Brooklyn, New York 1,200 Spaces 600 Spaces Children's Medical Center MASCO Dallas; Texas Boston, Massachusetts 1,300 Spaces 5,000 Spaces Cleveland Clinic Memorial Mercy Hospital Cleveland, Ohio New Orleans, Louisiana 10,000 Spaces 1,350 Spaces Emerson Hospital Methodist Hospital Concord, Massachusetts Houston, Texas 1,580 Spaces 3,400 Spaces Evanston Hospital Northwestern Memorial Evanston, Illinois Chicago, Illinois 2,043 Spaces 3,046 Spaces Hamilton Health Sciences Centre Parkland Hospital Hamilton, Ontario Dallas, Texas 5,730 Spaces 350 Spaces Harris Methodist Hospital Regional Medical Center Fort Worth, Texas Memphis, Tennessee 3,100 Spaces 1,350 Spaces Huntington Memorial St. Charles Hospital Pasadena, California New Orleans, Louisiana 900 Spaces 430 Spaces Illinois Masonic Washington Hospital Center Chicago, Illinois Washington, D.C. 1,027 Spaces 4,683 Spaces Jackson Memorial Westchester Medical Mianu, Florida Westchester, New York 7,240 Spaces 3,000 Spaces . , - . �- -. Standard Parking Colleges and Universities Parking Representative Property List June 2003 Harvard Medical School Boston, Massachusetts 1,196 Spaces MPf Cambridge, Massachusetts 5,000 Spaces Montclair State University Upper Montclair, N.J. 3,402 Spaces Towson University Towson, Maryland 200 Spaces Tulane Medical School New Orleans, Louisiana 1,732 Spaces Washington College of Law Washington, D.C. 450 Spaces IF- Standard Parking Municipal Parking Representative Property List June 2003 Chicago Transit Authority Chicago, Illinois 3,483 Spaces City of Colorado Springs Colorado Springs, Colorado 1,890 Spaces City of Coral Gables Miami, Florida 852 Spaces City of Miami Beach Miami Beach, Florida 6,043 Spaces City of Santa Monica Santa Monica, California 2,517 Spaces Erie County Fair Hamburg, NY 12,000 Spaces Grant Park Garages Chicago, Illinois 3,600 Spaces McCormick Place Chicago, Illinois 6,500 Spaces Monroe Street Garage Chicago, Illinois 3,800 Spaces Navy Pier Chicago, Illinois 1,700 Spaces Saint Paul RiverCentre St. Paul, Minnesota 1,700 Spaces State Fair Grounds Indianapolis, Indiana 2,200 Spaces Standard Parking- Airport Parking Representative Property List June 2003 Anchorage International McGhee Tyson Airport Anchorage, Alaska Knoxville, Tennessee 1,182 Spaces 3,600 Spaces Baton Rouge Metropolitan Midway Airport Baton Rouge, Louisiana Chicago, Illinois 1,302 Spaces 5,800 Spaces Bradley International Minneapolis -St. Paul Hartford, Connecticut Minneapolis, Minnesota 8,850 Spaces 11,390 Spaces Cleveland Hopkins O'Hare International Cleveland, Ohio Chicago, Illinois 6,300 Spaces 21,000 Spaces Colorado Springs Airport Pensacola Regional Colorado Springs, Colorado Pensacola, Florida 3,500 Spaces 1,358 Spaces Des Moines International Richmond International Des Moines, Iowa Richmond, Virginia 3,487 Spaces 3,470 Spaces Greater Rochester Sacramento International Rochester, New York Sacramento, California 5,200 Spaces 13,450 Spaces Greenville Spartanburg Savannah International Greenville, South Carolina Savannah, Georgia 2,935 Spaces 1,280 Spaces Kansas City International Wilkes Barre/Scranton Kansas City, Missouri Avoca, Pennsylvania 13,495 Spaces 1,000 Spaces Affirmative Action Achievements Standard Parking is committed to a comprehensive program of women and minority business development. We work to ensure that maximum opportunities exist for these firms, and we regularly exceed the target goals of our governmental clients, in addition to voluntarily using minority - and women -owned businesses in our private projects. By way of example, the following table illustrates our commitment to, and successful utilization of, minority and women - owned firms in the City of Chicago: Construction/ Contracts to Total Dollars MJWBE% Project Maintenance M1WBE to M/WBEs Utilization Cost Firms Theater District Self Park $8,010,883 29 $2,871,875 36.0% Adams/Wabash Self Park* $8,000,000 21 $1,771,555 22.0% Franklin/Van Buren Self Park* $10,384,850 27 $1,796,495 17.3% Chicago Park District (Grant Park North and South, East Monroe, and $19,273,991 28 $6,452,510 33.5% the Chicago Historical Society) Chicago Transit Authority (multiple locations) $1,223,665 11 $389,979 31.9 % ** City of Chicago O'Hare Parking Facilities $78,500,045 41 $29,575,405 37.7% Cook County (Juvenile Detention Center and Hospital) $2,463,529 17 $1,012,241 41.1% Metropolitan Pier and Exposition Authority (MPEA) Navy Pier/ $6,130,826 26 $2,167,914 35.4% McCormick Place Parking Facilities Standard Parking Corporate Office Build -Out* $3,782,905 9 $1,770,956 46.8% TOTAL $137,770,694 209 $47,808,9930 34.7% *Voluntary, self - initiated MBE/WBE utilization, with no government - mandated goals. "The Transit Authority is federally funded so this represents DBE utilization The success we have achieved with our affirmative action programs at the locations listed above has created significant economic opportunities for minority - and women -owned businesses. In addition to setting aggressive affirmative action goals, we diligently implement and closely monitor our performance toward these goals. Standard Parking is equally committed to providing economic opportunity to minorities and women through employment in our offices and parking facilities. We have adopted a policy of equal employment for all workers, regardless of sex, color, age, race or creed (see the Corporate Policy Statement reproduced below). We also work to ensure and maintain a working environment free of harassment, intimidation, and coercion at all facilities _ at which our employees may work. In addition to our compliance with all applicable federal and state laws regarding equal employment opportunity, Standard Parking often works with community groups to increase the accessibility of job opportunities to as diverse a group of applicants as possible. For example, the formal affirmative action/equal employment opportunity program we apply in recruiting for Chicago's O'Hare International Airport includes a Community Hiring Program and EEO utilization goals. Through our Community Hiring program, we work with City- funded job agencies which offer community residents employment services such as skill assessment, career planning, job placement, and job resource information. All our job openings are posted with numerous agencies, and these agencies notify us immediately of any qualified candidates they may have, who then participate in our traditional interviewing and hiring process. We also work with the Chicago Public Schools to hire young men and women looking for a summer job or who might be interested in a career in the retail/service industry (we work with the nationally recognized READY program that helps prepare young people for careers in retail). These initiatives help us increase the representation of women and minorities in our workforce. Other locations at which we have implemented successful affirmative action programs include the Chicago Park District garages and the Chicago Metropolitan Pier and Exposition Authority. Through our comprehensive MBE/WBE utilization plans and EEO policies, Standard Parking not only meets but goes far beyond the established goals' of our governmental clients, recognizing the potential impact of these programs on the continued growth and vitality of the communities in which we operate. Corporate Policy Statement Standard Parking is committed to the goal of equal and representative opportunities for minorities and women. The company's philosophy with respect to the quality management of parking facilities is based upon prudent business principles, combined with a creative and flexible view of opportunities. Its day-to-day challenge in operating properties is to provide and manage such locations with care and attention to detail that is unparalleled in the parking industry. Similarly high standards will also be applied to efforts related` to equal opportunity and participation by Minority Business Enterprises (MBE) and Women Business Enterprises (WBE). Affirmative Action should be an essential` element in any development process, and the Corporation will establish and implement an honorable, progressive, innovative, and goal - oriented program that serves appropriate sectors of the community. With respect to the company's internal operations, the company will aggressively pursue employment practices that provide equal opportunity to all people regardless of sex, color, age race or creed. The company will not countenance discrimination against any employee or applicant in any aspects of employment, including hiring, promotions, termination, compensation, benefit programs and education ;opportunities. All managers who are involved with employment activities will be responsible for conforming to this policy and the compliance requirements of applicable state and federal regulations. The company has adopted a policy of equal employment opportunity with respect to all on -site contractors and subcontractors and will seek to assure that all of its contractors and subcontractors abide by the spirit and intent of this policy statement and establish goals. Additionally, the company will seek to ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the company's employees may work. ` It shall be specifically ensured that all on -site supervisory personnel are aware of and carry out the obligation to maintain such working environment, with specific attention to minority and/or female individuals. The company is committed to a comprehensive program of MBECWBE business development as well as minority and female - employment. The company wants to ensure that maximum opportunities exist for such firms and is confident that it will meet or exceed the goals it established on all projects. Finally, in recognition of the fact that successful affirmative action programs are important to the continued growth and vitality of society as a whole, the company will continue to take affirmative action to ensure that business opportunities are provided and that all job applicants are employed and treated in a non - discriminatory manner. Ronald F. Williams President !A, AAA a subsidiary of Selig Enterprises, Inc. �a, PARKING TRADITION Harris Tower, Suite 701 233 Peachtree Street NE a OM M I T M E N T Atlanta, Georgia 30303 Telephone 404.515.5959 s E R v I C E Facsimile 404.522.0925 rwilliams ®aaaparking.com SINCE 1956 fff{ .;�T�K, Proposal To Promote, operate, and Maintain A Comprehensive Parking Program City of South Miami, Florida Submitted to: City of South Miami, Florida City Clerk's Office 6130 Sunset Drive South Miami, Florida 33143 Submitted by: AAA Parking 233 Peachtree Street, N.E. Harris Tower, Suite 701 Atlanta, Georgia 30303 Phone: 404.525.5959 Fax: 404.522.0925 June 27, 2003 Preface Organization Name and Officers of the Firm Selig Parking, Inc. d /b /a AAA Parking 233 Peachtree Street, N.E,, Suite 701 Atlanta, Georgia 30303 a Georgia Corporation Phone: 404.525.5959 Ronald F. Williams, President Robert C. Riddle, Vice- President Mason Mehrjerdian, Vice - President Ownership and Principal Officers Selig Enterprises, Inc. 1100 Spring Street, N.W., Suite 550 Atlanta, Georgia 30309 a Georgia Corporation Phone: 404.876 5511 S. Stephen Selig, III, President and Chairman Cathy Selig, Vice- President 2 TABLE OF CONTENTS Cover Sheet Preface: Names and Officers of the Firm Ownership and Principal Officers Attachment 1: Management Fee Proposal Attachment 2: Management Plan Attachment 3: Proposer Qualification Form Attachment 4: Proposer's Financial Statement Attachment 5: Public Entity Crime Form Properly Executed Attachment 6: Disability Non Discrimination Statement 3 t ► d8,l , rk°IngT' lag%fl �' M iqM @RH @; 98118 1088 (312) 274 -2000 • Fax (312) 640 -6160 Ambiance in Parking® I PROPOSAL Submitted: June 27, 2003 TO: City of South Miami South Miami, Florida PROJECT: Promote, Operate, and Maintain a Comprehensive Parking Program Gentlemen: iii The undersigned as Proposer hereby declares that the only person or persons interested in the Proposal as principal or principals is or are named herein, and that no other person herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Proposer further declares that the Proposer has examined the documents and visited the site and that the Proposer is fully aware of all the conditions pertaining to the Proposal. The potential successful Proposer wishes to enter into an Agreement with the City of South Miami, Florida, to Operate, and Maintain a Comprehensive Parking Program for a period of two (2) years with renewable in three (3) one (1) year increments at the sole discretion of the City of South Miami. Enclosed are th, Attachment Attachment Attachment Attachment Attachment Attachment following attachments as required: 1:Management Fee Proposal 2:Management Plan 3:Qualification Form 4:Financial Statement 5:Florida Public Entity Crime Statement 6:Disability Non-Discrimination Statement The full names and addresses of persons and firms interested in the foregoing Proposals, as principals, are as follows: 1. Ronald F. Williams, President 2. Robert C. Riddle, Vice President 3. Mason Mehrierdian, Vice-President ,,, 1 4 SUBMITTED BY: Selig Parking, Inc. d /b /a AAA Parking 233 Peachtree Street, N.E., Suite 701 Atlanta, Georgia 30303 a Georgia Corporation Signat Signat VonaZld F . Wi liam Pl+esid nt � �' Mason Mehrjerdian, i e President ATTACHMENT 1 MANAGEMENT FEE PROPOSAL The Proposer submits the following Annual Management Fee, valid for the initial period of two (2) years, as a compensation for the services to be provided. Fees at the subsequent renewal years will be reviewed and may be renegotiated, if deemed appropriate by the City. Two Hundred Fifteen Thousand, Hundred, Forty Dollars (amount in words) ($215,940.00) (amount in numbers) Management Fee will be disbursed, monthly, to the successful Proposer on a prorated basis. The Management Fee will be considered as the full and complete compensation for all administrative, promotional, operational and maintenance expenses related to the Scope of Services _required under this RFP. Any additional compensation, on a reimbursable basis, will only be allowed for pre- approved replacement of equipment and /or pre - approved acquisition of new equipment. 6 LJ ATTACHMENT MANAGEMENT PLAN In a brief outline, please describe below, your management plan to promote, operate and maintain the parking system as required by this document. Please also explain how you intend to implement such a plan. COLLECTION E 1. At the beginning of each work day all scheduled Collection Personnel clock in, register, and report to the Operations Manager or Supervisor on duty for the shift briefing, vehicle assignment, and the two -way radio check procedure. 2. Once briefed all Collection Personnel report at the time specified by the Parking Director in order to acquire the zone assignments, and to sign out the appropriate work equipment. 3. Upon retrieval of keys and equipment, the Collection Personnel fastens all keys, photograph identification, and other equipment in a suitable fashion pending approval of the Parking Director or designee. 4. Once keys, identification, and equipment pass inspection, a radio check procedure is administered with the Parking Department designee to determine sufficient communication. 5. Collection Procedure. a. Two (2) unarmed Collection Personnel will administer each collection route. b. The first Collector's primary responsibility is unlocking the coin meter vault, removing the sealed coin canister from the meter vault, inserting the coin canister into the cart collection device depositing the contents, returning the coin canister back to the original meter vault, and locking the meter vault door. C. The second Collector's primary responsibility is auditing the coin meter via a card or hand held device, which quickly transmits the parking revenue from inside the meter. d. After the sealed cylindrical collection device has been properly filled, each Collector assists in dismounting the full collection device, securing and locking the full collection device in the vehicle, and continues the collection route as scheduled. 6. Key Success Factors a. After collecting the coin meter revenue, the coin meter is immediately audited. The Auditing Collector (second collector) will not allow a gap to exist between himself /herself and the Depositing Collector (first collector); therefore, to ensure proper revenue accountability. b. During the collection process, if -a coin meter lock is stuck or forbids key access and as a result the parking revenue is not withdrawn from the meter, 7 �1 then the Auditing Collector will not audit the meter at this time. Instead, the Auditing Collector will record the defective lock via an appropriate report, and immediately call in a maintenance request for the repair of the defective lock. € C. on the other hand, if the Depositing Collector <<•" retrieves parking' meter revenue from the parking meter and the Auditing Collector is unable to audit the meter due to a malfunctioning auditing component inside the meter, then the Auditing Collector will make note of the defective meter that was not able to audit, immediately call in a maintenance request for repair; therefore, the next collection time both collections will coincide with the next audit. d. All traditional key locks on the coin meters will be lubricated monthly, and AAA Parking 'will also clean all locks biannually in order to assure access reliability. 7. once all scheduled meters are collected, all funds will be I transported to the coin processing facility for consolidation. Coins to be consolidated will be counted by City personnel, then AAA Parking will deliver coins to a designated City of South Miami depository no later than the first business day following the collection. 8. At the end of each collection day, AAA Parking will submit all completed copies of the deposit receipt provided by the E South Miami Depository to the City. In addition, all equipment issued will be returned to its designated accommodation. STAFF SCHEDULING 1.AAA Parking will employ a staff of two (2) collectors during each collection day. 2. The team will be designated an area within the scheduled parking route /schedule, in order to efficiently blanket the entire route /scheduled zones. 3. Throughout all collection periods', the collection team will be equipped with a two -way radio, which is linked to both the supervisor on duty and the Parking Director. 8 ENFORCEMENT AAA Parking shall provide enforcement officers based on the following: All general rules and regulations that are required of Collection Personnel will pertain also to Enforcement Officers. Specifically, Enforcement officers are to follow standard procedures for expired meters, abuse of meters, and writing citations for such parking meter violations. Each officer will be trained to perform in an efficient and expedient manner, with conduct becoming to AAA Parking and the City. AAA Parking will follow an enforcement schedule similar to the one presented in the attached Exhibits. Planned changes to the schedule for any month need to be forwarded to the City Manager or his designee at least five (5) business days prior to the start of the month. The changes should be clearly indicated on the schedule sheet for the month. AAA Parking will furnish the City with daily enforcement productivity reports summarizing enforcement citation output for each enforcement officer during all shifts. The report must show a breakdown by enforcement officer and the time-sequence citation output throughout each shift. A copy of the report is to be submitted to the City on a daily basis. AAA Parking will furnish the City with monthly maintenance activity reports summarizing all work completed during the previous month. The report is to be submitted to the Department no later than the 51h day of each month. All revenues generated as a result of fines and forfeitures shall belong to the City of South Miami. AAA Parking shall not receive any remuneration, cash revenues, credit or any form of compensation from parking violations, nor shall any quotas or goals be fixed, placed, or planned. ENFORCEMENT STAFF SCHEDULING AAA Parking will employ a staff of three (3) full time officers and one (1) part-time officer. The enforcement officers will be designated an area within the scheduled parking route/schedule in order to efficiently blanket the entire route/scheduled zones. Officers will be equipped with a two-way radio, which is linked to both the supervisor on duty and the Parking Director. 9 I EXHIBIT A ENFORCEMENT SCHEDULE COVERAGE REQUIREMENTS Coverage of the 17 hours of daily parking enforcement will be maximized. The Contractor shall make provisions to have enforcement personnel on duty to achieve minimum coverage requirements. Coverage for vacation, sick and other leave is the responsibility of AAA Parking and must be provided for in order to meet the coverage requirements. The following requirements will apply for all normal enforcement days *. Minimum No. of Parking Specific Enforcement Offices ** Enforcement Hours Coverage Hrs. Monday - Sunday 1 15.0 9:30AM - 11:30 PM Thursday 2 5.0 5:OOPM - 10:00 PM Fri day 2 8.5 3:OOPM - 11 :30 Midnight Saturday 2 8.5 3:OOPM - 11:30 Midnight Sunday 2 8.5 2:OOPM - 10:30PM TOTAL COVERAGE HOURS PER WEK 135.5 hours Single coverage: 7d x 15 hr. /d = 105 hrs. Double coverage: ld x 5.0 hr. /d = 5.0 hrs. ld x 8.5 hr. /d = 8.5 hrs. Id x 8.5 hr. /d = 8.5 hrs. 1d x 8.5 hr. /d = 8.5 hrs. *This includes holidays where parking enforcement will be in effect. * *For the double coverage requirements, some exceptions will be allowed during the contract period. Whenever possible, the Contractor's must make a written notification of this inability in advance to the City Manager or his designee. When a written notification is not feasible, verbal notification must be provided on the same day. Incidents where the double coverage requirement for a given day is not met without prior City approval are not to exceed 10 for any contract period. The personnel schedule provided on the following page (Exhibit 2A) reflects the coverage parameters outlined above. '1 00 m 2 W ZO O W I Z LU OWOO ��0 Q� W ° oho Z ° Q Q N W .. 2 I— Q W 0: C7Wf���° W CL LLJ 0 Ye �0 ? z CO w Qw LLZz W O (L U WO LLJ ZO ZPZ LL U.1 LU Z W �' Y YW L U) w U z W Q U O m Q U w Ij W z 0 O zz W w c w ° Q Y M U Lci WU) QO Z z ° Z O Q CO = Q � O 0 � > m Z = I N O v u � � M Q Cb o Y �Q) rl) u cd W w O U.1 u.1 =�O m � Zo o w O° ° Q O Ya-.W w O =N� >- W U �Q W (D - �s c a (D Q Z75 OU z coro5; w w X30 ti �- � > O LU o =�Q a ��� moo W Q Cl) v� 00 C) 0 cp C/) Q �F-ti w Z Z � W z 0�0 ' w =C?C� F— 2( O� w F• J Z D aaa� o= 0 0o O o o C) C) MN 0 w N s O a Q U IL ¢aa W maaa -�o w O M M d O M O O 0)cri�'� W � 2 p �"� ui � F— cn 2 n u u z u ° 1 ^� -. Z F— Qm0 O O Qw LL Q U) �. ILL CO U 0 Q 0 LL U) Q 0 U) W Q co' LL 0 z 0 w LL LL Q°°00 o co III F— QQ LL LL: U LL w 0 0 O z O Q Q LL O'U 0 Z L U) w U z W Q U O m Q U w Ij W z 0 O zz W w c w ° Q Y M U Lci WU) QO Z z ° Z O Q CO = Q � O 0 � > m Z = I N O v u � � M Q Cb o Y �Q) rl) u cd W w O U.1 u.1 =�O m � Zo o w O° ° Q O Ya-.W w O =N� >- W U �Q W (D - �s c a (D Q Z75 OU z coro5; w w X30 ti �- � > O LU o =�Q a ��� moo W Q Cl) v� 00 C) 0 cp C/) Q �F-ti w Z Z � W z 0�0 ' w =C?C� F— 2( O� w F• J Z D aaa� o= 0 0o O o o C) C) MN 0 w N s O a Q U IL ¢aa W maaa -�o w O M M d O M O O 0)cri�'� W � 2 p �"� ui � F— cn 2 n u u z u ° 1 ^� -. Z F— Qm0 O O ATTACHMENT 3 PROPOSER QUALIFICATION FORM The undersigned certifies that the information provided herein is true and sufficiently complete so as not to be misleading. Submitted by: Selig Parking, Inc. d /b /a AAA Parking 233 Peachtree Street, N.E., Suite 701 Atlanta, Georgia 30303 a Georgia Corporation 1. How many years have you been the successful Proposer of a Municipal Parking Facility /System? Thirty -Six Years 2. Give names, locations, and dates of operations of places where operated (local municipal experience preferred). Location /Description Type No. of Start Date Spaces a. Atlanta Civic Center Municipal 1038 June 1, 1967 b. Georgia Center & C World Congress Georgia Dome Municipal 4900 January 15,'1998 C. Georgia State University Municipal 3000 July 1, 1998 d. Emory University Private 2350 May 1, 1998 e. Piedmont Hospital Private 2330 May 3, 1993 f. Bank of America Plaza Corporate 1242 April 1, 2000 q. SunTrust Bank Corporate 1426 October 1, 1999 3. List below contact names, addresses, and telephone numbers for the operations listed above. Operation Contact /Address/ Telephone Anne Marie Moraitakis Director a. Atlanta Civic Center 395 Piedmont Ave. Atlanta, Georgia 30308 404.523.6275 John Smith General Manager b. Georgia World Center & GWCC Authority Georgia Dome 285 International Blvd. , NW Atlanta, Georgia 30313 404.223.4000 10 IOperation Contact/Address/ Telephone Roberta K. Byrum, CPA Associate V.P. of Finance Georgia State University C. Georgia State University Finance & Administration University Plaza Atlanta, Georgia 30303 404.651.2300 Bill Collier GM of Operations University Parking & Community d. Emory University Services 1701 Lowergate Drive Atlanta, Georgia 30322 404.727.1868 4.Has the Proposer defaulted on any previous agreement of similar scope? No Gary LaClair Director of Parking e. Piedmont Hospital 1968 Collier Road Atlanta, Georgia 30309 404.6!05.1739 Michael Hoffer Senior Property Manager f. Bank of America Plaza Cousins Properties 600 Peachtree St. NE Atlanta, Georgia 30308 404.888.3600 Kami E. Andrews Facility Manager g. SunTrust Bank SunTrust Real Estate Corporation P.O. Box 26665 Richmond, Virginia 23261 804.782.5021 4.Has the Proposer defaulted on any previous agreement of similar scope? No 5 Bank References: Joan Knaus Wachovia Bank of Georgia, N.A. 191 Peachtree Street, NE Atlanta, Georgia 30303 -1757 Tel: (404) 332 -4406 Kraig M. Ingalsbe Banking Officer Commercial Banking SunTrust Bank, Atlanta Mail Code 0097 50 Hurt Plaza Suite 1310 Atlanta, Georgia 30303 Tel: (404) 827 -6253 6. Provide at least three references as to the Proposer's experience and ability to promote, operate and maintain Parking Facility: 7. Have you carefully inspected the site? YES 8. Have any of the principals ever been convicted by a court of law of any violation other than traffic or parking violations? NO 9. Any pending litigation? NO If yes to questions 7, 8, or 9, please explain: N/A The Proposer understands that information contained in this qualification form is to be relied upon by the City of South Miami in awarding the proposed contract and such information is warranted by the Proposer to be true. 12 ATTACHMENT 4 FINANCIAL STATEMENT Attach a Financial Statement certified by either an appropriate Corporate Officer or an independent Certified Public Accountant. Provide any other information to establish Proposer's financial capability to provide the services required under this Management Agreement. SEE FINANCIAL STATEMENTS THAT FOLLOW l ,R l ` 13 Financial Report BA H, JAMES, MANSOUR & COMPANY, P.C. Certified Public. Accountwrts' LDT—Uj 57 E"ea u ee Park 5outK NC. Stilts It kiiirta Geogi. 30329= :340 . 1 1- on.. 404 63� � 1991 Fax. Mernbe(S 6' An ec can, IC stinuce.rJf Cat — fleu t' ID U' .A,-' oU1:mms and Tte Ga ; gin Swery Ct C ?4.s INDEPENDENT AUDITOR'S REPORT To the Beard of Direc:rrs Se;ig Driterprises, [tic, and subsidiaries We have audited the accompanying Ucnsolidated oelanca ^ees of Selig. Enterprises, Inc. !a Georgia Corporation and Subsidiaries as of Cecertoer 31, K-01 and 20!30, and the related consolidated statements of income, tockhaiders" ecuiy and cash flows or the years then enclec. These financial statements are ,he responsibility of the Ccmpany's management, Our responsibility is to express ar, opinion on these financial slat based on our audits. We conducted our auolts n accordance with auditing stanaards generally accepted in the Unitec States of rdmerca, Those standards require that we plan and penormr the audits to obtain reasonable assurance about whether the financial statements are f;ee of material misstatements. Ali audit includes examirnng, on p test basis: evidence supporting the amounts and discicsu.ea in the ,nancdl statements. An audit also includes assessing the accounting principles used and significant asturiates made by management, as well as evaluating the overall financial statement presentation. We be cave that our audits provide a reasonable basis for our opinion. n .g'S, the Dompany increased he carrying value of is real estate nvestments by $#C 333,Og7 to tef1ect a ertcn of ?.he r appraisal value at ttha: time. The oaiance of ;his increased °•raiue In :luded in these consolidated Fnanc.al statements as of Decernoer 1 201 and 2000's S6,512,355 (see Note f?. Under generally accepted accounting principles, such investments are recorded at the Dower of „wst or net realizable value rather than appraisal value, in our op neon, except for 'he effect of tie Cutters discussed In the pre --ding paragraph, the consolidated finarciOl s aternents referred to app e prese� €airly, i all met erial slaects th rali ial position of SeI(g Enterorses_ lrc and SurasEOiares as of L� stmoer .<1, ti1 and 2000 and the results o, �ls operations and cash flows 'or the , veers th B� ended in - riformity faith accoun ng Drin.,ly^Ie5 gene ally a:ceotec in the iUrited States of America. Atlanta. aecirgia i U ly ' 5, 2Gu2 15 Financial Report SELIG ENTERPRISES, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS 16 DECEMBER 31, tool 2000 Assets Real Estate Investments Operating properties - net of accumulated depreciation of $77,926;984 in 2001 and $69,549,676 in 2000 . 156;148,604 $ 154,5585,168 Tenant improvements - riot of amortization 13,416,2770 12,726,776 Lund - income producing 1,748,156 1,748,155 Land - non - income procudrg 8;412,424 8,412,424 2cp:} investment in partnerships 1;057783 2,5E6,890 Construction in progress 366 946,413' 17.198,157 Total Real Estate Investments 217.,72%649 197.2575570 Cash and Temporary Investments 7,015,680 5.505.311 Receivables Accounts and rents receivable - net of al :o,ransa for doubtfu accounts of$2 5,20 in 20C1 and $3,3,528 in 2000 3;975,591 6,245,357 Note redei'r'abie :.-i ,l v 268.,921. ?votes receivable from related parties 42:191,888 35,481 909 Total Receivables 46.486,672 41;996,187 Other Assets Leasehold interests In;car.ing lots 2,534 2,614 Cash surrender value officer. life insurance 1,231.189 1,326,909 Furniture and equipment - net of accumulated depreciation of .2,882,243 in 2001 and 52,731,146 in 2090 795,483 1.013.855 ?repaid expenses 374.524 387,796 .'tongs held :in escrow 6678,859 745,787 Deferred ban costs 2068. 726 2:153,197 ease -.mcellationi fees 203,6633 290,71 Deferred commissions ? 2,6°& 8774,261 .Advances on ' *e insurance 4,469,5592 3,646,234 Uher 310,085' 468.601 Toni Other Assets 11.107,603 10,809,521 Total Assets 3 282;339,804 8 255468,9219 The accompanying notes are an integral part of ;base financial statements 2 16 17 Financial Report SELIG ENTERPRISES, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF INCOME YEARS DECEMBER 31, 2001 2000 Operating Income Rental income 41,275,585 w 39,370,707 Tenant, imcursements 3,837,683 3,792,974 Percentage rents 786,300 702,065 Parking revenues 33,705;873 29,443,867 Other C,134;8(lr 6,541,574 Total Operating Income 85,793,456 79,851,187 Operating Expenses Property - real estate taxes 4,071,394 3,305,043 utilities 1,488,783 1,277,580 repairs & maintenance 2,318,588 2,265,945 agents` ommissio,ts 1,355 go9- 1,215,263 cleaning labor & supplies 680,774 642,975 security 302,709 249,861 insurance 1,419,382 i 60.162 Parking - parking labor& otpier direct ex;,ense 14,121;935 - 12,234,657 parking lot rent 20,167,333 1 8,802,746 Other 1,739;857 1,655,012 I otal Operating Expenses 47,716,724 43,309,246 Interest Expense on Mortgages (8 612;690) (8:604,523) income From Operations before Depreciation & Amortization 29,464,042 27,937,019 Depreciation and Amortization (5,€23,593) (5 590,415) income From Operations 21840;449 22,346,603 Otherincorne Gain (lossI on sale or conversion s"essets 1114 451): 60,424 Interest income 038, 271 2,374,999 t ultV ih .came of ? the shin 537 226 893,566 *otai Other Income 2,561,646 3,328,968 Other Expenses • Overhead 11 578;815) (10,287,3:m Income Before Minority Interest and Income Taxes 14,823 ;280 14,688,234 Minority interest and Income Taxes 1 rrcnt :rterast 125,266 ;r 58;962) urrenk r- 606,(334) 424,479! Geierred flax arov s an 146,504 n 97,699) 'coral Minority interest and income Taxes t5,a85,396} ?5,68 1,1401 Net Income S 9,237184 S 9,007,094 The accompanying notes are an integral part of these financial statements 4 18 Financial Report SELIG ENTERPRISES, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS The accompanying notes are an integral part of these financial statements 6 20 YEARS DECEMBER 31, 2001 200,0 Cash Flows From Operating Activities Net Income '$ 9.237,884 9,007,094 Aclustments to reconcile net income to net cast"I provided by operating activities Depreciation and amortization 5,x23,593 5,690,415 Provision, for deferred income taxes (146,504) 197,699 loss Bin) on sale or conversion of assets 1$ ;4x1 (60,424) Equity in 4icome of parmersnips (5537j826) (893,566) Minority interest 125,266 58,362 Decrease (Increase) in assets: Cash surrendervaiule of officer's life insurance (2-04,280) S-2 i 5 29); Accrued interest on notes receivable (64,208) 16,354 Lease canceilatlon expense 87,078 72,079 PrePaid assets 13.274 (2155.268) Defaued loan costs 84,471 {457;429! I Other assets (454,938) (5871153 Funds held in escrow 66,928 (46,745", kcoun is and rents receivable 2,269,766 (1,949,332) Deferred commissions (91.2,898) (12083) Increase ;decrease) in liabilities, Accounts payable and accrued expenses 2� U,882 ' 2 75,077) T k enam, deDcs;'s (6 8 '� 213,701 Net Cash Provided By Operating Activities 15,302,771 10,574,398 Cash Flows From Investing Activities Issuance o'notes receivable (9,239,209) t'0,407,57-3) Acquisition of real estate investments 23,864,559) (24,085,889) Adclitions to existing real estate investments (1,686,546) (1,814,045) Purcl.ase of furrlifure & equipment (276,487) Disimbutions from partnershi.ips 1,872,943 496,980 Collection on notes receivable 2,543,166 13,937,688 Proceeds from real estate cispiosificins 54,600 3,848,616 Not Cash Used By Investing Activities (30,404,213) 128,300,71131 Casr', Flows From Financing Activities Proceeds from mortgage notes 18,320,000 15,371,764 P,,­ee,�J_ fronn, issuance of notes & srton:-[crrn banx borrowing 4,708,Q00 9,99a.co Prilrldpal pa rents or morigage notes l6,415,989 Not Cash Provided By Financing Activities 16,612,01, " 18,014,269 Nat Increase in Cash and Cash Equivaifents 1,510.569 287,954 Cash and Cash Equivalents - Beginning of Period 15 1 5 05, 31 1L .5,217,357 Cash and Cash Equivalents • End of Period S 7,0155.880 $ 151505.311 The accompanying notes are an integral part of these financial statements 6 20 21 ;r' 22 Financial Report BACK, JAMES, MANSOUR & COMPAW, P.C. Certified Put:ihc Accoun iarntsi 57 Exe.uti _ N J Jt:l, NE. 3wee 100 Awn. Georgia 3312.' -2290 Phone 404- 633 -195: Fax: 404.633 -0088 Members of American ii sujte of Canned Pubk Accountants and The Georgia society of CPAs INDEPENDENT AUDITOR'S REPORT To The Board of Directors Selig Enterprises, Inc. and Subsidiaries Atlanta; Georgia We have audited the accompanying consolidated balance sheets of Selig Enterprises, Inc. (a Georgia Corporation) and Subsidiaries as of December 31, 1999 and 1998. These consolidated financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these consolidated financial statements based an our audits: We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatements. Ail audit includes examining, on a test basis, evidence supporting the amounts and disclosures, in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In 1976, the Company increased the carrying value of its real estate investments by $10,000,000 to reflect a Portion of their appraisal value at that time. The balance of this increased value included in these consolidate financial statements as of December 31, and 1998 is $6,560,933 and 56,582,542 respectively, tinder generally accepted accounting principles, such investments are recorded at the lower of cost or net realizable value ratherthan appraisal value. In our opinion, except for the effect of the matters discussed in the preceding paragraph, the consolidated balance sheets referred to above presents fairly, in all material respects, the financial position of Selig Enterprises, Inc. and Subsidiaries as of December 31, 1999 and 1998, in conformity with generally accepted accounting principles. JAo,G3 P.C. Atlanta, Georgia August 8, 2000 23 r 77 Financial Report SELIO ENTERPRISES, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS ASSETS Total Receivables 9999 1998 REAL ESTATE INVESTMENTS Operating properties - net of accumulated depreciation of 2,693 2,772 $66,611,761 In 1999 and S65,239,077 in 1998 $ 155,626.579 $ 145,134,178 Tenant improvements - net of amortization 1.1,853,805 13,540,489 Land - income producing 1,125;786 1,125,786 Land - non - income producing 6,911;161 7,026,704 Equity investment in partnerships 1,448.135 979;817 Construction in progress 2,906:373 1 898,119 Total Real Estate Investments 179,871.839 170,745,093 CASH AND TEMPORARY INVESTMENTS 5,217,357" 4.654,229 RECEIVABLES 3,41916 24 2,604,227 Accounts and rents receivable (less allowance for doubtful 508,062 379.794 accounts of $ 1.52,385 in 1999 and $1139,891 in 1998) 4,296,025 2,962,361 Notes receivable 174438 188,961 Was receivable from related parties 28 868 637 28 486 436 Total Receivables 33,339.100 31,637,758 OTHER ASSETS Leasehold interests in parking lots 2,693 2,772 Cash surrender value officers' life insurance 864;380 678,681 Furniture and equipment - net of accumulated depreciation of $2,355,479 in 1999 and $2,046,865 in 1998 1,111,026 803,485 Prepaid expenses 362,530 118;038 Funds held in escrow 2,281,151 396,325 Deferred loan costs 1 695,768 1,6" 6,136 Lease cancellation fees 362,790 4'. 8.474 Deferred commissions 749,87E 1,018,036 Advances on life insurance 3,41916 24 2,604,227 Other 508,062 379.794 Total Other Assets 11,157,902 8;035,966 TOTAL ASSETS $ 229.586:198 -L-Z15 033.046 24 2 0 I I ATTACHMENT 5 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by CITY OF SOUTH MIAMI (Print name of the Public Entity) for Ronald F. Williams (Print Individual's Name and Title) SELIG Parking, Inc. d/b/a AAA PARKING (Print name of entity submitting sworn statement) whose business address is: 233 Peachtree Street, N.E., Suite 701 Atlanta, Georgia 30303 and (if applicable) its Federal Employer Identification Number (FEIN) is FEIN # 581-431-387 (If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement.) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charge brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2 An entity under the control of any natural person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public,entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e) Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise 26 transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). Neither the entity submitting this sworn statement, or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of `a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted proposer list. (Attach a copy of the Final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC 'ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. � � ignature) Sworn to and subscribed before me this day of ,2003 . Personally known /f h t fjCYL�� Or Produced identification (/ Notary Public-State of Georgia, (Type of Identification) My Commission expires (Printed, typed, or stamped commissioned name of notary public) 27 ATTACHMENT 6 DISABILITY NON- DISCRIMINATION STATEMENT THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to City of South Miami for : Ronald F Williams . AoL 0K (Print Individual's Name and Title) SELIG Parking Inc d /b /a AAA PARKING (Print name of entity submitting sworn statement) whose business address is: 233 Peachtree Street, N.E., Suite 701 Atlanta, Georgia 30303 and (if applicable) its Federal Employer Identification Number (FEIN) is FEIN # 581- 431 -387 (If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement.) I, being duly first sworn state that the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any Sub - Contractor, or third party_ contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans- with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 1210112213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications and Title V, Miscellaneous Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1 1993, Sections 5553.501- 553.513, Florida Statutes. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended 42 U.S.C. Section 3601 -3631 ��"idlt (signatu'r'e ) K J {�y t7 Sworn to and subscribed before me this _day o ,2003 Personally known Or Produced identification Notary Public -State of Georgia (Type of Identification) My Commission expires (Printed, typed, or stamped :`�111] 28 SO 1JT T South Miami ° CITY OF SOUTH MIAMI n fteftft • —O PQRA� ' Excellence, Integrity, Inclusion zoo, P TO: Honorable Mayor, Vice Mayor DATE: July 22, 2003 & City Commission A FROM: Maria V. Davis ITEM No., City Manager s RE: Rule of 70 Study / Early Retirement Incentive Program ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR AN INCENTIVE FOR EARLY RETIREMENT FOR ELIGIBLE EMPLOYEES OF THE CITY OF SOUTH MIAMI TO INCLUDE A RULE OF SEVENTY (70)9 PURCHASE OF PRIOR SERVICE AND AN ADDITIONAL FIVE PERCENT (5 %) BENEFIT ON RETIREMENT WITHIN A SPECIFIED PERIOD OF TIME; PROVIDING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE BATE, BACKGROUND The City Commission directed the City Manager to provide early retirement incentives to eligible employees. The City recognizes that this early retirement incentive would actuarially impact the pension plan. This incentive program is a voluntary option to eligible employees. The Pension Plan for General Employees currently provides for normal retirement of 55 years of age and 0 years of credited service. The normal retirement date for Police Officers is the completion of twenty -five years of credited police service, regardless of age, or attainment of age 60 and completion of ten (10) years of credited police service. ­77- -„" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAlVH PENSION PLAN, PROVIDING FOR AN INCENTIVE FOR EARLY RETIREMENT FOR ELIGIBLE EMPLOYEES OF THE CITY OF SOUTH MIAMI TO INCLUDE A RULE OF SEVENTY (70), PURCHASE OF PRIOR SERVICE AND AN ADDITIONAL FIVE PERCENT (51% o) BENEFIT ON RETIREMENT WITHIN A SPECIFIED PERIOD OF TIME; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide an early retirement incentive for 17 eligible employees; and 18 WHEREAS, the City recognizes that such early retirement incentives will actuarially 19 impact the Pension Plan and shall be at the option of eligible employees; and 20 WHEREAS, the City Commission has received and reviewed an actuarial impact 21 statement related to such early retirement incentives. 22- NOW, THEREFORE, BE;IT ORDAINED BY THE CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA, THAT: 24 Part I. Provisions governing the South Miami Pension Plan. 25 Section 1: Sec. 16-13. Eligibility. 26 (e) Notwithstanding the above sub- sections, any participant that elects 27 to retire after September 30, 2003` and before December 1, 2003 28 whose attained age plus credited service is equal to or greater than 29 seventy (70) shall receive an retirement incentive of five percent 30 (5 %) provided: 31 32 1. Credited service for purposes of this retirement incentive 33 shall mean at least ten (10) years including up to five (5) 34 years of purchased prior service as described below: 35 36 Page 1 of 1 1 i. Participants opting for this retirement incentive shall be 2 entitled to purchase up to five (5) wears of credited 3 service for any governmental law enforcement 4 (including_ service with the City of South Miami) or 5 military service (in the armed services of the United 6 States, including the United States Coast Guard and 7 Merchant Ma rine) prior to the latest employment by the g City of South Miami. 9 10 ii. The full actuarial cost of such prior service shall be 11 shared on an equal basis between the participant and the 12 C of South Miami, fifty percent 50 %) each by the 13 participant and the City. 14 15 iii. The participant shall have until January 1, 2004 to make 16 full payment of the participant's share of the cost for 17 any purchased prior service. 18 19 2. The five percent (5 %) retirement incentive shall be applied 20 as an increase in the participant's pension benefit'. 21 22 Section 2 Should any section or provision of this Ordinance or portion hereof, any 23 paragraph, any sentence, or word, be declared by a court of competent jurisdiction to be 24 invalid, such decision shall not affect the validity of the remainder of this ordinance. 25 Authority is hereby granted to codify this Ordinance. '26 -0tion 4: This Ordinance shall become. fective. upon adoption. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED and ADOPTED this day of , 2003 ATTEST CITY CLERK 1 st Reading - 2nd Reading - READ AND APPROVED AS TO FORM CITY ATTORNEY G: \ \SMPF \PLAN \Retirementlncentive -ORDN MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Russell: Comm. Wiscombe: Comm. McCrea: Comma Bethel: ti Consultants & Actuaries 301 East Las Olas Blvd. • Suite 200 • Ft. Lauderdale, FL 33301 -2254. 954- 527 -1616 • FAX 954 - 525 -0083 July 2, 2003 Ms. Jeanette Enrizo- Navarro Pension Administrator City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Rule of 70 Study with Buy Back of Service and 5% Benefit Increase as of October 1, 2003 Dear Jeanette: As requested, we have updated our Actuarial Studies dated April 11 and April 21, 2003 to determine the cost to open an early retirement incentive program (ERIP) for active members for the period ending September 30, 2003. Eligible members must satisfy the Rule of 70. For purposes of this Study, a member is eligible for the Rule of 70 ERIP if the sum of attained age plus credited service (minimum ten (10) years including purchasable service maximum five years) is equal to or greater than 70. We have calculated the incremental increase in Retirement Plan cost after consideration of the buy back service with a five percent (5 %) increase in benefit level. As in the previous Actuarial Studies, we have not calculated the cost of any proposed health insurance coverage enhancements. Background - The Plan currently provides for a normal retirement date of the earlier of attainment of age 55 and completion of ten (10) years of credited service for General Employees and provides for a normal retirement date of the earlier of (1) attainment of age 60 and completion of ten (10) years of credited service or (2) completion of twenty- five (25) years of credited service regardless of age for Police Officers. Results - In our current Actuarial Study, we have performed the necessary calculations to determine the incremental annual cost of the Rule of 70 ERIP after consideration of the buy back service including a five percent (5 %) increase in benefits determined for each eligible member. Attached please find an Exhibit with updated Study results for eligible members based upon data reported by the City. This information is broken out by individual member. The following is a summary of costs developed and assumes that all eligible members opt I i Ms. Jeanette Enrizo - Navarro July 2, 2003 Page Two for the proposed benefits (worst case).: Costs developed for the buy back reflect the results of the October 1 2001 Actuarial Valuation. Actuarial Assumptions and Methods, Financial Data and Member Census Data — The actuarial � assumptions and methods and member census data employed for purposes of our Study are the same actuarial assumptions and methods and financial data used for the October 1 2001 Actuarial Valuation, ;except that 'actual earnings (10/1/2001 9/30/2002), current rate of pay and years of purchasable service for eligible members have been provided by the City. Actuarial Impact Statement - We were also requested to perform an Actuarial Impact Statement based on the results of this Study. After you have carefully reviewed these results, please let us know if all members included in this Study are to be included in the Actuarial Impact Statement. Some of the members included in this Study will not be eligible for immediate benefits on October 1, 2003 under the Rule of 70 unless they buy back service (Masons, Morado and Rubio). We Took forward to discussing the results of our Actuarial Study with the interested parties and to responding to any questions that may arise. Sincerest regards, Lawrence F. Wilson, A.S.A. Senor Consultant and Actuary Enclosure cc: Mr. Ken Harrison, Esq. Ms. Haydee Lopez Mr. Hakeem Oshikoya, C.P.A. GABRIEL, ROEDER, SMITH & COMPANY Increase in Incremental Annual Citv Cost: General ` < Police All Participants ' Payroll $ 340,621 $ 326,294 $ 666,915 Cost of Service Buy Backs $ 120,159 $ 77,712 $ 197,871 Rule of 70 with Buy Back Service and 5 %Increase — Annual Cost $ 33,267 $ 26,803 $ 60,070 Actuarial Assumptions and Methods, Financial Data and Member Census Data — The actuarial � assumptions and methods and member census data employed for purposes of our Study are the same actuarial assumptions and methods and financial data used for the October 1 2001 Actuarial Valuation, ;except that 'actual earnings (10/1/2001 9/30/2002), current rate of pay and years of purchasable service for eligible members have been provided by the City. Actuarial Impact Statement - We were also requested to perform an Actuarial Impact Statement based on the results of this Study. After you have carefully reviewed these results, please let us know if all members included in this Study are to be included in the Actuarial Impact Statement. Some of the members included in this Study will not be eligible for immediate benefits on October 1, 2003 under the Rule of 70 unless they buy back service (Masons, Morado and Rubio). We Took forward to discussing the results of our Actuarial Study with the interested parties and to responding to any questions that may arise. Sincerest regards, Lawrence F. Wilson, A.S.A. Senor Consultant and Actuary Enclosure cc: Mr. Ken Harrison, Esq. Ms. Haydee Lopez Mr. Hakeem Oshikoya, C.P.A. 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