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09-16-03... South Miami / , ,.� � �''S{K'v!ir•� j g�gVY�sf'YSV��9eJ SUMMARY City Commission Meeting Meeting date: 16, 2003 6130 Sunset Drive, South Miami-, FL Next Regular • Meeting Date: October 7, 2003 Phone: (305) 663 -6340 Time: 7:30 PM CONSENT RESOLUTON NO. 147 -03 -11697 \4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNITED STATE'S DEPARTMENT OF JUSTICE, LOCAL THE ENFORCEMENT BLOCK GRANTS FY 2'003/05, IN THE AMOUNT OF $20,714 FOR THE PURPOSE OF ENHANCING THE CRIME SUPRESSION TEAM FOR THE POLICE DEPARTMENT; TO DESIGNATE AND TRANSFER $2,302 FROM THE POLICE FEDERAL FORFEITURE' OPERATING ACCOUNT #615 -1910 -5210 -6430 TO THE POLICE FEDERAL FORFEITURE OVERTIME ACCOUNT #615- 1910 - 521 -1410 AS MATCHING FUNDS, AS REQUIRED BY THE ;'GRANT; DIRE.CTINT THE FINANCE DIRECTOR TO SET UP A SPECIAL ACCOUNT NUMBER FOR THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION NO. 148 -03 -11698 5. A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FORMER K -9 OFFICER RICHARD MUNOZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K -9 BUSTER FOR THE SUM OF $1.00; AND PROVIDING AN EFFECTIVE DATE. (City Manager) 3/5 REGULAR CITY COMMISSION Z AFTER ACTION SUMMARY - September 16, 2003 Tom, �, ±�,z"€�r:s��„-"-�:�:—;�— ,c - ,,��c�.,. �;a:'�,.. �•; RESOLUTION NO. 149 -03- 11699 6. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER SAM VELEZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K =9 NARCO FOR THE SUM OF $1.00; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION NO. 150 -03- 1170.0 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT.WITH K -9 OFFICER NORMA WATERMAN TO PURCHASE AND ASSUME ; FULL LIABILITY FOR K -9 BRONCO FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION NO. 151 -03 -11701 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ' K -9 OFFICER NORMA WATERMAN TO PURCHASE AND ASSUME FULL LIABILITY FOR K -9 WILKO FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION NO. 152 -03- 11702' 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, DECLARING THE ATTACHED PERSONAL PROPERTY LISTING AS "SURPLUS" BY THE CITY COMMISSION AND AUTHORIZING THE CITY MANAGER TO (A) ENTER INTO A CONTRACT (B) WITH FISHER AUCTION CO. INC.' (C) IN AN 'AMOUNT NOT TO EXCEED $1,600.00 FOR MARKETING AND ADMINISTRATION SERVICES ASSOCIATED WITH THE CITY'S AUCTION AND CHARGING THE DISBURSEMENTS TO THE CITY'S UPCOMING AUCTION TO BE PAID FROM THE AUCTION''S PROCEEDS, ACCOUNT NUMBER 001 -0000- 369.9201 TITLED "MISCELLANEOUS REVENUE` ACCOUNT "; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION NO. 153 -03 -11703 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, _FLORIDA,_ RELATING TO COMPLIANCE WITH 'GASB 34 AUTHORIZING THE CITY MANAGER TO ENTER' INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $22,500.00 FOR THE FEES REGULAR CITY COMMISSION 2 AFTER ACTION SUMMARY September 16,'2003 ASSOCIATED WITH PERFORMING VALUATION OF CITY PROPERTIES AND PREPARING APPRAISAL VALUATION REPORT; AND ACQUISITION OF ASSET MANAGEMENT SOFTWARE CHARGING AN AMOUNT NOT EXCEEDING ,$17,500.00 TO ACCOUNT NUMBER 001- 2100- 519 -3450, TITLED NON DEPARTMENT CONTRACTUAL ACCOUNT AND $5,000.00 TO ACCOUNT NUMBER 001- 0000= 219.5300, TITLED ESCROW COMPUTER NETWORK; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION NO. 154 -03- 11704 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT 'WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED $37,506; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION NO. 155 -03- 11705 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, MODIFYING RESOLUTION NO.' 27 -03 -11576 RELATED TO SPECIAL EVENTS, IN ORDER TO REVISE A POLICY RELATED TO REQUIRING A SIGNATURE PETITION FROM BUSINESSES IMPACTED BY A SPECIAL EVENT; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Vice Mayor Russell, seconded by Commissioners McCrea and Wiscombe to ,approve the Consent Agenda. Motion passed by a 5 -0 vote. Commissioner Wiscbmbe:'Yea Vice Mayor Russell: Yea Commissioner McCrea: Yea; Commissioner Bethel: Yea; Mayor Feliu. Yea. ORDINANCE (S) SECOND READING PUBLIC HEARING (S) None RESOLUTION (S) /PUBLIC HEARING (S) RESOLUTION NO. 156 -03- 11706 13. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-3.5(F) OF THE LAND DEVELOPMENT CODE TO ALLOW` THE MIMIMUM SIZE OF A BUILDING SITE TO BE 13,400 SQUARE FEET, WHERE A MINIMUM OF 15,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RM -24" MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL USE DISTRICT, MORE REGULAR CITY COMMISSION AFTER ACTION SUMMARY September 16, 2003 3 SPECIFICALLY LOCATED AT 5864 SW _74 TERRACE, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT 3, BLOCK 2 "FAIRGLADE MANOR" PLAT BOOK 45 PAGE 79 (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF SEVEN UNIT MULTI - FAMILY RESIDENTIAL BUILDING) AND PROVIDING FOR AN EFFECTIVE DATE'. 4/5 (City Manager) Moved by Vice Mayor Russell, seconded by Commissioner. Bethel to approve this item. Motion passed by a 5 -0 vote. Vice Mayor Russell: Yea; Commissioner McCrea: Yea; Commissioner Bethel: Yea; Commissioner Wiscombe: Yea; Mayor Feliu: Yea. RESOLUTION (S) RESOLUTION NO. 157 -03- 11707 14. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTING A CONTRACT WITH STROYNE BROS. SOUTH,, INC. FOR -THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Russell, seconded by Commissioners Wiscombe and Bethel to approve this item. Motion passed by a 5 -0 vote. Commissioner McCrea: Yea Commissioner Bethel: Yea;' Commissioner Wiscombe: Yea Vice Mayor Russell: Yea; Mayor Feliu: Yea. 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING DECORUM; AUTHORIZING THE CITY MANAGER TO PURCHASE LIMITIMER PRO -1000; FUNDS TO BE DISBURSED FROM THE CASH RESERVE; PROVIDING AN EFFECTIVE DATE 4/5 (Commissioner McCrea) Moved by Commissioner McCrea, seconded by Vice Mayor Russell to approve this item. Motion failed by a 1 -4 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Nay Vice Mayor Russell: Nay; Commissioner Bethel: Nay Mayor Feliu: Nay. Resolution No. 158 -03 -11708 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING FTAA'S EFFORTS TO PROMOTE MIAMI AS THE NATURAL LOCATION FOR THE REGULAR CITY COMMISSION 4 AFTER ACTION SUMMARY - September 16, 2003 ? , .. , �r� ° +x �^�, -�,� -� mss.:. "� r . a ,.,:. ��€'� �.,,,A°,,� ,:r^ ,r•— �=�° -T 7.'� m,��°r:^ :. "_T,r �'�"� "�,�,' -�.' PERMANENT SECRETARIAT OF THE FREE TRADE. AREA OF THE AMERICAS; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Russell) Moved by Vice Mayor Russell and seconded` by Commissioner McCrea, to approve this item. Motion passed by a 5 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea; 'Commissioner Bethel: Yea; Mayor Feliu: Yea. 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES; AUTHORIZING THE FINANCE DIRECTOR TO ISSUE PAYMENT OF A RETAINER FEE OF $10,000 FROM THE CASH RESERVE FUND TO RETAIN BRUCE S. ROGOW, P.A. PROVIDING AN EFFECTIVE DATE 4/5 (City Attorney) Moved by Commissioner McCrea, seconded by Commissioner Bethel to defer this item. Motion passed by a 5 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe Yea Vice Mayor Russell: Yea; Commissioner Bethel: Yea; Mayor Feliu: Yea. Resolution No. 159 -03 -11709 18. 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 STORMWATER' RETROFIT IMPROVEMENTS PHASE, 1 CONSTRUCTION AT AN AMOUNT OF $145,685.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT' PUBLIC WORKS DEPATMENT CONSTRUCTION CONTRACTUAL SERVICES AND THE CITY'S LOCAL OPTION GAS TAX (FY` 2002/03 & 2003/04) ACCOUNT NUMBERS 001 -0000- 132 -20601 001 -1790- 519 -3450 AND 112- 1730 - 541 -4640; PROVIDING FOR AN EFFECTIVE DATE, 3/5 (City Manager) I Moved by Vice- Mayor Russell, seconded by Commissioner Bethel and Wiscombe to approve this item. Motion passed by a 4 -0 vote. Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea;_ Commissioner Bethel: Yea; Commissioner McCrea was out of the room; Mayor { Feliu: Yea Resolution No. 160 -03 -11710 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT` WITH T J PAVEMENT 1 CORP.' FOR AN AMOUNT OF $9,000 AND WITH DISBURSEMENT TO REGULAR ,CITY COMMISSION 5 AFTER ACTION SUMMARY - September 16, 2003 , COME FROM PUBLIC WORKS DEPARTMENT'S MAINTENANCE & REPAIR - STREET & PARKWAY ACCOUNT NUMBER 001- 1730 -541 4640; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice -Mayor Russell,; seconded by Commissioner Bethel to approve this item. Motion passed by a ,4 -0 vote.; Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea; Commissioner Bethel: Yea; Commissioner McCrea was out of the room; Mayor Feliu Yea Resolution No. 161 -03 -11711 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO PERSONNE MATTERS AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT AGREEMENT WITH'PBA BARGAINING UNIT TO SATISFY AN UNFAIR LABOR PRACTICE CLAIM AND REINSTATE OFFICER JEFFREY GRIFFIN BACK TO SERGEANT RANK, AND AUTHORIZING PAYMENT OF RETROACTIVE PAY FROM ACCOUNT NUMBER 01- 19`10- 521 -1210 IN THE AMOUNT OF $4,000' DOLLARS, PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Vice -Mayor Russell, seconded by Commissioner Bethel to approve this item. Motion passed by a 5 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea; Commissioner Bethel: Yea; Mayor Feliu: Yea. Resolution No. 162 -03 -11712 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY CLERK ACCEPTING THE RESIGNATION OF RONETTA TAYLOR; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Commissioner McCrea, seconded by Mayor Feliu to approve this item. Motion passed by a 5 -0 vote. Commissioner McCrea Yea Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea Commissioner Bethel: Yea; Mayor Feliu: Yea. Resolution No. 163 -03 -11713 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY CLERK; APPOINTING MARIA M. MENENDEZ AS ACTING CITY CLERK ON AN INTERIM BASIS UNTIL A PERMANENT CITY CLERK IS APPOINTED; PROVIDING FOR COMPENSATION AND PAY GRADE' ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner McCrea) REGULAR CITY COMMISSION 6 AFTER ACTION SUMMARY - September 16, 2403 Moved by Commissioner McCrea, seconded by Mayor Feliu to approve this item. Motion passed by a'5 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea;' Commissioner Bethel: Yea; Mayor Feliu: Yea. 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CITY CLERK; ESTABLISHING CRITERIA AND GUIDELINES FOR SELECTION PROCESS FOR CITY CLERK; PROVIDING AN EFFECTIVE. DATE: 3/5 (Commissioner McCrea) Moved by Commissioner Wiscombe, seconded by Commissioner McCrea to defer this item. Motion passed by a 5 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea; Commissioner Bethel Yea; Mayor Feliu Yea, Resolution No. 164 -03 -11714 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO THE COMMISSION FOR WOMEN;, ESTABLISHING AN APPLICATION PROCESS FOR THE NOMINATION OF WOMEN TO THE "WOMEN OF VISION WALL" LOCATED IN CITY HALL; PROVIDING AN EFFECTIVE' DATE. 3/5 (Vice Mayor Russell) Moved by Vice -Mayor Russell, seconded by, Commissioners Wiscombe and McCrea to approve this item: Motion passed by a 5 -0 vote. Commissioner' - McCrea Yea; Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea; Commissioner Bethel: Yea Mayor Feliu Yea. 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF EXPENDITURES INCURRED PRIOR TO AND DURING THE WEATHER EMERGENCY RESULTING FROM HURRICANE ISABEL, AND AUTHORIZING THE CITY MANAGER TO PREPARE FOR A POSSIBLE IMMINENT STORM, PROVIDING AN EFFECT DATE. 3/5 (City Manager) Moved by Vice- Mayor Russell, seconded by Mayor Feliu and Commissioner Wiscombe to defer this item. Motion passed by a 5 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Yea; Vice Mayor Russell: Yea Commissioner Bethel Yea,; Mayor Feliu: Yea. Resolution No. 165 -03 -11715 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; AUTHORIZING THE USE OF CASH RESERVE FUNDS TO PAY UNFUNDED ATTORNEYS' FEES FOR NAGIN GALLOP'FIGUEREDO, REGULAR CITY COMMISSION % AFTER ACTION SUMMARY'- September 16, 2003 i P.A. I THE AMOUNT OF $45,783.96 PRLVIDING AN AFFECTIVE DATE (City Attorney) Moved by `Mayor Feliu, seconded by Commissioners McCrea and Bethel to approve this item. Motion passed, by a 4 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Yea Vice Mayor Russell was our of the room; Commissioner Bethel: Yea; Mayor Feliu: Yea. Resolution No. 166 -03 -11716 27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; AUTHORIZING THE USE OF CASH RESERVE FUNDS TO PAY UNFUNDED ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF $6,348.14; PROVIDING AN EFFECTIVE.DATE, 3/5 (City Attorney) Moved by Commissioner McCrea and seconded by Wiscombe to approve this item. Motion: passed by a 5 -0 vote. Commissioner McCrea Yea; Commissioner Wiscombe: Yea; Vice Mayor .Russell Yea; Commissioner Bethel: Yea; Mayor 'Feliu: Yea. ORDINANCE (S) ,FIRST READING (S) 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE;MILLAGE OF 7.373 WHICH EXCEEDS THE ROLLBACK RATE BY 26.42% AND RESULTING IN 15.69% IN PROPERTY TAX RATE IN THE CITY OF SOUTH' MIAMI, FLORIDA, FOR THE FISCAL YEAR 2003/2004 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE, 3/5 (City Manager) Moved by Commissioner McCrea and - seconded by Commissioners Wiscombe and Bethel to approve this item. Motion passed by a 5 -0 vote. Commissioner McCrea Yea Commissioner Wiscombe: Yea; Vice Mayor Russell Yea; Commissioner Bethel: Yea; Mayor Feliu: Yea. 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $13,229,818; AND TENTATIVE PAY PLAN FOR THE 2003/04 FISCAL YEAR; PROVIDING FOR 5EVERABTLITY'; ORDINANCES IN' CONFLICT AND AN EFFECTIVE DATE. 3/5 (City Manager` REGULAR CITY COMMISSION 8 AFTER ACTION SUMMARY - Septe.mber 16, 2003 Moved by Commissioner McCrea and seconded by Commissioner Bethel to approve this item (as: amended). Motion passed by a'5 -0 vote. Commissioner McCrea Yea Commissioner Wiscombe: Yea; Vice Mayor Russell Yea Commissioner Bethel: Yea; Mayor Feliu: Yea. 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. i I j - y r { REGULAR, CITY COMMISSION 9 AETER ACTION SUMMARY - September 16, 2003. me� AL 1 RESOLUTION NO. - "c;r92 (VC's i 0 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE :CITY OF SOUTH MIAMI, FLORIDA, RELATING TO �! 5 ATTORNEYS' FEES; AUTHORIZING THE USE " OF CASH r 6 RESERVE FUNDS TO PAY UNFUNDED ATTORNEYS' FEES.- - 7 FOR NAGIN GALLOP FIGUEREDO P.A. IN THE AMOUNT OF 8 $45, 783.96; PROVIDING AN EFFECTIVE DATE Y� 9 10 WHEREAS, the office of the city attorney, Nagin Gallop Figueredo, P.A., 11 submitted invoices to the City for legal services rendered, and costs advanced, for 12 the period pending August 31, 2003, in the amount of $45,783.96; and, 13 14 WHEREAS, the city attorney requests the mayor and city commission to 15 authorize the use of funds in the cash reserve to pay the unfunded balance. 16 17 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 19 20 Section 1. The use of cash reserve is authorized to pay the unfunded 21 total balance due for attorneys' fees and costs in the amount of $45,783.96. 22 23 Section 2. The Finance Director is directed to pay the balance due. 24 25 Section 3. This resolution shall take effect immediately upon approval. 26 27 PASSED AND ADOPTED this day of September, 2003. 28 29 ATTEST: APPROVED: 30 31 32 CITY CLERK MAYOR 33 34 . 35 COMMISSION VOTE: 36 READ AND APPROVED AS TO FORM: Mayor Feliu: 37 Vice Mayor Russell; 38 Commissioner Wiscombe: 39 CITY ATTORNEY Commissioner Bethel: 40 Commissioner McCrea: 41 42 \ \02srvplaw \prolaw \Documents \0022 \DAJ \19329,doc Reso - NGF September 2003 Statements Additions shown by underlining and deletions shown by ever-str-ikin l 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; AUTHORIZING THE USE OF CASH,�� 6 RESERVE FUNDS TO PAY UNFUNDED ATTORNEYS' FEES 7 FOR KURZBAN KURZBAN WEINGER, & TETZELI, P.A. IN 8 THE AMOUNT OF $6,348.14; PROVIDING AN EFFECTIVE 9 DATE. _ 10 11 WHEREAS, Mark Richman Properties, Inc. initiated litigation against the 12 City of South Miami in which it seeks specific performance under a lease 13 agreement and, or, damages for an alleged breach of contract pertaining to the 14 proposed development of the SW 73 Street parking lot; and, 15 16 WHEREAS, with the city commission's consent, the city attorney retained 17 special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to defend the 18 lawsuit; and, 19 20 WHEREAS, Kurzban Kurzban Weinger & Tetzeli, _ P.A. submitted an 21 invoice to the City for legal services rendered, and costs advanced, for the period 22 ending July 31, 2003, and there is an unfunded balance due of $6,348;14; and, 23 24 WHEREAS, the city attorney recommends payment of the attached invoice 25 as the amount of fees and costs are reasonable and necessary.' 26 27 WHEREAS, the city attorney requests the mayor and city commission to 28 authorize the use of funds in the cash reserve to pay the unfunded balance, 29 30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1 The use of cash reserve is authorized to pay the unfunded 34 balance due for attorneys' fees and costs in the amount of $6,348.14. 35' 36 Section 2. The Finance Director is directed to pay the balance due. 37 38 Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by oveFs}g. 1 2 PASSED AND ADOPTED. this day of September, 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 \19307.doc' -Reso - Kurzban August. 2003 Statement 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 Miami 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT 4 A`RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE,, LOCAL LAW ENFORCEMENT BLOCK GRANTS FY 2003/05, IN THE AMOUNT OF $20,714 FOR THE PURPOSE OF ENHANCING THE CRIME SUPRESSION TEAM FOR THE POLICE DEPARTMENT; TO DESIGNATE' AND TRANSFER $2,302 FROM THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT #615- 1910- 5210 -6430 TO THE POLICE' FEDERAL FORFEITURE OVERTIME ACCOUNT #615 -1910- 521 -1410 AS MATCHING FUNDS, AS REQUIRED 'BY THE GRANT; DIRECTINT THE FINANCE DIRECTOR TO SET: UP A SPECIAL ACCOUNT. NUMBER FOR THE GRANT; 'AND 'PROVIDING FOR AN EFFECTIVE DATE. 3/5' (City Manager) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE , ; ' CITY OF SOUTH MIAMI FLORIDA , AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FORMER K -9 OFFICER RICHARD MUNOZ TO PURCHASE AND ASSUME FULL' LIABILITY FOR RETIRED K -9 BUSTER FOR THE SUM OF $1.00 AND PROVIDING AN EFFECTIVE DATE'. (City Manager) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER SAM VELEZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K' -9 NARCO FOR THE SUM OF $1.00; AND PROVIDING FOR AN EFFECTIVE DATE'. 3/5 (City Manager) 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,. FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER NORMA' WATERMAN TO PURCHASE AND ASSUME FULL LIABILITY FOR K -9 BRONCO FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE, 3/5 (City Manager) REGULAR CITY COMMISSION 2 AGENDA - September 16 2003 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER V, NORMA WATERMAN TO PURCHASE AND ASSUME FULL LIABILITY FOR K' -9 WILKO FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE' DATE. 3/5 (City Manager) 9.. A`RESOLUTION OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE ATTACHED PERSONAL PROPERTY LISTING AS "SURPLUS" BY THE CITY COMMISSION AND AUTHORIZING THE CITY MANAGER TO (A) ENTER INTO A CONTRACT (B) WITH FISHER AUCTION CO. INC. (C) IN AN AMOUNT NOT TO EXCEED $1,600.,,,00 FOR MARKETING AND ADMINISTRATION SERVICES ASSOCIATED WITH THE CITY'S AUCTION AND CHARGING THE DISBURSEMENTS TO THE CITY'S UPCOMING AUCTION TO BE PAID FROM THE AUCTION'S PROCEEDS, ACCOUNT' NUMBER' 001 - 0000 - 369.92 -01 TITLED "MISCELLANEOUS REVENUE ACCOUNT "; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ` (City Manager) 10. ArRESOLUTION 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 $45,783.96; CHARGING $27,714.49 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON- RETAINER;', CHARGING $17,877.47 TO ACCOUNT NO. 1500 -514- 3452, CODE ENFORCEMENT ; - AND CHARGING P $192.00 TO ACCOUNT NO. 615- 1910 -521, -3100, PROFESSIONAL SERVICES, FORFEITURES; PROVIDING AN EFFECTIVE DATE.3 /5 (City Attorney) 11. A RESOLUTION OF THE MAYOR AND "CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, 'RELATING TO ATTORNEYS' Lf)w FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN KURZBAN WE INGE'R & TE TZELI , P.A. IN THE AMOUNT OF $6`,348.14; AND CHARGING THE AMOUNT TO ACCOUNT NO. 1500 - wLL OR' I" 514- 3450, OTHER CONTRACTUAL SERVICES;` PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 12. A RESOLUTION OF THE MAYOR AND .CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,- RELATING TO COMPLIANCE WITH GASB 34, AUTHORIZING THE CITY MANAGER TO ENTER - INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMOUNT NOT TO 'EXCEED $22,500.00 FOR THE FEES ASSOCIATED WITH PERFORMING VALUATION OF CITY PROPERTIES REGULAR CITY COMMISSION 3 AGENDA - September 16, 2003 ..�wr .� sr„,,�;';m. «:,-�r�i .r`,'"_'_'^,,,'�t �- �- Ts"'• , "-3 ri- r��r- Y'x. ;�€ �„ F .. , �,""�,, ,.- a'�s.";'� �,, t. . AND PREPARING APPRAISAL VALUATION REPORT; AND ACQUISITION OF ASSET MANAGEMENT SOFTWARE; CHARGING AN AMOUNT NOT EXCEEDING $17,500.00 TO ACCOUNT NUMBER 001- 2100 - 519 -3450, TITLED NON DEPARTMENT CONTRACTUAL ACCOUNT AND $5,000.00 TO ACCOUNT NUMBER 001- 0000 219.5300, TITLED ESCROW COMPUTER NETWORK; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 13. A_RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE.OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED $37,506; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, MODIFYING RESOLUTION NO. 27 -03 -11575 RELATED TO SPECIAL EVENTS, IN ORDER TO REVISE A POLICY RELATED TO - _REQUIRING A SIGNATURE PETITION FROM `BUSINESSES IMPACTED BY A SPECIAL EVENT; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) None RESOLUTION (S) /PUBLIC HEARING (S) 15. A`RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI', FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(F) OF THE LAND DEVELOPMENT CODE TO ALLOW THE MIMIMUM SIZE OF A BUILDING SITE TO BE 13,`400 SQUARE FEET, WHERE A MINIMUM OF 15,000 SQUARE FEET I'S REQUIRED, ON PROPERTY WITHIN AN "RM -24" MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL USE DISTRICT, MORE SPECIFICALLY LOCATED AT 5864 SW 74 TERRACE, SOUTH MIAMI,; FLORIDA:, AND LEGALLY DESCRIBED AS LOT 3, BLOCK 2, "FAIRGLADE MANOR" PLAT BOOK 45 PAGE "79 (THE GRANTING OF THE VARIANCE WOULD ALLOW' FOR THE CONSTRUCTION OF SEVEN UNIT MULTI - FAMILY RESIDENTIAL BUILDING) ;` AND PROVIDING FOR AN ,EFFECTIVE DATE. 4/5' (City Manager) RESOLUTION (S) REGULAR CITY COMMISSION 4 AGENDA — September 16, 2003 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTING A CONTRACT WITH STROYNE BROS. SOUTH, INC. FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, 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 CITY COMMISSION MEETING DECORUM; AUTHORIZING THE CITY' MANAGER TO PURCHASE LIMITIME R PRO -1000; FUNDS TO BE DISBURSED FROM THE CASH RESERVE; PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner McCrea) 18, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING FTAA'S EFFORTS TO PROMOTE MIAMI AS THE NATURAL LOCATION FOR THE V PERMANENT SECRETARIAT OF THE FREE TRADE AREA OF THE AMERICAS; PROVIDING AN EFFECTIVE DATE. 3/5` (Vice Mayor Russell) 19, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING' TO LEGAL SERVICES; AUTHORIZING THE FINANCE DIRECTOR TO ISSUE PAYMENT OF A RETAINER FEE' OF $10,000 FROM THE CASH RESERVE FUND TO RETAIN BRUCE S. ROGOW, P.A.; PROVIDING AN EFFECTIVE DATE: 4/5 (City Attorney) 20 -, 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 STORMWATER RETROFIT IMPROVEMENTS PHASE 1 CONSTRUCTION AT AN AMOUNT OF $145,685.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT PUBLIC WORKS DEPATMENT CONSTRUCTION CONTRACTUAL SERVICES AND THE CITY'S LOCAL OPTION GAS TAX (FY 2002/03 & 2003/04)' ACCOUNT' NUMBERS 001 -0000- 132 - 2060, 001- 1790- 519 -3450 AND 112 -1730- 541 -4640; PROVIDING FOR AN EFFECTIVE DATE, 3/5' (City Manager) 21. A RESOLUTION OF THE MAYOR AND CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP. FOR AN AMOUNT OF $9,000 AND WITH DISBURSEMENT TO REGULAR CITY COMMISSION 5 AGENDA - September 16, 2003 .s, . COME FROM PUBLIC WORKS DEPARTMENT'S MAINTENANCE & REPAIR - STREET & PARKWAY ACCOUNT NUMBER 001- 1730 -54`1- 4640; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 22. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO PERSONNE MATTERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT AGREEMENT WITH =PBA BARGAINING UNIT TO SATISFY AN UNFAIR` LABOR PRACTICE CLAIM AND REINSTATE OFFICER JEFFREY, GRIFFIN BACK TO SERGEANT RANK, AND AUTHORIZING PAYMENT OF RETROACTIVE' PAY FROM ACCOUNT NUMBER 01- 1910 -521- 1210 IN THE AMOUNT OF $4,000 DOLLARS', PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY CLERK ;; ACCEPTING THE RESIGNATION OF RONETTA TAYLOR; PROVIDING AN EFFECTIVE DATE: 3/5 (Mayor Feliu) 24.. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CITY CLERK; ESTABLISHING CRITERIA AND GUIDELINES FOR SELECTION PROCESS FOR CITY CLERK; PROVIDING AN EFFECTIVE DATE'. 3/5 (Commissioner McCrea) 25. A RESOLUTION OF THE MAYOR AND CITY - COMMISSION THE COMMISSIOSN FOR WOMEN; ESTABLISHING AN APPLICATION PROCESS FOR THE NOMINATION OF WOMEN TO THE "WOMEN OF VISION WALL" LOCATED IN CITY HALL;: PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Russell) 26. A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF EXPENDITURES INCURRED 'PRIOR TO AND DURING THE WEATHER EMERGENCY RESULTING FROM HURRICANE ISABEL, AND AUTHORIZING THE CITY MANAGER TO PREPARE FOR A POSSIBLE IMMINENT STORM, PROVIDING AN EFFECT 'DATE. 3/5 ORDINANCE (S) FIRST READING (S) 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE REGULAR CITY COMMISSION 6 AGENDA - September 16, 2003 a CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 7.373 WHICH EXCEEDS THE ROLLBACK RATE BY 26.42% AND RESULTING IN 15.69% IN PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2003/2004; PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (City Manager) 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $13,229,818; AND PAY PLAN FOR THE 2003/04 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager 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 CO1► FISSION 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 COM41SSION . 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 BYLAW. 7 RA rRI-.� 1 City of South Miami 2 Regular City Commission Minutes 3 September 2, 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, September 2, 2003 beginning at 9 7:50 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 Also in attendance were: City Manager Maria V. Davis, City 17 Attorney Earl G. Gallop and City Clerk Ronetta Taylor. 18 19 B. Invocation: 20 Commissioner Bethel delivered the Invocation. 21 22 C. Pledge of Allegiance: 23 The Pledge of Allegiance was recited in unison. 24 25 D. Presentation(s) 7:25 p.m. 26 1 Certificates of ;,Appreciation: 27 A. Commissioner Bethel presented Ms. Martha Martin - Allen, 28 Marketing Director of South Miami Hospital with a Certificate of 29 Appreciation for hospital's contribution during Walk Against 30 Drugs Campaign. 31 32 B. Mr. Derek Duncan, Assistant Store Manager for Winn 33 Dixie Supermarket was not present to receive the store's 34 Certificate of Appreciation 35 36 C. Dr. Jack S. Michel, CEO of Larkin Hospital was also not 37 present to receive the Hospital's Certificate of Appreciation. 38 39 2. City Manager Selection Committee Members. This 40 Presentation was proposed until the September 19t" City 41 commission meeting. 42 43 3. Parks & Recreation Dept. Update Multipurpose Center 44 45 Mr. Alan Ricke the City's Parks & Recreation Director 46 updated the City, Commission and listening audience on the 47 planned activities, and program planned for the new Multipurpose 48 Center at Murray Park. The grand opening of the facility is 49 scheduled for Saturday, September 20, 2003.- 5 0' REGULAR CITY COMMISSION MINUTES - September 2, 2003 1 1 Mayor Feliu acknowledged the role former Mayors Tom 2 Cunningham, Anna Price and Julio Robaina played in bringing this 3 project to the forefront. 4 5 Commissioner Bethel voiced his pleasure at seeing this 6 facility a reality. 7 8 Commissioner McCrea inquired about the morning schedule for 9 hours of operation, 10 11 Mr. Ricke said a scheduled was being devised that would 12 allow the fitness center to open in the mornings. The facility 13 would close during the mid- morning and re -open after school 14 hours until probably 10:00 p.m. 15 16 Commissioner McCrea suggested opening at 6 :00 a.m. for the 17 fitness center participants 18 19 Mr. Ricke elaborated and shared that the morning hours 20 schedule would be from 6:00 a.m. through 10 :00 a.m., then closes 21 and re -open about 2:30 p.m. 22 23 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 24 25 1. Approval of Minutes - August 19, 2003 26 27 Moved by Vice Mayor Russell, seconded Wiscombe by to amend 28 Page 7, Line 31 of the minutes by changing the word "darn to 29 "dam" 30 31 There being no further discussion the motion to amend passed 32 by a 5 -0 vote. 33 34 Commissioner McCrea: Yea 35 Commissioner Bethel: Yea 36 Commissioner Wiscombe: Yea 37 Vice Mayor Russell: Yea 38 Mayor Feliu: Yea 39 40 There, being no further discussion on the minutes as a 4 -1 whole, the motion to approve passed ,by a 5 -`0 vote. 42 43 Commissioner Bethel: Yea 44 Commissioner Wiscombe: Yea 45 Vice Mayor Russell Yea 46 Commissioner McCrea: Yea 47` Mayor Feliu: Yea 48 49 2. City Manager's Report 50 No report. .; 51 52 3. City Attorney's Report REGULAR CITY COMMISSION 2 MINUTES September 2, 2003 3 r _ r t r, ,,,, 1 Attorney Gallop reported that the City was still waiting for 2 the decision on the City of South Miami v. Bruce. 3 4 Attorney Gallop reported on the Booby Trap case. On last 5 Friday, Judge Alan Garth advised counsels for all the parties 6 that he would consider the Booby Trap's Motion For Preliminary 7 Injunction: that was given at 5:00 last Wednesday night. This 8 preceded statements, by City, and the State Attorney's Office 9 whereby the City; would not move forward until the State 10 Attorney's office decided to prosecute the case. The next basis 11 for the Motion of Preliminary Injunction involved allegations 12 that the City had threatened to arrest the performers at the 13 Booby Trap,. Staff prepared for the hearing on this past weekend 14 because the Judge also said that he reserve's the rights to and 15 the power to address the merits of the challenge as to whether or 16 not the issue of a valid non- conforming use on occupational 17 license issued in 2001, and whether the 2,500 Florida Statutes 18 provision is being violated (2,500 feet of JRE Lee School). 19 20 Attorney Gallop related that the City's first objective was 21 to beat the Motion for Preliminary Injunction. The City 22 Attorney's office filed a Unilateral Stipulation. Essentially 23 this is a''device that whereby one would seek' attorney's fees for 24 pursuing a motion without merit. Under the rule in order to 25 address the Unilateral Stipulation is to withdraw the motion. TK 26 Promotions (Booby Trap) also filed an amended complaint in which 27 they challenged the constitutionality of the statute on its face. 28 By' challenging -the 'statute on its face that challenge brought in 29 the Attorney General to defend the constitutionality of the 30 statute. The City's Attorney and the Attorney General have been 31 in contact about this matter through telephone calls. 32 33 Attorney Gallop provided- the Commission members with 34 information on Attorney Bruce S. Rogow an outstanding appellant 35 lawyer in dealing with such constitutional matters. 36 37 Attorney Gallop recommended hiring Attorney Rogow to handle 38 the City's defense against TK Promotions for a minimum' fee of 39 $10,000. He said that a resolution would be provided at the next 40 City Commission meeting retaining Attorney Rogow. He cited 41 Madison County vs Peek -a -Boo and indicated that this will be 42 very useful because it discusses the development of the first 43 amendment law as it relates to Adult Entertainment 44 establishments. The next step in the litigation will be for the 45 Attorney General to intervene in the action. 46 47 Mayor Feliu conveyed his support of retaining Attorney 48 Rogow. 49, 50 Commissioner McCrea inquired as to the time frame .involved 51 with this process 52 REGULAR CITY COMMISSION 3 MINUTES - "September 2 -, 2003 .. ma ,."�"` ?�r-��..T' ,.. �..:� , �: - �:. �^ g -,� '�`.'i "`s3oat°-^;*eac'�',�,,°- �1,?i„ a- +- ..'�'�^�i.�'j�W3'�^,:. "�",� =r—_ n ;'� -�5. r.;•-- 1 Attorney Gallop said the only information he can offer is 2 that first amendment issues get expedited treatment by the 3 courts. 4 5 By acclamation, administration was directed to issue a`check 6 in the amount of $10,000 to Attorney Bruce S. Rogow. 7 8 After there were no further comments or questions for the 9 City Attorney this report concluded.` 10 11 PUBLIC REMARKS 12 13 Almer Jones appeared before the City Commission in support 14 of the PAL Program. She asked that the funding not be cut from FY 15 2003 -04 Budget. Keeping the program will keep kids off the 16 streets. 17 18 Levy Kelly, President of the Alliance For Youth appeared 19 before the City Commission to urge the members to support youth 20 programs and keep the funding for the PAL in support` of the PAL 21 Program. 22 23 Sharon McCain appeared before the City Commission to express 24 concern with the agreement between the City and South Miami 25 Hospital to utilize the Multipurpose Center as a Fitness Center 26 for its employees at no _charge. The hospital is donating fitness 27 equipment for this ;purpose. 28 29 Yvonne Beckman appeared before the City Commission to 30, express her concerns about the Adult Entertainment establishment 31 named Bobby Trap and the legal fees associated with defending the 32 City's' position. She further expressed her views about lot 33 splitting: 34 35 Dick Ward appeared; before the City Commission to remark on a 36 postcard he'd received through the mail from the PBA. The 37 postcard, which opposes annexation, is being mailed out to all 38 residents in the Snapper Creek annexation' area. He further 39 referenced Booby Trap and shared that this establishment is much 40 closer to his church. He further acknowledged and thanked 41 Commissioner McCrea for doing an outstanding job defending the 42 City in support of annexation. 43 44 Craig Sherar appeared before the City Commission to share 45 that the PBA did not participate in the budget process even 46 though they'd come out strongly in support of their officers and 47 offered to help find solutions to the budget crisis. He opined 48 that PBA is a part.of the problem, not the solution. 49 50 Walter Harris appeared before the City Commission to 51 question why the PBA would be sending out information indicating REGULAR CITY COMMISSION 4 MINUTES September 2, 2003 1 that the City's crime rate was going up. He emphasized that 2 something should be done to correct this misrepresentation. 3 4 CONSENT 5 6 RESOLUTION NO. 131 -03 -11680 7 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 8 CITY OF SOUTH MIAMI, FLORIDA, RELATING° TO BOARDS AND 9 COMMITTEES; APPOINTING ROBERT A. PARSLEY, III TO SERVE 10 ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD AS 11 LANDSCAPE ARCHITECT FOR A TWO YEAR TERM ENDING 12 SEPTEMBER - 2, 2005 OR UNTIL ` A SUCCESSOR IS DULY 13" APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 14 (Mayor Feliu) 3/5 15 16 RESOLUTION NO. 132 703- 1168.1 17 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH- MIAMI, FLORIDA, RELATING TO BOARDS AND 19 COMMITTEES; APPOINTING CARLOS CASTELLANOS, CRISTINA 20 PERTIENA, FRANK CUZZOCREA, JR., MIKE FERREIRO, MARK 21 PORTER, JEAN MARIE EBBOTT, AND ABEL RODRIGUEZ TO THE 22 COMMERCIAL DEVELOPMENT BOARD FOR TWO YEAR TERMS ENDING 23 SEPTEMBER 2, 2005 OR UNTIL SUCCESSORS ARE DULY' 24 APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 25 (Mayor Feliu) 26 27 RESOLUTION NO. 133 -03- 11682 28 6. A RESOLUTION OF THE MAYOR` AND CITY COMMISSION OF THE 29- CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 30' FEES ;`' APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 31 FIGUEREDO, P.A. IN THE AMOUNT OF $14,122.31; CHARGING 32 $7,358.75 TO ACCOUNT NO:. 1500- 514 -3435, REAL 33 PROPERTY /FORECLOSURE; CHARGING $6,613.56 TO ACCOUNT NO 34 1500 -514- 3410,' LEGAL SERVICES, NON- RETAINER; CHARGING 35 $150.00 TO ACCOUNT NO -. 615- 1910- 521 -3100, PROFESSIONAL 36 SERVICES, FORFEITURES; PROVIDING AN EFFECTIVE DATE.3 /5 37 (City Attorney) 38 39 RESOLUTION NO. 134 -03 -11683 40 7. A RESOLUTION OF THE MAYOR' AND CITY COMMISSION OF THE 41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 42 FEES FOR MULLER' MINTZ, P.A., IN THE AMOUNT' OF 43 $3,905.62; CHARGING $3,,905.62 TO ACCOUNT NO. 1500 -514 - 44 3440, OTHER CONTRACTUAL SERVICES - CONSULTING LABOR; 45 PROVIDING AN EFFECTIVE DATE. 3/5 46 (City Attorney) 47 48 RESOLUTION NO. 135 -03 -11684 49 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 50 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S REGULAR CITY COMMISSION rj MINUTES - September 2,, 2003 1 FEES; APPROVING PAYMENT OF _ATTORNEY'S FEES FOR JAMES D. 2 STOKES IN THE AMOUNT OF $2,170.00; CHARGING $2,170.00 3 TO ACCOUNT NO. 1500 - 514 -3440, OTHER CONTRACTUAL' 4 SERVICES CONSULTING LABOR; PROVIDING AN EFFECTIVE 5 DATE. 3/5 6 (City Attorney) 7 8 RESOLUTION NO. 136 -03 -11685 9 9. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 10 OF SOUTH MIAMI, FLORIDA, ,RELATING TO DADE LEAGUE OF 11 CITIES,; AUTHORIZING THE CITY MANAGER. TO DISBURSE THE SUM 12 OF $750.00 TO PURCHASE TABLE FOR 50TH ANNUAL INSTALLATION 13 BANQUET; FUNDS TO BE APPROPRIATED FROM ACCOUNT NO. 001 - 14' 1315 -513 -4070 ENTITLED "INTERGOVERNMENTAL AFFAIRS TRAVEL 15 AND CONFERENCE "; PROVIDING AN EFFECTIVE DATE. 3/5 16 (City Manager) 17 18 RESOLUTION NO. 137 -03 -11686 19 10 A RESOLUTION OF THE MAYOR AND CITY COMMISSION -OF THE 20 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, 21 CONCERNING CELLULAR COMMUNICATION SERVICE, AUTHORIZING 22 THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEXTEL 23 TO PROVIDE WIRELESS (PHONE) SERVICES, AT A =TOTAL COST 24 NOT TO EXCEED $14,000.00 FOR FISCAL YEAR 2003/04 AND 25 CHARGING THE DISBURSTMENTS OF $6,500.00 TO 26 "COMMUNICATION TELEPHONE SERVICE NON - POLICE" ACCOUNT 27 NO. 001- 2100 - 519.41 -20, AND $7,500.00 TO "SERVICE & 28 REPAIR COMMUNICATION POLICE" ACCOUNT No. 001 -1910- 29 521.46 -30; PROVIDING AN EFFECTIVE DATE. 3/5 30 (City Manager) 31 32 RESOLUTION NO. 13:8 -03 -11687 33 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 34 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 35 MANAGER TO EXECUTE A WORK ORDER WITH TAMIAMI CARPET 36 INTERIORS FOR THE REMOVAL AND INSTALLATION OF NEW 37 CARPET ON THE SECOND FLOOR OF THE POLICE DEPARTMENT FOR 38 AN AMOUNT OF $5,288.15 TO BE CHARGED TO THE PUBLIC 39 WORKS'' MAINTENANCE AND REPAIRS OF GROUND AND STRUCTURE, 40 ACCOUNT NUMBER 001- 1710 - 519 -4670 PROVIDING FOR AN 41 EFFECTIVE DATE. 3/5 42 (City Manager) 43 44 RESOLUTION NO'. 139 -03 -11688 45 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 46 CITY OF SOUTH MIAMI,' FLORIDA, AUTHORIZING THE CITY 47 MANAGER TO DISBURSE THE SUM NOT TO EXCEED $64,643.00 48 FROM ACCOUNT NUMBER 615 - 1910 - 521 -6430, FEDERAL 49 FORFEITURE (OPERATING EQUIPMENT) TO USA SOFTWARE INC, 50 FOR THE PURCHASE OF RECORDS MANAGEMENT SYSTEM REGULAR CITY COMMISSION 6 MINUTES - "September :2, 2003 �. .-r- -,y, — ,..- .�-,,, ,,...,, -, �..t, -mom. F�- -.;�� --� ,, � °� ----� x_:•;��_�,.r�.. -�. ..�.,, �-„ 1 ENHANCEMENTS AND UPGRADE TO THE CURRENT' SYSTEM FOR THE 2 POLICE DEPARTMENT. PROVIDING AN EFFECTIVE DATE.. 3/5 3 (City Manager) 4 5 Moved by Vice Mayor' Russell, seconded by Commissioner 6 Bethel to 'approve the Consent Agenda. 7 8 There, being no discussion the motion to approve passed by 9 a 5 -0 vote. 10 11 Commissioner Wiscombe Yea 12 Vice Mayor Russell Yea 13 Commissioner McCreaS. Yea 14 Commissioner Bethel: Yea 15 Mayor Feliu: Yea 16 17 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 18 19 ORDINANCE NO. 16 -03 -1800 20 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY' OF 22 SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20= 23 3.5E ENTITLED i "DIMENSIONAL REQUIREMENTS - SINGLE' FAMILY 24 DISTRICT" IN ORDER TO ADDRESS LOT` OVERCROWDING AND TO 25 PROVIDE FOR APPROPRIATE SCALED. DEVELOPMENT WITHIN THE 26 RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY;; 27 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING'AN 28 EFFECTIVE DATE. 3/5 29 (City Manager) 30 31 Moved by Mayor Feliu, seconded by Commissioners McCrea and. 32 Bethel to adopt this ordinance 33, 34 Sandy Youkilis, Acting Planning Director explained that 35 this ordinance would change some of the dimensional requirements 36 for single - family home, addressing lot overcrowding. This 37 ordinance would change some of the requirements in the Land 38 Development Code to make sure that the second floor was farther -3'9 in than the first floor. It also addresses the total amount of 40 floor area that can be built. 41 42 Commissioner Wiscombe shared that held initiated this 43 process so that the City. could begin to control some of the 44 things that were happening within the Community, and to protect 45 the quality of life we are all accustom to. He conveyed his 46 pleasure at seeing this matter move forward. 47 48 Commissioner. McCrea thanked Subrata Basu who authored this 49 ordinance," 50 51 Mayor Felu opened the floor for the public hearing. The REGULAR CITY COMMISSION MINUTES - September 2, 2003 1 following individuals spoke during this public hearing process: 2 3 1. David Tucker, Sr.,; 2) Victor Dover; 3) Yvonne Beckman; 4) . 4 Laurie Morrison; 5) Thomas Todd Cooper; 6) Dean Whitman; 7) 5 Michael Fisk; 8) Christopher Cooke- Yarborough; 9) Jay Beckman; 6 7 After there were no other interested parties to speak on 8 behalf of this item, the public hearing was closed, 9 10 Commissioner McCrea conveyed his support of this ordinance 11 indicating: that it is important and timely. He offered two 12 amendments to the ordinance. The first amendment Section One 13 add the language "for preexisting lots in RS -3 and RS -4 Zones 14 that are 50 feet or less in lot width required second floor 15 setbacks shall be the same as the first floor setback." The 16 second amendment after the wording "for Structures less than 12 17 or less in height add' the words' "as measured from the first 18 floor finished floor elevation. 19 20 Commissioner Wiscombe expressed concern with the quality of 21 life for the neighbors if the second floor setback was the same 22 as the first floor. He suggested' adopting the ordinance as 23 presented and addressing any possible amendments later on in the 24 process. 25 26 Moved by Commissioner McCrea, seconded by Mayor Feliu to 27 amend the ordinance by adding language to Section One to read as -28 follows "for preexisting lots in RS -3 and RS -4 Zones that are 50 29 feet or less in lot width required second floor setbacks shall 30 be the same as the first floor setback." 31 32 There, being no further discussion on the amendment, the 33 motion passed by a '4 -1 vote: 34 35 Commissioner McCrea: Yea 36 Commissioner Bethel: Yea 37 Commissioner Wiscombe: Nay 38 Vice Mayor Russell: Yea 39 Mayor Feliu Yea 40 41 Moved by Commissioner McCrea, seconded by Commissioner 42 Bethel to amend the ordinance adding language to Section One to 43 read as follows` The second amendment after the wording "for 44 Structures less than 12 or less in height" add the words "as 45 measured from the first floor finished floor elevation. 46 47 Commissioner Wiscombe Yea 48 Vice Mayor Russell; Yea 49 Commissioner McCrea: Yea 50 Commissioner Bethel: Yea 51 Mayor Feliu: Yea 52 53 At the conclusion of the discussion on the ordinance as a REGULAR CITY COMMISSION 8 MINUTES - September 2, 2003 1 whole, the motion to adopt passed by a 5 -0 vote. 2 3 Commissioner Bethel _Yea 4 Commissioner Wiscombe: Yea 5 Vice Mayor Russell: Yea 6 Commissioner McCrea: 7 Mayor Feliu Yea 8 9 RESOLUTION (S) /PUBLIC HEARING (S) 10 11 None 12 RESOLUTION (S) 13 14 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 16 MULTIPURPOSE CENTER; ACCEPTING DONATION OF ALL FITNESS 17 EQUIPMENT FROM SOUTH MIAMI HOSPITAL AS A GIFT TO THE 18 CITY'S PARKS & RECREATION DEPARTMENT TO BE USED IN THE 19 FITNESS CENTER OF THE MULTIPURPOSE CENTER; PROVIDING 20 FOR PROVISIONS SET FORTH- BY SOUTH MIAMI HOSPITAL; 21 PROVIDING AN EFFECTIVE DATE. 3/5` 22 (City Manager) 23 24 Moved by Mayor Feliu, seconded by Commissioner Bethel to 25 approve this item. 26 27 Mr. Wayne Bracken appeared before the City Commission to 28 expound upon this item. 29 30 Mr. Ricke clarified that the equipment being furnished by 31 South Miami Hospital is brand new and will come with full factory 32 warrant. 33 34 Commissioner McCrea indicated that he appreciated the 35 direction that this public /private partnership is going. He asked 36 staff to provide information as to what the City has done to look. 37 at the financial analysis. He questioned the 300 employee number. -38 39 Mr. Ricke said that number is based on the general population 40 that belongs to this kind of fitness center at present. He said 41 across the country 'residents that belong to this type of fitness 42 center is 13.50. That 13.50 was divided into the 2,000 plus 43 employees at South Miami Hospital. He said this number represents 44 200 of what staff believes that fitness center can handle during 45 peak hours. The Center will accommodate 50 people at a time. 46 47 Commissioner Wiscombe the clause in the contract that would i 48 allow the hospital family members to use the facility. 49 50 Mr. Ricke said that those family members would pay the same 51 rate as the City of South Miami employees. REGULAR CITY COMMISSION 9, MINUTES September 2, 2003 1 2 Vice Mayor Russell said that she did not have a problem with 3 allowing the South Miami Hospital employees use the facility in 4 exchange for the equipment. She said that she was not comfortable 5 with giving those employee family members a reduced rate. 6 7 Mr. Bracken said that the employees have many fitness center 8 options` and much prefer commercial gyms. He indicated that he had 9 a tight time frame in which to settle this matter. 10 11 At the conclusion of this discussion, it was moved by 12 Commissioner McCrea, seconded by Mayor Feliu'to defer this item 13 until further information on the estimated membership use could be 14 provided. 15 16, There being no further discussion the motion to defer passed 17 by a 5 -0 vote 18 19 Commissioner McCrea: Yea 20 Commissioner Bethel: Yea 21 Commissioner Wiscombe: Yea 22 Vice Mayor Russell: Yea 23 Mayor Feliu: - Yea 24 25 26 RESOLUTION NO 140 -03 -11689 27 15. A- 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 28 OF SOUTH MIAMI, FLORIDA AUTHORIZING A PUBLIC HEARING AND 29 NOTIFICATION AS REQUIRED BY MIAMI DADE COUNTY CODE ON A: 30 CITIZENS REQUEST TO CHANGE THE MUNICIPAL BOUNDARIES OF 31 THE CITY OF SOUTH MIAMI BY ANNEXING AN UNINCORPORATED 32 AREA ENTITLED SOUTH MIAMI HIGH / MILLER ROAD INTO THE 33 CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. 34 (City Manager) 3/5 35 36 Moved, by Commissioner McCrea, seconded by Vice Mayor 37 Russell and Commissioner Bethel to approve this item. 38 39 Mr. Youkilis indicated that this annexation process is 40 being initiated by residents in the South Miami High /Miller Road 41 area. This is a single family land use area, which includes 713 42 dwelling units. There is a public high school and 170 43 businesses. This represents approximately 160 of the City's 44- current population. To number of households is 713 and the 45 total number of registered voters 1,077, which is 17 % of the 46 City's current registered voters. The - assessed value is 47 approximately 117 Million Dollars, which is equal to 210 of the 48 City's current assessed value. Administration is now undertaking 49 a review of the actual revenue that would be received from this 50 area and also the actual expenses. This area is mostly made up 51 of well maintained single family residents. The first step in 52 this process is for the City to set a public hearing with proper REGULAR CITY COMMISSION' 10 MINUTES - September 2, 2003 l notification being sent out to all property owners of the area 2 and all property owners within six hundred feet of the 3 annexation area. The City could have an = annexation date as 4 early as March 2004 5 6 Mayor Feliu invited members of the annexation to come 7 forward for comments. 8 9 The following individuals were afforded an opportunity for 10 comments on this item: 1) Ian Martinez; 2') Fran Burnzack; 3) 11 Lynn Myer; and 4) Caroline Finehart. 12 13 At the conclusion of this discussion the motion to approve 14 passed by a 5 -0 vote. A public Hearing was scheduled for 15 October 21, 2003 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. 141 -03 -11690 24 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 26 THE CITY 'MANAGER TO EXECUTE AGREEMENT WITH PROTURF, 27 INC. FOR DANTE FASCELL PARK TENNIS COURT AND PARKING' 28 LOT IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF 29 $119,821.00 TO BE CHARGED TO FLORIDA EMERGENCY 30 MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND 31 RELIEF FUNDING ACCOUNT NUMBER 110- 0000- 132 -2070, THE 32 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM 33 ACCOUNT NUMBERS 001- 0000- 115 -7022 AND STORMWATER DRAIN 34 TRUST FUND ACCOUNT NUMBER 111-1730-541-3450; PROVIDING 35 FOR AN EFFECTIVE DATE. 3/5 36 (City Manager) s 37 38 Moved by Mayor Feliu, seconded by Commissioners Bethel and 39 Wiscombe to approve this item. 40 41 Manager Davis said this item would address the drainage 42 improvements at Dante Fascell Park. 43 44 At the conclusion of this discussion, the motion passed by a 45 4 -0 vote, 46 47 Commissioner Wiscombe: Yea 48 Vice Mayor Russell: Yea 49 Commissioner McCrea: Out of room 50 Commissioner Bethel: Yea 51 Mayor Feliu: Yea 52 REGULAR CITY COMMISSION 11 MINUTES - September 2, 2003 1 RESOLUTION NO. 142 -03 -11692 2 17., A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A CONSTRUCTION AGREEMENT WITH FLORIDA 5 POWER & LIGHT FOR THE INSTALLATION OF STREET LIGHTS 6 ALONG THE CONSTRUCTION CORRIDOR OF THE DOWNTOWN 7 IMPROVEMENTS PHASE II, IN AN AMOUNT OF $88,883.00 TO 8 BE CHARGED TO U.S HOUSING & URBAN DEVELOPMENT ECONOMIC 9 DEVELOPMENT INITIATIVE GRANT ACCOUNT NUMBER 001 -0000- 10 132- 20.63 (US HUD) AND U.S. EVIRONMENTAL' PROTECTION 11 AGENCY, STATE TRIBAL ASSISTANCE GRANT (STAG) ACCOUNT 12 NUMBER 001 - 0000 -132- 2061; PROVIDING FOR AN EFFECTIVE 13 DATE. 3/5" 14 (City Manager) 15 16 Moved by Vice Mayor Russell, seconded by Commissioner 17 Wiscombe to approve this item. 18 19 Greg Perry the City's Engineer explained that this is part 20 of the second phase; of the downtown improvements and involves the 21 street lighting. 22 23 Commissioner McCrea inquired about the selection of the 24 street :lights, and light fixtures took place 25 26 Mr. Castello, a representative from C3TS appeared before the 27` City Commission to explain the process used to select the 28 referenced street lights and fixtures. He indicated that the 29 light !!fixtures were less than half the price of those on Sunset 30 Drive 31 32 Commissioner Bethel indicated that there were a lot of light 33 outages on 62"d Street. 34 35 Manager Davis said that she would take have staff look in to 36 the light outage situation. 37 38 At the conclusion of this discussion the motion to approve 39 passed by a 5 -0 vote. 40 41 Vice Mayor Russell Yea 42 Commissioner` McCrea: Yea 43 Commissioner' Bethel: Yea 44 Commissioner Wiscombe: Yea 45 Mayor Feliu: Yea 46 47 RESOLUTION NO. 143 -03 -11693 48 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 49 CITY SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE 50 CITY MANAGER TO EXECUTE CONTRACT AMENDMENT TWO WITH 51 MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC REGULAR CITY COMMISSION 12 MINUTES - September 2 2003 1 DEVELOPMENT FOR TIME EXTENSION ON THE FY 2001 COMMUNITY 2 DEVELOPMENT BLOCK GRANT (CDBG) FOR MULTIPURPOSE CENTER 3 FACILITY AT MURRAY PARK; PROVIDING FOR AN EFFECTIVE 4 DATE. 3/5 5 (City Manager) 6 7 Moved by Vice Mayor Russell, seconded by Commissioners 8 Wiscombe and Bethel to approve this item. 9 10 Manager Davis related that this was a house keeping "item. 11 An extension is necessary in order to ``get reimbursed for the 12 expenditure's for the Multipurpose Center. 13 14 At the conclusion of this discussion the motion to approve 15 passed by a 5-0 vote. 16 17 Commissioner McCrea: Yea 18 Commissioner Bethel: Yea 19 Commissioner Wiscombe: Yea 20 Vice Mayor Russell: Yea 21 Mayor Feliu: Yea 22 23 19. A RESOLUTION OF THE MAYOR AND .CITY COMMISSION OF THE 24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REPAYMENT OF 25 6.5 MILLION DOLLARS PARKING GARAGE 'LOAN, DIRECTING THE 26 CITY ADMINISTRATION TO RENEGOTIATE THE LOAN TERMS WITH 27 THE PURPOSE OF TERMINATING FUTURE WITHDRAWALS FROM THE 28 LOAN ACCOUNT AND OBTAINING A REDUCED QUARTERLY 29 INSTALLMENT PAYMENT ON THE AMOUNT ALREADY WITHDRAWN OUT 30 OF THE FUND, AND PROVIDING AN.EFFECTIVE DATE. 3/5 31 (City Manager) 32 33 Manager Davis requested the tabling of this item because 34 pertinent information has not been received. 35 36 Moved by Mayor Feliu, seconded by Vice Mayor Russell to 37 table this item. 38 39 There,; being no discussion on this item, the motion to table 40 passed by a 5 -0 'vote. 41 42 Commissioner Bethel: Yea 43 Commissioner Wiscombe Yea 44 Vice Mayor Russell: Yea 45 Commissioner McCrea: Yea 46 Mayor Feliu Yea 47 48 RESOLUTION NO. 144 -03 -11694 49 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 50 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 51 MANAGER TO ESTABLISH A SCHEDULE OF FEES FOR THE PARKS REGULAR CITY COMMISSION 13 MINUTES'- September 2, 2003 1 AND RECREATION DEPARTMENT FOR VARIOUS RECREATION 2 PROGRAMS, MEMBERSHIPS, AND RENTALS, PROVIDING AN 3 EFFECTIVE DATE. 3/5 4 (City Manager); 5 6 Moved by Vice' Mayor Russell, seconded by Commissioners 7 Bethel and Wiscombe to approve this item. 8 9 Manager Davis related that the new Parks and Recreation 10 Director has now applied existing fees and developed some fees 11- for the new Multipurpose Center, 12 13 Mr. Ricke related that he'd looked at all of the fees 14 currently in place in the Parks and Recreation Department. All 15 of the fees were adjusted. The majority of the existing fees 16 have no proposed changes. Some minor changes have been proposed 17 for the Tennis Center. The non - residential field rental fee for 18 Palmer Park has been applied. The majority of the requested fee 19 changes took place in the Recreation Program section.' Currently 20 the City has a seven week summer program, a proposal is to add an 21 additional week and change the fee slightly for that additional 22 week. A $25.00 per semester fee is being proposed for the After 23 School Program for residents, non - residents would be charged 24 $50.00 per semester. The new fees would encompass the 25 Multipurpose Center, which include resident as well as non - 26 resident rates. In general the non residential rate is twice 27 that of the resident rate. There is also a City of South Miami 28 employee rate paid through payroll deduction. 29 30 Commissioner Bethel suggested having one rate for everyone. 31 32 Commissioner Wiscombe inquired as to what procedure was in 33 place to indicate if someone had rented a pavilion. 34 35 Mr. Ricke was the only way staff would know if someone had 36 rented a pavilion is if the City had the rental agreement. 37 38 Commissioner Wiscombe said there should be some type of 39 signage indicating that the facility was being rented. 40 41 Mr. Ricke said conveyed his plan to have staff to monitor 42 this type of situation: 43 44 Commissioner Wiscombe expressed concern with the fee being 45 charged for the After School Program especially for those parents 46 on ` a fixed' income 47 48 Mr. Ricke indicated that part of the package he'd provided 49 to the Commission members contained financial assistance 50 application, He related that no one will be excluded if they 51 can't afford any programs. 52 REGULAR CITY COMMISSION 14 MINUTES September 2, 2003 ,y"-,l ,.& �^ �-, .:� • �., ="`r^- ter"- '. - --r- :- ,��--r ,�.. —` H- ,., --.-„- ..,- -.•-r- . - -u,. . „ . >, � , w� ,.. ,. a, k, ,.. ?. xz ...:� ,» �?,.mr�r, _i ce.;:- ,"F- -:': x> ., FF . - ."r,.a^a` :,- ...1�-,- l Commissioner Bethel asked if the pavilions have been updated 2 with electricity and water. 3 4 Mr. Ricke said that he would check on this issue. 5 6 At the conclusion of this discussion, the motion to approve 7 passed by a 5 -0 vote. 8 9 ORDINANCE (S) FIRST READING (S) 10 None 11 12 COMMISSION REMARKS 13 14 Each Commission member was afforded an opportunity for 15 comments. 16 17 There, being no further business to come before this Body, 18 the meeting adjourned at 10 :37 p.m. 19 20 21 Approved: 22 23 Attest: 24 25 Horace G. Feliu 26 Mayor 27 28 Ronetta Taylor,`CMC 29 City Clerk 30 REGULAR CITY COMMISSION 1 5 MINUTES - September 2. 2003 CITY COMMISSION AGENDA City Commission Meeting Meeting, dates September 16, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: October 7, 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. ... .......... ...... :v... Yt..v.4 .:c. ..•.a: 4.. .:::::: ..... :.. ...... ..... ...v.: t .... CALL TO ORDER: A. Roll Call, B. Invocation C. Pledge of Allegiance: D. Presentation(s)7:00 p.m. 1. City Manager Selection Committee 2. Lisa Truby -The Dr. Bruce Heiken Fund ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes September 2, 2003 2. City Manager's Report REGULAR CITY COMMISSION 1 AGENDA - September 16,'2003 South Miami x o� 00, 3�. eRlgt efta �Bs99 � +X.:•:7;5.'' 2041 CITY COMMISSION AGENDA City Commission Meeting Meeting, dates September 16, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: October 7, 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. ... .......... ...... :v... Yt..v.4 .:c. ..•.a: 4.. .:::::: ..... :.. ...... ..... ...v.: t .... CALL TO ORDER: A. Roll Call, B. Invocation C. Pledge of Allegiance: D. Presentation(s)7:00 p.m. 1. City Manager Selection Committee 2. Lisa Truby -The Dr. Bruce Heiken Fund ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes September 2, 2003 2. City Manager's Report REGULAR CITY COMMISSION 1 AGENDA - September 16,'2003 3 City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANTS FY 2003/05, IN THE AMOUNT OF $20,714 FOR THE PURPOSE; OF ENHANCING THE CRIME SUPRESSION TEAM FOR THE'POLICE DEPARTMENT; TO DESIGNATE AND TRANSFER $2,302 FROM THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT #615 -1910- 5210 -6430 TO THE POLICE FEDERAL FORFEITURE OVERTIME ACCOUNT #615- 1910 - 521 -1410 AS MATCHING FUNDS, AS REQUIRED BY THE GRANT; DIRECTINT THE FINANCE DIRECTOR TO SET UP A SPECIAL ACCOUNT'' NUMBER FOR THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA', AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FORMER K -9 OFFICER RICHARD MUNOZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K -9 BUSTER FOR THE SUM OF $1.00`; AND PROVIDING AN EFFECTIVE DATE;. (City Manager) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER SAM VELEZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K -9 NARCO FOR THE SUM OF $1.00; AND PROVIDING FOR AN EFFECTIVE DATE.' 3/5 (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER NORMA WATERMAN TO PURCHASE AND ASSUME FULL LIABILITY FOR K -9 BRONCO FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE. 3/5` (City Manager) REGULAR CITY COMMISSION 2 AGENDA - September 16, 2003 ;'k.,s- .•--m .-- rs'„t.;r `tea-- u , .s..,,. �wa-h':.,"„'r. .+is,...::.. - 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY; MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER NORMA WATERMAN TO PURCHASE AND ASSUME FULL LIABILITY FOR K -9 WILKO' FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE, 3/5 (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE ATTACHED PERSONAL PROPERTY LISTING AS : "SURPLUS'" BY THE CITY COMMISSION AND AUTHORIZING THE CITY MANAGER TO (A) ENTER INTO A CONTRACT (B) WITH FISHER AUCTION CO. INC. (C) IN AN AMOUNT NOT TO EXCEED '$1,600.00 FOR MARKETING AND ADMINISTRATION SERVICES ASSOCIATED WITH THE CITY'S AUCTION AND CHARGING THE DISBURSEMENTS TO THE CITY'S UPCOMING AUCTION TO BE PAID FROM THE AUCTION'S PROCEEDS, ACCOUNT NUMBER 00170000 - 369.9201 TITLED "MISCELLANEOUS REVENUE' ACCOUNT "; AND PROVIDING FOR AN EFFECTIVE DATE.: 3/5 (City Manager) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES ;' APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $45,783.96; CHARGING $27,714.49 TO ACCOUNT NO.` 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $17,877.47 TO ACCOUNT NO. 1500 -514- 3452, CODE ENFORCEMENT; AND CHARGING $192.00 TO ACCOUNT NO. 615- 1910 -521- 3100, PROFESSIONAL SERVICES, FORFEITURES; PROVIDING AN EFFECTIVE DATE.3 /5 (City Attorney) 11. 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 $6,348.14; AND CHARGING THE AMOUNT TO ACCOUNT NO. 1500- 514- 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE,. 3/5 (City Attorney) 12. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMPLIANCE WITH GASB 34,, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMOUNT` NOT TO EXCEED $22,500.00 FOR THE FEES ASSOCIATED WITH PERFORMING VALUATION OF ;CITY PROPERTIES REGULAR CITY COMMISSION 3 AGENDA - September 16, 2003 rl:Ela=r;?�,i,n -iii —, -1, ——'�; 1r3-r; AND PREPARING APPRAISAL VALUATION REPORT AND ACQUISITION OF ASSET MANAGEMENT SOFTWARE; CHARGING AN AMOUNT NOT EXCEEDING $17,500.00 TO ACCOUNT NUMBER 001 2100 -519 -3450, TITLED NON DEPARTMENT CONTRACTUAL ACCOUNT AND $5,000.00 TO ACCOUNT NUMBER 001 -0000- 219.5300, TITLED ESCROW COMPUTER NETWORK; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY, COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED $37,506; PROVIDING; FOR AN EFFECTIVE DATE. 3/5 (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, MODIFYING RESOLUTION NO. 27 -03 -11576 RELATED TO SPECIAL EVENTS, IN ORDER TO REVISE A POLICY RELATED TO REQUIRING A SIGNATURE PETITION FROM 'BUSINESSES IMPACTED BY A`SPECIAL EVENT; PROVIDING AN EFFECTIVE DATE'. 3/5 (Mayor 'Feliu) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) None' RESOLUTION (S) /PUBLIC HEARING (S) 15. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(F) OF THE LAND DEVELOPMENT CODE TO ALLOW THE MIMIMUM SIZE OF A BUILDING SITE TO BE 13,400 SQUARE FEET, WHERE A MINIMUM OF 15,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN' "RM -24" MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL USE DISTRICT, MORE SPECIFICALLY LOCATED AT 5864 SW 74 TERRACE, SOUTH MIAMI, FLORIDA;, AND LEGALLY DESCRIBED AS LOT 3 BLOCK 2 "FAIRGLADE MANOR" PLAT BOOK 45 PAGE 79; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF SEVEN UNIT MULTI FAMILY RESIDENTIAL BUILDING) ;, AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (City Manager) RESOLUTION (S) REGULAR CITY COMMISSION 4 AGENDA September 16, 2003 16. A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO EXECUTING A CONTRACT WITH STROYNE BROS. SOUTH, INC. FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, 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 CITY COMMISSION MEETING DECORUM; AUTHORIZING THE CITY MANAGER TO PURCHASE LIMITIMER PRO-1000; FUNDS TO BE DISBURSED FROM THE CASH RESERVE PROVIDING AN EFFECTIVE DATE. 4/5, (Commissioner McCrea) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING FTAA'S EFFORTS TO PROMOTE MIAMI AS THE NATURAL LOCATION FOR THE PERMANENT _SECRETARIAT OF THE FREE TRADE AREA OF THE AMERICAS; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Russell) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI`, FLORIDA, RELATING. TO LE -GAL SERVICES; AUTHORIZING THE FINANCE DIRECTOR TO ISSUE; PAYMENT OF A RETAINER FEE OF $10,000' FROM THE CASH RESERVE FUND TO RETAIN BRUCE S.- ROGOW, P.A. ;' PROVIDING AN EFFECTIVE DATE. 4/5 (City Attorney) 2,0. 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 STORMWATER RETROFIT IMPROVEMENTS - PHASE 1 CONSTRUCTION AT AN AMOUNT OF $145,685.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT PUBLIC WORKS DEPATMENT CONSTRUCTION 'CONTRACTUAL SERVICES AND THE CITY'S LOCAL OPTION GAS TAX (FY 2002/03 & 2003/04) ACCOUNT NUMBERS 001- 0000- 132 -2060, 001- 1790- 519 -3450 AND 112 -1730- 541 -4640; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City. Manager) 21 A" RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP. FOR AN AMOUNT OF $9,000 AND WITH DISBURSEMENT TO REGULAR CITY COMMISSION rJ AGENDA - September 16, 2003 mnu -,ter COME FROM PUBLIC WORKS DEPARTMENT'S MAINTENANCE & REPAIR - STREET & PARKWAY ACCOUNT NUMBER 001- 1730 -541- 4640; :PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO PERSONNE MATTERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT AGREEMENT WITH PEA BARGAINING UNIT TO SATISFY AN UNFAIR LABOR`' PRACTICE CLAIM AND REINSTATE OFFICER JEFFREY GRIFFIN BACK TO SERGEANT RANK, AND AUTHORIZING PAYMENT OF RETROACTIVE FAY FROM ACCOUNT NUMBER 01- 1910 - 521 -1210 IN THE AMOUNT OF $4,000'' DOLLARS, PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO THE CITY CLERK; << ACCEPTING THE RESIGNATION OF RONETTA TAYLOR; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 24.. A>RESOLUTLON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CITY CLERK; ESTABLISHING- CRITERIA AND GUIDELINES FOR SELECTION PROCESS FOR CITY CLERK; PROVIDING AN EFFECTIVE DATE: 3/5 (Commissioner McCrea) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION THE COMMISSIOSN FOR WOMEN; ESTABLISHING AN APPLICATION PROCESS FOR THE NOMINATION OF WOMEN TO THE "WOMEN OF VISION WALL" LOCATED IN CITY HALL; PROVIDING AN EFFECTIVE DATE, 3/5 (Vice Mayor; Russell) 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF EXPENDITURES INCURRED PRIOR TO AND DURING THE WEATHER EMERGENCY RESULTING FROM HURRICANE ISABEL, AND AUTHORIZING THE CITY MANAGER TO PREPARE FOR A POSSIBLE. IMMINENT STORM, PROVIDING AN EFFECT DATE. 3/5 ORDINANCE (S) FIRST READING (S) 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE REGULAR CITY COMMISSION 6 AGENDA - September 16, 2003 CITY OF SOUTH 'MIAMI, FLORIDA,; LEVYING THE MILLAGE OF 7.373 WHICH EXCEEDS THE ROLLBACK RATE BY 26.42 AND RESULTING IN 15.69% IN PROPERTY TAX 'RATE IN THE CITY OF SOUTH 'MIAMI, FLORIDA, FOR THE FISCAL YEAR 2003/2004; PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (City Manager) 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, ADOPTING A BUDGET OF $13;229,818; AND PAY PLAN FOR THE 2003/04 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager 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 -arinum mn t.+r". STATUTES 28b 0105 "THE CITY HEREBY ADVISES 'THE PUBLIC THAT IF A PERSON DECIDES TO ` APPEAL ANI CONSIDERED` AT FOR SUCH PURPC MADE WHICH RE( NOTICE DOES N, INADMISSIBLE t ALLOWED BY LAF ;CISION MADE f BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 'THIS :ONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE :RRELEVANT EVIDENCE, NOR DOES IT AUTHORISE CHALLENGES OR APPEALS NOT OTHERWISE REGULAR CITY COMMISSION J AGENDA September 16, 2003 - -ter 1 g0U7y CITY OF SOUTH MIAMI South Miami 1tlCO192RATED ' Excellence,: Integrity, Inclusion �c o aT9 2©01 TO: Honorable Mayor, Vice Mayor DATE: September 16, 2003 & City Commission FROM: Maria Davis ITEM No. 'lad e- City Manager RE: Apply for and accept, if awarded, the USDOJ LLEBG FY 2003/2005 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANTS FY 2003/2005, IN THE AMOUNT OF $20,714 'FOR THE PURPOSE OF 'ENHANCING THE CRIME SUPPRESSION TEAM FOR. THE POLICE DEPARTMENT; TO DESIGNATE AND TRANSFER $2,302 FROM THE POLICE FEDERAL FORFEITURE OPERATING EQUIPMENT ACCOUNT # 615- 1910 - 5210 6430` TO THE'i POLICE FEDERAL FORFEITURE OVERTIME ACCOUNT 9615- 1910 -521, 1410 AS� MATCHING FUNDS, AS REQUIRED BY THE GRANT; DIRECT THE FINANCE DIRECTOR TO SET UP A SPECIAL 'ACCOUNT NUMBER FOR THE GRANT AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached,,, resolution is an effort by the Police Department to secure federal funding under the United States Department of Justice Local Law Enforcement' Block Grant Program to continue enhancing the anti - crime efforts of the-. Crime' Suppression Team: The CST unit's function is both detection and apprehension of person(s) involved in illicit activities. Due to manpower and budgetary constraints, the CST unit is limited in its capacity. The acceptance of this grant would allow expansion of this worth while effort: The required matching funds of $2,302 would come out of the Police Federal' Forfeiture Overtime account #615- 1910 - 521 - 1410 and would not adversely affect the operation of the Police Department. These matching funds will fulfill the requirements of the grant. Funding for this project will come from the following source: l RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 ` OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNITED 6 STATES DEPARTMENT OF JUSTICE, LOCAL ' LAW ENFORCEMENT 7 BLOCK GRANTS FY 2003/05, IN THE AMOUNT OF $209714 FOR THE 8 PURPOSE OF ENHANCING THE CRIME SUPPRESSION TEAM FOR THE 9 POLICE DEPARTMENT; TO DESIGNATE AND TRANSFER $2,302 FROM 10 THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT # 615 - 1910 11 5210 -6430 TO THE POLICE FEDERAL FORFEITURE OVERTIME ACCOUNT 12 # 615- 1910 -521 -1410 AS MATCHING FUNDS, AS REQUIRED BY THE GRANT; 13 DIRECT THE FINANCE DIRECTOR TO SET 'UP A SPECIAL ACCOUNT 14 NUMBER FOR THE GRANT AND PROVIDE FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the United States department of Justice has allocated $20,714 to the City of 17 South Miami Police Department based upon reported crime statistics for the previous year; and 18 19 WHEREAS, the Police Department desires to use the funds to continue to supplement the 20 activities of the Crime Suppression Team to enhance police presence and the detection" and 21 apprehension of offenders; and 22 23 WHEREAS, the matching funds requirement for of this grant, $2,302> would not 24 adversely affect the operation of the Police Department; and 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The City Manager is authorized to apply for and accept, if awarded, 30 money from the United States Department of Justice Local Law 31 Enforcement Block Grant Program in the amount of $20,714. 32 33 Section 2. The City Manager is authorized to designate and transfer $2,302 from the 34 Police Federal Forfeiture Operating Equipment account # 615- 1910 -521= 35 6430 to the Police' Federal Forfeiture Overtime account # 615 =1910- 521 36 1410 as matching funds required by the grant: 37 38 Section 3. The City Manager is authorized to execute any subsequent documents' 39 Relative to obtaining this grant and direct the Finance Director to set up a 40 special account number for the grant. 41 42 Section 4. That this resolution be effective immediately after the adoption hereof. •M . k....'..',-t. '; µms"" g+` �.�^'°^ �' "'e; ��'..;P'�i �. '�'3n',� -f�'f `�Y`�. = �I•:�5^.. ,iM1° -�.r L�2wn. S6 P'?� ryf i'�� „ 43 44 PASSED AND ADOPTED this day of , 2003. 45 46 ATTEST: APPROVED: 47 48 49 CITY CLERK MAYOR 50 51 COMMISSION VOTE: 52 READ AND APPROVED AS TO FORM: Mayor Feliu: 53 Vice Mayor Russell: 54 Commissioner Wiscombe: 55 CITY ATTORNEY Commissioner Bethel: 56 Commissioner McCrea: . � .. #. sour CITY OF SOUTH MIAMI South Miami INCORPORATED Excellence, Integrity, Inclusion 1927 �LOR�9 2©01 TO: Honorable Mayor, Vice Mayor DATE: September 4, 2003 & City Commission e FROM: Maria Davis ITEM No. City Manager RE: Agreement for K -9 Buster RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FORMER K -9 OFFICER RICHARD MUNOZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K -9 BUSTER FOR THE SUM OF $1.00 AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached, resolution and contract is to authorize the City Manager to enter into an agreement with South Miami Police Officer Richard Munoz to purchase and assume full liability for retired K -9 Buster for the sum of $1.00. K -9 Buster was trained to work exclusively and loyally with Officer Munoz. He has established relationship with the dog and wishes to assume responsibility for the care and maintenance of the animal. K -9 Buster and Officer Munoz have developed a bond that cannot be transferred to another officer. RECOMMENDATION Approval is recommended. i 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 ENTER INTO AN AGREEMENT WITH FORMER K -9 OFFICER RICHARD 6 MUNOZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K -9 7 BUSTER FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE. 8 9 WHEREAS, Officer Munoz was a K -9 officer with the city's police department and 10 provided services with the assistance of a trained police dog, Buster and 11 12 WHEREAS, the parties recognize that Buster (retired) is trained to work exclusively and 13 loyally for Officer Munoz; and 14 15 WHEREAS, Buster was assigned to Officer Munoz, who has established a relationship 16 with the dog and who wishes to assume responsibility for the care and maintenance of the animal 17 should any of the events identified in section 2.1 of this agreement occur; and 18 19 WHEREAS, Buster and Munoz have ' developed a bond that cannot be transferred to 20 another. 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 23 24 Section 1 That the City Manager is authorized to enter into an agreement with 25 Officer Richard Munoz to purchase and assume full liability for K -9 26 Buster for the sum of $1.00 should any events identified in section 2.1 of 27 this agreement occur. - 28 Section 2. That this resolution be effective !immediately after the adoption hereof. 29 30 PASSED AND ADOPTED this day of 2003. 31- 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 READ AND APPROVED AS TO FORM: Mayor Feliu: 39 Vice Mayor Russell 40 Commissioner Wiscombe; 41 CITY ATTORNEY Commissioner Bethel: 42 Commissioner McCrea: K -9 AGREEMENT THIS AGREEMENT dated this day of 20 between the City of South Miami, ("city ") and Richard Munoz ("Munoz"). WITNESSETH: WHEREAS, Munoz, was a canine officer with the city's police department and provided services with the assistance of a trained police dog Buster; and WHEREAS, the parties recognize that Buster is trained to work exclusively and loyally for Munoz and WHEREAS, Buster, (retired), was assigned to Munoz, a K -9 officer, who has established a relationship with the dog and who wishes to assume responsibility for the care and maintenance of the animal should any of the events identified in section 2.1 occur; and WHEREAS, Buster and Munoz have developed a bond that cannot be transferred to another officer. NOW THEREFORE, in consideration of the sum of $1.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. Section 1. Whereas Clauses. 1.1 The above Whereas clauses are incorporated and made part of this contract. Section 2. Scope of Services and Payment. 2.1 Should Munoz or Buster leave the employ of the city's police department for any reason, including but not limited to, injury, disability, retirement or transfer, all right, title and interest to Buster shall transfer from the City of South Miami Police Department to Munoz. Should Munoz die while in the city's employ, title to Buster shall transfer to Munoz's heirs. 2.2 Should the events identified in section 2.1 occur, Munoz shall become exclusively responsible for feeding, medical treatment, and/or daily care of Buster. Pagel of 3 �� , e.,�.r �.��;+a�� .. -, ^- �.rr— �•q --�., �:� ,�.�` !F��'�`.: _ _ -».. y,°'°�.aa:,, ^° ...r, '`- .� -�,�a� .:��.°, rte, "'."�`fi�;'.�. i 2.3 Munoz shall indemnify and hold the city harmless from any and all claims, suits, actions, damages or causes of action arising from any action by Buster after title transfers to Munoz pursuant to ''section 2.1, Munoz will be reasonable for inter alia attorney's fees, for any personal injury, loss of life, or damage' to person or property sustained by reason of, or as a result of, the acts of the dog Buster: 2.4 In consideration of the love and affection Munoz has for Buster and Munoz's promise to undertake the care, liability, expense and maintenance of Buster and all other responsibilities associated with the ownership of Buster from the date identified at section 2.1 forward, the City of South Miami Police Department does transfer all right, title and 'interest to Munoz in the following described property: One police trained K -9 known as Buster. Section 3. Jurisdiction and venue. 3.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami-Dade County, Florida. Section 4. Sovereign Immunity and Attorney's Fees. 4.1 The city does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. Section 5. Notices. 5.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of Munoz and to the city specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. Section 6. Severability. 6.1 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. Page 2 of 3 r Section 7. Entire Contract. 7.1 The contract, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or filled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this contracts of the date first above written. CITY OF SOUTH MIAMI By: Maria Davis City Manager By: Cokes Watson, Jr. Chief of Police By: Richard Munoz ATTEST: Ronda Taylor, City Clerk Approved as to form: Earl Gallop, City Attorney Page 3 of 3 I SoUT ®` �`�, Swath Miami �. CITY OF SOUTH MIAMI AR-Affiab C09 • I NC ORPOR 19 27 ATEO • Excellence,: Integrity, Inclusion 19 2001 TO: Honorable Mayor, Vice Mayor DATE: September 4, 2003 & City Commission FROM: Maria Davis ITEM No. City Manager / RE: Agreement for K -9 Narco RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY' OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER SAM VELEZ TO PURCHASE AND ASSUME FULL LLIABILITY FOR K -9 NARCO FOR THE SUM OF $1.00 AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached resolution and contract is to authorize the City Manager to enter into an agreement with South Miami Police -K -9 Officer Sam Velez to purchase an assume full liability for K -9 Narco fog,, the sum of $1.00 K -9 Narco is trained to work exclusively and loyally with K -9 Officer Velez. He has established a relationship with the dog and wishes to assume responsibility for the care and maintenance of the animal. K -9 Narco and K -9 Officer Velez have developed a bond that cannot be transferred to another officer. RECOMMENDATION i Approval is recommended. 1 RESOLUTION NO. 2,` 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 ENTER INTO AN AGREEMENT WITH K -9 OFFICER SAM VELEZ TO 6 PURCHASE AND ASSUME FULL LIABILITY FOR K-9 NARCO FOR THE 7 SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE. 8 9 WHEREAS, Officer Velez is a K -9 officer with the city's police department and provides 10 services with the assistance of a trained police dog, Narco; and 11, 12 WHEREAS, the parties recognize that Narco is trained to work exclusively and loyally 13 for Officer Velez; and 14 15 WHEREAS, Narco is assigned to Officer Velez, a K -9 officer, who has established a 16 - relationship with the dog and who wishes to assume responsibility for the care and maintenance 17 of the animal should any of the events identified in section 2.1 of this agreement occur; and 18 19 WHEREAS, Narco and Velez have developed a bond that cannot be transferred to 20 another. 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 22 COMNIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. That the City Manager is authorized to enter into an agreement with 25 Officer Sam Velez to purchase and assume full liability for K -9 Narco for 26 the sum of $1.00 should any events identified in section 2.1 of this 27 agreement occur. 28 29 Section 2. That this resolution be effective' immediately after the adoption hereof. 30 31 PASSED AND ADOPTED this day of 2003. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 COMMISSION VOTE: 39 READ AND APPROVED AS TO FORM: Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Wiscombe 42 CITY ATTORNEY Commissioner Bethel:' 43 Commissioner McCrea: .: b.., .. K -9 AGREEMENT THIS AGREEMENT dated this day of 20 between the City of South Miami, ("city) and Samuel Velez ("Velez "). WITNESSETH: WHEREAS, Velez, is a canine officer with the city's police department and provides services with the assistance of a trained police dog, Narco; and WHEREAS, the parties recognize that Narco is trained to work exclusively and loyally for Velez; and WHEREAS, Narco is assigned to Velez, a K -9 officer, who has established a relationship with the dog and who wishes to assume responsibility for the care and maintenance of the animal should any of the events identified in section 2.1 occur; and WHEREAS, Narco, and Velez have developed a bond that cannot be transferred to another officer. NOW THEREFORE, in consideration of the sum of $1.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. Section 1. Whereas Clauses. 1.1 The above Whereas clauses are incorporated and made part of this contract. Section 2. Scope of Services and Payment. 2.1 Should Velez or Narco leave the employ of the city's police department for any reason, including but not limited to, injury, disability, retirement or transfer, all right, title and interest to Narco, shall transfer from the City of South Miami Police Department to Waterman. Should Velez die while in the city's employ, title to Narco shall transfer to Velez's heirs: 2.2 Should the events identified in section 2.1 occur; Velez shall become exclusively responsible for feeding, medical treatment, and/or daily care of Narco. Pagel of 3 2.3 Velez shall indemnify and hold the city harmless from any and all claims, suits, actions, damages or causes of action arising from any action by Narco after title transfers to Velez pursuant to section 2.1 Velez will be reasonable for inter alia attorney's fees, for any personal injury, loss of life, or damage to person or property sustained by reason of, or as a result of, the acts of the dog Narco. 2.4 In consideration of the love and affection Velez has for Narco and Velez's promise '`to undertake the care, liability, expense and maintenance of Narco and all other responsibilities associated with the ownership of Narco from the date identified at section 2.1 forward, the City of South Miami Police Department does transfer all right, title and interest to Velez in the following described property: One police trained K -9 known as Narco. Section 3. Jurisdiction and Venue. 3.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. Section 4. Sovereien Immunity and Attorney's Fees. 4.1 The city does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract,` the prevailing party shall be entitled to its reasonable attorney's fees and costs. Section 5. Notices. 5.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of Velez and to the city specified in this contract, unless either party shall specify' to the other party a different address for the giving of the notices. Section 6. Severability. 6.1 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; Page 2 of 3 . Section 7. Entire Contract. 7.1 The contract, when signed by all parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled' in contradiction of its express terms. This contract and the incorporated' attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. IN WITNESS WHEREOF, the parties- hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. CITY OF SOUTH MIAMI By: Maria Davis City Manager By: Cokes Watson, Jr. Chief of Police By: Samuel Velez ATTEST: Ronetta Taylor City Clerk Approved as to form: Earl G. Gallop, City Attorney Page 3 of 3 sour Al 0 South Miami F CITY OF SOUTH MIAMI AE1 -AmCi • nco 92RaEQ Excellence,, Integrity, Inclusion �ORI'�� 2001 TO: Honorable Mayor, Vice Mayor DATE: September 4, 2003' & City Commission r FROM: Maria Davis ITEM No. City Manager RE: Agreement for K -9 Bronco "RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER NORMA WATERMAN TO PURCHASE AND ASSUME FULL LIABILITY FOR K -9 BRONCO FOR THE SUM OF $1.00 AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached resolution and contract is to authorize the City Manager to enter into an agreement with South Miami Police K -9 Officer Norman Waterman to purchase an assume full liability for K -9 Bronco for the sum of $1.00. K -9 Bronco is trained to work exclusively and loyally with K -9 Officer Waterman. She has established a relationship with the dog and wishes to assume responsibility for the care and maintenance of the animal. K -9 Bronco and K -9 Officer Waterman have developed a bond that cannot be transferred to another officer. RECOMMENDATION Approval is recommended. - s-�.^.�tcT :�- ;:..,.z, � >,_ s -F.z x�:,..,. s�^: �';,,' �;=",'. sr !,.•a"�',;'*^�,� "'F""'. —��i ,_�.;a � , 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 ENTER INTO' AN AGREEMENT WITH K -9; OFFICER NORMA WATERMAN 6 TO PURCHASE AND ASSUME FULL LIABILITY FOR K -9 BRONCO FOR 7 THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE. 8 9 WHEREAS, Officer Waterman is a K -9 officer with the city's police department and 10 provides services with the assistance of a trained police dog, Bronco; and 11 12 WHEREAS, the parties recognize that Bronco is trained to work exclusively and loyally 13 for Officer Waterman, and 14 .15 WHEREAS, Bronco is assigned to Officer Waterman, a K -9 officer, who has established 16 a relationship with the dog and ` who wishes to assume responsibility for the care ' and 17 maintenance of the animal should any of the events identified in section 2.1 of this agreement 18 occur; and 19 20 WHEREAS,' Bronco and Waterman have developed a bond that cannot be transferred to 21 another. 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI,' FLORIDA: 24 25 Section 1. That the City Manager is authorized to enter into an agreement with 26 Officer Norman Waterman to purchase and assume full liability for K -9 27 Bronco for the sum of $1.00 should any events identified in section 2.1 of - 28 this agreement occur. 29 Section 2. That this resolution be effective immediately after the adoption hereof. 30 31 PASSED AND ADOPTED this day of 2003. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR , 37 38 COMMISSION VOTE: 39 READ AND APPROVED AS TO FORM: Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Wiscombe: 42 CITY ATTORNEY Commissioner Bethel: 43 Commissioner McCrea: K -9 AGREEMENT THIS AGREEMENT dated this day of 20� between the City of South Miami, ( "city ") and Norma Waterman ( "Waterman" }. WITNESSETHa WHEREAS, Waterman, is a canine officer with the city's police department and provides services with the assistance of a trained police dog, Bronco; and WHEREAS, the parties recognize that Bronco is trained to work exclusively and loyally for Waterman; and WHEREAS, Bronco is assigned to Waterman, a K -9 officer, who has established a relationship with the dog and who wishes to assume responsibility for the care and maintenance of the animal should any of the events identified in section 2.1 occur; and WHEREAS, Bronco and Waterman have developed a bond that cannot be transferred to another officer. NOW THEREFORE, in consideration of the sum of $1.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. Section 1. Whereas Clauses. 1.1 The above Whereas clauses are incorporated and made a part of this contract. Section 2. ' Scope of Services and Payment. 2.1 Should Waterman or Bronco leave the employ of the city's police department for any reason, including but not limited to, injury, disability, retirement or transfer, all right, title and interest to Bronco shall transfer from the City of South Miami Police Department to Waterman. Should Waterman die while in the city's employ, title to Bronco shall transfer to Waterman's heirs. 2.2 Should the events identified in section 2.1 occur, Waterman shall become exclusively responsible for feeding, medical treatment, and/or daily care of Bronco. Pagel of 3 2.3 Waterman shall indemnify and hold the city harmless from any and all claims, suits, actions, damages or causes of action arising from any action by Bronco after title transfers to Waterman pursuant to section 2. 1, Waterman will be reasonable for inter alia attorney's fees, for any personal injury, loss of life, or damage to person or property sustained by reason of, or as a result of, the acts of the dog Bronco. 2.4 In consideration of the love and affection Waterman has for Bronco and Waterman's promise to undertake the care, liability, expense and maintenance of Bronco and all other responsibilities associated with the ownership of Bronco from the date identified at section 2.1 forward, the City of South Miami Police Department does transfer all right, title and interest to Waterman in the following described property: One police trained K -9 known as Bronco. Section 3. Jurisdiction and Venue. 3.1 For purposed of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. Section 4. Sovereign Immunity and Attorney's Fees. 4.1 The city does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs: Section 5. Notices. 5.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of Waterman and to the city specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. Section 6. Severabilty. 6.1 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. Page 2 of 3 a... ..5 °I:. v. '-s-• .., �.4 - e-- "i ^e h''T' `1","„s`✓.,'� -A T-' "fa""'717- 1T'ih,,.,+, ;. '.�:M. Section 7. Entire Contract. 7.1 The contract, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. CITY OF SOUTH MIAMI By: Maria Davis City Manager By: Cokes Watson, Jr. Chief of Police By: Norma Waterman ATTEST:' Ronetta Taylor, City Clerk Approved as to form: Earl G. Gallop, City Attorney Page 3 of 3 sour r o` South Miami 1-1 Al CITY OF SOUTH MIAMI U � _AE1 -Amax • "INCORPORATED ' Excellence, Integrity, Inclusion. 1927 'C ORI9 2 ®01 TO: Honorable Mayor, Vice Mayor DATE: September 4, 2003 & City Commission FROM: Maria Davis ITEM No. City Manager RE: Agreement for K -9 Wilko RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ; ENTER INTO AN AGREEMENT WITH K -9 OFFICER NORMA WATERMAN TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K -9 WILKO FOR THE SUM OF $1.00 AND PROVIDE FOR AN EFFECTIVE DATE: BACKGROUND & ANALYSIS The attached resolution and contract is to authorize the City Manager to enter into an agreement with South Miami Police K -9 Officer Norman Waterman to purchase an assume full liability for retired K -9 Wilko for the sum of $1.00. K -9 Wilko was trained to work exclusively and loyally with K -9 Officer Waterman. She has established a relationship with the dog and wishes to assume responsibility for the care and maintenance of the animal. K 7-9 Wilko and K -9 Officer Waterman have developed a bond that cannot be transferred to another officer. RECOMMENDATION Approval is recommended. LM 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 ENTER INTO AN AGREEMENT WITH K -9 OFFICER NORMA WATERMAN 6 TO 'PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED K -9 WILKO 7 FOR THE SUM OF $1.00 AND PROVIDE AN EFFECTIVE DATE. 8 9 WHEREAS, Officer Waterman is a K -9 officer with the city's police department and 10 provided services with the assistance of a trained police dog, Wilko; and 11 12 WHEREAS, the parties recognize that Wilko (retired) is trained to work exclusively and 13 loyally for Officer Waterman; and 14' 15 WHEREAS, Wilko is assigned to Officer Waterman, a K -9 officer, who has established a 16 relationship with the dog and who wishes to assume responsibility for the care and maintenance 17 of the animal should any of the events identified in section 2.1 of this agreement occur; and 18 19 WHEREAS, Wilko and Waterman have developed a bond that cannot be transferred to 20 another: 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. That the City Manager is authorized to enter into an agreement with 25 ` Officer Norman Waterman to purchase and assume full liability for K -9 26 Wilko for the sum of $1.00 should any events identified in section 2.1 of 27 this agreement occur: 28 Section 2. That this resolution be effective immediately after the adoption hereof. 29 30 PASSED AND ADOPTED this'_ day of 2003. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 READ AND APPROVED AS TO FORM` Mayor Feliu: 39 Vice Mayor Russell: ` 40 ` Commissioner Wiscombe: 41 CITY ATTORNEY Commissioner Bethel: 42 Commissioner McCrea: K -9 Agreement THIS AGREEMENT dated this day of , 20� between the City of South Miami, ( "city") and Norma Waterman ("Waterman "). WITNESSETH: WHEREAS, Waterman is a canine officer with the city's police department and provides services with the assistance of a trained police dog; Wilko; and WHEREAS, the parties recognize that Wilko was trained to work exclusively and loyally for Waterman; and WHEREAS,- Wilko (retired) was assigned to Waterman, a K 9 officer, who has established a relationship with the dog and who wishes to assume responsibility for the care and maintenance of the animal should any of the events identified in section 2.1 occur; and WHEREAS, Wilko and Waterman have developed a bond that cannot be transferred to another officer. NOW THEREFORE, in consideration of the sum of $1.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. Section 1. Whereas Clauses. 1.1 The above Whereas clauses are incorporated and made part of this contract. Section 2. Scope of Services and Payment. 2.1 Should Waterman or Wilko leave the employ of the city's police department for any reason, including but not limited to, injury, disability, retirement or transfer, all right, title and interest to Wilko shall transfer from the City of South Miami Police Department to Waterman. Should Wilko die while in the city's employ, title to Wilko shall transfer to Waterman's heirs. 2.2 Should the events identified in section 2.1 occur, Waterman shall become exclusively responsible for feeding, medical treatment, and/or daily care of Wilko. Pagel 00 2.3 Waterman shall indemnify and hold the city harmless from any and all claims, suits, actions, damages or causes of action arising from any action by Wilko after title transfers to Waterman pursuant to section 2.1, Waterman will be reasonable for inter alia attorney's fees, for any personal injury, loss of life, or damage to person or property sustained by reason of, or as a result of, the acts of the dog Wilko. 2.4 In consideration of the love and affection Waterman has for Wilko and Waterman's promise to undertake the care, liability, expense and maintenance of Wilko and all other responsibilities associated with the ownership of Wilko from the date identified at section 2.1 forward, the City of South Miami Police Department does transfer all right, title and interest to Waterman in the following described property: One police trained K -9 known as Wilko. Section 3, Jurisdiction and Venue. 3.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. Section 4. Sovereign Immunity .and Attorney's Fees. 4.1 The city does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. Section 5. Notices. 5.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of Waterman and to the city specified in this contract unless either party shall specify to the other party a different address for the giving of the notices. Section 6. Severability. 6.1 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. Page 2 -of 3 Section 7. Entire Contract. 7.1 The contract, when signed by all of the parties, constitutes the fiill and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents, IN WITNESS, WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. CITY OF SOUTH MIAM By: Maria Davis City Manager By: Cokes Watson, Jr. Chief of Police By: Norma Waterman ATTEST: Ronetta Taylor, , City Clerk Approved as to form: Earl Gallop, City Attorney Page 3 of 3 FROM: Maria V. Davis t �, ITEM No City Manager RE: City Auction RESOLUTION A RESOLUTION. OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE ATTACKED PERSONAL PROPERTY LISTING AS , "SURPLUS" BY THE CITY COMMISSION AND AUTHORIZING THE CITY MANAGER' TO (A) ENTER INTO A CONTRACT (B) WITH FISHER AUCTION CO. INC. (C) IN AN AMOUNT NOT T4 EXCEED $1,600.00 FOR MARKETING AND ADMINISTRATION SERVICES ASSOCIATED WITH THE CITY'S AUCTION AND CHARGING' THE DISBURSEMENTS TO THE 'CITY'S UPCOMING AUCTION TO BE PAID FROM THE AUCTION``S PROCEEDS, ACCOUNT NUMBER 001- 0000 - 369.9201 TITLED "MISCELLANEOUS REVENUE ACCOUNT "; AND PROVIDING FOR AN EFFECTIVE DATE. 'BACKGROUND Personal property is defined as temporary or movable properly. Any personal property that is classified as obsolete, or no longer economical or efficient to keep, or that serves no useful function for any activity or in any location within the city, needs to be declared as "Surplus" by the City Commission per section 2 -4.7 of the Code of Ordinances. For the past years the City has had an auction every three years, in 1997, 2600 and currently preparing for another in 2003.' The accumulation of various assets over the past three years, including vehicles and some heavy equipment has led to a need for an auction. Auctions can generate revenue to the City for a comparatively low administration cost. To simplify the auction process, a professional Auctioneer is recommended. The auctioneer `s terms are simple: The fee of $1,600.00 covers advertising,, marketing expenses, staff, and managing of the auction on auction day. The fee charged in terms of item sale is a ten - percent (10 °l0) "buyers premium" which is added on to the auction price. This is in effect their commission, which has no cost implication to the city. vn auction day department heads or their designees will be at the auction to answer questions. Public Works will provide staff from their different divisions to help and answer questions regarding the items at the Public Works facility during the auction. All Auction proceeds and expenses will be charged to the same account "Miscellaneous Revenue Account ". Fisher Auction estimates that this auction could generate sufficient revenues to cover all costs involved. This resolution seeks approval of the following: 1. Declaration of personal property as "surplus" by City Commission 2. Authorizing the City Manager to enter into a contract with Fisher Auction Co.,' Inc. 3. Authorizing the City Manager to disburse an amount of $1,600.00 to Fisher Auction Co., Inc. 1 recommend approval. Attachments: Resolution Vendor information Vendor contract Personal property item listing Conn of Code of Ordinances I 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE 5 ATTACHED: PERSONAL PROPERTY LISTING AS "SURPLUS "` 6 BY THE 'CITY COMMISSION AND AUTHORIZING THE CITY 7 MANAGER TO (A) ENTER INTO A CONTRACT (B) WITH 8 FISHER AUCTION CO. INC. (C) IN AN AMOUNT NOT TO 9 EXCEED $1,600.00 FOR MARKETING AND ADMINISTRATION 10 SERVICES ASSOCIATED WITH THE CITY'S AUCTION AND 1i CHARGING THE DISBURSEMENTS TO THE - CITY'S UPCOMING' 12 AUCTION TO BE PAID. FROM THE AUCTION'S PROCEEDS, 13 ACCOUNT NUMBER 001- 0000 - 369.9201 TITLED 14 "MISCELLANEOUS REVENUE ACCOUNT "; AND PROVIDING 15 FOR AN EFFECTIVE BATE 16 17 18 WHEREAS, Section 2 -4.7 titled: `Surplus city -owned 19 property" of the City of South Miami Code of Ordinances 20 states that all personal property owned by the city shall 21 not be sold unless and until it is declared to be surplus 22 property by resolution of the city commission; and 23 24 WHEREAS, The City ,Manager is recommending that the 25 attached list of personal property items classified as 26 "surplus" that serves no useful function for any activity 27 or in any location within the City and should be sold to 28 the highest bidder by way of a City Auction; and 29 30 WHEREAS, in accordance with city's competitive bidding 31 procedures, Fisher Auction Co. Inc. holds the Miami Dade 32 County Public School Bid 4 077 -BBB09 for auction services 33 from 07 -01 -2002 through 12 -31 -2003; and 34 35 WHEREAS,, The Fishier Auction Co.. Inc. will be 36 advertising and conducting the City's Auction at the Public 37 Works facility located. at 4795 SW 75 Avenue, Miami, 38 Florida, and 39 40 WHEREAS, The City Manager is authorized to sign a 41 contract with Fishier Auction Co. Inc.; and 42 43, WHEREAS, The City Manager is authorized to disburse an 44 amount not to exceed $1,600.00 to Fisher Auction Co. Inc. 45 for advertising and administrative expenses; 46 47 I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 5 Section 1. The City Commission declares the 6 attached list of City Personal Property items as "surplus" 7 to be sold to the highest bidder by way of a City suction: 8 9 Section 2.- The City Manager be, and hereby is 10 authorized to sign a contract and disburse the amounts of 11 $1,600.00 to Fisher Auction Co. Inc; 12 13 Section 3. That this disbursement be charged to 14 Account 001 - 0000 - 369.9201 (Miscellaneous Revenue Account). 15 16 Section 4. This resolution shall take effect 17 immediately upon approval. 18 19 PASSED AND ADOPTED this 16th day of September 2003. 20 22 22 ATTEST: APPROVED; 23 24 25 26 27 CITY CLERK MAYOR 28 29 30 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 31 Mayor Feliu. 32 Vice Mayor Russell: 33 Commissioner Wiscombe; 34 CITY ATTORNEY Commissioner Bethel: 35 Commissioner McCrea: 36 '3 8 . _'.2 hv, �)E,4 7S2 8143 i R 2, is Richard H. Hinds Miami -Dade County School Boar af'Rnamial Officer ,June 19, 2002 Pena TabaresHantman, CN tnclai Affairs Dr. Michael M. Krop, Vice Chi Frank J. Bolaric se Barefield -Cox, J. D. Frank J. Cot istant Superintendant Dr. Robert B. ingra curement and Materials Management Betsy H. Kaple Manty Sabates Mon. Dr.;,Marta Pert Dr. Solomon C. Stint '!Sher Auction Company, Inc. 31 N.E. 1 Street Superintends, dompano Beach, FIL 33060 Warhol r ofschao )caner: Louis B. Fisher, Chairman Merrett R. JBJECT: NOTIFICATION OF AWARD 9: #077 -BB00 (AWARD) rLE: AUCTION SEUNCES `PERIOD: 07/09/2002 - 12/31[2Q03 its meeting of Q61_ 1912002, the School Board of Miami -Dade County; Florida awarded jr company the following item(s) on the above referenced bid--at the unit price(s) heated on the attached award recommendation. is award is limited to the listed items 'only in compliance with the full item description, :cifcations, quantities, conditions and instructions to bidders as contained in the bid uments. IS IS NOT AN AUTHORIT_ATION TO SHIP THE.IR:EFERENCED ITEMS. ,chase orders will be issued for these items, as needed, for the bid period indicated )ve. If you have any questions, please contact me at (30'5) 095.2349. cerely, )ert Tyndall, Buyer sion of Procurement Management Materials Testing School Board Administration Building • 1450 N.E. 2nd Avenue • Miami, Florida 33132 '� „,r:^z" s� . +°*w s+. ,,. r- •�'j�;r .. ",r .. ,- .s—s-� - .s'^.,;,,� r'T -nn.., i , # _ ur„ tt'Z;4 �.+''S; `3'��vriTXV«. n`?"; F'.9 ""` �.t�.,�,, r,2'�T:; �R'"�,�� .f'^e", -,�S '�1 , w .. Office of Superintendent of Schools June 7, 2x02 Board Meeting of June, 19, 2002 Financial Affairs Richard H. Hinds, Chief Financial Officer SUBJECT: AWARD BID NO. 077-6809 - AUCTION SERVICES The purpose of this bid, opened on April 2, 2002, is to.establish a;_contract, at a firm percentage charge, in the form of a buyer's premium, to provide all necessary labor, materials and equipment, to conduct auctions for the sale of all °supplies and /or equipment: determined to be surplus or obsolete, for The School 'Board of Miami -Dade Ccunty, Florida. This is a term bid which states that the Board may purchase quantities, as may be required, at the unit price bid, but is not obligated to purchase any guaranteed amount, Of 26 vendors sent bid forms or card notices of this advertised bid, 2 responded, with 2 bids meeting specifications [includes 2 bids meeting individual item specifications, but not all item specifications; not all vendors bid all items). Inasmuch as Item 2 - Internet Auctions, are alternates for other items being recommended for award, it is recommended that all bids received far this item be rejected. Fund Source `. Not Applicable M /UVBE Eti ibilit None IECOMMENDED; That The School Board of Miami -Dade County, Florida, AWARD Bid No. 077 -8809 - AUCTION SERVICES, to establish : a contract, at a firm percentage charge, in the form of a buyer's Premium, to provide all necessary labor', materials and equipment, to conduct auctions for the sale of all supplies and /or equipment' determined to be surplus or obsolete, for The School Board of Miami -Dade County, Florida, during the term of the bid, effective July 1, 2002, through December 31, 2003, as follows': Page 1 of 2 G-78 c. ,- 'i,-2 6 14 3 „V 4/16 1 , FISHER AUCTION COMPANY, INC. 431 N.E. 1 STREET POMPA140 BEACH, FL 33060 OWNER, LOUIS B. FISHER, CHAIRMAN Low Unit Price Meeting Specifications'., Item 1'- Provide all necessary labor, materials and equipment to Conduct auctions @ 5% buyer's premium. RHH /Ij Page; 2 of THE SrAND&RD OF EKU F1 a* jp ALL Ir l` %Ca 1 LrenW Real ate &oker" April 29, 2003 Ms. Kathy Vasquez The City of South Miami Miami, Florida 33155 Re. Public Auction of Surplus Vehicles, Equipment and Miscellaneous Personal Property Dear Ms: Vasquez, It would be Fisher Auction Co., Inc.'s pleasure to sell the City of 'South Miami's Surplus Property at Public Auction. We personally pledge our dedicated best on the City of South Miami's behalf and anticipate a successful Auction for all parties involved. Should you have any additional questions concerning our proposal, please don't hesitate to call me at (954) 942 -0917, ext. 16 or (800) 331 - 6620. We look forward to working with you and your Staff. Enthusiastically, FISHER AUCTION CO., INC. FRANCIS D. SANTOS Vice President FDS:mn �+s. „;e- -°,.°r- :- ..,.�. -- .;� -.._ ;- .a —^r,- � x,.x,�-�- za.'"""'^^:. ;tx "..,..,T �'s^;'R -:,. r�a�' aaS .R h,, ;c,'�+:,N ; '.F°v,-, f;?-"��"x �,.e, •, ^;^� =;. ,�r,"'s�, �,�,'._' - �,`��,�,F -, Fisher Auction Co., Inc. Produces Top Dottar For You... Pace AUCTION MARKETING PROPOSAL Scope of Services: Fisher Auction Co., Inc. will conduct the Auction at one single Auction Event on a Saturday beginning at 10:00 A.M. Time to Conduct Auction: From the time you authorize an agreement to employ our services, the Auction can take ,place within 30 days which allows sufficient time to implement our Marketing Program and penetrate the target markets necessary for a successful Auction. Location of Auction: The Auction Event' will be conducted at the City of South Miami's Auction Site. Auction Inspection: Fisher Auction Co., Inc. will conduct an inspection for the Potential Purchasers to view the Surplus Property one (1) hour prior to the start of the Auction Event. Marketing Highlights:- Fisher Auction Co., Inc. will conduct a Marketing: Campaign with high impact advertising. We will feature a direct mail campaign targeting purchasers on our mailing lists, media advertisements, telemarketing, exposure on the internet, and personal solicitations. Auction Methodology• All the Surplus Property; offered will be sold on a piece by piece basis at Absolute Auction to the Highest and Successful Purchasers with no reserves or restrictions as to price. This Method wilLyield the highest dollars for the City of South Miami. Auction Deposits/ All Bidders must register at the Auction providing full name, Final Payments: address, telephone number, driver's license number, and tender a $100.00 cash deposit in order to receive a bidder's number. Successful Purchasers must place a 25 % cash/cashier's check deposit Auction Day with the balance due in full 48 hours after the Auction, or prior to removal. During the Auction, if necessary, Successful Purchasers may be required to place an additional good faith deposit for large purchases. Fisher Auction Co., Inc. Produces Top Dottar For You... Pace Auction Guarantees: All the Surplus Property offered will be sold in its "As Is", "Where Is" condition and with all faults. The only guarantee is that the Surplus Property is free and clear of all liens. Auction Performance: Fisher Auction Co., Inc. is fully computerized with "State of the Art" equipment providing you at anytime during and after the Auction, ;,. sales reports stating item descriptions, asset numbers, purchasers names, and prices achieved. You will receive these reports immediately after the Auction. Fisher Auction Co., Inc. will provide all the necessary equipment and personnel to catalog, and conduct the Auction with Auctioneers, Bid Assistants, Clerks, Cashiers, Notary Publics_ and a Food Vendor. Fisher Auction Co., Inc. will handle everything from start to finish with the exception of security, mechanics, and restroom facilities. Auction Commissions: ` Fisher Auction Co., Inc. uses the technique known as the Buyer's Premium. We will charge a 10% Buyer's Premium to each final bid price as our earned commission. This is a proven and successful method in the Auction Industry and will not affect the sale prices. Example Bid Price: $1,000.00 10% Buyer's Premium: 100.00 Final Purchase Price: $1,100.00 The end result is that the City of South Miami is paying no commission., as it is the Buyer's responsibility. Fisher Auction Co., Inc. will make final payment and settlement to City of South Miami within 5 banking days after the Auction Event. Seller's Expense: The only expense the City of South Miami is obligated for is the advertising and promotional costs to adequately expose the Surplus Property for Auction purposes. These costs are a fixed amount of monies so the City of South Miami is aware ahead of time what their obligation is with no other costs to them. Marketing expenses for this event will not exceed $1,600.00. Fisher Auction Co., Inc. Produces Top Dollar For You... Pace For your convenience, Fisher Auction Co., Inc. will advance the marketing expenses and take their out of the gross "sales proceeds. Conclusion: Fisher Auction Co., Inc. is the "Standard of Excellence" in the Auction method of marketing. Winner of numerous national awards, Fisher is one of the largest and most successful specialty Auction Firms providing professional Auction services for liquidation and cash conversion of inventories in both the public; and private sectors of our economy. Fisher Auction Co., Inc. is currently ranked in the top ten largest Auction Firms in the Untied States and we are 'very proud of our successful track record. We welcome the opportunity to serve the City of South Miami, and are immediately available for further discussion and planning the steps to success for the referenced matter. We pledge to always protect everyone's interests and make this a matter of paramount importance. We herewith submit this proposal for Auction and are prepared to proceed at everyone's earliest acceptance and directive. Fisher Auction Co., Inc. Produces Tap Dollar For You. Pace 4 THE SPANDAARDOF F3MLEt MIE TRV�ji U imp AUCTK)N 00. INC. Umnsed Rm( Estate Fkk PERSONAL PROPERTY AUCTION CONTRACT Agreement Dated: Re: Surplus Vehicles, Equipment and Miscellaneous Personal Property_ Sellers: The City of South Miami c/o Kathy KgNuez, Purchasing Manager Address: 6130 Sunset Drive City: South Miami Florida 33155 Telephone: 305- 663 - 6339 Auctioneer: Fisher Auction Co. Inc. WITNESSETH This Agreement is by and between the above named person's), hereinafter called "Seller's)" and FISHER AUCTION CO., INC. hereinafter called "Auctioneer ". The Seller and Auctioneer do hereby covenant and agree that the Seller shall employ the professional services of the Auctioneer to sell the personal property of the Seller by the terms and conditions of this Agreement, and outlined as follows: 1. INVENTORY A. Within Fourteen (14) days after signing this Agreement, Seller shall deliver to Auctioneer a complete inventory listing all items to be sold at Auction. If available, said inventory should be delivered by e -mail or computer disk in excel or similar dlatabase format using 2 columns - one for Seller's identification number and one for Sellers description. B. No item shall be added, 'withdrawn, or sold from said inventory by Seller 48 hours prior to the Auction unless agreed upon by both parties. Inventory must be available for set -up and lotting 48 hours prior to Auction Event. Ii. TITLE A. Seller guarantees that all inventory to be sold at Auction is free and clear of all liens and encumbrances of any kind whatsoever. r?sye:.., „ » ,, ^,`"•,xr , l..`7;.;r;,,.,.r,, III. ABSOLUTE A. All inventory is to be sold at "Absolute Auction" to the highest bidders) without restriction, reserve, or minimum as to price(s). IV. ADVERTISING A. Seller agrees to pay for all advertising expenses necessary to promote Seller's Auction. B. The amount of advertising expenses not to exceed: $1,600.00. C. Auctioneer will advance the advertising expenses and will be reimbursed out of the gross sales: proceeds. V. COMMISSION A. Auctioneer shall collect a Ten Percent (10%) Buyer's Premium on all purchases, which commission shall be collected from the Buyer. v I. ME The Auction shall be conducted at the following location: Address: Public Works Department, 4795 S.W. 75th Avenue City /State /Zip: Miami Florida 33155 VII; TIME The Auction shall be conducted as follows: Day: Saturday Date: October ; 2003 Hour: 10:00 A.M. ACKNOWLEDGED.- ACKNOWLEDGED -. THE CITY OF SOUTH MIAMI FISHER AUCTION CO., INC. WITNESS WITNESS WITNESS WITNESS 9/4/03 Qnty Item Description Serial No. /Tag # Comments 1 RCA Radio Base 1195 1 Dell Key Board Pin 0463cd 1 Deli Key Board= pin 0001435C 1 Dell Key Board pin 0002162 1 Dell Key Board pin 0001435 -c 1 Dell Key Board 643 1 Dell Key Board 402 1 Projector 287 1 PC Key Board 9d09703707b 1 Key Board 1265 1 Key Board 570 1 Nec Key Board 494 1 Nee Key Board akb0000959 1 Nec Key Board , 429 1 Adding Machine 1947 1 RCA Monitor 177634 1 Coca Cola Cooler RED 1 Coffee Machine Nrups 966 1 Potato Peeler 1 Transfer Switch 1 Belkin Data Switch 71 bO24 1 Belkin Data Switch 71 b028 1 Latherd Punch' Card Clock 1600 1 Micron Micrographics Machine 1162 1 IBM Computer 433dx -51 2 Box Miscelanous Shell 1 Samsung Monitor 1612 1 Compuadd Monitor mc90600185 1 IBM Type Writter 1430000022851.00 1 Burroughs Monitor 942 1 AOC Monitoir. Model ,yn 1 Samtron Monitor 9319417118 1 Brother Printer 93081186 1 Dell Monitor 2072 1 Dell Monitor ' 2118 1 Dell Monitor - 1888 1 Samsung Monitor A3LCSR597 1 Dell Monitor 3872E805 1 Key Board 959 1 Key Board 2344 1 Prerno Key Board 2341 1 Sharp Calculator 2630 1 Canon Calculator 1744 1 Plantronic ear Machine 894 Physical Inventory at PVC by P1111 9/4/03 Qnty Item Description Serial No./Tag # Comments 1 Texas Instr. Calculator 1582 1 Burroughs Monitor 953 1 Microscan Monitor 1205 1 IBM Monitor 536 1 Unisys Monitor 957 1 Green Suitcase 1 Samsung Monitor, 943 1 Dell Monitor 1353 1 Dell Monitor 1884 1 Box'Miscelanous Shell 1 Key Board 1070 1 Dell Monitor 2117 1 Burroughs cpu 935604 1 Dell Monitor 1890 1 Dell Monitor 1892 1 2 Door File Cabinet 1 AMI CPU 1041 1 Burroughs Back Up 325875557 1 Burroughs Back Up 130016892 1 AMI CPU 1042 1 HP Fax 700 1679 1 HP Fax/Copier b94c2890a 1 IBM Type Written 1102 1 Dell Monitor 1835 1 CTX Monitor 2478 1 i IBM Key Board 2014680 1 Meridian Telephone System, 9799290 1 IBM Monitor 2469 1 Norelco Recorder 1010 1 Panasonic Alarm Radio 966 1 Elec Mac Check Siginer 6N2401 1 Micron Computer 1251 1 Dell Computer 1768 1 Dell Computer 1891 1 Dell Computer 1253 1 Dell Computer 1292 1 Dell Computer 956 1 Pro 486 Computer 992 1 Fellows Powershred 220 38221 1 Burroughs Printer' 11021 1 Type Writer 656 1 IBM Computer 8540 1 Computer 38614150 1 Epson Fax 448672 3 Physical Inventory at Pilaf by Pi1i 9f4r03 Qnty Item Description Serial No. /Tag # Comments 1 NCR Computer 11891 1 Computer 386/4/300 1 HP Fax Machine 914 6 Partitions Color 1 Adding Machine 3101 1 MFC Fax Machine b77999025 1 Stapler 9250 1 Proseries Telephone 96936 1 AT &T Telephone 1289 1 Texas Instrument Calculator 1921 1 Motorola Radio Charger ntn4633a 1 Motorola Radio MT1000 ntn5447b 1 Bell South Telephone 1539 1 Bell South Telephone 1309 1 ABC Fire Extinguisher 1 Nortelco Telephone 7909 1 Casio Calculator 1288 1 Star Plus Telephone 6346 1 Meridian Telephone 1201 1 Star Plus Telephone 10 -88- 107 -91 1 Star Plus Telephone 25004 1 IBM Computer 1370 1 Black :& Decker Wet/Dry Vac 167801 -00 1 Hand Truck 1 Industrial Hand Truck K01089 1 High Back Office Chair 1783 1 High Back Office Chair 1985 1 High Back Office Chair 923 1 Chair 1180` 1 Chair 1073 1 Chair 86 1 Chair 86 1 Black Chair 1 Chair 1194 1 Chair 1381 1 Red Chair 1 Chair 1380 1 Office Chair 1337 1 Mood Office Chair 1 Chair 1960 1 Chair 898 1 Black Chair 1 File Cabinet` 1065 1 File Cabinet 1531 T7 �^€ Gateway 2000 Monitor 215b098718 �, .. , ,.:., t+ ;.. *. .. r,.t" .;a:s?"„ ... .ae,�c-`.:sH".. ,. ^,"� .:as. .. !. ,. .r.... _,°^s, —�"-� , ,.'i. .R- w"°�ro'�, �=�`T. ,�i„ �ei"`�; ✓x,�. �'¢'7""Y .-+i'�' €'��- �:. �.� ;-�} "� Qnty Item Description Serial No./Tag # Comments 1 File Cabinet _ 1215 1 Closet Cabinet 1084 1 Wood Table 1 Table 1 Chair 1072 1 CD Radio 2305 3 Wood `Comer Table 1 Desl 1406 1 Type Writer Xerox 485 2 wood shelf Cabinet 1 System Telephone 1 NT Meridian Telephone gb11561 1 File Tower Rotary 1774 1 Weight Lifting Equipment 785 5 Weight Lifting Equipment 29 Partitions Dividers blue 1 Double Weight Lifting equip 757 1 Dumble Holder Bench 758 1 Exercise Bench 6 Weight Lifting Accessories 7 Dumbells 7 5 -1/2 Pound Weights 1 Weight Lifting Equipment 756 8 45 Pound Weights 8 35 Pound Weights 4 25 Pound Weights 2 44 Pound Weights 2 22 Pound Weights 13 2 -3/4 Pound Weights 1 Olivetti Monitor 11078 1 Olivetti Monitor 1319268 1 Olivetti Monitor 1187074 1 R Bell Monitor 16478519 1 Samsung Monitor 70500011 'I Olivetti Monitor' 1187428 1 Samsung Monitor hh8Wca19237 1 Wen Monitor 802023275 1 Olivetti Monitor 22340 1 HP Key Board 2282 1 IBM Monitor 23k6893 1 AO ;C Monitor 4n 1 Olivetti Monitor 1006616- 22665 1 Olivetti Monitor 1157373 LLL �, .. , ,.:., t+ ;.. *. .. r,.t" .;a:s?"„ ... .ae,�c-`.:sH".. ,. ^,"� .:as. .. !. ,. .r.... _,°^s, —�"-� , ,.'i. .R- w"°�ro'�, �=�`T. ,�i„ �ei"`�; ✓x,�. �'¢'7""Y .-+i'�' €'��- �:. �.� ;-�} "� Qnty Item Description Serial No. /Tag # Comments 1 ISC Printer 18131 1 ISC Printer 17776 ?"'rS- �Y,,,m,. kR."`s -iz�i )�Y„, y'P .-' ,,.,'•.'mow, 1 ISC Printer 188052325 1 Olivetti Printer 1z- 00168 -044 1 ISC Printer 17754 1 Olivetti Computer 1187427 1 Olivetti Computer 825471 1 Olivetti Computer 1006656 1 Olivetti Computer 1006711 1 Olivetti Computer 1181447 1 Olivetti Computer 1187400 1 Olivetti Computer 1187285 1 Olivetti Computer 1197232 1 Olivetti Computer 1187306 1 Olivetti Computer 23719 1 Olivetti Computer 319450 1 Olivetti Computer 2281411181469 1 Olivetti Computer 22346/1197789 1 HP Ke Board m970731462 1 NEC Keyboard chkb82906134 1 HP Keyboard 2c05003212b' 1 HP ,Keyboard) M970843034 1 HP Keyboard m970839617 1 HP' Keyboard e03633wluc -c 1 HP Keyboard) m970841054 1 HP Keyboard F m970839471 1 HP Keyboard) m970838690 1 HP Keyboard 2130002554b 1 HP Keyboard chkb82501286 1 HP' Keyboard! m970853476 1 HP Keyboard: m97078209 1 Mouse HP LZA72851443 1 Mouse HP LZA73673646 1 Mouse HP LZA72854717 1 Mouse HP LZA72803209 1 Mouse HP LZA71307306 1 Mouse NEC 98798 1 Mouse HP LZA65202601 1 Mouse HP LZA73157075 1 Mouse HP LZA72851023 1 Mouse =HP LZA 7 2-803060 1 Mouse HP LZA72808183 1 Mouse HP LZA73113213 1 Mouse HP LZA72851524 k,F �f64".�. .,T#S"r?tF'F,.. ?"'rS- �Y,,,m,. kR."`s -iz�i )�Y„, y'P .-' ,,.,'•.'mow, „�?- �: +:'�t{� ° FilHP Plotter Design Jet 6500 ESB4A19073 #2473 Grey Chair 000083 &001`311 asio Calculator 2650A Q2025734 #1680 -Sharp Calculator C?Q070912 #2640 Dumpsters bicycles f Police other misc. items 4Lvi4; NVM Mi sc 5 cgpp tit z:TR L, Mr`s c Wh,'iks 9/4%03 5. -, 79Ta7 Item Description Comments Vehicles 1 Scooter (dupTitle) Cushman 1993 ' ICUMH222XRL000572 2 Scooter (dupTitle) Cushman 1989 ICUMH3277LL000246 3 Aerostar (dupTitle } Ford 1987 not gooc IFMCA11 UXJZA48521 4 Mercedes Benz Mercedes 1986 CA3506GA233312 5 Mercury Marquis Ford 1989 2MEBM75F4KX715109 6 Van 20 (dup title) Chevrolet 1985 2GCCG15NGF4148345 7 Truck DT466 International 1994 IHTSCAAM3SH659673 8 Crown Victoria Ford 1999 wreck 2FAFP7'1 W2XX152391 9 Crown Victoria Ford 1992 wreck 2FACP72WONX198077 10 Regency (GE } OIds 1989 Junk , no vin 11 Colt (CE -) Dodge 1987 Junk JP3BB3905HZ047981 12 New Yorker (CE Chrysler 1984 Junk 1 C3BT56EXFC305533 13 Accord (CE) Honda 1983 Junk AD7330ECO21877 14 Blazer (dup title) Chevrolet 1988 Junk 15 Station Wagon (dup title pi-Olds 1987 Junk 1 G3BP81Y8H9007860 16 Ram Dodge 1987 ` 1 B7FD04H7HS498406 17 L8000 (2138) Ford 1990 1 FDYW82A7LVA25454 18 Truck Intl. 21-49 (dup title) International 1988 1HTLAZRN95H593366 19 Crown Victoria 92 -05 Ford 1992 AFACP72WONX198080 20 Crown Victoria 96 -07 (dup Ti Ford 1996 2FALP71WXTX158667' 21 Grand Mercury Marquis(dup 1989 JUNK 2MEBM75FIKX718064 79Ta7 SOUTH[ MIAMI PONCE DEPARTMENT INTER- OFFICE MEMORANDUM TO; Copes Watson, Jr. Chief of Police' FROM: Lieutenant D. Salerno DATE August 25, 2003 SUBJECT; Police Department Items for Auction in Store Room< 4 Secretary Chair 3 Chairs 1 Ceiling Fan 1 TV I VCR I Desk •,. -v6� ,''fir .r^y€,�,.:- .�„"aa�:�P .. - °-��v�nr ^r; .�� ,. �s,.. "I , s^'qm :'€°`.�P`,. st';?`�i^i�;:;, -. °,. ,tea., ^�3�, s, 'T�r,'��' � x,., c,.�r*s. „ts""i .,r ;3Lk_ � s�F= ;Sv,;�,fT;= ?„- .�.b,:-�M`^s �.:N, qr '*��`�'�a ;,"'?"'"4�" :?'�S �FSe.i+t ,3r. a.-' SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Cokes Watson, Jr. Chief of Police FROM: Lieutenant D. Salerno DATE: May 13, 2003 SUBJECT: Items for Auction from Property room 1. Purse, Ladies, Black Leather 2. Wallet, Ladies, Black Leather 3. Purse, Ladies, Brown Leather 4. Purse, Ladies, Brown Leather 5. Day Planner Cover, Black Leather 6. Handbag, Black Leather 7. Wallet, Man's, Brown Leather 8. Purse, Ladies, Zipper, Black Vinyl 9. Wallet, Man's, Silver Vinyl 10; CuA Case, Black Vinyl 11.: Wallet, Brown Nylon 12. Zipper Case, Brown. Vinyl 13. Zipper Bag, Black Vinyl 14. Zipper Bag, Black Vinyl 15. Garment "Suit" Bag, Black Nylon 16. Wilson Backpack, Brown Leather 17. ` Jansport Backpack, Black Nylon 18. Jansport Backpack, Black Nylon 19. Jai nsport Backpack, Black and White Nylon 20. , Blue Nylon 21. " , Green Nylon 22. EastPack Backpack, Black Nylon' 23. Spalding Backpack, Purple Nylon 24. Wolf Creek Backpack, Blue Nylon 25; Sports Bag, Blue Nylon 26 Mirror Case, Black Plastic 27. Pro- Action Bike Helmet 28. GE Telephone Answering System Model 2 -9882 29. GE Telephone Answering System Model 2351M 30`. Panasonic Telephone Answering System Model KXT 1624 31. Canon Fax, Model A501 32. Jet Sound Electronics Car AM/FM/Cassette Radio 33. Symphony Sound Car AM/FM/Cassette Radio 34 Realistic Auto 40 'Watt Stereo Equalizer and Booster 35. 2 Car Stereo Speakers and Covers 36: Sunglasses 37. 2 CD's new 38: Cassette Tape "Baby Face" 39, Braun Electric Shaver 40. Vivitar Camera PS30 - 35mm 41, Polaroid Camera and Light Table Photograph; System 42. AIWA CD Player Model XP SP910 with SONY Stereo Headphones Model MDR -CD 180 43. SAGA GameGear - portable video game system 44. Black & Decker 71/4" Circular Saw 45. Lane Bryant Dress and Long Jacket 46. UM Jersey, Size Large 47! ParisBlues f inFASHION Jeans, Size 48. 2 Dresses, Love Potion, Burnt Orange, Size Small 49. CHEROY two Piece Dress, Green Print, Size Large' 50. CMB'L' Skirt, Blue Print, Size Large 51. Emporio Arman, After Shave 52. 8 Gold Colored Bracelets 53. 10, Miscellaneous Gold Colored pieces of Jewelry 54. Winne the Poo Key Chain 55. 2 Disney World Handheld Fans 56. 2 Tooth Brushes, 3 Small Bunny Toys 57. Cutting Boards 58. Souvenir Spoon 59. Oil Painting" of the faces of a man and a woman 60. Roller Blades, Cool Blades .,. c.:r .''�. T:,m r ,.;:;, , .., .,- �...- ��,,, ,� r-.s' �;...:� -;. :.. -m:...?�;�- ,,..sc, ;-- m',t^..`,-^',<.;:.r....:., .;`s -`�s� „'- '<;:,�aa,'.." xk g•;. § 2-4.6 SOUTH MIAMI CODE § 24.8' disregard of human rights, safety or property. (Ord. No. 1281, § § 1 -5, 8 -4 -87) Editor's note- Inclusion herein of Ord. No. 1281, §§ 1 -5, adopted Aug. 4, 1987, as § 2-4.6, was at the discretion of the editor, the ordinance not being specifically amendatory of the Code. Cross reference— Boards and` commissions, § 2 -21 et seq. State law references.- Payment of judgements or settlements against city offi- cers, § 111.071, Florida Statutes; authorization to obtain liability insurance, §' 111.072, Florida Statutes, Sec. 2=4.7. Surplus city -owned property. (a) Items of personal property owned by the city shall not be sold unless and until it is declared to be surplus property by resolution of the city commission (b) The city commission shall not consider declaring any item of personal property to be surplus unless the city manager has affirmatively; recommended such action thereon. (c) Upon determination by resolution by the city' commission that an item of personal property is surplus, the city manager is hereby authorized to sell to the highest bidder at public sale or, if approved by the commission by resolution, at public auction, said item of personal property after advertising the date, time and place of said sale or auction once a week for three (3) consecutive' weeks in a newspaper of general circulation in the city. The city` manager shall have the right to accept or reject any or all bids. In ,.the event the personal property shall be offered for sale or auc- tion, and no bids shall be received therefor, it shall be deemed that such property has no value and the city manager in his discretion may order it destroyed' or otherwise disposed of. (d) This section shall not apply to stolen, abandoned or con- fiscated personal property which has come into the city's possession. (Ord. No. 810, §§ 1-4,2-5-74) Editor's note- --Ord. No. 810 did not expressly amend this Code,' hence codification of §§ 14 as § 2.4.7 was at the discretion of the editors. Sec. 24.8. Submission of accounts payable and accounts receivable statement by city manager to city: commission. The ;city manager is hereby required to submit to the city commission, at the second city commission meeting of each month, Supp. No. 44 8.2 uns"y /D 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $45,783.96; CHARGING $27,714.49 TO ACCOUNT NO. 1500 8 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING 9 $17,877.47 TO ACCOUNT NO. 1500-514-3452, CODE 10 ENFORCEMENT; AND CHARGING; $192.00 TO ACCOUNT 11 NO'. 615- 1910 -521 -3100, PROFESSIONAL SERVICES, 12 FORFEITURES; PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City` Commission of the City of South Miami approved 15 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10.187, 16 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 17 18 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 19 for legal services rendered, and costs advanced, for the period ending 20 August 31 2003, in the amount of $45,783.96; and, 21 22 WHEREAS, the City Attorney recommends payment of the attached 23 invoices. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The invoices for attorneys' fees and costs received from 29 Nagin Gallop Figueredo, P.A., in the total amount of $45,783.96, are approved for 30` payment and charging $27,714.49 to account no. 1500 - 514 -3410, legal, non 31 retainer; charging $17,877.47 to account no. 1500 -5' 14 -3452, code enforcement; 32 and charging $192.00 to account no. 615- 1910 -521- 3100, professional services, 33 forfeitures. , 34 35 Section 2. This resolution shall take effect immediately upon approval. 36 Additions shown by underlining and deletions shown by eyefstAking. 1 Page 2 of 2 2 PASSED AND ADOPTED this day of September, 2003. 3 •,�. mx«', .+�^"`°'�- ,- .. -�T1 T2. ? 4Ss o� .. :. _, 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 \ \02srvplaw \prolaw \Documents \0022 \DAJ \19295.doc - Reso - NGF September 2003 Statements 21 22 23 , 24 25 26 27 28. 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 l ,s.v. e'.., ,.v F �..31T��:.. .. 4.r ... •,�. mx«', .+�^"`°'�- ,- .. -�T1 T2. ? 4Ss o� .. :. _, �.Yq�''�'�K;'k�;EFm tm Aui'i• � � .�;'°�§ TAGIN GALLOP FIGUEREDO" Attorneys -& Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 September 10, 2003 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive' South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending August 31, 2003, in the amount of $45,783.96, and requisition no. 155. I have tabulated the amounts currently due on each individual file as follows: 0022 -027 Bruce v. CSM Prof l Services $ 15,841.00 Statement No. 14775 dated 09109103; Disbursements 2,036.47 Total Due 17,877.47 0022 -095 Lazaro Tabares — EEOC Claim Prof 1 Services $ 60.00 Statement No. 14664 dated 09109103 Disbursements 15.17 Total Due 75.17 0022 -101 Hampton Pre- Determination Prod Services $ 52.50 Statement No. 14665 dated 09109103 Disbursements 0.00 Total Due 52.50 0022 -113 Forfeiture of 1991 Nissan 300zx Profit Services $ 180.00 Statement No. 14666 dated 09109103 Disbursements 12.00 I Total Due 192.00 i I Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI September 10, 2003 Page 2 of 2 0022 -124 Maria Anduiza — EEOC Claim Prof l Services $ 70.00 Statement No. 14669 dated 09109103 Disbursements 0.00 Total Due 70.00 0022 -128 Maria S. Anduiza v. City of South Miami Profl Services $ 262.50 Statement No. 14672 dated 09109103 Disbursements 9.75 Total Due 272.25 0022 -129 Mark Richman Properties v. City of South. Profl Services $ 227.50 Miami Disbursements 492.37 Statement No. 14776 dated 09109103 Total Due 719.87 0022 -131 Dynabilt v. City of South Miami Prof l Services $ 0.00 Statement No. 14675 dated 09109103 Disbursements 120.00 Total Due 120.00 0022 -136 Rosenbaum v. City of South Miami Profl Services $ 315.00` Statement No. 1 4679 dated 09109103 Disbursements 12.00 Total Due 327.00 0022 -140 TK Promotions v. City of South Miami Profl Services $ 25,383.75 Statement No. 14681 dated 09109103 Disbursements 693.95 Total Due 26,077.70 CURRENT TOTAL DUE $ 45,783.96 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 Item, No. Quantity Description and Specifications Account Number Unit Price Total 1 0 Real Estate /Foreclosure 1500- 514 -3435 0.00 0.00 2 8 Legal, Non- Retainer 1500- 514 -3410 27,714.49 27,714.49 3 1 Forfeitures 608- 1910 -521 -3100 192.00 192.00 4 1 Code Enforcement 1500 -514 -3452 17,877,47 17,877.47 TOTAL 545,783.96 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 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 September 9 2003 Hakeem Oshikoya Matter ID: 0022 -002 Finance Director Real Estate & Contracts City of South Miami 6130 Sunset Drive Statement No. 14.654 - City of South Miami, FL 33143 Payments 08/13/2003 Payment Ck#41899 1,767.50 Sub -total Payments: 1,767.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balancer 16,905.00 Payments- Thank you 1,767.50 Total Due 15,137.50 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 FIGUEREDO PA. Attorneys & Counselors` 3225 Aviation Avenue, Suite 301 Miami, Florida 33133_ Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya September 9, 20,03 Matter ID: 0022 -003 Finance Director 3 Williamson Foreclosure City of South Miami 6130 Sunset Drive `- Statement No. 14655 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 492.00 Payments - Thank you 0.00 Total Due 492.00 To be properly credited, please indicate Statement Number on your remittance check. t Payment is due upon receipt. - Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301, Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 14657 City of South Miami, FL 33143 For Professional Services - 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 70.00 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 - ATTORNEYICLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO, RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003,' Hakeem Oshikoya Matter ID: 0022 -027 Finance Director Bruce v. Code Enforcement City of South Miami 6130 Sunset Drive ' Statement No. 14775 City of South Miami, 'FL 33143 Amount Hours 07/11/2003 - EGG Attention to pre -trial preparation. 1.50 262.50 07/14/2003 EAB Analysis of docket sheet and identified documents to be pulled 0.130 52.50 from docket. 07/16/2003 JMP Retrieved copies of pleadings from Circuit Court. 1.00 20,00 07/18/2003 EGG Prepared status report to comm'n; reviewed file. 0.60 0.00 07/21/2003 EAB Analysis of defendant's pretrial compliance; drafted 2.50 437.50 correspondence to Comm'r McCrae, Mayor Feliu, Vice Mayor Russell, Ms. Lama, Mr. Youkilis, Ms. Bynum; legal research on defense of selective enforcement; drafted memorandum on selective enforcement, and drafted letter to Mr. Lorenzen regarding deposition of one of his employees and stipulations. 07/22/2003 EAB Analysis of Sgt. Rodriguez's surveillance, and vehicle issues; 2.00 350.00 telephone conference with Mr. Mike Spivack regarding trial preparation; email communication with Ms. Bynum regarding citations; legal research on motions in limine; and drafted letter to our witnesses regarding upcoming trial date and availability.' 07/24/2003 EAB Drafted motion in limine on issue of selective enforcement. 1.50 262.50 07/26/2003 EGG Final preparation of motion in limine to exclude any evidence or 0.30 52.50 argument relating to selective enforcement. 07/28/2003 EGG Telephone conference with Mr. Lorenzen regarding settlement 0.30 52.50 possibility; and attention to further handling needs. 07/28/2003 EAB Finalized motion in limine, coordinated deposition date of Mr. Gary 0.40 70.00 Ward, witness identified by defendant. 07/29/2003 EAB Telephone conference with process server regarding opposing 0.40 70.00 counsel's refusal to accept service of process on behalf of their witness, Mr. Ward; analysis of 12/20/02 court order; and drafted letter to opposing counsel on intent to exclude Mr. Ward as witness at trial. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 =027 Statement No.: 14775 Page: 2 07/29/2003 JMP Filed notice of hearing at Circuit Court. 0.75 15.00 08/04/2003 EAB Began preparing exhibits for trial; organized trial book; telephone 0.50. 87.50 conference with Mr.' Walker regarding deposition testimony. 08/05/2003 EAB Telephone conference with vice -mayor Mary Scott Russell 0.20 35.00 regarding deposition preparation. " 08/06/2003 EAB Drafted letter to Ms. Gillis regarding expiration of settlement 0.40 70.00 agreement; and coordinating rescheduling of vice mayor Russell's deposition. 08/06/2003 EAB : Legal research on protective orders and drafted protective order 2.00 350.00 for Mr. David Walker and vice mayor Mary Scott Russell. 08/08/2003 EAB Telephone conference with Ms. Leslie Gillis regarding protective 0.2:0 35.00 order motions. 08/10/2003 EAB Trial preparation, 5.00 875.00 08/11/2003 EAB Witness preparation, meeting with Ms. Rosa, Mr. Walker; 5.00 875.00 telephone conferences with and drafted letters to witnesses regarding deposition preparation, trial attendance, etc; completed re- notice of deposition. 08/12/2003- EAB Analyzed code enforcement files on 6800 SW 64th Street; 7.00 1,225.00 assisted Ms. Rosa in preparing index for file, and going over file records, photographs and citations; trial preparation with Mr.' Struder, and Ms. Rosa; attempted trial preparation with U -Haul and other third party expert witnesses;' e-mail communication with vice mayor russell. 08/13/2003 EGG Trial preparation: 1.1150 262.50 08/13/2003 EAB Meeting with code enforcement and testifying officers to prepare 8.00 1,400.00 them for trial; meeting with vice mayor Russell to prepare her for her deposition; continued working on trial brief; and interviewed third party witnesses at U -Haul, Ford and Dodge. 08/14/2003 EAB Telephone conference with Mr. Solovsky regarding service of 5.00 875.00 subpoena; continued deposition preparation, witness preparation, drafting trial brief; strategy with Mr. Gallop; telephone conference with Ms. Rosa and Mr. Struderregarding bruce trial; continued preparation' of trial notebook. 08/1512003 EAB Prepared witnesses for and attended depositions of vice mayor- 8.00 1,400.00 Russell, iMr. Walker; canceled deposition of Mr. Gary Ward, issued renotice of hearing; and attention to trial preparation. 08/15/2003 JMP Obtained original copy of pictures for 1/21,1/22,5/12. Made copies 2.00 40.00 of pies at Black Copy Service and returned original pies to David Stru er at CSM. Ronetta Taylor certified the co p ies then returned them to NGF. 08/16/2003 EAB Drafted motion in limine regarding admissions and continued trial 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 -027 Statement No.: 14775 Page: 3 preparation; meeting with Mr. Bruce Solovsky in anticipation for trial. 08/17/2003 EAB Continued trial preparation, revised trial brief, drafted questions for 9.00 1,575.00 expert witnesses: 08/18/2003 EGG Attention to preparation to deposition of Mr. WArd and trial 0.30 52.50 strategy: 08/18/2003 EAB Attention to trial, preparation; drafted correspondence to witnesses 10.00 1,750.00 coordinating their testimony; prepared exhibits for trial; prepared - for and attended deposition of Mr. Ward; and continued to draft opening statement. 08/18/2003 JMP Pick up certified copy of picture from Ronetta Taylor at CSM. 075 15.00 08/19/2003 EAB Attended meeting with Sgt. Ruben Rodriguez, Det. Michael 10.00 1,750.00 Stroface to prepare them for trial; meeting with Officers Mr. Struder, Ms. Carol Bynum, and Ms. Rosa to prepare them for trial; and trial preparation. 08/19/2003 NDH Reviewed and analyzed trial brief prepared by Ms. Boutsis; 2.00 350.00 conferred Ms. Boutsis re: the same: 08/20/2003 EGG Attended trial; trial preparation for next day. 10.00 1,750.00 08120/2003 EAB Attended trial, pre -trial preparation, and post first day of trial 14.00 2,450.00 research, preparation, analysis of evidence and exhibits entered into the record. 0812012003 NDH Conferred with Ms. Boutsis re: trial and specifically failure to 1.00 175.00 respond to admissions; commenced research and analysis of case law re: failure to repsond to admissions. 08/20/2003 NDH Conferred with Mr. Gallop and Ms. Boutsis re: status of trial and 5.50 962.50 additional research to conduct; researched and analyzed case law re: applicability of the declaratory judgment act; drafted memorandum for Mr. Gallop re; the same. 08/2172003 ` EGG Prepared for and attended trial. 4.00 700.00 08/21/2003 ' EAB Prepared for cross examination of witness, revised trial brief, 6.00 1,050.00 prepared response to oral argument on availability of declaratory action; attended final day of trial. Total Professional Services 22,630.00 Discount: - 6,789.00 Rate Summary Earl G. Gallop 0.60 hours at $ 0.00 /hr ', 0.00 Earl G. Gallop 17.90 hours at $175.00/hr 3,132.50 Eve A. Boutsis 102.40 hours at $175.00/hr 17,920.00 ; Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 14775 Page: 4 Nakia D. Henry 8.50 hours at $175:00 /hr 1,487.50 Jennifer M.;Penichet 4.50 hours ;at $ 20:00 /hr 90:00 Total hours: 133.90 Expenses Parking Charge 116.50 Legal research 130.48 Mileage 31.25 07/14/2003 Outside copy job. 9:00 08/13/2003 Outside copy job 176.55 08/15/2003 Witness Fee 120.00 08/19/2003 Outside copy job 24.61 08/19/2003 Service of Process 58.00 08/19/2003 - Court reporter 250.90 08/19/2003 Outside copy job 48.15 08/19/2003 Service of Process 58.00 08/19/2003 Outside copy job 74.90 08/19/2003 Service of Process 58.00 08/19/2003 Service of Process 58.00 08/20/2003 Court reporter - Taken on July 22, 2003 164.13 08/21/2003. Court reporter 600.00 08/28/2003 Service of Process 58.00 Sub -total Expenses: 2,036.47 Payments 08/13/2003 Payment Ck#41899 1,084.71 Sub -total Payments: 1,084.71 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 Nagin Gallop FigueredoP.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 14775 Page: 5 For Professional Services 15,841.00 For Disbursements Incurred 2,036.47 Current Balance: 17,877.47 Previous Balance: 2,084.71 Payments - Thank you 1,084.71 Total Due 18,877.47 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 FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -055 Finance Director Purchase of 7800 SW 59th City of South Miami 6130 Sunset Drive Statement No. 14660 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balancer 157.50 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. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP RGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya September 9, 2003 Matter ID: 0022 -061 Finance Director City of South Miami NRA, et al. vs. City of South 6130 Sunset Drive Statement No. 14661 City of South Miami, FL 33143 Payments 08/04/2003 Payment Ck#41772 297.50 08/13/2003 Payment Ck#41899 437.50 Sub- total Payments: 735.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 770.00 Payments'- Thank you 735.00 Total Due 35.00 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 Hakeem Oshikoya September 9, 2003 Matter ID: 0022 -083 Finance Director Planning Board City of South Miami 6130 Sunset Drive Statement No. 14662 - City of South Miami, FL 33143 Payments 08/04/2003 Payment Ck#41772 700.00 Sub -total Payments: 700.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,995.00 Payments -Thank you 700.00 Total Due 1,295.00 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 FIGUEREDOP.A.' Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -095 Finance Director Lazaro D. Tabares 'EEOC City of South Miami 6130 Sunset Drive Statement No. 14664 City of South Miami, FL 33143 Hours Amount 08/14/2003 EAB Telephone conference with Mr. McDuff regarding plaintiffs request 0.40 60.00 to admit new evidence; coordinated delivery of supporting documentation and provided information to Mr. McDuff per his request. Total Professional Services 60.00 Rate Summary Eve A. Boutsis 0.40 hours at $150:00 /hr 60.00 Total hours: 0.40 Expenses 08/26/2003 Federal express 15.17' Sub- total- Expenses: 15.17 Payments 08/04/2003 Payment Ck#41772 30.19 09/03/2003 Payment Ck#42035($6,149.95) 270.00 Sub- total Payments: 300.19 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022-095 Statement No.: 14664 Page: 2 For Professional Services 60.00 For Disbursements Incurred 15.17 Current Balance: 75.17 Previous Balance: 660.19- Payments - Thank you 300.19 Total Due 435.17 To be properly credited, please indicate Statement Number on your remittance check; Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854- 5351 Hakeem Oshikoya September 9, 2003 Matter ID: 0022 -101 Finance Director Hampton Pre - Determination City of South Miami 6130`Sunset Drive Statement No. 14665 City of South Miami, FL 33143 Hours Amount 08/19/2003 EAB Drafted letter to AAA canceling arbitration. 0.30 52.50 Total Professional Services 52.50 Rate Summary Eve A. Boutsis 0.30 hours at $175.00/hr 52.50 Total hours: 0.30 Payments 08/04/2003 Payment Ck#41772 105.00 09/03/2003 Payment Ck#42035($6,149.95) 297.50 Sub- total Payments: 402.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -101 Statement No.: 14665 Page 2 For Professional Services 52.50 For Disbursements Incurred 0.00 Current Balance: 52.50 Previous Balance: 402.50 Payments - Thank you 402.50 Total Due 52.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. 'Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys Fa Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -113 Finance Director Forfeiture of 1991 Nissan 300zx City of South Miami 6130 Sunset Drive Statement No. 14666 City of South Miami, FL 33143 Hours Amount< 08/14/2003 EAB Prepared for and attended hearing on motion for final default 1.80 180.00 judgment. Total Professional Services 180.00 Rate Summary Eve A. Boutsis 1.80 hours at $100.00 /hr 180.00 Total hours: 1.80 Expenses Parking Charge 12.00 Sub -total Expenses: 12.00 Payments 09/03/2003 Payment Ck#42035($6,149.95) 443.50 Sub -total Payments: 443.50 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. --�*- cw.^�a.. ,�- ,- ,- -tnr. 4:^.- ,,.,, -�, ..:.. a rE .T. .:: � ., ...;. ;s• ,u:.,, .-r �?,��; :,�'r -�?u 4 ��, g?" .: �; �„ �-. ,- *- .�- ,��.z�r';.;�,�'"€`R"m m.�'as`"r��i:?, — Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -113 Statement No.: 14666 Page :, 2 For Professional Services 180.00 For Disbursements Incurred 12.00 Current Balance: 192.00 Previous Balance: 593.50 Payments - Thank you 443.50 Total Due 342.00 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 FIGUEREDOP.A: Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile`. (305) 854 -5351 September 9, ,2003 Hakeem Oshikoya Matter ID: 0022 -123' .Finance Director City of South Miami Laboc'- PBA Police Lieutenants 6130 Sunset Drive Statement No. 14668 City of South Miami, ',FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 35.00 Payments -Thank you 0.00 Total Due 35:00 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 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -124 Finance Director Maria Anduiza EEOC Claim City of South Miami 6130 Sunset Drive Statement No. 14669 City of South Miami, FL 33143 Hours Amount 08/06/2003 EAB Received and analyzed no cause determination' by FCHR and 0.40 70.00 issued public record request for all documents submitted to FCHR by Ms. Anduiza, including her affidavit; Total Professional Services 70.00 Rate Summary Eve A. Boutsis 0.40 hours at $175.00/hr 70.00 Total hours: 0.40 Payments 08/04/2003 Payment Ck#41772 2,701.21 Sub -total Payments: 2,701.21 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -124 Statement No.: 14669 Page: 2 For Professional Services 70.00 For Disbursements Incurred 0.00 Current Balance: 70.00 Previous Balancer °5,919.95 Payments Thank you 2,701.21 Total Due 3,288.74 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 FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854- 5351 September 9 2003 Hakeem Oshikoya Matter ID: 0022 -125 Finance Director City of South Miami John Hampton EEOC Claim 6130 Sunset Drive Statement No. 14670 City of South Miami, FL 33143 Payments _08104/2003 Payment Ck#41772 135.74 Sub -total Payments: 135.74 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: ` 1,220.74 Payments Thank you 135.74 Total' Due 1,085.00 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 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -126 Finance Director City of South Miami Deborah Benfield EEOC Claim 6130 Sunset Drive Statement No. 14671 City of South Miami, FL 33143 Payments 08/04/2003 Payment Ck#41772 375.44 Sub- total Payments: 375.44 For Professional Services - 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance`. 602.94 Payments Thank you 375.44` Total Due 227.50 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 FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 facsimile: (305)'854 -5351 September 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. 14672 City of South Miami, FL 33143 Hours Amount 08/28/2003 EAB Began drafting motion for summary judgment: 1.50 262.50 Total Professional Services 262.50 Rate Summary Eve A. Boutsis 1.50 hours at $175.00 /hr 262.50 Total 'hours: 1.50 Expenses 08/13/2003 Outside copy job 9.75 Sub -total Expenses: 9.75 Payments 08/04/2003 Payment Ck#41772 5,970.00 Sub-total Payments: 5,970.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this inv6ce. 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.: 14672 Page: 2 For Professional Services 262.50 For Disbursements Incurred 9.75 Current Balance: 272.25 Previous Balance: 21,061.61 Payments - Thank you 5;970.00 Total Due 15,363.86 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. -.•; 'T"'— `,-'---.<r., _ s"%9_rx= s"°ar,. fi.°..1':'ja,";r. 4,.r<�'�"'"£'..c,:"r... b° ?: s-,._, x+ �r '- m'?f""a,.�f¢:i= Mzh'r CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`'A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya September 9, 2003 Matter 1D: 0022 -129 Finance Director ' Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Statement No. 14776 City of South Miami, FL 33143 Hours Amount 08/04/2003- LRF Teleconference with Mr. McArdle. 0.30 52.50 08/18/2003 EGG Reviewed deft's discovery requests. 1.00 175.00 Total Professional Services 227.50 Rate Summary Earl G. Gallop 1.00 hours at $175.00/hr 175.00 Luis R. Figueredo 0.30 hours at $175.00/hr 52.50 Total hours`. 1.30 Expenses 08/20/2003 Court reporter - Taken on July 22, 2003 492.37 Sub - total- Expenses: 492.37 Payments 09/03/2003 Payment Ck#42035($6,149.95) 297.50 Sub -total Payments: 297.50 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 - ATTORNEYICLIENT PRIVILEGED Matter ID: ' 0022 -.129 Statement No.: 14776 Page: 2 For Professional Services 227.50 For Disbursements Incurred 492.37 Current Balance: 719.87 Previous Balance: 5,915.00 Payments - Thank you 297.50 Total Due 6,337.37 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. 'Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors` 3225 Aviation Avenue, Suite 301'_ Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -130 Finance Director City of South Miami OPEIU v. City of South Miami 6130 Sunset Drive Statement No. 14674 City of South Miami, FL 33143 Payments 08/04/2003 Payment. Ck#41772 87.50 Sub -total Payments: 87.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: - 0.00 Previous Balancer 560.00 Payments - Thank you 87.50 Total Due 472.50 To be properly credited, please indicate Statement Number on your remittance check. 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. I i 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 Hakeem Oshikoya September 9, 2003 Finance Director Matter ID: 0022 -131 City of South Miami Dynabilt v. City of South Miami 6130 Sunset Drive Statement No. 14675 City of South Miami, FL 33143 Expenses 08/28/2003 Service of Process 120.00 Sub -total Expenses: 120.00 Payments 08/04/2003 Payment Ck#41772 735.00 Sub -total Payments: 735.00 For Professional Services 0.00 For Disbursements Incurred 120.00 Current Balance: 120.00 Previous Balance: 1,498.90 Payments - Thank you 735.00 Total Due 883.90 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. -7T7.,. —5 „ 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 September 9, 2003 Hakeem Oshikoya Matter ID: 0022 -132 Finance Director Jeffrey Griffin Arbitration City of South Miami 6130 Sunset Drive Statement No. 14676 City of South Miami, FL 33143 Payments 08/04/2003 Payment Ck#41772 297.50 Sub -total Payments: 297.50 For' Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 700.00 Payments - Thank you 297.50 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.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003 Hakeem Oshikoya Finance Director Matter ID: 0022 -133 Max Valdes Arbitration City of South Miami 6130 Sunset Drive Statement No. 14677 City of South Miami, FL 33143 Payments 08/04/2003 Payment Ck#41772 630.00 Sub -total Payments: 630.00 For Professional Services 0.00 For Disbursements incurred 0.00 Current Balance: 0.00 Previous Balance: ' 980.00 Payments - Thank you 630.00 Total Due 350.00 To be properly credited, please indicate Statement Number on your remittance check: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 9, 2003 Hakeem Oshikoya Finance Director Matter ID: 0022 -136 Rosenbaum v. CSM City of South .Miami - 6130 Sunset Drive Statement No. 14679 City of South Miami, FL 33143 Hours Amount 08/01/2003 EAB Drafted correspondence to Mr. Shubin's partner regarding proposed : 0.40 70.00 hearing date and protective order motion: 08/04/2003 EAB E -mail communication with Mr. Sandy Youkilis and telephone 0.30 52.50 conference with Mr. Mario Garcia -Serra of Greenberg Traurig regarding discovery issues. 08/13/2003 EGG Attention to further handling needs. 0.30 52.50 08/18/2003 EGG Reviewed plaintiffs motion for default against various defendants, 0.:50 87.50 inclucing city of South Miami, and motion for default judgment on count V, public records act claim; reviewed correspondence between parties; telephone conference with Mr. Ricard <Lorberto schedule appointment to review response to public recods request and to discuss case. 08/28/2003 EAB Discussion with Mr. Gallop regarding litigation issues. 0.30 52.50 Total Professional Services 315.00 Rate Summary Earl G. Gallop 0.80 hours at $17500/hr 140.00 Eve A. Boutsis 1.00 hours at $175.00/hr 175.00 Total hours: 1.80 Expenses Parkin Charge 9 12.00 Sub -total Expenses: 12.00 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 -136 Statement No.: 14679 Page: 2 For Professional Services 315.00 For Disbursements Incurred 12.00' Current Balance 327.00 Previous Balance: 3,400.75 Payments - Thank you 0.00 Total Due 3,727.75 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 `^_gM,r>?n �^;.— "r.,^: -.� ..�- ..,'*. . ,:*.=.-^rR^*; i...=r;..'?^- �^^-. r-T.•� "nq- t,,.""„?'�,:,'e�r„=- '�1 -�' :°"i; '�'.t^,x'�:'a;, r,.,,.�e �+ ft"""T�';r ;- `nz�...�"a°� R`.. �.,.,u'- "��"' .: �e ..` k �:N,. na - 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 September 9, 2003 Hakeem Oshikoya Finance Director Matter ID: 0022 -138. City of South Miami U.S. Bank Nat'l Assoc. v. CSM, 6130 Sunset Drive Statement No. 14680 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements` Incurred 0.00 Current Balance: 0.00 Previous Balance: 61.25 Payments - Thank you 0.00 Total Due 61.25 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 FIGUERED®PA: Attorneys Fa Counselors - 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya September 9, 2003 Finance Director Matter ID: 0022 -140 City of South Miami TK Promotions v City of South 6130 Sunset Drive Statement No. 14681 City of South Miami, FL 33143 ' Hours Amount 08/0512003 EAB Telephone conference with Mr. Sandy Youkilis regarding "Booby 3.00 525,00 Trap" and adult entertainment caselaw; analysis of BMS parking agreement; telephone conference with mayor Feliu, vice - mayor Russell, Comm'r McCrea in anticipation of comm'n agenda and meeting; drafted affidavit regarding July 8, 2003 P &Z meeting; telephone conference with Ms. Davis regarding first amendment and Booby Trap sign application; telephone conference with Mr. Youkilis regarding parking lease issues and rejection of short term lease. 08107/2003 EAB Legal research on state statutes prohibiting adult entertainment 2.50 437.50 establishments within 2,500 feet of a school; telephone conferences with Mr. Youkilis regarding JRE Lee school location; inspected area and mapped out mileage from JRE Lee to Steel" location, analysis of occupational license issues; telephone conference with concerned residents regarding their request for mandamus and offer to indemnification the city etc. 08/08/2003 EAB Analysis of draft letter by Mr. Youkilis to Booby Trap, and analysis 0.20 35.00 of 2,500 foot map from JRE Lee School. 08/1312003 EGG Attention to legal issues concerning establishment of adult 1.50 262.50 entertainment use; :conferred with Mr. Figueredo; telephone conferences with Ms. Davis and Mr. Youkilis. 08/13/2003 EAB Legal research for other municipal codes on adult entertainment. 0.40 70.00 08/14/2003 EGG Analyzed adult entertainment statutes; telephone conferences with 3.40 595.00 mayor Feliu and comm'r. Wiscombe; attended meeting with Mr. Aronson, counsel for establishment and considered fact and legal arguments regarding lawfulness of adult entertainment use; began analyzing federal decisional authorities regarding limitation on city powers to prohibit or limit use. 08/15/2003 EGG Attended meeting with Mr. Aronson, counsel for TK Promotions, 1.00 175.00 Inc. regarding legal', defenses to enforcement of sec. 847.0134. 08/15/2003 EAB Legal research per vice mayor Russell's request on Leon County 1.00 175.00 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. . ,7 -,. , ,..m'c''-- '.�"°v;r",a•';' —�' '"° �r? ',= —a-a'R'aFe+.s`m°�i, t'�%?„�a��?.'. r�.,a "'i+,..,'.$,3'4;+€s�_.'Y . "; . Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -140 Statement No.: 14681 Page: 2 and Tallahassee adult entertainment ordinances and litigation.' 08/15/2003 EAB Attention to adult entertainment statutes, case law and telephone 0.150 87.50 conference with crimes investigation unit of state attorney's office. 08118/2003 EGG Reviewed federal decisional authorities and prepared memorandum 4.50 787.50 regarding recommendations for handling adult entertainment matter; attended meeting with mayor Feliu, Ms. Davis, chief Watson, det. Robinson and Mr. Youkilis and provided legal advice and recommendations for handling matter; directed chief Watson and det. Robinson to not make arrests. 08/19/2003 EGG Telephone conferences with mayor and all comm'rs regarding adult 6.00 1,050.00 entertainment and other matters; attended meeting with ass't. state attorneys regarding prosecution of criminal violation for operating adult establishment and lewd and lascivious behavior; additional review of decisional authorities. 08/20/2003 NDH Researched and analyzed case law re: examples of zoning 6.20 1,085.00 regulations that are similar to South Miami zoning regulation; powers of municipalities, including' deference in drafting zoning regulations, ,general rules of law to uphold a zoning regulation, and challenge to the constitutionality of the zoning regulation. 08/21/2003 EGG Attention to building permit issues for adult entertainment 3.00 525.00 establishment; advised against seeking injunction concerning' unpermitted partition in bathroom. telephone conference with Ms. Davis, Ms. Lama, Mr. Martinez regarding outstanding permits; telephone conference with`ASA Nozick and det. Wagner regarding policing operation; attention to federal injunction law suit. 08/21/2003 EGG Analyzed emergency motion for temporary restraining order. 1.20 210.00 08/21/2003 EAB Legal research on nonconforming uses and adult entertainment. 4.00 700.00 08/21/2003 NDH Completed research re: examples of zoning regulations that are 5.50 962.50 similar to South Miami zoning regulation; powers of municipalities, including deference in drafting zoning regulations, general rules of law to uphold a zoning regulation, and challenge to the constitutionality of the zoning regulation; drafted memorandum re: the same. 08/22/2003 EGG Analyzed complaint for preliminary and permanent injunction and 6.00 1,050.00 declaratory judgment; prepared for and attended' hearing with judge Gold; reviewed order denying motion for temporary restraining order; reviewed order and briefing schedule of motion for preliminary injunction; commenced trial preparation. 08/23/2003 EGG Prepared for trial; telephone conference with Mr. 'Ro 9 ow. 7.00 1,225.00 08/23/2003 EAB Legal research on first amendment issues; preliminary injunction; 12.00 2,100.00 prior restraint; nonconforming uses; zoning restrictions; etc; telephone conference with Mr. Youkilis, Comm'r McCrae, Ms. Davis, Ms. Taylor, Mr. Basu, Vice; Mayor Russell' Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interestat 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 -140 Statement No.: 14681 Page: 3 08124/2003 EGG Prepared comprehensive memorandum in opposition to plaintiff's 8.00 1,400.00 motion for preliminary injunction; telephone conferences with mayor Feliu vice mayor Russell, and comm'rs. and received authorization to engage Mr. Bruce Rogow as special counsel; attention to evidence; analyzed decisional authorities. 08/24/2003 EAB Legal research on preliminary injunction standard, facts needed to 12.00 2,100.00 prove each of four elements; telephone conference with Mr. Oshikoya regarding occupational licenses; email communications with staff in anticipation of litigation; telephone conference with Mr. Subrata Basu regarding zoning issues; continued legal research on First Amendment prior restraint, time, place and manner restrictions, and case law cited by plaintiff; and prepared memorandum to file. 08/2412003 NDH Completed research and analysis of case law re: the proper 5.75 1,006.25 measurement standard for Section 893.13, Fla. Stat. (1991). 0812512003 EGG Telephone conference with Mr. Charlie Johnson regarding 7.40- 1,295.00 intervention by state attorney and providing affidavit that plaintiff was advised that SA will not prosecute until certain legal issues are resolved; attention to affidavits and other evidence; telephone conference with Mr. Aaronson about possible stipulation and voluntary withdrawal of motion for injunction; telephone conference with Mr. Lirneaux, Deputy Attorney General, regarding intervention by AG; attention to further handling needs; prepared affidavits and comprehensive memorandum for filing. 08/25/2003 EAB Meeting with staff at city hall and delegated evidentiary 15.00 - 2,625.00 assignments; began compiling exhibits; drafted affidavits for Ms: Taylor, Mr. Basu, Mr. YOukilis, Mr. Oshikoya, Sgt. Rodriguez, Det. Stroface, Capt. Feldman, Lt. Salerno; telephone' conferences with all afFants in order to draft` affidavits; and continued legal research. 08/25/2003 NDH Drafted and completed proper measurement standard 3.50 612.50 memorandum for Mr. Gallop 08/25/2003 NDH Researched and analyzed case law re: judicial notice; drafted and 2.00 350.00 prepared judicial notice memorandum 08/26/2003 EGG Telephone conferences with Kathleen Von Hoene, asst: attorney 8.40 1,470.00 general, George LeMieux deputy ':ass't. attorney general, Charles Johnson, chief, organized crime unit, regarding intervention of Attorney General and State Attorney in proceeding; prepared opening statement; final preparation of witness and exhibit list; prepared affidavits of witnesses; prepared Rule 11 letter; attended meeting with opposing counsel and demanded withdrawal of complaint and motion for preliminary injunction; attended conference with judge Gold; attended attorney - client meeting. 08126/2003 EAB Finalized exhibits; telephone conference with FPL and WASD; 8.00 1,400.00 attended deposition of Lt. Dan Salerno; meeting with Sgt: Rodriguez and bet. Stroface and revised their affidavits; telephone conference with Ms. Davis, Mr. YOukilis, Mr. Oshikoya, Capt. 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 -140 Statement No.: 14681 Page: 4 Feldman, Ms. Taylor regarding exhibits; assisted in revising nonconforming use memorandum. 08127/2003 EGG Analyzed recent federal judicial authorities regarding time, place 1.00 175.00 and manner restrictions on adult nude dancing cabarets. 08/27/2003 EAB Telephone conference with witnesses (Ms. Davis, Mr. Youkilis, 1 "50 262.50 Capt. Feldman, Lt. Salerno, Mr. Oshikoya, Mr. Basu, Mayor Feliu, etc.) informing them that hearing was canceled, provided update. 08/28/2003 EGG E -mail to comm'rs.',in response to constituent inquiry. 0.20 35.00 08/28/2003 EGG Analyzed amended complaint, with particular attention to 2.10 367.50 constitutional claims; telephone conference "with Mr. C. Johnson, ASA calls to Ms. Kathryn Fernandez Rundell, State Attorney,` Mr. George Limueux, Deputy Attorney General, and Mr. Bruce Rogow. 08/28/2003 EAB Attended meeting with ATF representatives. 0.130 52.50 08/28/2003 EAB Telephone conference with Mr. David Hope, county attorney, 0.30 52.50 regarding adult entertainment ordinance. 08/29/2003 EGG' Responded to e-mail about handling of case; telephone conference 0.70 122.50 with comm'r. McCrea regarding litigation strategy and further handling needs; telephone conference with Bruce Rogow. Total Professional Services 25,383.75 Rate Summary Earl G. Gallop 61.40 hours at $175.00/hr 10,745.00 Eve A. Boutsis 60.70 hours at $175.00/hr ` 10,622.50 Nakia D. Henry 22.95' hours at $175.00/hr 4,016.25 Total hours: 145.05 Expenses Parking Charge 13.25 08/25/2003 Service of Process - Four Parties - TWN, 409.00 FPL, Miami -Dade Water Sewer, Miami News Times 08/26/2003 Court reporter 83.70 08126/2003 Court reporter 161.25 08/28/2003 Outside copy job 26.75 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 -140 Statement No.: 14681 Page: 5 Sub -total Expenses: 693.95 For Professional Services 25,383.75 For Disbursements Incurred 693.95 Current Balance: 26,077.70 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 26,077.70 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. NTAG I NGALLOPFIGUEREDO.P.A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor. Telephone.:.. (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 September 10,`2003 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending August 31, 2003, in the amount of $45,783.96, and requisition no. 155. I have tabulated the amounts currently due on each individual file as follows: 0022 -027 Bruce v. CS1VI Prof 1 Services $ 15,841.00 Statement No. 14775 dated 09 109103 ' Disbursements 2,036.47 Total Due 17,877.47 0022 -095 Lazaro Tabares - EEOC Claim Prof l Services $ 60.00 Statement No. 14664 dated 09109103 Disbursements 15.17 Total Due 75.17 0022 -101 Hampton Pre- Determination Prof 1 Services 52.50 Statement No. 14665 dated 09109103 Disbursements 0.00 Total Due 52.50 0022 -113 Forfeiture of 1991 Nissan 300zx Prof l Services 180.00 c'tntomoj,t Nn 7,dK66 dntvd 09/09/03 Disbursements 12.00 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and city comm'n Date: September 12, 2003 Cc: Maria V. Davis, city manager Hakeem Oshiloya, finance director From: Earl G. Gallop, cit7atto R esolution Approving Attorneys' Fees and Costs to Kurzban, Kurzban, Weinger Vii. Tetzeli, P.A. August 2003 Statement Subject: Payment of $6,348.1.4 (Invoice No. 9397 dated July 31, 2003) to Kurzban Kurzban Weinger & Tetzeli, P.A. for services rendered in defense of Mark Richman Properties, Inc. v. City of South Miami, Case No. 03- 07058 -CA -24 (Fla. l Ph Cir. Ct. 2003). Discussion Mark "Richman Properties, Inc. initiated litigation against the city in which it seeks specific performance under a lease agreement and, or, $4.5 million in damages for an alleged breach of contract pertaining to the proposed development of the SW 73rd Street parking lot. With the city commission's consent, the city attorney retained special litigation counsel to defend against the action. This is the third invoice from special litigation counsel. The total billed to date is $16,917.29. 1 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. yx�� . — '— '�'�"':�°:s_, -mss.. �.-r— `,•m"�`^�' - z. r, .�:.: �":'�':F; �- ^F�'�';€?��?�r"'�aar�'- ��s.�'^ .:.;:.�^T'�, ',°�?.:z E'•,"�'�, F?;�Rnv,:�^€",3°�, �`,. z :'',n+,+,�'fi;.^�`� :.'.� _s'* '..R._�, CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Kurzban Kurzban Weinger & Tetzeli, P.A. Req. No. 156 Date: September 12, :2003 Finance Department Item Description and No. Quantity Specifications F-- TOTAL $6,348.1i] i Purchase Order No. I Terms /Discount _ ___ V — I Hereby Certify That The Coding of Accounts Approved Account Number � Unit Price ;Total and Issuance of Purchase Order Or Service Is Essential And A ` I Authorized 1 1 Other Contractual 1500 -5`14 -3450 $6,348.14 $6,318.14 i Services Balances Verified (Except As Otherwise Noted) Iead of Depaiftne at Finance Department F-- TOTAL $6,348.1i] i Purchase Order No. I Terms /Discount _ ___ V — I Hereby Certify That The Coding of Accounts Approved ............... ._ -_ Purchases as Above Approved 1, Above Material, Equipment, ` ' and Issuance of Purchase Order Or Service Is Essential And A ` Authorized Proper Request Against The Codes Char., Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Iead of Depaiftne at 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 PAYMENT OF 6 ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER &, 7 TET7ELI, P.A. IN THE AMOUNT OF $6,348.14; AND 8 CHARGING THE AMOUNT TO ACCOUNT NO. 1500- 514 - 3450, 9 OTHER CONTRACTUAL SERVICES; PROVIDING AN 10 EFFECTIVE 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 1.4 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 17 WHEREAS, with the city commission's consent, the city attorney retained 18 special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to del[end 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 July 31, 2003, in the amount of $6,348.14; 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 RI:;SO[,VED 11Y 'TI-IF 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 arnount of $6,348.14, is 33 approved for payment and charging the amount to account no. 1500 - 514 -3450, 34 Other Contractual Set-vices. 35 36 Section 2. This resolution shall take effect immediately upon approval. 37 Additiom shown by underlining and deletions shown by Vii . l 2 PASSED AND ADOPTED this day of September, 2003, 3 - 4 ` ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 _9 10 COMMISSION VOTE: I l READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 1.4 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: lb 17 18 19 20 21 22 23 24 25 \ \02srvplaA• \prolaA, \Documents \0022 \DAJ \19307.doc -Reso - 'Kurzban August 2003 Statement 26 27 28 29 30 31 32 313 34 35 36 37 38 39 Page 2 of 2 KURZBAN KURZBAN WEINGER & TETZELI, P.A. 2650 SOUTHWEST 27TH AVENUE, 2ND FLOOR MIAMI, FLORIDA 33133 (305) 444 -0060 PAGE: 1 CITY OF SOUTH MIAMI 07/31/03 C/0 EARL E. GALLOP, ESQ, CLIENT NO: 3917 -0001M 3225 AVIATION AVENUE, SUITE 301 STATEMENT NO: 9397 MIAMI, FL 33133 MARK RI'CHMAN'PROPERTIES, INC. VS. CITY OF S. MIAMI RATE HOURS 07/08/03 HT RESEARCH RE DEFENSES 250.00 3.,00 750.00 07/09/03 JEN RESEARCH RE DEFENSES 250.00 5.00 1,250.00 07/13/03 HT CONTINUE RESEARCH 250.00 0.50 125.00 07/19/03 HT RESEARCH /DRAFT MEMO RE ENFORCEABILITY OF CONTRACT AND REVIEW CONTRACT 250.00 5.50 1,375.00 07/22/03 HT EDITS TO MEMO TO SMW 250.00 3.00 750.00 HT CONTINUE EDITS TO MEMO AND CONFER WITH SMW 250.00 1.00 250.00 SMW REVIEWED ALL CASES ON' LIABILITY >AND DAMAGES; ATTENDED SPECIAL SESSION OF CITY COUNCIL 250.00 1.80 450.00 07/31/03 SMW EMAIL TO OPPOSING COUNSEL 250.00 0.10 25.00 FOR CURRENT SERVICES: RENDERED 19.90 4,975.00 EXPENSES 07/21/03 PHOTOCOPY CHARGE 37.80 07/22/03 PHOTOCOPY CHARGE 18.90 07/31/03 PHOTOCOPY CHARGE 0.30 TOTAL EXPENSES 57.00 ADVANCES 07/01/03 WEST GROUP - LEGAL RESEARCH 1,316.14 TOTAL ADVANCES 1,316.14 TOTAL CURRENT FEES & EXPENSES 6,348.14 PREVIOUS BALANCE $10,569.15 -TOTAL BALANCE DUE $16,917.29 4 SoUT$ CITY OF SOUTH MIAMI South Miami ° Ali -bie icacay' INCORPORATED 1927 C O RZAP 2001 TO: Honorable Mayor, Vice Mayor DATE: September 16, 2003 & City Commission FROM: Maria V. Davis ITEM N®. Z City M ager f RE: Acquisition of Appraisal Services for Compliance With GASB 34 Requirements RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;, RELATING TO COMPLIANCE WITH GASB 34, AUTHORIZING THE CITY - MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES' FOR AN AMOUNT NOT TO EXCEED $22,500.00 FOR THE FEES ASSOCIATED WITH' PERFORMING VALUATION OF CITY PROPERTIES AND PREPARING APPRAISAL VALUATION REPORT; AND ACQUISITION OF ASSET MANAGEMENT SOFTWARE; CHARGING AN AMOUNT NOT EXCEEDING $17,500.00 TO ACCOUNT NUMBER 001 -2100 -519 -3450, TITLED NON DEPARTMENT CONTRACTUAL ACCOUNT AND $5,000.00 TO ACCOUNT NUMBER 001 - 0000 - 219.5300, TITLED ESCROW COMPUTER NETWORK; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND' In June 1999, Governor ntal Accounting Standards Board, (GASB) issued Statement No. 34, the most significant change in the history of governmental financial reporting. Statement 34 covers the basic financial statements, note disclosures, and the new Management Discussion and Analysis (MD &A). The Statement requires governments to report capital assets with consideration for depreciation, including land, land improvement,, infrastructure, buildings,; moveable equipment, works of art and historical treasures. This new method of reporting elevates the financial reporting requirements of governmental entities to the same leve as the private sector; thereby making it easier for users of financial statements to compare' private and p 'blic sectors financial results. In order to be in compliaInce with this new reporting requirement and prepare our Comprehensive Annual Financial Reports (CAF') in accordance with Generally Accepted Accounting Principles (GAAP), the City is required to begin reporting its long - lived capital assets at historical cost, net of accumulated depreciation, and depreciate them over their useful lives effective at the end of the current fiscal year. In the event the historical cost of an asset is not available, the City may estimate original cost and use the value to begin the deprec iati on. At this moment, the city does not have historical cost of all its assets making it necessary to hire a professional Appraiser to conduct appraisal of all our assets to be used in preparing the necessary reports required by GASB 34. We contacted several governmental entities within the State that have implemented this new r porting requirement to determine the best company appropriate to conduct the - `,_^.: ' '�k'"`i i%..?9�"Ym4 y .. '[°rv-, a�. -t .+.'£T.. rv."',e v'ks'T.'rn'. ✓G'� aT"�, r ✓$t appraisal for us. Majority of these entities representatives recommended the firm of American Appraisal Associates. This company has performed appraisal services for the City of North Lauderdale, Broward County, Cooper City, Miami Springs to name a few. The company will use the following 'schedule in performing the engagement: 1) Develop project work plan for approval by the City and external auditors prior to commencement of fieldwork. 2) Conduct inventory of the assets. 3) Perform reconciliation of assets from the current fixed assets database. Historical cost will be used for those assets that "have them available in our fixed asset ledger. For assets without historical cost and /or acquisition date, the company will estimate the original cost and acquisition date. 4) Prepare: preliminary and final reports. 5) Provide weekly staffs reports as to progress of work, or challenges incurred throughout the study from inception to delivery. The company will also provide a bar code system with software to facilitate the continuance of maintaining an accurate,, computerized citywide inventory system. Funding for the appraisal work is available in the budget for next fiscal year. The account number to be charged is 001 - 2100 -519 -3450, titled Non Departmental Contractual Services, and the software will be charged to general' ledger account number 001- 0000- 219.5300 with a balance of $38,000. RECOMMENDATION: I recommend approval. I RESOLUTION NO, 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF 'SOUTH MIAMI, FLORIDA, RELATING TO COMPLIANCE 5 WITH GASB 34, AUTHORIZING THE CITY MANAGER TO ENTER 6 INTO AN "AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES 7 FOR AN AMOUNT' NOT TO EXCEED $22,500.00 FOR THE FEES $ ASSOCIATED WITH PERFORMING VALUATION OF CITY. 9 PROPERTIES AND PREPARING APPRAISAL VALUATION REPORT; 10 AND ACQUISITION OF ASSET MANAGEMENT SOFTWARE; CHARGING 11 AN AMOUNT NOT EXCEEDING $17,500.00 TO ACCOUNT NUMBER 12 001 - 2100 -519 -3450, TITLED NON DEPARTMENT CONTRACTUAL 13 ACCOUNT AND $5,000.00 TO ACCOUNT NUMBER 001- 0000 14 219.5300, TITLED ESCROW COMPUTER NETWORK; AND 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, in June 1999, the Governmental Accounting 19 Standards Board issued Statement Number 34,` establishing new 20 financial' reporting standards for state and local governments 21 including states, counties, cities and villages; and 22 23 WHEREAS, as part of the new statement the City is required 24 to report its infrastructures, land, land improvements, 25 buildings, moveable equipment, works of art at historical cost, 26 net of accumulated depreciation; and 27 28 WHEREAS, the implementation of the new statement by local 29 governments is required to be done in phases based on the size of 30 revenues and different deadlines; and 31 32 WHEREAS, the City of South Miami falls in Phase 2 with a 33 deadline of September 30, 2003 to begin reporting its 34 Comprehensive Annual Financial Statements (CAFR), in accordance 35 with the provisions of the new statement; and 36 37 WHEREAS, in accordance with city's competitive bidding 38 procedures, the City Administration is recommending than American 39 Appraisal Associates be awarded a contract to provide appraisal 40 services for the City in accordance with the requirements of GASB 41 34; and 42 43 WHEREAS, American Appraisal Associates holds the City of 44 North Lauderdale bid and several other local municipalities 45 within Miami Dade County. 46 47 NOW, THEREFORE;, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 48 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 49 50 Section 1. The City Manager be, and hereby is authorized to 51 sign an agreement and disburse an amount not exceeding $22,500.00 52 to American Appraisal Associates Inc.. for appraisal services and 53 acquisition of software. I 1 2 3 4 5 Section 2. This resolution shall take effect immediately 6 upon approval., 7 8 PASSED AND ADOPTED this day of September 2003. ` _9 10 ATTEST: APPROVED: 11 12 13 CITY CLERK MAYOR 14 15 READ AND 'APPROVED AS TO FORM: COMMISSION VOTE: 16 Mayor Feliu:, 17 Vice Mayor Russell: 18 Commissioner Wiscombe: 19 CITY ATTORNEY Commissioner Bethel: 20 Commissioner McCrea: 21 i United States international Atlanta Milwaukee Austria Mexico Boston Minneapolis Canada Morocco Buffalo New Orleans China Portugal Charlotte New York ® Czech `Republic - Russia Chicago Oak Brook ' American) Appraisal Associates England Spain Cincinnati Philadelphia Germany Thailand 11234 Villa Trace Place Greece Venezuela Dallas Pittsburgh Charlotte, NC 28277 Hon Kong Denver Princeton- 9 g Detroit St. Louis Hungary Houston - San Diego Office (800) 749- 1084 Italy Irvine San Francisco Home (704) 543 -0551 Japan Jacksonville Schaumburg Fax (704) 543 -0554 Los Angeles Seattle September 5, 2003 Ms Kathy L. Vazquez Purchasing, Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 -5093 Re Comprehensive Proposal for Implementing GASB 34 Capital Asset Reporting Dear Ms, Vazquez: American Appraisal Associates, Inc. (" American Appraisal ") is pleased to provide this proposal for professional _�.. a:__ » ,..�� ..... ,,.,.. The n..rnnnn of nrrrWnrl 1erill he fn rlowninn n fntY InnnIhonclVP rp.ntirt r..nvP.rinn ti1P.' valuation consulting services. he Fui NvJ� vi vul vvvi n vn.. — I.- ....v...p+..� — ... ,............ •...--r.-. • -- • - .., -.. _ capital assets of the City of South Miami (the "City ") to assist you in meeting the reporting requirements of the Governmental Accounting Standards Board's (GASB) Statement No 34. The attached proposal includes the services requested by the City. In developing our recommendations we have given consideration to the data provided by you, discussions with City staff, and our past experience and expertise in addressing the needs of numerous government entities in South Florida. American Appraisal, founded in 1896, is the world's largest valuation consulting firm with one of the largest dedicated full -time professional staff dedicated to serving the Public Services community within the valuation industry. Valuation consulting is ouronly business. NeitherAmerican Appraisal, nor any of its subsidiaries, perform accounting or bookkeeping related services. It is our commitment to maintain total independence and protect our clients from any concerns of a "conflict of interest" with their auditors. The implementation of GASB 34 presents many challenges to governmental entities as financial statements are reconfigured to meet the new reporting requirements of GASB 34. American Appraisal has successfully developed and implemented capital - asset reporting programs including the identification of assets, development of historical cost data, lifing of assets and depreciation calculations. In support of our commitment to the public sector we have committed significant staff resources in -house to service our clients, in the establishment of industry-wide standards, and in educational forums including presentations, publications, and continuing education seminars.' Highlights of our involvement in the development of standards include the following: We value your busineis.0 -^'-r.= ,.-m -% ' ".:•:r,," =.. :,,r. ,',",`'�"s=.m.kr*. ,sue+,,.., , €, :*snx. -^T, i :P "'�` „,"” American Appraisal Associates Ms. Kathy L. Vazquez September 5, 2003 City of South Miami: Page 2 • Kevin J. McHugh, Senior Vice President and National Director for Governmental and Higher Education Services serves on the GASB Capital Asset and Asset Impairment Task Forces. Kevin is also a member of the GASB and NACUBO's Statement No. 34/35 implementation Guide Review Committee. • Senior members of American Appraisal's staff have spoken with numerous groups to discuss the impact of the development of accurate property management procedures. • American Appraisal has worked in partnership with accounting firms, engineering firms, and governmental entities to develop and implement industry -wide standards for the proper recognition of fixed assets: CONCLUSION The attached Technical Proposal details our methodology to meet your specific requirements. If you have any additional questions or concerns, please do not hesitate to contact me at 704 - 54-0551 or via e-mail at tmoore@american- appraisal.com. After reviewing our proposal we would welcome the opportunity to meet with you to discuss questions or additional needs you may have. We look forward to working with you soon. Respectfully submitted, Thomas C. Moore Assistant Vice President TM /jj Attachments American Appraisal Associates BACKGROUND INFORMATION GASB STATEMENT No. 34 On June 30, 1999, the Governmental Accounting Standards Board (GASB) issued Statement No. 34, Basic Financial Statements - and Management's Discussion.and Analysis for State and Local Governments. The statement establishes new financial reporting standards for state and local governments including states, counties, cities, towns, villages and special purpose governments such as school districts and public utilities. Statement No. 34 established the following requirements for financial reporting; • Management's Discussions and Analysis (MD &A) • Basic Financial Statements Government Wide Financial Statements Fund Financial Statements Notes to Financial Statements • Required Supplementary Information (RSI) GASB 34 also requires the utilization of the economic resources measurement focus and the accrual basis of accounting for financial reporting purposes. In addition, reporting for governmental and business -type activities should be based on GASB pronouncements as well as all pronouncements issued by November 30, 1989 by the following organizations: • Financial Accounting Standards Board (FAS'B statements) • Accounting Principles Board (APB opinions) • Committee of Accounting Research (Accounting Research Bulletins) Effective bate The requirements of the statement are effective in three phases based on the government's total annual revenues as follows: • Phase 1, (governments with total annual revenues of at least $100 million) - financial statements for periods beginning after June 15, 2001 (i.e. 06130/02, 09/30102, or 12/31/02) • Phase 2 (governments with total revenues of at least $10 million but less than $100 million) - financial statements for periods beginning after June 15, 2002 (i.e. 06 /30/03, 09130 /03, or 12/31/03) City of South! Miami 1` September 5, 2003 gpn n u L American Appraisal Associates • Phase 3 (governments with total annual revenues less than $10 million) - financial statements for periods beginning after June 15, 2003 (i.e. 06/30/04, 09/30/04, or 12/31/04) New Capital Asset Reporting Requirements GASB 34 is based on the premise that governmental" entities have recorded the historical cost of all assets, other than infrastructure, in previous financial statements. Therefore, GASB 34 requires that the Government begin depreciating these assets in accordance with each asset's historical cost, age and remaining life.. One of the most significant changes in a Government's financial statements, and certainly the most controversial, requires that infrastructure be reported at historical cost, net of accumulated depreciation. Infrastructure assets are long -lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years than most capital assets. Capital assets should be depreciated over their estimated useful lives unless they are either inexhaustible (land /easernents /rights -of- way) or are infrastructure assets reported using the modified approach. Determining Major Infrastructure Assets At the infrastructure transition date, governments are required to capitalize and report major infrastructure assets that were acquired in fiscal years ending after June 30, 1980, or that received major renovations, restornfinng nr imnrnvamanfc r1winn fhnf naarinrl In rietarmininn nnnnrfinn'racnnnoihili +v +hey ivnvornw ^n +nl° .. _, ...r,.., ..,...,,...., y .., �.. ... . .,..........y v�rvun y �..�Nvuoiunny, a r�, yvvci i n nci nai entity with the primary responsibility for managing an infrastructure asset should report the asset. A' government should report the asset even if it has contracted with a third party to maintain the asset. Major infrastructure assets are those networks or subsystems with an estimated cost of at least 5% of the total cost of all capital assets reported in the first fiscal year ending after June 15, 1999. Reporting of non - major infrastructure assets is encouraged but not required. The nature of assistance provided by a professional appraisal firm, such as American Appraisal, to governments will depend on the government's approach to the retroactive capitalization of infrastructure: Generally, the recommended "best efforts" approach to meet the reporting requirements of GASB 34 would entail the following. • Capitalization of major infrastructure assets (networks and subsystems greater than 5 %) • Capitalization of .all additions (including additions made before June 30, 1980) • Determination of estimated historical cost (based on current replacement cost deflated to the year of acquisition) City of South Miami 2' September 5, 2003 American Appraisal Associates` • Development of a composite property record and depreciation methodology (rather than detailed individual records and calculations for network assets) The classification of the different elements of infrastructure assets into groups will have a significant effect on the composite calculation of depreciation and, in particular, the composite calculation of the average useful life and acquisition date for the group. Establishing Capitalization at Transition The initial capitalization amount should be based on historical cost or estimated original cost if the availability of historical cost records are not available. Estimated Original Cost A government may estimate the original cost of major infrastructure assets by calculating the current replacement cost of a similar asset, then indexing the cost through the use of "reverse" price -level indexes to the year of acquisition or estimated year of acquisition, thereby resulting in an estimated original cost as of the actual or estimated date of acquisition. Supporting Information for Estimated Historical Cost The followina information may nrnvide sijffiriPnt siinnnrt fnr PGtahlichinn initial ranita1i7atinn bond documents used to obtain financing for construction or acquisition of infrastructure • expenditures reported in capital project funds • capital outlays in governmental funds • construction contracts • purchasing records • current replacement cost, indexed to date of acquisition Calculation of Accumulated Depreciation Accumulated depreciation should be based on historical cost or estimated original cost), acquisition date or estimated acquisition date and useful life. Useful Lives In determining the estimated useful lives of capital assets °including infrastructure, a government should consider an asset's present condition and how long the asset is expected to meet service demands, along with the following information; • general guidelines obtained from professional or industry organizations City of South Miami 3 September 5, 2003 r I ,s American Appraisal Associates • information for comparable assets of other governments • other internal information Composite Depreciation Methods Governments may use composite methods to calculate depreciation. Composite methods represent the depreciation of a group of similar assets using the same depreciation rate. Initially, a depreciation rate is calculated based on an assessment of the useful lives of the group of assets. On an annual basis, the predetermined rate is multiplied by the aggregate cost of the group of assets in order, i:o calculate the depreciation expense. As a result, there is no detailed record for accumulated depreciation; by asset. However, total accumulated depreciation for the group of assets should not exceed the aggregate capitalized cost for the group. Modified Approach As an alternative to reporting depreciation expense, a government may elect not to depreciate infrastructure assets that are part of a network or a subsystem of a'network if the following two requirements are met: 1, The government utilizes an asset management system to manage the eligible infrastructure assets. 7 The nnvarnmant miimt rlic-Inca the rnnrlitinn ratinnc at �r;hi�h -the y.,.,,..,.,..,... ...�., .....,,.,.. ,,..,....,,., n infrastructure assets will be maintained at or above: 3. The government must document that the eligible infrastructure assets are being preserved at or above a condition level established.' To qualify for the modified approach, an asset management system must meet the following requirements: • Maintain an up -to -date inventory of assets in the infrastructure network or subsystem; • Perform condition assessments of the network or subsystem assets at least once every three years and report the results of the last 'three complete condition assessments; • Prepare an annual estimate of the amount required to maintain and preserve the network or subsystem assets at the established condition level; If a government elects the modified approach, all infrastructure expenditures to preserve the useful life of the assets should be expensed, In addition, all infrastructure expenditures that extend the useful life or improve the efficiency of the assets should be capitalized. City of South Miami` 4: September 5, 2003 American Appraisal Associates Effective Date Prospective reporting of ,general infrastructure assets is required beginning at the effective dates of the Statement. Retroactive reporting of major infrastructure assets is encouraged beginning at the effective dates of the Statement. Retroactive reporting of major infrastructure assets is required effective in phases based on the government's total annual revenues as follows: Phase 1 (governments with total annual revenues of at least $100 million) - financial statements for periods beginning after June 15, 2005 (i.e. 06/30/06 or 12/31/06); Phase 2 (governments with total annual revenues of at least $10 million but less than $100,million) - ;financial statements for periods beginning after June 15, 2006 (i.e. 06/30/07 or 12/31/07) Phase 3' (governments with total annual revenues less than $10 million) - are 'encouraged but not required to retroactively report major infrastructure assets Summary The implementation of GASB 34 presents many challenges to governmental entities as financial statements are reconfigured to meet the new reporting requirements of GASB 34. American Appraisal has successfully developed and implemented capital asset reporting programs including the identification' of assets, development of historical cost data, lifing of assets and depreciation calculations. The decision to properly address the new requirements underGASB 34 involves a significant commitment from the City in resources, both in financial terms and staff requirements. When selecting a partner to handle your capital asset needs, American Appraisal makes the best business sense. While the responsibility for the completion of this project rests with American Appraisal, the successful execution of the project plan is a cooperative effort between the City and American Appraisal. CITY'S RESPONSIBILITIES 1. Provide a list of all property to be included in the assignment, along with physical location /street address, on -site property contact/department liaison, and telephone number.' 2. Identify a representative of the City to serve as the primary on -site contact and liaison between the City and American Appraisal. City of South Miami 5 September 5, 2003 .,^un'.' ",i r ..�'a-n'b* ,"i'�T; ....tf.'�tY�„xY..�.'.r., `S Y`is%+��';., "rM, ': "E i ':xF15°".'�'s'=', nR`�'�„iF"..., o-',�i"u•'. ^, . American Appraisal Associates 3. Provide copies of any prior fixed asset listings, including schedules of infrastructure assets, in hard copy and electronic media. 4. Provide complete and open access to all designated areas including security escorts for security- sensitive areas, AMERICAN APPRAISAL'S RESPONSIBILITIES 1 Develop project work plan for approval by the City and external auditors prior to commencement of our field investigations. 2; Conduct an inventory of the assets. 3. Limited reconciliation of assets from the current fixed asset database. Where we match an asset number to your fixed asset ledger, we will carry forward the historical cost and acquisition date as reported. For assets without a cost and /or acquisition date, we will estimate the original cost and acquisition date. 4. Prepare preliminary and final reports: C 4 n nmor in nn Fn n it nr r nnn , nr nhplFnr orrsn , in ns ir r ori ❑ r ov°un weekly atatus cNi to as tv vui Ni vy1ca v1 U auci iyw a ivuIi cu throughout the study from start to delivery. TIMING AND DELIVERY Because of our size, American Appraisal has the resources and flexibility to adjust our schedule to best suit the specific timing requirements of the City. Completion of projects such as this take approximately eight to ten. (8 to 10) weeks. Based on our current staffing and our understanding of the project, we propose the following schedule to complete the engagement. Week 1 Development of Project Plan and delivery of information requested in the Initial Data Request; kick -off meeting`start of field work • Week 2 Continuation of field work, site inspections, asset inventory Weeks 3 - 5 Reconciliation, costing, and preliminary report preparation - Week 6 Delivery of preliminary report - Weeks 7 and 8 Review of preliminary report by the City City of South Miami 6 September 5, 2003 . .� American Appraisal Associates • Weeks 9 and 10 Production of final report incorporating recommendations If the above schedule needs to be altered, we will work with you to arrive at a mutually convenient schedule. ENGAGEMENT TEAM Professionals assigned to this project will involve several levels of management: executive review, project.- manager, contract manager, and the appraisal staff; The project staff will include: Executive Review: David Greenwalt Managing Principal Project Manager: To be determined based on availability` Contract Manager: Thomas C. Moore Assistant Vice President The above professional staff members will have overall responsibility and are key personnel to the successful completion of the assignment. Specific appraisal staff assignments may vary depending 'upon current nvailnhilit�, at the the of the — ithorizatinn to -rnn ed with thin nrninnt a 111 HILy >QL LI1G L1111V V1 L11V QU.LHUMLOUVII LV..F1 UL VUU VVILII U110 FIVJUCL. City of South Miami 7 September 5, 2003 .�.. American Appraisal Associates OPTIONAL SERVICES AMERICAN APPRAISAL'S UPDATING AND PERPETUATION SERVICE OFFERINGS At the exit conference the following optional updating and perpetuation services will be discussed in order to design, subject to your final approval, a program that meets the City's annual requirements for fixed asset' reporting. These programs will be subject to annual renewal and approval by the City and can be, of course, modified each year to meet your requirements as they may change and develop over the years, Annual Capital Asset Review Service (A CARS) American Appraisal's Annual Capital Asset Review Service (AGARS) incorporates all the elements of our Property Record Outsourcing service as described above, with the additional service consisting of an annual on -site visit by an American Appraisal property accounting professional The visit would be scheduled to coincide with the City's annual year -end, prior to development of the City's Comprehensive Annual Financial Report. American Appraisal's representative would review data requests and compilations as well as major capital acquisitions, retirements, and deletions. The City's update information will be completed as of the conclusion of the site visit and submitted to American Appraisal's report processing team for preparation of the annual Continuous Service reports for fixed asset accounting purposes; The Continuous Service reports will be shipped to you 30 to 45 days after the site visit is complete. ` Our fees for ACARS will be dependent on the size of the initial file and the anticipated scope of the site visit. Asset Verification Service Periodically, the accuracy of the database should be reviewed. To satisfy this need, we offer a verification service option. This involves American Appraisal performing an on -site verification of tagged fixed assets. One of our staff appraisers will record the location of all tagged assets using a portable bar code scanner. We will then. • Scan and record the current location of all tagged assets; • Tag and record assets meeting your capitalized threshold that are not tagged; • Update the database to reflect this activity; • Issue draft reports (a) that reflect all capitalized assets for which we affixed tags (additions), noting their present locations, and (b) "unrecorded retirements," those items on the prior data base but not found during the asset verification. City of South Miami 8 September 5, 2003 4, .,..a. American Appraisal Associates The benefits of this service are,` • You will no longer have to process paperwork to reflect movements; • internal staff will not have to perform the annual inventory freeing them up for other important tasks; • The asset verification will be completed efficiently and quickly during a time period determined by you; • The results will be certified by American Appraisal, a recognized independent fixed asset consultant. Property Record Outsourcing In ajoint effort between ourclients and American Appraisal, our Property Records Outsourcing Service creates a working environment to assure the validity and reliability of the City's property records by maintaining and updating the data file for changes to the City's fixed assets on an annual basis. This can be accomplished by submitting capital asset additions, retirements, and transfers to our staff using hard -copy forms (with instructions), spreadsheet or database formats sent either through mail on a diskette or by utilizing e-mail. In addition, American Appraisal can provide members of its professional staff to assist in the compilation of the annual capital asset activity listings. Our Property Records Outsourcing Service provides our clients with historical cost, current period depreciation and accumulated depreciation by account for accounting purposes: As a result, our Property Records Outsourcing Service provides an updated fixed asset subledgerfor the City's accounting and financial reporting requirements. In addition, experience indicates that our Property Records Outsourcing Service clients typically do not require a complete re- inventory of moveable equipment for at least eight to ten years: The standard American Appraisal reports for the Property Records Outsourcing Service are summarized as follows: Property Accounting' Reports 1. Property Accounting Summary 2. Property Accounting Ledger 3, Retirements Report 4. Additions Report 5. Adjustments Report 6. Transfers Report City of South Miami 9 September 5, 2003 American Appraisal Associates 7. Cost Summary 8. Reserve Summary Property Control Reports 1. Property Control Master Summary 2. Property Control Summary 3. Property Control Report 4. Disposition Report 5. Inventory List 6. Expiration Report The fees for the Property Records Outsourcing Service are based on the number of assets in the property record file and the amount of assistance required by the City in the compilation of the annual additions, disposals, and transfers information. Data File Transfers and Conversions If the City chooses to convert the capital asset data to its fixed asset accounting system but its internal information technology staff is not available to support the project within the specific time frame, a file conversion will be required. A full file conversion requires considerable dialog with the fixed 'asset system vendor and the City's information technology staff or external consultant in order to determine the following parameters: file lavouts file format required fields • field sizes •. justification of data default information • ` external data tables • import capability of the receiving software We understand that the City is currently operating Pentamation financial software. Due Ito the fact that Pentamation software contains multiple file layouts, we can work with City staff to determine the correct Layout for the operating version in use. A separate fee quotation for the data file is indicated in the Professional Fee section of this proposal: AAA can also provide an electronic data file in ASCII, Excel or Lotus for use by City staff in performing their own conversion. This service is specified at a fixed fee. In -House Updating - Fixed Asset Software If the City wishes in -house management of the appraisal data and subsequent changes, we recommend the Best Software FAS -gov Suite fixed asset software package. Review of materials that follow will confirm that the City's objectives and requirements will be met by products within this system of programs. City of South Miami < 10 September 5, 2003 American Appraisal Associates Best Software attributes include: a. Stand alone or SQL server network capabilities (10 users option) b. Ability to export data in a variety of formats co Direct linking with bar code scanning hardware d Multiple security access levels e. Toll-free support for at least 90 days f. Depreciation function to calculate monthly depreciation on a straight-line basis g. Reporting formats and flexibility designed to satisfy GASB 34/35 requirements h. Availability on CD -ROM i. Database back -up function Further, by way of business relationship between American Appraisal and Best, you will receive a significant discount off their published prices (as included in the attached materials). While we have offered a specific price for the software, many City specific factors and preferences will determine the most appropriate - Best Software products to satisfy the needs of the City at the lowest cost. These factors include: whether the system will be networked; confirmation of the number of users or seats with access, desire to acquire bar code scanners, etc. We suggest that decision regarding software be made during the planning phase of the project to ensure that all relevant requirements are known and that all perpetuation needs are determined. Best Software will provide a demo disk of the system and an on -fine presentation of the system at the request of the City to provide a thorough review of functionality, options, hardware requirements, asset validation approach, and so forth. On -site training ,related to the selected system, if desired, will be provided and conducted by Best representatives. This function has not been 'included in our fee quotations as the approach and duration , desired by the City are unknown. Best, recommends that training for the Suite product be conducted over a three day period to cover asset management, record entry, re- inventory, reports generation and other related topics. Best charges $1,600 per day plus travel and living expenses for on -site training. If purchase of the Best Software package is elected by the City, a separate Ageement will be provided for execution based on the number of seat licenses selected. Computer Media Data Diskette If a Best software package is purchased by the entity, we will provide the appraisal data in a formatted ASCII file to permit direct import to the software at standard cost. City of South Miami 1 September 5, 2003 American Appraisal Associates TECHNICAL PROPOSAL The capital assets to be included in this proposed engagement are located in various City -owned facility sites and structures, as reported by the City. The property includes approximately 23 buildings plus '7 parks. Square footage of City owned buildings was not available from current records. The facilities include Capital Assets which comprise typical municipal or institutional occupancies (administration, education, police, fire, maintenance, parks, etc.) Also included, are the City's infrastructure comprised of roads, lighting, signs, sidewalks, easements /ROW, traffic control devices,' and the storm water management system. We were advised that the City does not operate Enterprise Funds such as water and wastewater treatment. Asset categories included in the development of the comprehensive fixed asset model include: • Land • Land Improvements • Infrastructure • Buildings • Moveable Equipment • Vehicles' (Based on State registration records) Excluded from the services provided by this proposal are; • _Assets Below the Capitalization Threshold • Leased Equipment • Expendable Inventories • Assets in or at locations that are considered as not easily accessible - • Personal Property of Employees or Others Supplies /Expendables When equipment is not easily accessible, we will consult with you to gather the information, or the assistance, needed to perform our inventory. If desired; library books, radios, weapons, computer software, fine arts and historical treasures (monuments), and licensed vehicles ( "Special Assets ") can also be incorporated into the record, based on information supplied by the City. This information must be provided to American Appraisal during the initial field inspection to be included in the reports. We will not inspect, tag or value any of the Special Assets identified' by the City.. City of South Miami T -1 September 5, 2003 American Appraisal Associates ENGAGEMENT METHODOLOGY Land Land will be included based on the data provided to us by the City. As a part of this engagement, we will conduct a cursory review of the data. Should it become evident that the data is not representative of the City's holdings, we will recommend additional options to develop a reasonable methodology for the reporting of land data. If the electronic data is not available, or sufficient, American Appraisal will research City records to identify the City's owned land assets. In gathering this data, we will: • Research the County Assessor's databases and files to identify land owned by the City; Utilize data gathered from the County Assessor's office to research deed information; Compile a data report indicating, as available, the following items: 0 Parcel Number 0 Parr,Pl Address 0 Date of Sale 0 Grantor 0 Grantee o Parcel Size 0 Estimated Acquisition Price 0 Other pertinent data such as: Any reference to existing improvements Any reference to other official records referred to in the deed, which may provide additional information Upon completion of the identification process we will meet with you and your external auditors to discuss our findings. At that time, we will be prepared to discuss the materiality of developing the historical costs for parcels for which acquisition costs were unavailable. Infrastructure American Appraisal will 'require access to certain information currently maintained by the City regarding infrastructure assets to be appraised. This information will include: City of South Miami T -2 September 5, 2003 American Appraisal Associates • Asset Classes (roads, bridges, lighting, etc._) • Quantitative (lane miles, square feet, etc.) • Description of the Asset • LocationalInformation • Historical Cost • Date of Acquisition The designated infrastructure assets that will be included are as follows: • Roads streets, curbs, gutters • Sidewalks • Storm Drainage System • Traffic Lights /Controllers • Parking'Meters • Signage • Easements /ROW American Appraisal will value the City's infrastructure, as identified above. American Appraisal will require data from the City which may include maps, CADs, and GIS system. American Appraisal will assign dates of construction, depreciable lives and original cost estimates consistent with tha methndnlnnv nrnmi,lgated in the Statement. American Appraisal will assign current replacement values and apply reverse inflation indices to these values. The application of "reverse inflation indices" adjusts the current Cost of Replacement estimates to price levels that would have prevailed at the time of original construction or purchase. The sources of the indices to be used will combine published research price trends for the various classes of infrastructure property and data maintained in our files for the same purpose. American Appraisal will exclude interest costs, cost overruns, overhead /profit charged by contractors, and premiums paid for services performed, unless evidence of such historical cost is provided by the City. Enterprise Fund Classifications The capital assets of enterprise funds such as water and sewer utilities, should generally be included in a government's enterprise' funds, Therefore, under Generally Accepted Accounting Principles (pre GASB 34), capital assets and accumulated' depreciation are required to be reported for enterprise funds. The specific data elements to be documented for the development of the property record will include the following for each asset: • Quantity •' Location Number City of South Miami T -3 September 5, 2003 American Appraisal Associates • Historical Cost •` Asset Description • Accumulated Depreciation Classification Code • Acquisition Date • Etc. Life Buildings / Land Improvements The appraisal will include an inspection of all City owned buildings that are included on the supplied Schedule of Properties to be Appraised. Site maps will be requested to assist the appraisal team in determining the identification and location of buildings.` The specific data elements to be documented for the development of the property record for buildings are summarized as follows: • Site Location Number' • Building Number /Building Name • Description Acquisition Date • Function Code • Historical Cost/Estimated Original Cost • Accumulated Depreciation Life Class Code While inspecting site structures, we will also conduct an inventory of site /land improvements and miscellaneous structures. Pertinent data regarding assets in these categories, i.e., paving, lighting, fencing, park improvements, below grade data communication systems, etc, will be recorded to permit assignment of value. Upon the completion of the building inspection,` the buildings will be compared to your current property records to assure the consistency in data elements such as date and cost of original construction, as well as any significant renovations and additions or improvements' to the designated buildings. Individual buildings where this information is not provided will be estimated utilizing accepted appraisal procedures. The methodologies to be utilized to assign a cost and depreciation for each building will be Direct and Normal Costing, as discussed within the costing methodology section of this proposal. Moveable Equipment A detailed inventory of moveable equipment will include a physical inspection of all owned equipment with a unit cost in excess of the $500 capitalization policy that are located at the locations included on the Schedule of Properties to be Appraised. Floor plans will be required to assist the inventory team in assuring that no areas are missed: City of South Miami T -4 September 5, 2003 American Appraisal Associates Equipment with a unit cost in excess of the $500 capitalization policy will be tagged with a bar code asset tag in a uniform and consistent manner in order to facilitate scanning in the future. When tagging specific types of assets such as wood furniture, care will be taken to place the tag in a location that will not deface the asset. American Appraisal can provide plastic bar coded asset tags or utilize tags that you supply. The tags will be Plastic (Polyester) labels, Code %2 39, and the approximate size will be 1 ' x 3 /a ". We will plan to apply these tags ; to each controllable unit and record the tag number as part of the asset's data record. Should you decide that American Appraisal will provide the tags, you will be responsible for the extra cost. Upon completion of the physical inventory, inventoried assets will be compared to historical property records to assure the consistency in data elements. This basic reconciliation will be accomplished by the utilization of the results of the physical inventory, historical property records furnished by the government, and technology resources. Inventoried assets that are not readily matched in the reconciliation process will be addressed in the cost analysis process. It is important to note that we will not be performing a detailed reconciliation to the City's existing fixed asset ledger. To the extent that we match an asset tag number, we will maintain the integrity of the historical cost and acquisition date information for those assets. We will provide the City with a listing of assets not found during the course of our field investigation. The City will have 30 days to review the draft of the inventory and valuation study. After 30 days those assets not found will be considered as unrecorded retirements and final reports will be issued. SPECIFIC DATA ELEMENTS /DEFINITIONS In preparing the comprehensive fixed asset record of the City's assets, we will provide the following items of data on each asset, as appropriate. The specific data elements to be captured are. 1 a Asset Location A system to identify the physical location of the appraised property (site, floor, room, etc.). 2. Building Identification - Where used, existing numerical identifications will remain; unidentified space will be numbered sequentially following the last assigned number, 3. Department- Existing numbers will be utilized. When not available, American Appraisal will identify those particular areas. Generally, only one unit number will be applied to a particular space. The largest department representation will be utilized. 4. Asset Number- A sequentially assigned asset number placed on controlled property by the Fixed Asset System. This can be a bar coded tag that is City of South Miami! T -5 September 5, 2003 r?p ?',— j' °°c�- - �.." `R: ?"` ,'Sr:?-. k 5r.w . .id+--'- M.w . a. "., _ s'^r€s , -�:.m American Appraisal Associates affixed to each controllable asset or a computer- generated number for group- controlled items. 5. Asset Account`- A major classification of property to identify major grouping of assets, i.e. buildings, land improvements; equipment, vehicles, etc. 6, Asset Classification - A subdivision of property to further identify assets, i.e. outdoor equipment, business machines, data processing equipment, furniture, audiovisual equipment, books, food service equipment, etc. This 'field may be used to include the City's commodity code. ` 7. Function Code 8. Quantity- Unit - controlled property will be recorded as one. 9: Asset Description _r Manufacturer's name, model, generic nomenclature, and serial number will be utilized for unit - controlled assets. For buildings, we will describe the type of structure, size, square footage, and building materials used as well as the fire, safety, and security apparatus /systems in place. COSTING METHODOLOGY/DEFINITIONS 1' Historical Cost' - The actual cost of a property to the present owner - the cost as of the date the property was first constructed or originally installed. When historical cost is provided in a usable format, it will be included. When this information is not readily available, American Appraisal will estimate the original cost by applying reverse inflation indices to the cost of reproduction new. 2. Estimated Original Cost - The estimated original cost of the property in accordance with costs as of the actual or estimated date the property was first constructed, originally installed, or purchased. 3.` Direct Costing - additional research into the historical cost documented as provided by the City in a readily available and useable format, in the City's property records for the original construction, improvements and betterments. 4. Normal Costing - estimated' cost based on the cost of reproduction new indexed by a reciprocal factor of the price increase from the appraisal date to the actual or estimated acquisition date. City of South Miami T-6 September 5, 2003 r?p ?',— j' °°c�- - �.." `R: ?"` ,'Sr:?-. k 5r.w . .id+--'- M.w . a. "., _ s'^r€s , -�:.m American Appraisal Associates 5. ` Acquisition Date - When readily available, we will use the actual acquisition date of the property. in the absence of readily available information, the acquisition date will be estimated based upon our knowledge of the property type and its conditions 6. Estimated Life - An estimate will be made of the useful life of each unit - controlled asset and each group - controlled asset. The matter of historical lifing practice versus estimated actual lives will be discussed during the planning meeting and an acceptable; approach will be developed: 7. Accumulated Depreciation - will be based on the asset's ;cost, acquisition date and the estimated useful life utilizing the straight -line basis of depreciation. Useful lives will be based on information provided by the City or industry standards. REPORTING REQUIREMENTS The City will receive a full complement of reports (in duplicate) reflecting the results of American Appraisal's investigation, to include: 1. A narrative for use by management and outside auditors to assist the City's affnrte in maating (' ACR 3d capital accat repnrtinn regiiirementc 2. Certificate of Values. 3. Glossary of accounts and descriptive abbreviations used. 4. The following standard appraisal reports: Property Accounting Summary Displays description of fields being summarized (general account class and function /program), original cost, accumulated depreciation, net book value, annual depreciation and projected provision, Property Accounting Ledger Report Displays locational and account data, asset tag number, class code, quantity, description, model number,' manufacturer's name, serial number, depreciation begin date, fund code (if available), estimated life, original cost, accumulated depreciation, annual depreciation and net book value. GASB 34 Property Accounting Ledger Report As requested, a special report displaying assets at or above to $5,000level for City of South Miami T -7 September 5, 2003 American Appraisal Associates audit purposes containing the same data outlined above for the standard Property Accounting Ledger Report, will be supplied; 5. Customized appraisal reports (available at a nominal charge, upon request) All reports are laser printed on 8 V by 11" paper for ease of duplication and reinventory use by staff. We will provide a Summary Appraisal Report, intended to comply with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice ( °USPAP ") for a Summary Appraisal Report. As such, the report will present only summary discussions of the data, reasoning, and analyses used in the appraisal process to develop American Appraisal's opinion of value. Supporting documentation concerning the data, reasoning, and analyses will be retained as apart of our work papers. The depth of discussion contained in the report will be specific to your needs as the client and for the intended use stated below. American Appraisal is not responsible' for unauthorized use of its report. You confirm that the purpose, your intended use, of the report will be for capital asset reporting purposes. TIMING AND DELIVERY Assuming prompt authorization, American Appraisal will issue a draft report within forty five (45) days of its completion of fieldwork. This estimate is based upon American Appraisal's assumption that it will. not exnanPnra anv rhannP in crnne to thic anraamant and that the lrity will not caimp Amarirnn Annraical to he r.. _.., - ,._..Y- .., ---r- _ °Y.- -... -- _�- ,., M....rr.�. _.,.- delayed following the completion of fieldwork. A Final report will be delivered following the City's approval of the draft report. City of South Miami T -8 September 5, 2003 American Appraisal Associates FEE TERMS AND CONDITIONS Our fee estimate takes into consideration, the scope of the project, the technical expertise required by our staff and the time required to complete the assignment. Based on our understanding of the project, our estimated fees are as follows including expenses; Primary Service Capital Asset Appraisal of General, Proprietary and Infrastructure Assets at the $500 Capitalization Threshold $12,600 Land Valuation $75 per parcel Cost of Tags $ 880 Electronic Data File $ 600 optional Services Best Software FAS. GOV Package TBD This fee is based upon our estimate of professional services to be furnished according to our understanding of your requirements; should the scope of these requirements change, American Appraisal and the City Or South Miami will mutually revise the fee to reflect those changes in services. Our fee is in no way contingent upon the outcome of our conclusions. Fees include professional time for planning and executing the work through, and including, our final report. Expenses include those costs for such items as office and report processing, travel, living, `computer charges, postage, and copying which are directly incurred by our staff while executing the work. American Appraisal will 'invoice you for professional services rendered including expenses). Invoices are payable by the City upon receipt and will be issued as the engagement progresses as follows: • 30% Upon commencement of fieldwork Progress billings as time is incurred For your convenience, we are providing our remittance address and wire transfer instructions: Remittance Address American Appraisal Associates, Inc. Bin 391 Milwaukee, WI 53288 -0391 City of South Miami T -9 September 5, 2003 ..�. air,.,. # µ..: u.,- .m'°""' i"2:;.. s,;''�' .; ems; ^c^c.s ...-,;�?:°aM, „- �+I•",'...,;aE""K:`, American Appraisal Associates Wire Transfer Instructions Bank Name /Address: M &I Bank 770 North Water Street Milwaukee, WI 53202 Routing Number: 075000051 For the Credit to the Account of: American Appraisal Associates, Inca Account Number - 0024274888 We reserve the right to withhold delivery of our preliminary conclusions or final report(s) if, when either of these are ready for delivery, any previously issued invoice remains unpaid. Further, we reserve the right to issue our final invoice if preliminary conclusions or a draft report have been outstanding for more than 30 days. In the event that you issue a purchase order to us covering this engagement it is agreed that such purchase order is issued for purposes of authorization and your internal use only, and none of its terms and conditions shall modify the terms and conditions of this letter and /or related; documentation, or affect either party's responsibility to the other party as defined in this letter. Should American Appraisal incur additional costs as a result of the City's failure to pay invoices in accordance with the terms stated herein, the City of South Miami will be responsible for all costs (including, but not limited to attorney's and collection agency's fees) associated with the collection of any and all unpaid amounts to which American Appraisal is legally entitled. Further, American _Appraisal reserves the riaht to charae interest for the Citv's failure to pay on a timelv'hasis: City of South Miami T -10 September 5, 2003 American Appraisal Associates Professional Service Agreement This Professional Services Agreement (`Agreement ") is entered into this day of _, 200_, by and between American Appraisal Associates, Inc., a Delaware corporation, headquartered at 411E. Wisconsin Avenue, Milwaukee, WI, 53202 (hereinafter "American Appraisal" or "AAA ", or "we "), and the City of South Miami ( hereinafter "City" or "you" or "your" ) for the Work described herein relative to valuation services. 1. PURPOSE It is American Appraisal's understanding that the Client requires the assistance of a professional valuation consulting firm for the development of detailed property records to support its adoption of the capital asset reporting requirements of Government Accounting Standards Board (GASB) Statement No. 34 (GASB 34). American Appraisal will develop a detailed capital asset record to assist Client's need to: (a) achieve property accountability and stewardship of assets, (b) obtain a valuation of assets in with the requirements of GAAP, GASB 34, and GAAFR, and (c) implement method whereby the Client can monitor assets. 2. TECHNICAL APPROACH The capital assets to be included in this proposed engagement are located in various City - owned facility sites and structures, as reported by the City. The property includes 23 buildings and 7 parks. The facilities include Capital Assets which comprise typical municipal or institutional occupancies (administration, police, fire, maintenance, parks, etc.) Also included, are the City's infrastructure comprised of roads, lighting, signs, sidewalks, bridges, traffic control devices, and the storm water management system. Asset categories included in the development of the comprehensive fixed asset model include; • Land Land Improvements Infrastructure • Buildings Moveable Equipment Vehicles (From State registration lists) Excluded from the services provided by this proposal are; Assets Below the Capitalization Threshold • Leased' Equipment • Expendable Inventories • Assets in or at locations that are considered as not easily accessible • Personal Property of Employees or Others • Supplies /Expendables When equipment is not easily accessible, we will consult with you to gather the information, or the assistance, needed to perform American Appraisal's inventory. If desired, library books, 'radios, weapons, computer software, fine arts and historical treasures, and licensed vehicles ( "Special Assets ") can also be incorporated into the record, based on information supplied by the City. American Appraisal Associates This information must be provided to American Appraisal during the initial field inspection to be included in the reports. We will not inspect, tag or value any of the Special Assets identified by the City.' ENGAGEMENT METHODOLOGY; Land Land will be included based on the data provided to us by the City. As a part of this engagement, we will conduct a cursory review of the data. Should it become evident that the data is not representative of the City's holdings, we will recommend additional options to develop a reasonable methodology for the reporting of land data. If the data is not available, or sufficient, American Appraisal will research City records to identify the City's owned land assets. In gathering this data, we will • Research the County Assessor's databases and files to identify land owned by the City; • Utilize data gathered from the County Assessor's office to research deed information; • Compile a data report, indicating, as available, the following items: o Parcel Number O Parcel Address o Date of Sale o Grantor o Grantee o Parcel Size o Estimated Acquisition Price o Other' pertinent data such as: - Any reference to existing improvements Any reference to other official records referred to in the deed, which may provide additional information Upon completion of the identification process we will meet with you and your external auditors to discuss American Appraisal's findings. At that time, we will be prepared to discuss the materiality of developing the historical costs for parcels for which acquisition costs were unavailable. Infrastructure American Appraisal will require access to certain information currently maintained by the City regarding infrastructure assets to be appraised. This information will include: City of South Miami 2 September 5 2003 American Appraisal Associates • Asset Classes (roads, bridges, lighting, etc.) • Quantitative (lane miles, square feet, etc.)' • Description of the Asset Locational Information • Historical Cost • Date of Acquisition The designated infrastructure assets that will be included are as follows: • Roads, streets,, curbs, gutters Sidewalks • ` Storm Drainage System • Traffic Lights /Controllers Parking Meters Signage Easements /ROW American Appraisal will value the City's infrastructure, as identified above. American Appraisal will require data from the City which may include maps, CADs, and GIS system. American Appraisal will assign dates of construction, depreciable lives and original cost estimates consistent with the methodology promulgated in the Statement. American Appraisal will assign current replacement values and apply reverse inflation indices to these values. The application of "reverse inflation indices" adjusts the current Cost of Replacement estimates to price levels that would have prevailed at the time of original construction or purchase. The sources of the indices to be used will combine published research price trends for the various classes of infrastructure property and data maintained in American Appraisal's files for the same purpose. American Appraisal will exclude interest costs, cost overruns, overhead /profit charged by contractors, and premiums paid for services performed, unless evidence of such historical cost is provided by the City. The specific data elements to be documented for the development of the property record will include the following for each asset, • Quantity Location Number • Historical Cost Asset Description Accumulated Depreciation Classification Code Acquisition Date Etc. • Life Buildings / Land' Improvements City of South Miami 3 September 5, 2003 ..,°,- American Appraisal Associates The appraisal will include an inspection of all City owned buildings that are included on the supplied Schedule of Properties to be Appraised. Site maps will be requested to assist the appraisal team in determining the identification and location of buildings; The specific data elements to be documented for the development of the property record for buildings are summarized as follows: • Site Location Number • Building Number /Building Name • Description • Acquisition Date • Function Code • Historical Cost/Estimated Original Cost • ` Accumulated Depreciation • Life Class Code While inspecting; site structures, we will also conduct an inventory of site I land , improvements and miscellaneous structures. Pertinent data regarding assets in these categories, i.e. paving, lighting, fencing, park improvements, below grade data communication systems, etc, will be recorded to permit assignment of value. Upon the completion of the building inspection, the buildings will be compared to your current property records to assure the consistency in data eiements such as date and cost of originai construction, as Well as any significant renovations and additions or improvements to the designated buildings; Individual buildings where this information is not provided will be estimated utilizing accepted appraisal procedures`. The methodologies to be utilized to assign a cost and depreciation for each building will be Direct and Normal Costing, as discussed within the costing methodology section of this proposal. Moveable Equipment A detailed inventory of moveable equipment will include a physical inspection of all owned equipment with a unit cost in excess of the $500 capitalization policy that are located at the locations included on the Schedule of Properties to be Appraised. Floor plans will be required to assist the inventory team in assuring that no areas are missed. Equipment with a unit cost in excess of the $500 capitalization policy will be tagged with a bar code asset tag in a uniform and consistent manner in order to facilitate scanning in the future. When tagging specific types of assets such as wood furniture, care will be taken to place the tag in location that will not deface the asset. American Appraisal can provide plastic bar coded asset tags or utilize tags that you supply. The tags will be Plastic (Polyester) labels, Code 39, and the approximate size will be 1' %2° x 3/4. We will plan to apply these tags to each controllable unit and record the tag number as part of the asset's data record. Should you decide that American Appraisal will provide the tags, you will be responsible for the extra cost. Upon completion of ther physical inventory, inventoried assets will be compared to historical property records to assure the consistency in data elements. This basic reconciliation will be accomplished by the utilization of City of South Miami 4 September 5,2003 American Appraisal Associates ' the results of the physical inventory, historical property records furnished by the government, and technology- resources; Inventoried assets that are not readily matched in the reconciliation process will be addressed in the cost analysis process. It is important to note that we will not be performing a detailed reconciliation to the City's` existing fixed asset ledger. To the extent that we match an asset tag number, we will maintain the integrity of the historical cost and acquisition date information for those assets. We will provide the City with a listing of assets riot found during the course of American Appraisal's field investigation. The City will have 30 days to review the draft of the inventory and valuation study. After 30 days those assets not found will be considered as unrecorded retirements and final reports will be issued. SPECIFIC DATA ELEMENTS /DEFINITIONS In preparing the comprehensive fixed asset record of the City's assets, we will provide the following items of data on each asset, as appropriate. The specific data elements to be captured are: 1 o Asset Location A system to identify the physical location of the appraised property (site, floor, room, etc.). 2._ Building Identification - Where used, existing numerical identifications will remain; unidentified space will be numbered sequentially following the last assigned number. 3. Department- Existing numbers will be utilized. When not available, American Appraisal will identify those particular areas. Generally, only one unit number will be applied to a particular space. The largest department representation will be utilized. 4. Asset Number - A sequentially assigned asset number placed on controlled property by the Fixed Asset System. This can be a bar coded tag that is affixed toeach controllable asset ora computer- generated numberforgroup- controlled items. 5. Asset Account- A major classification of property to identify major grouping of assets, i.e. buildings, land improvements,' equipment, vehicles, etc. 6: Asset Classification -A subdivision of property to further identify assets, i.e. outdoor equipment, business machines, data processing equipment, furniture, audiovisual equipment, books, food service equipment, etc. This field may be used to include the City's commodity code. 7. Function Code 8. Quantity- Unit - controlled property will be recorded as one. City of South Miami' 5 September 5, 2003 American Appraisal Associates 9, ` Asset Description- Manufacturer's name, model, generic nomenclature, and serial number will be utilized for unit - controlled assets. For buildings, we will describe the type of structure, size, square footage; and building materials used as well as the fire, safety, and security apparatus /systems in place. COSTING METHODOLOGYIDEFINITIONS 1 Historical Cost The actual cost of a property to the present owner - the cost as of the date the property was first constructed or originally installed. When historical cost is provided in a usable format, it will be included. When this information is not readily available, American Appraisal will estimate the original cost by applying reverse inflation indices to the cost of reproduction new. 2.'' Estimated Original Cost - The estimated original cost of the property in accordance with costs as of the actual or estimated date the property was first constructed, originally installed, or purchased. 3. " Direct Costing - additional research into the historical cost documented as provided by the City in a readily available and useable format, in the City's property records for the original construction, improvements and betterments. 4. Normal Costing - estimated cost based on the cost of reproduction new indexed by a reciprocal factor of the price increase from the appraisal date to the actual or estimated acquisition date. 5. Acquisition Date - When readily available, we will use the actual acquisition date of the property. In the absence of readily available` information, the acquisition date will be estimated based upon' American Appraisal's knowledge of the property type and its condition. 6. Estimated Life - An estimate will be made of the useful life of each unit - controlled asset' and each group - controlled asset. The matter of 'historical lifing practice versus estimated actual lives will be discussed during the planning' meeting and an acceptable approach will be developed. 7. Accumulated Depreciation -will be based on the asset's cost, acquisition date and the estimated useful life utilizing the straight -line basis' of depreciation. Useful lives will be based on information provided by the City or industry standards; 3. DELIVERABLES The City will receive a full complement of reports (in duplicate) reflecting the results of American Appraisal's investigation, to include, City of South Miami 6 September 5; 2003 American Appraisal Associates ' 1, A narrative for use by management and outside auditors to assist the City's efforts in meeting GASB 34 capital asset reporting requirements. 2. Certificate of Values. 3. Glossary of accounts and descriptive abbreviations used. 4. Customized appraisal reports (available at a nominal charge, upon request). A. Report American Appraisal will provide the City with a Summary Appraisal Report, in accordance with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice ( "USPAP" ), The report will present only summary discussions of the data, reasoning, and analyses used in the appraisal process to develop American Appraisal's opinion of value. Supporting documentation concerning the data, reasoning, and analyses will be retained as a part of the work papers. American Appraisal is not responsible for unauthorized use of its report. B. Capital'Assets Report - The Capital- .Assets Report will include all capital assets with a unit cost in excess of the City's financial capitalization threshold of $5,000, and the related historical cost/estimated original cost, accumulated depreciation, and current depreciation data forfinancial reporting purposes. This information will be sorted and reported upon by account. C. ;Property Control Report - The Property Control Report will include all capital assets with a unit cost in t il.�nn TI • 11 1__ _ _.1__I _._ _I excess of the City's property management and control threshold or$ouu. i his information will rye 5orrea anu reported upon by location. D. City's Stated Use - City hereby affirms that its stated purpose is to use the report created by American Appraisal for financial reporting and property control purposes only,' 4. TIMING AND DELIVERY Assuming prompt authorization, American Appraisal will issue a draft report within sixty (60) days of its completion of fieldwork. This estimate is based upon American Appraisal's assumption that it will not experience any change in scope to this agreement, and that the City will not cause American Appraisal to be delayed following the completion of fieldwork. A Final report will be delivered following the City's approval of the draft report. 5. FEE TERMS AND CONDITIONS A. Estimated Fee - American Appraisal's fee estimate takes into consideration, the scope of the project, the technical expertise required by American Appraisal's staff and the time required to complete the assignment. Based on American Appraisal's understanding of the project, estimated fees are as follows: (including` expenses); Primary Service Capital Asset Appraisal of General, Proprietary and Infrastructure Assets atthe $500 Capitalization Threshold $12,600 City of South Miami 7 September 5, 2003 — s,, ;"S'=.''; ,,, ,,. a+—,.'rT,,' z.'�', ..ru.. ✓s., „'- °,.- °'r"4," -,.r ns_�3.°- cza=r.e.. s°'4"'%' ,- American Appraisal Associates Land Valuation $75 per parcel Cost of Tags $880 Electronic Data File $600 Fees include professional time for planning and executing the work through, and including, American Appraisal's final report. Expenses include those costs for such items as office and report processing, travel, living, computer charges, postage, and copying which are directly incurred by American Appraisal staff while executing the work. B. Additional Square Footage - American Appraisal's estimated fee is based upon the understanding that the City's assets are located in the buildings set forth in City's Schedule of Properties to be Appraised ( "Attachment' A," incorporated by reference herein)comprising 23 buildings. American Appraisal has been provided with a schedule of the structures from City, which is the primary basis of estimate for project fees. If the actual number of locations varies from the reported number, American Appraisal will notify the City immediately upon discovery. Upon written authorization from the City to continue its appraisal of the additional locations, American Appraisal will continue with its appraisal at a rate agreed to by both parties in writing. C. Statement of Independence American Appraisal's fee is based upon its estimate of professional time to complete the work according to American Appraisal's understanding of City's requirements and in no way is contingeniI.upoo UIC UUL U11IC of ILO UU11U1UJIUIIJ UI VCIIUC. D, Invoicing Schedule - American Appraisal will invoice you for professional services rendered (including expenses). Invoices are payable by the City upon receipt and will be issued as the engagement' progresses as follows: • 30% - Upon commencement of field investigation • Balance Progress billings as time is incurred For your convenience, we are providing our remittance address and wire transfer instructions: Remittance Address American Appraisal Associates, Inc, Bin 391; Milwaukee, WI 53288 -0391 Wire Transfer Instructions - Bank Name /Address: M &I Bank 770 North Water Street" Milwaukee, WI 53202 Routing Number: 075000051 For the Credit to the Account of: American Appraisal Associates, Inc. Account Number - 0024274888 City of South Miami 8 September 5, 2003 i American Appraisal Associates E. Unpaid Invoices - We reserve the right to withhold delivery of preliminary conclusions or final report(s) if, when either of these are ready for delivery, any previously issued invoice remains unpaid. Further, we reserve the right to issue the final invoice if preliminary conclusions or a draft report have been outstanding for more than 30 days. F. Complete Agreement= This Agreement, and any attachments or documents incorporated herein, constitute the complete and total agreement between the two parties, and shall supersede any, preexisting or contemporaneously drafted agreements for services. In the event that you issue a purchase order to us covering this engagement it is agreed that such purchase order is issued for purposes of authorization and your internal use only, and none of its terms and conditions shall modify the terms and conditions of this letter and/or related documentation, or affect either party's responsibility to the other party as defined in this letter. Should American Appraisal incur additional costs as a result of the City's failure to pay invoices in accordance with the terms stated herein, the City will be responsible for all costs (including, but not limited to attorney's and collection agency's fees)' associated with the collection of any and all unpaid amounts to which American Appraisal is legally entitled. Further, American Appraisal reserves the right to charge interest for the City's failure to pay on a timely basis. 6. ENVIRONMENTAL POLICY American Appraisal will make no investigation of, nor assume any responsibility for, the existence or impact of any hazardous substance, which may or may not be present on the property, in the development of American Appraisal's conclusion. If in the course of American Appraisal's investigation, it is informed of or observe _.. I____'- d.....�:_..L_1_._.e_ ___I_1____ WUL 11_._ ._.__.__.1:. n.___._•___..n.. 1 •11 . •. u . observe any hazardousssuostanc e problems wrtn the property, American Appraisal will note it in its report. 7. GENERAL SERVICE CONDITIONS The services) provided by American Appraisal will be performed in accordance with professional appraisal standards. American Appraisal's compensation is not contingent in any way upon its conclusions of value. American Appraisal assumes, without independent verification, the accuracy of all data provided by City, or City's designee. American Appraisal will act as an independent contractor and reserve the right to use subcontractors. All files, work papers or documents developed` by American Appraisal during the course of the Agreement will be American Appraisal's property in satisfaction of its duty to adhere to the Uniform Standards of Professional Appraisal Practice ( "USPAP "). American Appraisal will retain this data, in confidence for a "least five (5) years. At the conclusion of this five (5) year period, American Appraisal will destroy all files at its own expense, upon receipt of the City's written authorization. American Appraisal's report is to be used only for the specific purposes stated herein and any other use is invalid. No reliance may be made by any third party without American Appraisal's prior written consent. City may, however, show American Appraisal's report in its entirety to those third parties who need or are legally entitled to review the information contained therein. No one should rely on American Appraisal's report as a substitute for their own due diligence, No reference to American Appraisal's name or its report, in whole or in part, in any public securities document or Private Placement Memorandum City that prepares and /or distributes, to third parties' may be made without American Appraisal's prior written consent. City agrees to indemnify and hold American Appraisal harmless against and from any and all losses, claims, actions, damages, expenses, or liabilities,, including reasonable attorneys' fees, to which American Appraisal may become subject in connection with this Agreement. City will not be liable for American Appraisal's negligence. City's obligation for City of South °Miami 9 September 5 2003 American Appraisal Associates indemnification and reimbursement shall extend to any controlling person of American Appraisal including any director, officer, employee, subcontractors, subsidiary, affiliate or agent. American Appraisal reserves the right to include City's name in its Client list, but American Appraisal will maintain the confidentiality of all conversations, documents provided by City, and the contents of American Appraisal's '' re _ports, subject to legal or administrative process or proceedings. These conditions can only be modified by written documents executed by both parties. American Appraisal is an equal opportunity ` pp q employer:: I i i I i i I City of South Miami 10 September 5, 2003 American Appraisal Associates 8. AUTHORIZATION OF SERVICES This Agreement is provided in duplicate; if it correctly reflects City's understanding of American Appraisal's agreement, please confirm such by signing and returning one copy. Note, we will be unable to deliver any conclusions, verbal or written, until we are in 'receipt of this acknowledgment. To avoid any delays, please fax the signed Agreement in it's entirety, to Thomas C. Moore at 704 - 543 - 0554. Thereafter, please forward the original to him at: American Appraisal, Inc., 11234 Willa Trace Place, Charlotte, NC 28277, AMERICAN APPRAISAL ASSOCIATES, INC. Signature: Name: Thomas C. Moore Title: Assistant Vice President Date: September 5, 2003 E -Mail: tmoore american-appraisal.com Client of Record: City of South Miami Signature: Name (typed /printed): Title: Date: E -Mail: j For bar code tagging services, please complete the following; Exact Name to Appear on Bar Code Tag: (2 Lines @'25 characters per line, maximum) Special Number Sequence (if required): i i i City of South Miami September 5, 2003 American Appraisai Associates TM P%Su FAS Gov Fixed Asset Management Solutions Price List Effective 08101102 Product Support FAS Gov Asset Accounting'"` Single -User ........... ........................ ........................................................ $2,295.00 $625.00, 3-Seat ........... ............................................................. ............................ $4,035.00: $1,045.00. 5-Seat ........ .......... * ... ' ....... * ...... **"* ..... *_ ............. ; ................................. $6;345.00', � $1,570.00 Additional seats sold in 5-seatpackages ................................................. Call for Details FAS Gov Asset Accounting with FAS Report Writer Single-User ............................................. ........................ ................... $2;935.00 $770.00 3-Seat .................. ................................................................. ................. $4,670.00 $1,190.00 5-Seat ................................................................................. ................. _ $7,670.00 $1,830.00 Additional seats sold in 5 -seat packages ...... ............................. ............ Call for Details FAS Gov Asset Inventory TM Single-User , ... 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Call for Details FAS Gov Asset Accounting for SQL Server i 3-Seat ..... ; .... ............................. ........................................ I ...... I ... $8,080.00 $1,800.00 5-Seat .. .................................................................................................... $12,120.00 $2,700.00 ,10-Scat ._' ...................... .............................. ..................... I .................... $23,095.00 $4,750.00 Additional, seats sold in 5-seat packages ................................................. Callfor Details FAS Gov! Asset et Inventory for SQL Server ,� s 3-Seat . ... ..... ... ........................................... .......................................... $8,080.00 $1,800.00 5-Seat .. ...... I.: .................. .................................................. i ...................... $12,120.00 $2,700.00 .10-Seat". ............................................ ............................................. ........ $23,095.00 $4,750.00 Additional seats sold in 5 -seat packages ................................................. Call for Details PAS Gov Suite for SQL Server 3 -Seat ....... I .................. ................................ ....................................... $11,195.00 $2,750.00 5-Se:at ......... .......... i ............. .......... ........................... ; ............ I ......... $16,625.00 $3,950.00 10 Seat ...... ............................................................... I ............................. $31,410.00 $6,700.00 Additional seats sold in 5-seal packages.. ................................................. Call for Details For More Information, Please Contact your FAS Gov Representative at 800-368-2405 FAS Gov, FAS Gov Asset Accounting, FAS Gov Asset Inventory and FAS Gov Suite are trademarks, and Best Software and the Best logo are registered trademarks of Best Software, Inc. All other trademarks are the property of their respective holders. All information subject to change. All rights reserved. 06/02 bE!t About FAS Gov" For almost 20 years FAS'" has been the market leader in p : fixed asset management software. With over 100,000 users nationwide, FAS is chosen 3 -to -1 over all other i fixed asset solutions combined, and is the perfect choice for meeting your GASB 34/35 requirements. Designed specifically for government, non - profit, and school entities, FAS Gov Suite- integrates three applications into one affordable package: Gain real -time command over your entire inventory FAS and American with FAS Gov Asset Inventory* ". Perform inventories Appraisal Associates ": quickly, maintain control over your fixed assets, and A Strategic Partnership benefit from tighter control with state -of -the -art bar' The strategic partnership code technology. between FAS and American (ref nnmr�Iete `control n fixed ets. for .r "`� � y yv�"` accounting and reporting with FAS Gov Asset Appraisal Associates (AAA) Accounting' ". 'Get the most comprehensive otters companies, government. depreciation calculation engine in the industry, education, and non - profit effective decision - making tools for integrated accounting environments, and a complete overview of organizations alike the most your fixed assets at every stage. robust solution available for Produce unlimited, customizable reports with FAS their asset inventory. Report Writer, "'. Quickly reveal insights into your organization's fixed assets, with comprehensive reporting that everyone in your organization can For more information about how understand and use. FAS and AAA can work together to help your organization, call About American Appraisal Associates 1- 800 -368 -2405. American Appraisal Associates helps organizations implement accurate property records systems for meeting compliance standards, making the best use of public assets and promoting good stewardship of public property. (over, please...,_ 1- 800 -368 -2405 www.bestsoftware.com r Meeting Your GASS 34/35 'bleeds Once American Appraisal Associates helps you perform an initial inventory, FAS Gov can help FAS Facts: you maintain your property records system by • FAS is used by the "Big providing decision - making tools perfect for Five" accounting firms managing and depreciation diverse capital and infrastructure assets. 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All rights reservetl. 09i 11!03 1HU 13:59 FAX 17045526201 AMER, APPRAISAL �1UO2 Arr'rerican Appraisal Assxiates PARTIAL, LIST OF CLIE.N' TS SERVjF.D FLORIDA MUNICIPALITIES City of Lauderdale lakes Martin Sherwood, Finance Director City of North Lauderdale Brian Raducci, Finance Director Clty of Cooper City H ®ratio- lillontes de C?ca, Finance Director Ctty of Hallandale Beach Mr, Richard Raby, Accountant ill City of Sunrise Ruth Castellon, Controller 0t), of Boca Raton Mervyn Timberlake, Finance Director Browardi County Bob Christian, Assistant F nAnrm ninn^f ,r City of Boynton Beach Charles Maga4 tie, Risk Manager 3 City of Miramar Robert C bell, Assistant City Manager (Under Contract) City of Miami Springs ' Charles Marshall, Finance Director (under Contract) City of Dania Beach Ms..; Patricia Varney, Finance [director (Under Contract) OTHER CLIENTS SERVED University of Miami Hillsborough County Public Schools Sarasota County City Of Miami ti so u r CITY OF SOUTH MIAMI South Miami hAud NI- MftaCly Inter - office Memorandum , I I.F INCORPORATED 1927 •n� O R S O p 2001 TO: Honorable Mayor, Vice Mayor DATE: September 8, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. 3 City Manager RE: Authorizing the City Manager to execute agreement for Routine Canal Maintenance with Miami- Dade County RESOLUTION: A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER " INTO AN AGREEMENT ` WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED $37,506; PROVIDING FOR AN EFFECTIVE DATE.' BACKGROUND & ANALYSIS: In an effort to continue our routine canal maintenance partnership, Miami -Dade has submitted the attached agreement' for maintaining our Ludlam Glades and Broad Canal systems. With this agreement, Miami -Dade County will provide Culverts (above & below) maintenance, Chemical Treatment and Obstruction Removal services' during FY 2003/04 budget year. In addition to the services to be provided by Miami -Dade County, we are currently working on request for proposals from private contractors for Trash/Debris removal, Biological Control, Bacteria Monitoring, Water Testing and Border Grass & Brush Control to water's edge. For your information, we have confirmed that the canal system's dredging, for Ludlum Glades canal system, activities are scheduled to commence = within the fiscal year. Although plans are in progress for the canal system' dredging, it is not likely that actual construction activities will commence until 2004, at the earliest. If in fact the construction commences as scheduled, the activities within the attached agreement will be stopped and the City will only pay for work completed to date of dredge construction commencement. •- _9.;.I;fi*,'TM�,,� w;::p.ii_-±re. , Page 2 of 2 Comm. Meeting Agenda September 8, 2002 RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS; ❑ Proposed Resolution ❑ Copy of Agreement with Miami -Dade County i RESOLUTION No.: 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN 5 AGREEMENT WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE 6 MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT 7 NOT TO EXCEED $37,506; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wishes to 10 provide routine canal maintenance along the Miami -Dade County; canal (Ludlam Glades and 11 Broad canal) systems within the City; and 12 13 WHEREAS, a Memorandum of Agreement has been created between Miami -Dade County and 14 the City of South Miami for the purpose of sharing the cost of the routine maintenance; and 15 16 WHEREAS, Miami -Dade County shall provide canal maintenance services as set forth in the 17 Memorandum of Agreement for the Ludlam Glades Canal, from SW 52nd Street to SW 80"' Street 18 and for the Broad Canal from South -side of SW 58d' Street culvert to SW 64th Street; and 19 20 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA, that: 22 23 Section 1: The City Manager is authorized to enter into an agreement with Miami -Dade County 24 for the routine canal maintenance. 25 26 Section 2: That the City Manager is authorized to expend the amount not to exceed $37,506 from 27 FY 2003 -04 Stormwater Budget account number 111- 1730 -541 -3450 for the two maintenance' 28 cycle of Culverts- above, one maintenance cycle of Culverts- below, four cycles of Chemical 29 Treatment and obstruction removal. 30 31 Section 3: That the attached Memorandum of Agreement for the Canal Maintenance between 32 Miami -Dade County and City, be made a part of the resolution. 33 34 PASSED AND ADOPTED this day of 2003. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 READ AND APPROVED AS TO FORM: 42 43 44 CITY ATTORNEY Commission Vote: 45 46 Mayor Feliu: 47 Vice Mayor Russell: 48 Commissioner Bethel: 49 Commissioner Wiscombe: 50 Commissioner McCrea: ATTACHMENT «B» MIAMI -DADS COUINTY <NTOKMWAI'EK U 1'1L11 Y ,(U 11LII Y,l SHARED COSTS ON SHARED DRAINAGE SYSTEMS Fiscal Year Projected Costs October 01, 2003 - September 30, 2004 A. CANAL MAINTENANCE *Ludlam Glades Canal' Maintenance Estimated Cost At stated Level of Service (LOS) Level of Service (LOS) Task Cycles/Year Cost/Year Totals Culverts above 2 $ 3,2001 Culverts below 1 $ 7,000 Chemical 4 $ 52,600 (Additional Chemical Treatment on call by the City on call at the same unit price) Obstruction Removal Contingency $ 3,0002 Slope Mowing 0 $` 0 SUB-TOTAL (at recommended level of service) $ 65,800 SHARING OF COSTS (Canal Maintenance) City's Share 57% of $68,500 $37,506 Utility's Share 43% of $68,500 $28,294 *Estimate includes maintenance of Broad Canal South of SW 58th Street. 1 The City will provide these services and not incur this cost through the County. 2 The City may elect to remove obstructions with City resources, and not incur this cost through the County, or County resources will provide this service at the stated cost basis. Either the City or the County may call for obstruction removal. NOTE: The CITY and the UTILITY will each pay their share of the actual expenses incurred, not exceeding the above amount. The UTILITY shall have maintenance /field work notes for all services provided and the notes shall be attached to all invoices submitted against this agreement. This Attachment "B" is agreed upon and accepted by the parties signed below: City of South Miami, Florida Maria Davis, City Manager Date George M. Burgess, Miami -Dade County Manager Date l RESOLUTION NO: 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, MODIFYING 6 RESOLUTION NO. 27 -03- 11576 RELATED TO SPECIAL 7 EVENTS, IN ORDER TO REVISE A POLICY RELATED TO 8 REQUIRING A SIGNATURE PETITION FROM BUSINESSES 9 IMPACTED BY A SPECIAL EVENT; PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, public property and public street locations within the City of South Miami are used 13 by organizations for special events which are beneficial to the City and its residents; and 14 15 WHEREAS, the City Commission at its February 18, 2003 adopted Resolution No. 27-03 -11576 16 which set forth policies on funding special events, costs for special events, and policies to be followed by 17 organizations sponsoring special events within the City; and 18 19 WHEREAS, Section 4 of Resolution No. 27 -03 -11576 sets forth a policy requiring a signature 20 petition of businesses impacted by a street special event ;and 21 22 WHEREAS, the City Commission desires` to clarify the above policy by specifying that certain 23 long standing special events are exempt from the policy pertaining to a signature "petition of businesses 24 impacted as set forth in Section 4 of Resolution No. 27- 03- 11576. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMPvIISSION 27 OF THE CITY OF SOUTH MIAMI, FLORRDA, AS FOLLOWS: 28 29 Section 1. That Section 4 of Resolution No. 27 -03 -11576 which sets forth a policy requiring a 30 signature petition of businesses impacted by a street special event, is hereby amended to read: 31 32 "Section 4. A11 organizations sponsoring an approved special event which closes a public street 33 within the City of South Miami,; must provide in advance, a petition signed by a majority of 34 businesses facin the street affected b the a roved s ecial event This re uirement will not be 35 g y pP P required by the following_ special events: q 36 37 Red Sunset Merchants Assoc. Safe Street Halloween (Oct. 31, 2003 38 39 Chamber South Arts Festival (Nov 1 & 2, 2003) 40 41 Santa's Parade of the Elves Parade (Dec. 7, 2003) 42 43' Cultural Affairs Council Art Expo (Jan. 3 & 4; 2004) 44 45 Martin Luther King MLK Parade /Event (Jan. 10, 2004) 46 47 Miami 'Herald Total Health Jan. 18, 2004 48 49 Red Sunset Merchants Assoc. Arts & Crafts Show ' (Feb. 21 & 22, 2004 50 51 3 Section 2. This resolution shall be effective immediately after the adoption hereof. 4 5 6 7 PASSED AND ADOPTED this , day of 12003. 8 9 ATTEST: APPROVED: 10 11 . 12 CITY CLERK MAYOR 13 14 READ AND APPROVED AS TO FORM: "Commission Vote: 15 Mayor Feliu 16 Vice Mayor Russell 17 Commission Bethel 18 CITY ATTORNEY Commission McCrea 19 ' Commissioner Wiscombe 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 "SAY /E; \Comm Items \2003 \9 -16 -03 \Resolution Spec Events Revision;9- 16- 03.doc a t RESOLUTION NO. 27-03-11576 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO SPECIAL EVENTS, SETTING FORTH A POLICY ON FUNDING SPECIAL EVENTS AND COSTS ASSOCIATED WITH SPECIAL EVENTS AND; PROVIDING AN EFFECTIVE DATE. WHEREAS, public property and public street locations within the City of South Miami are used by organizations for special ,events "which are beneficial to the City and its residents; and WBEREAS such special events may require City services and resources to be expended in order to provide security, clean up, banner hanging, street blocking, covering of parking meters; and WHEREAS, the Mayor and City Commission desire set forth a policy requiring reimbursement to the City for all revenues lost or expenditures made for special events. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COM]NIISSION OF THE CITY OF SOUTH MIAMI, FLOIRDA, AS FOLLOWS: Section 1. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must reimburse the City for all City revenue loses, and City expenditures associated with the approved special event: Section 2. All organizations sponsoring special events using public property or public streets within the City of South Miami must receive approval by resolution from the South ]Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event. Section 3. The resolution described in Section 2 above may also specify an additional monetary contribution to be made by the organization to the City; the resolution shall specify' as how the additional monetary contribution is to be used by the City. Section 4. All organizations sponsoring an approved special event which closes a public street within the City of South` Miami, must provide in advance, a petition signed by a majority of businesses facing the street affected by the approved special event. Section S. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must agree in writing as to pay the actual the amount of City revenue loses and final City' expenditures associated with the approved special event. o 27-03-11576 (2) Section 6. All organizations sponsoring approved special events using public property or public streets within the City of South Miami which have been allocated monetary grants in the adopted City Budget, should pay for the required reimbursement from the designated monetary ,grant. Section 7. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 18th , day of ' February , 2003. ATTEST: APPROVED: eA f CI CLERK MAYOR READ AS TO FORM: Commission Voter 5-0 Mayor Feiu Yea Vice Mayor Russell Yea Commission Bethel Yea ATTORNEY Commission McCrea Yea Commissioner Wiscombe Yea Aim 4 soul, South Miami ti AN- Ameaca City INCORPORATES 1927 RIa 2001 CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: September 16, 2003 City Commission r ITEM NO. From: Maria Davis Re: Variance Request City Manager 5864 SW 74 Terrace RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 'A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(F) OF THE LAND DEVELOPMENT CODE TO ALLOW THE MIMIMUM SIZE OF A BUILDING SITE TO BE 13,400 SQUARE FEET, WHERE A MINIMUM OF 15,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RM -24" MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL USE DISTRICT, MORE SPECIFICALLY LOCATED AT 5864 SW 74 TERRACE, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT 3 BLOCK 2, "FAIRGLADE MANOR" PLAT BOOK 45 PAGE 79; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF SEVEN UNIT MULTI - FAMILY RESIDENTIAL BUILDING); AND PROVIDING FOR AN EFFECTIVE DATE. SUMMAkY OF REQUEST The applicants are requesting approval of a variance from section 20 -3.5F of the Land Development Code to allow the net area of a building site to be 13,400 feet, where a minimum of 15,000 feet is required. The subject property is within the RM 724 Medium Density Multi - Family zoning district, which permits apartment buildings up to 24 units /acre. The applicant seeks the variance in order to develop the property, currently occupied by a one story building, with a seven (7) unit apartment building. BACKGROUND & ANALYSIS The subject parcel, 5864 SW 74 Terrace is located just south of SW 74th Street. The area is zoned RM -24, permitting multi - family apartment buildings up to four stories. The applicants have recently` bought the property. Development of the property is prohibited because the'' size of the parcel is just under the zoning' required minimums. for lot size.' The lot measures 100' x 134', or 13, 400 square feet. There is 100 feet of frontage along SW 74 Terrace, which meets the minimum required frontage for the zoning district. The RM -24 zoning district has a minimum of ;15,000 square feet for lot size. The parcel is 10% smaller than the required lot size. Variance Approval — 5864 SW 74 Tear September 16, 2003 Page 2 of 3 The property has been in this configuration for many years; no recent subdivision or lot splitting has occurred. In certain cases, a'property which has existed for several years in its existing configuration can be zoned into a nonconforming status. Regarding this parcel, any development on the site would either require a re- zoning and comprehensive plan change to a lesser zoning category, or a variance from the minimum lot size requirement. The area surrounding the property is consists of made up of multi - family apartments. Immediately to the west is an eight story residential building; abutting the property to the east is a four story residential °building. A proposal by the applicant to construct a seven unit two story apartment building would be compatible with the character of this area, which abuts the downtown Hometown district. As the percentage of nonconformity for the proposal is small, the approval of the requested variance would not result in a negative or negative impact of the development on surrounding area. It should also be noted that no variance is being granted for density; the allowable number of units (7) is calculated using the 13,400 square feet figure. It is important to note that very similar variance request was 'approved by the Planning Board and City Commission in February of 2003. That project, located two blocks west on SW 59th;Pl., also required 'a building site reduction (to 13,824 feet) in order- to permit the construction allow a seven unit apartment building. APPLICABLE REGULATIONS (See ATTACHNMENT) • Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables • Land Development Code Section 20 -3 .5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals STAFF OBSERVATIONS 1) The existing property is smaller than the minimum site size required by the Land Development Code and cannot be developed without a variance; this constitutes a hardship. 2) The variance requested would have minimal impact on surrounding properties. 3) The variance request is a unique situation that would not be applicable to any other properties in the immediate vicinity. , , n..�. -,-„ ,:--.; , -- r , .... ��.. i�" °;?r.F.,�,. ,i M�`- r,�„ �'--� '�T-�a.?�"' ;mac ;�•-a Variance Approval — 5864 SW 74 Terr September 16, 2003 Page 3 of 3 PLANNING BOARD RECOMMENDATION The Planning Board at its August 26, 2003 meeting adopted a motion by a vote of 6 ayes, 0 nays, recommending that the variance request be approved, with the following condition: that the owner cleans up the property within 10 working days. RECOMMENDATION It is recommended that the variance request be approved. Attachments: Draft Resolution LDC Applicable Regulations Location Map Application Letter of Intent I Justification Planning Board Minutes 8 -26 -03 Copy of Public Notices Survey, Proposed Site Plan and Site Data WD /SAYE: \Comm Items\2003 \9 -16 -03 \5874 SW 74 Terr Variance Request:doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM 6 SECTION 20- 3.5(F) OF THE LAND DEVELOPMENT CODE TO ALLOW THE 7 MIMIMUM SIZE OF A BUILDING SITE TO BE 13,400 SQUARE FEET, WHERE A 8 MINIMUM OF 15,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN 9 "RM -24" MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL USE DISTRICT, 10 MORE SPECIFICALLY LOCATED AT 5864 SW 74 TERRACE, SOUTH MIAMI, 11 FLORIDA, AND LEGALLY DESCRIBED AS LOT 3, BLOCK; 2, "FAIRGLADE 12 MANOR" PLAT BOOK 45 PAGE 79; (THE GRANTING OF THE VARIANCE 13 WOULD ALLOW FOR THE CONSTRUCTION OF 'SEVEN UNIT MULTI- FAMILY 14 RESIDENTIAL BUILDING); AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, application no. PB -03 -013 was submitted to the Planning Board by the 18 applicants Alfonso and Charlotte Perez said application requesting approval of a variance from 19 section 20 -3.517 of the Land Development Code to allow- the net area of a building site to be 20 13,400 feet, where a minimum of 15,000 feet is required, on property within an "RM -24" medium 21 density multi - family residential use district, specifically located at 5864 SW `74 Terrace , South 22 Miami, Florida; and 23 24 WHEREAS, the subject parcel is within the RM -24 zoning district, which permits multi- 25 family apartment buildings, 26 27 WHEREAS, the applicant wishes to develop the property with seven (7) multi- family 28 apartment dwellings, and; 29 30 WHEREAS, the zoning requirements for this zoning district require -a minimum parcel 31 size of 15,000 square feet; and, 32 33 WHEREAS, in order to develop the property, a variance is required, 34 35 WHEREAS, the approval of a variance requires a recommendation from the Planning 36 Board and the approval of the City Commission after a public hearing; and 37 38 WHEREAS, on August 26, 2003 the Planning Board, after public hearing, voted 6 -0 to 39 recommend approval of the variance request; and 40 41 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept 42 the recommendation of the Planning Board. 43 44 45' 46 47 48 1 (2) 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 5 6 Section 1: That the subject application submitted by Alfonso and Charlotte Perez requesting #proval of a variance from Section 20 -3.5F of the Land Development Code to allow the net Rea of a building site to be 13,400 feet, where a minimum of 15,000 feet is required on *operty specifically located at 5864 SW 74 Terrace and legally described as Lot 3, Block 2, ffairglade Manor" plat book 45 page 79, South Miami, Florida, is hereby approved. 12 14ection 2.That the approval of the subject variance is based upon the following findings: 14 15 a) The existing property is smaller than the minimum site size required by the Land Development 16 Code and cannot be developed without a variance which constitutes a hardship. 17 18 b) The variance requested is of a small, incremental nature and would have minimal impact on 19 surrounding properties. 20 21 c) The variance request is a unique situation that would not be applicable to any. other 22 properties in the immediate; vicinity. 23 24 2Section 3. This resolution shall be effective immediately after the adoption hereof. 26 27' 28 PASSED AND ADOPTED this ,'day of ,_2003 29 30 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 Commission Vote: 38 READ AND APPROVED AS TO FORM: Mayor Feliu 39 Vice Mayor Russell 40 Commissioner Bethel: 41 Commissioner Wiscombe 42 Commissioner McCrea: 43 CITY ATTORNEY 44 45 46 sAyx Comm Items \2003\9- 16- 03\PB -03 -013 Resolution.doc 47 48 49 ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single- Family Districts" (Section 20-3.5E), "Dimensional Requirements, Multi family Districts" (Section 20 -3.5F) and 'Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5G). • Land Development Code Section 20-3.5(E) DIMENSIONAL REQUIREMENTS REQUIREMENT RM -24 Net Area (sq. ft.) 15,000 Frontage (ft.) _ 100 0 Land Development Code Section 20 -5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the -city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. j (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the a a, Variance Approval -5864 SW 74 Terr September 16, 2003 Page 6 of 3 names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of and concurrence with the proposed variance request: (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the 'variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off- street parking (8) Open space (9) Signs , (10) Landscaping City of South Miami PB -03 -001 - George Andrews, Applicant XT- - -' -- -n -.. 7n All ONIT CtIll- TYl_ -- a SW 72TIl ST ao Ln ■ IN Ln vD4KI5 ®AR SW 80TH ST DAVIS RD DAVIS DR DAVI DAVI a ■ ■ _ 0 300 600 900 1,200 9,500 Feet P City of South Miami Planning `& Zoning Department O City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property err. L tO Block S • o s oc ubdivision airg a e S. Miami, FL 33143 PB 45 `- 79 Manor Meets & Bounds XXOwner . Owner's Representative Contract to purchase Applicant: Phone: Alfonso and Charlotte Perez 786 -275 -8480 Representative: W. Tucker Gibbs, 'Esq. Organization: 215 Grand Ave. SUBMITTED MATERIALS Address :, Coconut Grove, FL 33133 Phone: 305 - 448 -8486 Property Owner: Alfonso and Charlotte Perez Signature: c/o Bivium Text Amendment to LDC XXVariance Mailing Address: 5835 `Blue Lagoon Drive Phone: 786- 275 -8480 Miami, FL 33126 — Zoning Map Amendment _Special Use Architect/Engineer: JCHAS & Associates Phone: — PUD Approval Special Exception - 305 - 989 -3149 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: XXOwner . Owner's Representative Contract to purchase _Option to purchase _,Tenant/Lessee' APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC XXVariance XX Letter of Intent — Zoning Map Amendment _Special Use Justifications for change — PUD Approval Special Exception - XXStatement of hardship ® PUD Major Change —Other XXProof of ownership or letter from owner -Power of attorney Briefly explain application and cite specific Code sections: _Contract to purchase XXCurrent survey (1 original sealed and ✓ Lo - size variance o permit development o a 1 3, 400 square -foot lot in a RM -2'4 zoning " signed /1 reduced copy @ 11" x 17 ") XX15 copies of Site Plan and Floor Plans , square feet. 1 reduced copy @ 11" x 17" L X{20% Property owner signatures* Section: Subsection: Page #: Amended Date: XXMailing labels (3 sets) and map X.XRequired Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and c 't �Si'o'fitr�°a licant's Knowledge and belief. Applicant's'Signa and title` Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations: Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2/00 GIBBS & WISS A'PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 215 GRAND AVENUE P.O. Box 1050 COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 448 -8486 - FACSRAILE (305) 448 -0773 W. TUCKER GIBBS 1LONA -ANNE WISS July 23, 2003 Subrata Basu Director Community Development City of South Miami 6130 Sunset Drive South 'Miami, Florida 33143 Re: Application' for Zoning Variance, 5864 S.W. 74 Terrace, South Miami, Florida 33143 Dear Mr. Basu: I represent Alfonso and Charlotte Perez, the owners of the referenced property. The property is currently zoned RM -24 and my clients are seeking a variance from the minimum lot size requirements for that district as set forth in the South Miami Land Development Code. According to the Land Development Code,.the minimum lot size in the RM -24 zoning district is 15,000 square feet. The referenced platted lot is 13,400 square feet. This property is legally nonconforming and therefore cannot be developed without the variance. This is the minimum variance that would permit development of this parcel pursuant to Section 20 -3F of the Land Development Code. The grant of this variance will allow development of the property consistent with the surrounding uses in this Zoning district. I am available to provide you and your staff any additional information you.may require in your review of this application. Thank you for your assistance. Sincerely,. 4 v' W. Tucker ibbs enclosures cc: Alfonso J. Perez Antonio P. Pardo Mft IWO a 1; 6141 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 26, 2003 City Commission Chambers 7:30 P.M. 1. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7 :30 P.M. Action: The Pledge of Allegiance was recited in unison. H. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Comendeiro, Ms. Yates, Mr. Mann and Mr. Illas. Board members absent: Ms. Gibson. City staff present: Sanford A. Youkilis (Acting Planning Director), Brian Edney (Video Support), and Maria M. Menendez (Board Secretary). III. Public Hearin g � Mr. Morton swore in speakers) . PB -03 -013 Applicant: licant: Alfonso and Charlotte Perez Location: 5864 SW 74 Terrace Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(F) OF THE LAND DEVELOPMENT CODE TO ALLOW THE MIMIMUM SIZE OF A BUILDING SITE TO BE 13,400 SQUARE FEET, WHERE A MINIMUM OF 15,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RM -24" MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL USE DISTRICT, MORE SPECIFICALLY LOCATED AT 5864 SW 74 TERRACE, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT 3, BLOCK 2, "FAIRGLADE MANOR" PLAT BOOK 45` PAGE 79; '(THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF 'SEVEN UNIT MULTI- FAMILY RESIDENTIAL BUILDING); AND PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting August 26, 2003 Page 2 of 4 Applicants present: Tucker Gibbs and Alfonso Perez Action: Mr. Morton read the item into record and Mr. Youkilis presented the request consisting of approval to allow the net area of a 'building site, at the above- referenced location, to be 13,400 feet, where a minimum of 15,000 feet is required. The subject property is within the RM -24 Medium Density Multi- Family zoning district, which permits apartment buildings up to 24 units /acre. The applicant seeks the variance in order to develop the property, currently occupied by a one story building, and replacing it with a seven (7) unit apartment building. Mr. Gibbs noted on his presentation that his clients' request for variance is simply based on hardship, which means that the owner of the subject property would not be able to use i the property without the variance. At this point Mr. Morton opened the public hearing. Speakers: Sharon McCain 7502 SW 58th Ave David Tucker Sr. 6556 SW 78th Terr Janet Wiczkowski 5838 SW,74th Terr Jay Beckman 6520 SW 65th St Peggy Brodeur 5685 SW 85th St Kel Merker - 7505 SW 58th Ave The speakers were not against the approval for the requested variance, however, they were generally concerned about several issues regarding the subject property as follows: the state of abandonment of the property the chain link fence which the property owner had installed without applying for permit with the City; that one visitor space does not appear to be realistic for a seven -unit apartment complex, which will most probably result in additional visitors having to p ark on the street adding a burden to the already scarce parking spaces in South Miami; against any ficus hedge, alleging' that this particular species could be invasive and destructive to the environment; that the RM 24 (allowing seven units) would make more sense than the option of rezoning for RM 18 (allowing five units). Mr. Perez addressed the Board by apologizing to the neighbors regarding their concerns. Mr. Perez explained that the reason for his determination to install the fence in a hurry was prompted by a possible liability issue due to an existing pool within the property ` which is empty and anyone could fall into it and get hurt. Motion: Mr. Mann moved to approve the proposed request for variance, strongly adding the following condition: that the owner cleans the property within ten working days. Ms. Yates seconded the motion. Vote: Ayes 6 Nays 0 Planning Board Meeting August 26, 2003 Page 3 of 4 PB -03 -014: Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -23 ENTITLED; "DEFINITIONS IN ORDER TO PROVIDE DEFINITIONS PERTAINING TO ADULT 'ENTERTAINMENT; AMENDING SECTION 2073.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW ADULT ENTERTAINMENT ESTABLISHMENTS TO BE LOCATED IN THE TODD (LI -4)` ZONING USE DISTRICT; AND CREATING NEW SECTION 20 -3.9 TO BE ENTITLED "REGULATIONS APPICABLE TO ADULT ENTERTAINMENT ESTABLISHMENTS" ;PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Youkilis explained to the Board that this item was being deferred at the request of the City Attorney. V. Remarks The Board and staff remarks included but were not limited to: 1) Mr. Comendeiro reported that construction debris was left scattered on the street, after demolition on the property located at 5900 SW 84 Street. 2) ` Staff noted that the application for waiver of plat on the above-mentioned property (5900 SW 84 St), might' be coming back before the Board. This application was deferred at the Planning Board meeting of May 13, 2003 due to posting and mailing done, in an untimely manner. Subsequently, the application was placed on hold at the advise of the City Attorney based on the argument that the lots are already platted. However, Mr. Youkilis noted that staff is recommending that the application for waiver of plat should come back before the Board. 3) Mr. Youkilis advised the Board that `Booby Trap" had withdrawn its application for injunction against the City, which had been previously set for hearing on Wednesday, August 27, 2003. V. Approval of Minutes Action: The Board duly voted on and approved the minutes of August` 12, 2003. Vote: Ayes 6 Nays 0 Planning Board Meeting August 26, 2003 Page 4 of 4 VI. Next Meeting Action: Mr. Youkilis advised that the Board meeting set for September 9, 2003 would be cancelled and that the next meeting of the Board would be September 30, 2003. VIL Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 8:25 PM. SY /MMM K:\PB\PB Minutes\2003 Minutes\AGNS 8- 26- 03.doc i i j i i J L °J aq, o cn r T' V U- a"rni� M �z w = xa 3• " g Z ' Q a w� Z M M cn = sj `4 U) Cl) '05 a a W W ¢ FW a D z ° tl " 0 < W W Z Z0 W tltlgg °oz - �9 ® E o cr z z¢aaF >O o r M'a Qo Q Z J a ° <°Ow Nz�LL W F ` ¢ p. tl tl U • � .+ C °z tl 0 a �v'� —� X W g FUo=�j mm�m'mmm a IT% LLI � £ ? 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RE UEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTING A CONTRACT WITH STROYNE BROS. SOUTH, INC. FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The attached resolution seeks Commission authorization to enter into agreement for parking management services between the City of South Miami and Stroyne Brothers South Inc. The contract is for a two -year period and gives the city the option to renegotiate and renew the agreement for three (3) additional one -year terms to be effective on October 1, 2003. The annual fee for the first two years will be $209,540. The contract calls for a minimal enforcement' coverage of 121..5 hours of single weekly coverage and 30.5 hours of double coverage. The contract also requires administrative' and field responsibilities including, valet compliance patrol, detailed reporting requirements and performance expectations and maintenance. The cost of the contract is offset against the parking revenues and enforcement revenues received by the City. RECOMMENDATION Approval is recommended. Attachments IM N71, RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTING A CONTRACT WITH STROYNE BROS. SOUTH, INC. FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami's current parking management contract will expire on the 30th of September 2003; and WHEREAS, on May 30, 2003, the city issued a request for proposal in order to competitively solicit service providers to obtain parking management services and enter into a new municipal parking management contract; and WHEREAS, on July 22, 2003, the mayor and the city commission selected Stroyne Bros. South, Inc., to promote, operate, and maintain the city's comprehensive parking system and instructed the city's staff to negotiate a parking services management agreement; and WHEREAS, attached as exhibit 1 to this resolution is the .proposed parking services management agreement. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The city commission approves and authorizes the city, manager to execute a contract with Stroyne Bros. South, ' Inc. for parking management services. Section 2. This resolution shall be effective October 1, 2003. PASSED AND ADOPTED this 16 day of September 2003. ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Russell: Commissioner Wiscombe: CITY ATTORNEY Commissioner Bethel: Commissioner McCrea: Page 1 of l 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 EXECUTING A CONTRACT WITH STROYNE BROS. SOUTH, 6 INC. FOR THE PROVISION OF ` MUNICIPAL ,PARKING 7 MANAGEMENT SERVICES, PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, the City of South Miami's current parking management contract will 11 expire on the 30t` of September 2003; and 12 13 WHEREAS, on May 30, 2003, the city issued a request for proposal in order to 14 competitively solicit service providers to obtain parking management services and enter 15 into anew municipal parking management contract; and 16 17 WHEREAS, on July 22, 2003, the mayor and the city commission selected 18 Stroyne Bros. South, Inc., to promote, operate, and maintain the city's comprehensive 19 parking system and instructed the city's staff to negotiate a parking services management 20 agreement; and 21 22 WHEREAS, attached as exhibit 1 to this resolution is the proposed parking 23 services management agreement. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 27 28 Section 1. The city commission approves and authorizes the city 29 manager to ` execute a contract with Stroyne Bros. South, Inc. for parking 30 management services. 31' 32 Section 2. This resolution shall be effective October 1, 2003. 33 34 PASSED AND ADOPTED this 16 day of September 2003. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 READ AND APPROVED AS TO FORM: - Mayor Feliu: 43 Vice Mayor Russell: 44 Commissioner Wiscombe: 45 CITY ATTORNEY Commissioner Bethel: 46 Commissioner McCrea: Page l of 1 CONTRACT BETWEEN CITY OF SOUTH MIAMI AND STROYNE BROS.'SOUTH, INC. FOR PARKING SERVICES MANAGEMENT. This contract is made and entered into this day of September, 2003 between the City of South Miami, a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 -5093 and Stroyne Brothers South Inc. located at 7822 SW 66 Street, Miami, Florida 33143, a Florida corporation, hereinafter referred to as "Stroyne ". WITNESSETH WHEREAS, the city conducted a competitive RFP in order to contract for parking enforcement services, which RFP, by this reference is incorporated into and made part of this contract; and WHEREAS, the city is desirous of engaging a company to provide -a comprehensive program for the administration, collection, enforcement, and maintenance of the city's parking meters, valet parking and decal parking areas; and WHEREAS, city desires to engage and retain the services of Stroyne to perform the work described in this contract and Stroyne desires to accept the engagement; and, WHEREAS, Stroyne represents that it is competent, experienced, and able to provide this program. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. 1 WHEREAS CLAUSES 1.1. The above whereas clauses are incorporated and made a part of this contract. 2. STATEMENT' OF WORK 2.1' Stroyne agrees to provide services as specifically described, and under the scope of service set forth in pages two and three of the RFP, which Page l of 19 by this reference is incorporated into and made a part of this contract. Stroyne agrees to provide a comprehensive program -for the administration, collection, enforcement, and maintenance for all parking meters, posts, parking sign faces, valet ramps and decal parking areas within the city. Maintenance and installation of parking meters, meter posts, and parking sign faces shall` be on a scheduled, proactive basis. Stroyne will perform new, individual meter installations' of new, entire parking areas. The cost of these new or additional installations (parts & labor) will be billed to the city separately by Stroyne. The city shall furnish and/or reimburse Stroyne for the cost all direct materials or parts used in the maintenance program. The specific requirements of enforcements (including valet) program are stipulated in exhibit 1, and 2. Meter maintenance and general field maintenance requirements are provided in exhibit 3. Valet enforcement and restricted residential areas shall be conducted in accordance with the respective city's ordinances ill teeters shall at ill timed 2.3 Stroyne guarantees to provide city 100% of all parking meter revenues for the 750 meters (subject to change) currently owned by the city. The collection will be the responsibility of Stroyne. He shall collect the meter boxes of the most heavily used meters no less than two times a week. 2.4 Stroyne may purchase and install additional parking meters with prior written approval of the cites manager. Any new meters become the property of the city at the end of this agreement. The meters are to be in operation from 9:00 AM to 12:00 midnight,' 7 days a week, or as otherwise designated by the city. The meters will be enforced' on some national holidays as designated by the city. 2.5 The city reserves the right, as a policy decision, to alter the time and the days that the meters are enforced. Should the city make such a decision, both parties will negotiate any changes in enforcement or revenue division as a result of the changes. 2.6 Stroyne agrees to operate the parking meters 7 days per week to provide minimum overage of 91 weekly hours of schedule coverage with a minimum of 1 enforcement officer and 29 weekly hours of coverage with a minimum of 2 officers. The breakdown of these weekly enforcement coverage hours is provided in exhibit 1, 2.7 Stroyne 'agrees to follow an enforcement schedule similar to the one presented in exhibit 2. Planned changes to the schedule for any month Page 2 of 19 need to be forwarded to the city manager or his designee at least 5 business days prior to the start of the month. The changes should be clearly indicated on the schedule sheet for the month. 2.8 Stroyne- agrees to furnish the city with monthly enforcement productivity reports (gap report) summarizing enforcement citation output for each enforcement officer during all shifts. The report must demonstrate a daily breakdown by enforcement officer and the time - sequence citation output throughout each shift. A copy of the report (gap report) is to be maintained on an annual basis for the city's review at their request. Exhibit 5 provides a sample of the report. 2.9 Stroyne agrees to maintain and furnish upon request a monthly maintenance activity reports summarizing all work completed during the previous month. The report's are to be completed no later than the 5`h day of each month. Exhibit 5 provides a blank form for the report. 2.10 All revenues ,generated as a result of fines and forfeitures shall belong to the city. Stroyne shall not receive any remuneration, cash revenues, credit or any form of compensation from violations, nor shall any quotas or goals be fixed,' placed, or planned. 2.11 Stroyne warrants that all parking meters or other materials supplied shall be of good quality, free from faults and defects, fit for purposes intended and shall be warranted as to service parts for a period of one year from installation, 2.12 Stroyne represents and warrants to the city that it possesses all qualifications, licenses and expertise required for the performance of the services listed under this section; that Stroyne is not delinquent in the payment of any sums due to the city; all persons assigned to perform the services identified in this section are and shall be, at all times during the term of this contract, fully qualified and trained to perform the tasks assigned; and that services will be performed as directed in the RFP. 2.13 Stroyne; agrees to allow for 100% auditing of all meter revenues by the city during the life of contract. The city's right to audit shall extend for a period of 120 days beyond the termination of this agreement. Additionally, a schedule of revenue collections shall be submitted to the finance director no later than the l" of each month. One city employee shall be present during the collection process, bagging, and bank delivery. A copy of each deposit slip shall be submitted to the finance director by Stroyne. Page 3 of 19 a, 2.14 Precaution shall be exercised at all times for th e protection of persons and property. Stroyne and his subcontractors shall conform to all OSHA, state, county, and city regulations while performing under the terms and conditions of this contract. Any fines levied against Stroyne due to Stroyne's inadequacies to comply with these requirements shall be borne solely by Stroyne. (tom 2.15 Stroyne ,shall, at the time of executing this contract hold a valid occupational license issued by the federal, state or county qualifying Stroyne to perform the work proposed. if a subcontractor(s) is employed, an applicable license issued to the subcontractor(s) shall be submitted along with Stroyne's certificate prior to the starting of work; provided, however, that the city may, at its sole discretion and in its best interest, allow Stroyne to supply the certificate to the city during the first week of work. 3. COMMENCEMENT DATE AND TERM 3.1 The term shall commence upon the date of this contract and expire upon the earlier of October 1, 2003 or the acceptance of full performance by the city. 3.2 The contract may be extended for three one -year extensions, unless cancelled by either party with 90 days prior written notice. 3.3 The city reserves the right to renegotiate the terms of the contract annually. In exchange for the two -year agreement and 3 one -year extension provisions, Stroyne guarantees that the city will receive 100 % of all meter revenue. 4. PAYMENT 4.1 The city' shall pay Stroyne the sum of $17,461.67 per month. The amount shall be a fixed price. 4.2 The city shall not be liable to pay, and shall not pay, charges for extra work, delay charges, or additional work, unless the city's contract officer specifically authorizes the extra or additional work, in a written task order before the commencement of the work. Page 4 of 19' 5. TRANSFER AND ASSIGNMENT 5.1 None of the work or services under this contract shall be subcontracted unless Stroyne obtains prior written consent from the city. Approved subcontractors shall be subject to each provision of this contract and Stroyne shall be responsible and indemnify the city for all subcontractors' acts, errors or omissions. 5.2 Stroyne 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 Stroyne 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. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by Stroyne to the city. 6. MODIFICATIONS' CHANGE ORDERS 6.1 The city may, at any time, by written change order make changes to the scope of work, and to the means and methods of performing the work. The city may order temporary stoppage of the work or delay in performance that does not alter the scope of work. Changes, including any increase or decrease in the amount` of Stroyne's compensation, shall be incorporated in written amendments to this contract. 6.2 If any change causes an increase or decrease in the price charged, the maximum amount of the contract, or the time required for performance of any part of the work under this contract, or otherwise affects the conditions' of this contract, the city shall make an equitable adjustment to the maximum amount, the price(s), the delivery schedule, or other affected terms, and shall modify the contract with a written change order. 7. TERMINATION FOR DEFAULT 7.1 Either party may terminate this contract prior to the expiration of the initial term or any subsequent renewal term on account of a material breach of this contract by the other party, which has not been cured within 10 days from the date of receipt of written notice of breach from the party seeking termination. 7.2 Termination shall be effective as of the end of the notice period in the case of any uncured material breach. Page 5 of 19 7.3 Stroyne may terminate this contract prior to the expiration of the initial term or any subsequent renewal term upon not less than 30-days prior written notice to the city in the event that Stroyne is unable to complete the services identified in section 2 due to causes beyond Stroyne's control. 7.4 The city shall have no liability to Stroyne for future profits or losses in the event of termination for default. 7.5 The rights and remedies of the city provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 7.6 Should Stroyne provide the city with written notice of cancellation of contract, Stroyne will be required to refund a pro -rata share of the compensation identified in section 4, above. 8. TERMINATION FOR DELAY. 8.1 If the project is suspended or Stroyne's services are delayed by the city for more than 30 consecutive days, Stroyne may terminate this contract by giving not less than 10 days written notice. 8.2 The liability of the city upon termination by Stroyne for suspension or delay of the project shall be for the value of services performed pursuant to the schedule contained in the statement of work rendered by Stroyne to the time of termination by Stroyne. The city shall not be liable for future profits or losses. 9. 'TERMINATION FOR CONVENIENCE 9.1 The city may terminate this contract for convenience at any time by giving 10 days notice in writing to Stroyne. Stroyne will be paid for the value of services performed pursuant to the schedule contained in the statement of work, up to and including the termination date. Stroyne will be permitted to complete on -going investigations and shall be paid for all satisfactory work completed. The city shall not be liable for future profits or losses. 9.2 In the event that the city improperly terminates the contract for default under paragraph 7, the termination shall be deemed a termination for convenience under this paragraph. Page 6 of 19 10. TERMINATION FOR LACK OF FUNDS 10.1 Not withstanding any other provisions of the contract, if the funds anticipated by the city for the payment of work under this contract are `at any time not forthcoming, through the failure of the city to appropriate funds, the failure of Miami -Dade County, the Florida Legislature, or the U.S. Congress to appropriate funds, or the refusal of the administrative branch of the federal .or county government to release funds, or due to any other reason for the unavailability of funds in succeeding fiscal years, or the discontinuance or material alteration of the program under which funds are to be provided, the city shall have the right to terminate the contract without penalty by giving not less than 10 days written notice of the lack of available funding. 10.2 In the event the city declines to appropriate funds for payment of the contract for future fiscal years, Stroyne shall be paid for work performed under the contract with funds that are appropriated for the current fiscal year. The liability of the city to Stroyne shall be limited to the obligation to budget and appropriate funds for work performed during the current fiscal year. 10.3. For any portion of the work that is funded by county, state or federal appropriations or grants, the liability of the city to Stroyne shall be limited to payment for services when payment is received by the city from the county; state or federal authority. The city shall submit all required documents requesting payment within a reasonable time. The city shall not be liable to Stroyne for work performed in the event that payment is not received by the city from a county,' state or federal funding authority. This is apay- when -paid clause. 11 RIGHT TO WITHHOLD 11.1 If work under this contract is not performed in accordance with the terms hereof, the city has the right to withhold any payment due to Stroyne, of any sums as the city may deem sufficient to protect it against loss, or to ensure payment of claims, and, at its option, the city may apply the sums, in the manner as the city may deem proper to secure itself or to satisfy the claims. The city will provide' Stroyne with 10 days prior`` written notice in the event that it elects to exercise its right to withhold under this paragraph. 12 INTEREST PAYMENTS DUE TO LATE PAYMENT 12.1 The city shall make payment to Stroyne within 30 days of receipt of the original 'written invoice and sufficient backup documentation and acceptance of the work by the city. Interest shall accrue on unpaid invoices as provided by section 218.74, Florida Statutes. Page 7 of 19 i 12.2 Contractor shall not be entitled to any carrying charges or finance fees due to late payment by the city. 13. LIENS 13.1 Stroyne, subcontractors, suppliers and laborers are prohibited from placing a lien on city's property. 14. INDEPENDENT CONTRACTOR 14.1 Stroyne 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. 15. INSURANCE AND INDEMNIFICATION 15.1 The city shall not be held liable or responsible for any claims which may result from acts, errors or omissions of Stroyne or its subcontractors, suppliers or laborers. In reviewing, approving or rejecting any submissions or acts of Stroyne, the city in no way assumes responsibility or liability for the acts, errors or omissions of Stroyne or subcontractors. 15.2 Stroyne shall not commence work under this contract until it has obtained all insurance required by the city. Stroyne shall defend, indemnify and hold the city harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act, error, or omission or misconduct of Stroyne, or Stroyne's subcontractors, suppliers and laborers incident to the performance of Stroyne's services under this contract. Stroyne shall pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever resulting from its intentional misconduct or negligence. 15.3 Stroyne shall <maintain during the term of this contract the following insurance: A. Automobile liability insurance should cover owned, non- owned and hired automobiles with combined single limits of at least $1,000,000.00. B. Comprehensive general liability insurance with broad form endorsement, completed operations and products liability, contractual liability, severability of interest ` with cross liability provision, and Page 8 of 19 personal injury and property damage liability 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 policy or policies shall name city as additional insured and shall reflect the hold harmless provision contained herein: C. Workers' Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies shall contain waiver of subrogation against the city where applicable and shall expressly provide that the policy or policies are primary over any other insurance that the city may have. The city reserves the right to request a copy of the required policies for review. All policies shall contain a "severability of interest' ' or "cross liability" clause without obligation for premium payment of the city. E. All insurance policies required must be written by a company or companies rated at least "A" as to management and at least "Class V as to financial strength in the latest edition of the Best's Insurance Guide, published by Alfred M. Best Co., Inc., Fulton Street, New York, New York, and qualified to do business under the laws of the State of Florida. F. 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 Director of Finance, at the above address: City of South Miami To the Attention of the Finance Director 6130 Sunset Drive- South Miami, Florida 33143 -5093 H. Stroyne .shall furnish certificates of insurance to the city prior to the commencement of operations. The certificates shall clearly indicate that Stroyne has obtained insurance in the type, amount, and classification as required for strict compliance with this paragraph. 15.5 Compliance with the foregoing requirements shall not relieve Stroyne of its liability and obligations under this contract. Page 9 of 19 . ,< •,. � � .� ,� .. �.. ,, � s. mow.,.. 16. EQUAL EMPLOYMENT OPPORTUNITY 16.1 During the performance of this contract, Stroyne agrees as follows.: A. Stroyne shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation or national origin. B. Stroyne shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation or national origin. Such action shall include, but not be limited` to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. C. Stroyne shall post in conspicuous places available to employees and ,applicants for employment the notices to be provided by the contracting officer that explain this clause. D. Stroyne shall, in all solicitations or advertisements for employees placed by or on behalf of Stroyne, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation or national origin. E. Stroyne shall send, to each labor union or representative of workers with which it has a collective bargaining contract or other contract or understanding, the notice to be provided by the contracting officer advising the labor union or workers' representatives of Stroyne's commitments under this clause, and post copies of the notice. in conspicuous places available to employees and applicants for employment. ` F. Stroyne shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. G. Stroyne shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. Stroyne shall Page 1,0 of 19 permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with the rules, regulations, and orders. H. In the event of a determination that Stroyne is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and Stroyne, may be declared ineligible for further governmental contracts, or federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. I. Stroyne shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. Stroyne shall take the action with respect to any subcontract or purchase orders as. the Department of Labor may direct as a means of enforcing the provisions, including sanctions for noncompliance; provided that if Stroyne becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of the direction, Stroyne may request the, United States to enter into the litigation to protect the interests of the United States. 17. MEDIATION 17.1 Any claim or dispute arising out of or related to this contract shall be subject to informal mediation as. a condition precedent to the institution of legal or equitable proceedings by . either party. Both parties waive any right to arbitration. 17.2 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. 17.3 Contracts reached in mediation shall be enforceable as settlement contracts in the circuit court for the 1 tth judicial circuit for the State of Florida. Page l l of 19 18. JURISDICTION AND VENUE 18.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. 19. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES 19.1 The city does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 20. NOTICES 20.1 All notices given or required ,under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of Stroyne and to the city specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. 21. CONTRACTING OFFICER REPRESENTATION 21.1 For the purposes of this contract, the contracting officers are as follows: To the City: City of South Miami City Manager 6130 Sunset Drive, South Miami, FL 33143 -5093 Telephone: (305) 668 -2510 To Contractor: Stroyne Bros. South, Inc. _ Ron Stroyne, President 7822 SW 66th Street Miami, FL 33143 Telephone: (305) 595 -4866 Page 12 of 19 22. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS 22.1 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 Stroyne's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions: 22.2 The city may, at reasonable times during the term of the contract inspect Stroyne's facilities (if applicable) and perform inspections, as the city deems reasonably necessary, to determine whether the services required to be provided by Stroyne under this contract conform to the terms of the contract and RFP. Stroyne shall make available to the city all reasonable facilities and assistance to facilitate the performance of inspections by city representatives. 22.3 Stroyne understands and agrees that any information, document, report or, any other material whatsoever which is given by the city to Stroyne, or which is otherwise obtained or prepared by Stroyne pursuant to or under the terms of this contract is and shall at all times remain the property ; of the city. Stroyne agrees not use the information, document, report, or, material for any other purpose whatsoever without the prior written consent of the ; city, which consent may be withheld or conditioned by the city in its sole discretion. 22.4 Stroyne agrees to include in first -tier subcontracts under this contract a provision substantially the same as section 16 above. "Subcontract," as used in this clause, excludes purchase orders not to exceedA9 EEETE ; $5,000.00. 22.5 Stroyne understands that the public shall have access, at all reasonable times, to all documents and information pertaining to city contracts, subject to the provision of chapter 119, Florida Statutes, and agrees to allow access by the city and the public to all documents subject to disclosure under applicable law. Stroyne's failure or refusal to comply with the ,provisions of this section shall result in the immediate cancellation of this contract by the city. 22.6 The right to access and examination of records in this section shall continue until disposition of any mediation, claims, litigation or appeals. Page 13 of 19 ° i '^,'- ^'z ,,.,;. :: - . ,� 23. OWNERSHIP OF DOCUMENTS 23.1 All documents, reports, plans, specifications or other records, including electronic records, resulting from the professional services rendered by Stroyne under this contract shall be deemed the property of the city and the city shall have all rights incident to this ownership. Stroyne acknowledges that all documents prepared under this contract shall be. public records, and shall be subject to public inspection and copying, as provided by chapter 119, Florida Statutes. Upon conclusion of this contract and any extensions, all documents shall be delivered by Stroyne to the city. Stroyne shall have the right to retain copies of the documents at Stroyne's expense. 24. SEVERABILITY 24.1 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. 25. ENTIRE CONTRACT 25.1 The contract, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. 26. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY 26.1 Stroyne warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and Stroyne has not, and will not, pay a fee the amount of which is contingent upon the city awarding this contract to Stroyne. 26.2 Stroyne 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's conflict of interest and code of ethics ordinances. Page 14 of 19 26.3 A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to Stroyne. 27. WARRANTY OF AUTHORITY 27.1 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. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. The City of South Miami ` Stroyne Brothers South, Inc. By: By: Maria Davis, City Manager Ron Stroyne, President ATTEST CITY CLERK By: Ronetta Taylor Approved as to form: By: Earl G. Gallop, City Attorney Page 15 of 19 EXHIBIT 1 ail ...,.ENFORCEMENT SCHEDULE (COVERAGE REQUIREMENTS) The Stroyne shall make provisions to have their enforcement personnel on duty in order to properly achieve the coverage requirements. The 15 daily hours of parking enforcement will be maximized and shall include coverage for vacation, sick and other any other leave The following schedule requirements will apply for all normal enforcement days. Minimum No. of Parking Daily Enforcement Officers * * Enforcement Hours ' Coverage Fours Monday — Sunday 1 13.0 9:00 AM -10:30 PM Thursday 2 5.0 5:00 PM —10:30 PM Friday 2 9.5' Saturday 2 8.5 "tl Sunday 2 8.5' N taim., n ie r x� age .irnu + t a e i fr : ii 301*.?I .. M XWr TWMX A 1F It7TT777 t7 TILT'T.!\714"TILdT1►TT !'Vli 7T:ii A !IV. A. Single coverage:. Mays x 13 hrs /daily = 91.0 Hours B. Double coverage: 1 day x 5.0 hrs /daily = 5.0 Hours 1 day x 8.5 hr. /d = 8.5 Hours 1 day x 8.5 hr. /d = 8.5 Hours 1 day x 8.5 hr. /d = 8.5 Hours Total weekly hours 121.5 Note; This coverage will include holidays where parking enforcement will be in effect. For the double coverage requirements, some exceptions will be allowed during the contract period. Whenever possible, Stroyne must make a written notification of this inability in advance to the city manager or his designee.. �: i3[ ........ ........4: .......: . . ! rV....:.... ..... . . 4. 7.•2T7CLW.i✓A7+ �� A *�'4 iWL41J.1:1!FL •} YAI It('.f1[ M'W'.rJt 11 .( (TE per lga1 nunsl) Incidents where the double coverage requirement IV 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 2) reflects the coverage parameters outlined above. Page 16 of 19 EXHIBIT 2 Sample of Staffing, Coverage WEEKLY MEETER HOURS 9:00 A.M. TO 12:00 Midnight (105 Hours). WEEKLY ENFORCEMENT HOURS 9: 30A.M. —10:30 P.M. (91 Hours). SUNDAY '' MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY A A A A, A OFF OFF OFF OFF B B B B B C C OFF OFF C C C D OFF OFF D D D D I. THREE (3) FTE'S: A = 9 :00 AM — 5:30 P.M. = 8 HOURS WITH 1/2 LUNCH B = 2:30 PM- 11:00'P.M. = 8 HOURS WITH 1/2 DINNER C = 2:30 PM —11:00 P.M. = SUNDAY / MONDAY; 10:00 AM — 6:30 P.M.= THURSDAY; 9;00 AM — 5:30 P.M. = FRIDAY / SATURDAY H. ONE (1) PTE: (25 HOURS A WEEK) D = 5 :00 PM '= 10:00 P.M. / WEDNESDAY — SATURDAY; 1:00 P.M. — 6:00 P.M. / SUNDAYS NOTE: SAMPLE INCLUDES NET OF MEAL BREAKS, PREPARATION TIME AND PROJECTED TRAVEL TIME. MINIMUM' WEEKLY ENFORCEMENT' COVERAGE IS OF 91 HOURS (9:30 A.M. to 10:30 P.M.) *ADDITIONAL COVERAGE FROM PROPOSED SCHEDULE A) DOUBLE: 1) 3 :30 PM TO 5:30 PM = 2 HOURS (SEVEN DAYS 'A WEEK) = 14 HOURS 2) 5:00 PM TO 10:00 PM = 4 DAYS (WED. — SAT.) = 20 HOURS 3) 1 :00 PM TO 6:00 PM = 5 HOURS ONE DAY (SUNDAY) = 5 HOURS Note: a total of 39 hours of double coverage. B) TRIPLE: 1) THURSDAY 3:30 PM TO 5:30 PM (2 HOURS OF TRIPLE COVERAGE -STAFF MAY BE USED FOR MAINTENANCE AND /OR FIELD INSPECTIONS ECT.) • INSTANCES OF DOUBLE AND TRIPLE COVERAGE CAN BE REDUCED BY VACATIONS, SICK LEAVE AND OTHER ABSENCES. '�r4.,; -- ,�— s— ,F,.;. u'�e- ?,-„z .a,, ---€�i c .., Tj. .wsa•n v ---»,, t.FS,r, '� r ''.a`�,-c; . ' ?.' ,.'� ';, „'. '_�-. �,r.RmwirF; ,.,gyp i ^ ,, ^,.' ^ „ ., rn-rsnx 'yo- A ;, _ EXHIBIT 3 CITY OF SOUTH MIAMI 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 Stroyne's filed personnel. Deficiencies will be addressed in accordance with the completion time specifications listed below' (T►uT: Required Correction Completion Time from Date Reported Damaged or defaced sign within 5 business days Bent parking meter post within 10 business days Missing or damaged parking meter heads within 24 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 maintained by the subcontractor and submitted to the , city upon request. The report will be completed within the first five (5) working days of the month following the prior month. A blank report form is provided in Exhibit 4 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 WWWW hall �i liG kiLl1i�411AV:ifiFll ii W1. iGA3 C�LiJI ilf. LLLG�Gl 1G�JAll 1G� VlUJ. Page 18 of 19 CITY OF SOUTH MIAMI PARKING METER' MAINTENANCE AND REPAIR PROGRAM Month/Year 200 Page# DAYI DATE LOCATION DESCRIPTION Note`. Maintenance sheets must be properly filled out and secured by Stroyne. They should be place on a three ring binder and readily available for inspection by the City. Reporting Serviceman Page 19 of 19 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 CITY COMMISSION MEETING DECORUM; AUTHORIZING 6 THE CITY MANAGER TO PURCHASE LIMITIMER'PRO -1000 7 FOR AN AMOUNT NOT TO EXCEED $1,000.00; FUNDS TO BE 8 DISBURSED FROM THE CASH RESERVE; PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Article I, Section 2- 2.1(J) entitled "Manner of Addressing 12 Commission; Time Limit" provides that each person addressing the commission shall 13 step up to the microphone, shall give his or her name and address in audible tone of voice 14 for the public record, an unless further time is granted by the Commission, shall limit his 15 or her address to five (5) minutes or until statements appear to be repetitive or obstructive 16 as determined by the presiding officer; and 17 18 WHEREAS, it is this Commission's desire to ensure that each member of the 19 public wishing to participate in the public remarks /public hearing process be allotted the 20 five (5) minute time limit; and 21 22 WHEREAS, The City Commission seeks to provide a method of timekeeping that 23 is fair, consistent, and respectful to all; and 24 25 WHEREAS, the City Clerk asked the Florida Association of City Clerks to 26 conducted a survey of the different kinds of timing devices being used by other 27 municipalities; and 28 29 WHEREAS, the D'San Limitimer Pro 1000 was the overwhelmingly favorite 30 with 100% satisfaction; 31 32 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 34 35 Section 1. That City Manager is hereby authorized to purchase the D'San 36 Limitimer Pro 1000 for at amount not to exceed $1,000 37 38 Section 2. The disbursement for this purchase shall be allocated from 39 Account No. 40 41 42 Section 3. This resolution` shall take effect immediately upon approval. 43 44 45 PASSED AND ADOPTED this day of , 2003. Additions shown by;underlinina and deletions shown by ever- . l 2 3 ATTEST: APPROVED: 4 5 6 CITY CLERK MAYOR 7 8 Commission Vote: 9 READ AND APPROVED AS TO FORM: Mayor Feliu: 10 Vice Mayor Russell: 11 Commissioner Wiscombe: 12 CITY ATTORNEY Commissioner Bethel 13 Commissioner McCrea: 14 Page 2 of 2 Welcome to Dsan Page 1 of 1 Tel: 800 -442-3726 Int'I: 516- 625 -5608 Fax: 516 - 625 -0878 l Email: mf a • > { :. • \\ w xt Nx .... ,„„, qp �y ..:f3.}�£•:Q:S:yA:7�b. } 'i'. }i }'yF':fFv ;•t;.. }•: : , Qy;Y.n::.:;:: >•'n.'.5v:9 v?-v;j.:w;`i:::¢: ' •.jv.y:•� .:•.•::: }t }} .0 y k V y Y : }:.., .v :j .::::.v:v }:•,•: : ..,........ Legislative Iirnitimer - signal lights } Lecture Hall Note: All signal - lights contain both input and output, jacks so that they may be interconne. Introduction a daisy chain fashion to create a custom display configuration. :Signal Lights .................. IlAccessories IlApplications y I Prices y x, Y - a PC -Based ,.r <. Personal titxtk Y' <<,: PSL -10V Podium Signal Light PSL -10VF' Flush-mount Signal Light Dimensions: 3"D x 4 "W x 3"H Dimensions: 4 "W x 2.5" H On board beeper; signal lights front and back Additional signal lights may be plugged into :on- board jack audience signal lights Accessories ....................... ........:. i:. ASL4 Audience Signal Light ASLxND3Audience Signal Lights 4" circular field of LEDs Solid LED digits; Can be used as digital cl May be powered directly from Limitimer when timer is "off." Numerous options: Sto or plugged into AC outlet when more than 200' zero; blank out at zero; count -up at zero; w away lights on or off, etc. May be driven directly timer or draw remote AC power ASL4ND3 - 4" -high digits with green -yello warning lights. Case: 21 "W x 5.75" H x 1.5 ASL2ND3 - 2" -high digits with green -yelio warning lights. Case: 11 "W x 4.5" H 1.5" x as s i @ - 442 -3726 g Int'I: 516- 625 -5608 m Fax: 516- 625 -0878 Email: info @dsan D http:// www. dsan. com/SpeakTimers/Liinitimer2.asp 9/5/03 Welcome to Dsan Page 1 of 1 } Tel: 800-442-3726 I Int'l:516 -625 -5608 l Fax: 516 -625 -0878 I Email inf x � Signal. at;ve speaker timers - lecture hall �► .. It'll. :::.... cfure Hall 1mit . Introduction "the `raftLkh.tforSpeakers ISignal Lights f ,> IlAccessories Limitimer is an automated timekeeper that f { s y •,,� } lApplications controls a remote signal light alerting ^ >'�� I Prices speakers to the end of allotted time IPC -Based Limitimer ... Keeps time at lectures, forums ': and legal proceedings. Maintains pace of'� }�` ;•: ' Personal programs. Builds confidence that no one's`w time is unfairly curtailed, Spares moderators the need to interrupt and helps53 speakers end smoothly. .a ` irf� n tt . 3! } 4. .... >.. .... .. ..... J+.. nd_c �}vliu .oi �•:in. � {. � �.....� .a!u3 � .3: �`..`9i(?� .,,�„Y..,E.ki,:> ...�G?:�. ii.1Ci ?.,.. 'wi.��s.: #� Beep once on red light or beep repeats with ?" 'Preset up to four time programs red blink (1 /second) Change TOTAL TIME or SUM -UP TIME Dim Red delays onset of beep /blink for 30 , $ timer is running: seconds after 0:00 Select different beep, blink and dim red Repeat program settings `'combinations ,@ 2002 D'san Corporation Tel: 800 - 442 -3726 int'I: 516 -625 -5608 m Fax: 516- 625 -0878 F Email: info @dsan http://www.dsan.com/SpeakTimersALimitimerl.asp 9/5/03 '��. ;�.;� ;„ ^�?m- rgr`,a°�?'r, .. :: r^-r .:. ,m. „3.°`°�'r?; �' e^ , ...•n :;3;�! t�� . ^ �' fi-'�,w�;�°�^.,•-mrr,�Tter�s ' a��"m::�- ri`u”- '-x,�- +.r�.: r �F" ..:�...m . ,x �,c^° -r -, .:-T+,'`'- �. • '�`a'11'i�e l'1;':�•l�y<`ii�l✓y�i'j .�;' i I .•^'^+TTII f r+ � '+llY I j, b, , 1 ' ' LI ''II n E l rl 1ilpd �,Y IIh1 y Ii. 9I IJY A� DSaorlptlQp ti y,g AV 1t100y Options: Beep, blink, d(rrlrod r ° System Includes Timer, Podlum 80nal Ll`pltt 60' e ' I, end cable. I ` � 'I 4r "�IJi't PRO-1.0001 ,1•:'` d.n.�3, i '� r /I�, ti�ri •• r ( � "' ' a1il III '�3' Preset up'to foUl�prtiarame A,,,s " 817,00 ,� 8ystarn Includes 71me111 Podium lnal Light shO, a' cabIs r'ti.i' it 1.,7 ', � t1'F'i,h 1 R rn '('' I ' ' � r`, r t I ;� ..'jr , •• f 1 )ljfl t PSL Extre Podium One Light a �,y ; ° ,' I 111' r�, a" � r PSL -10VF HIV I, I (I $184.00 /L t r W rl Audience Signal Lipht with 4, trl color Ilpl ti $ 488.00` Ka. �'Ty 1 FI I . Audience Signal Light with 4"'d ipltai display and�trl color lights $ 818,00 I: ASL 2tV03 .. .. Audience Slpnal Light with 2 3" digital dl ®play and trl color lights $420,00' r. r, 1 1 �. P/I��°I v> , .•^'^+TTII Y.I�.PI 1 .% qld , ,••. Part Kp° , DSaorlptlQp NCO AV 1t100y Options: Beep, blink, d(rrlrod r ° System Includes Timer, Podlum 80nal Ll`pltt 60' $ 717.00 end cable. PRO-1.0001 Blink (SloWtfeat); ®epr(on Yellow, °on Red or both),: " blm Red (bel'ay beelR /blink on red 16, 30 40, qr 60 seconds a1il III '�3' Preset up'to foUl�prtiarame A,,,s " 817,00 ,� 8ystarn Includes 71me111 Podium lnal Light shO, a' cabIs 1.,7 ', � t1'F'i,h 1 R rn ni a.' 1 )ljfl t PSL Extre Podium One Light a �,y ; ° ,' 1. $208.00 r�, a" � r PSL -10VF Flush mount Podium Signal Ligh<; ;r, �, ,JI• $184.00 ASL 4 •: Audience Signal Lipht with 4, trl color Ilpl ti $ 488.00` A$L 4NQ3 . Audience Signal Light with 4"'d ipltai display and�trl color lights $ 818,00 I: ASL 2tV03 .. .. Audience Slpnal Light with 2 3" digital dl ®play and trl color lights $420,00' r. CS -81b . y Woide Limitlmer Complete Syet9rin Mum1 $131.00 CS-82 7 ... t Lim or Complete Systomt8 Audi ®nos SI nel `Light $263.00 1• A r� I(ES -t 51: i xtenilon Ce,blo for Signal Light d ft.. {a 3w.. I $" 4C.60 KB 5 -077 roden®lon`Cable for Signori Light $ 77.00 k6 -se0 °Y° Connector for two 8lgnel Llph#�I (� $ 3100 PS -10V, '. Power booster tol drive.four or mori siprnel lights $100,00 Mile Notre to Intemgfipn it urere Umitimer, will operf.1 on.elther UQ t2 Volt pr 20 24q Vold AC current, the timor will be thepproprlate for supplied with plug your country,: , D'Spn agile direct to users world wide an Cos throupl� dsatarg,.Pleae4 9onteof us for further Information, , 1i° I ` f s '19 i• F ' Warrantwy, Instruments made by D, an Corporeilon eri werranta d aggpin�t �e octd In matemsis and workmanship for one year from date or shipment, Any instrument whl.h talts.Nirll .be restored free of charge. D'San will, ,determine Whether,the,feill�ne WPM thft:nsuk ofdefact or uasr negligence. - t. li '✓' �'rl � I' L� M1 �1 i � yi4 I , I �i . � i Ipr i ,a a Irl. T141"175. I. 'I y. AI � "C (' t trf , d1. r Y i Ire al.• i �,, � I , ,I. ylr�r rr•, i r t 1 ' al. 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' J ' . ,'+I f h1,Y�, °'� I �., ,, ' I 1 'll I �y /Y.�i Vl^ 1FI �,i'��Fj, A .11 '1 Iq. it ^: ! li: y� •' 1 ''4 I' r: II 1 1 , if II II� , I I. •(P'n. G7 ?�, h" } I � it ' v f ' ±: Jf ";" it, r.-'Al f I ''1t r i ' � III a) II' �I l yrV.1, 1 f; +1 ' .if Ilia %. III. } a / ( I r .. j' y Y�' ly w t I.Y ,' \ , . i / I i1)� Ali a'f Sl �y i} {4 Ir v �i ; i. It e3.9.S�+' i SGr�ilxF' I I. }y, , ! 1 1 i 1rY rI YrP YI V z�. 1 0.+ 1 i a`.. I. 11 , I ; 6, ? Y 1• ibSr l�! 1 rll It h� l:' II I• A.II } r.IS ' {� � .1 Y , L I I! , k let). 1 I:� Ir p 1 , r� �1.. I : 1 1 1 IIf , l i ° R?, . ,,;k 7 1 �^I . . tt}'Ilfl I a I�t f 1' u 4 171,',1. rc 1p1i 4 L �I�flpv Y•IIPP I T.I r,, la II'f %l)11j 'Y 1 1' ' l y } tw I '' ,.,; I } 0 ,1' '11y t fairy 1.111, ( f I P, Yi It tl /.1., J 1 y �� V I$ I x / R.I I J 8 1r t t yVt. f ! IJI t S• 11 ' n'!.. e I'Vh, , 3•h+ rlr c� is �i v n if I -: Ignal Lights 7 a 1 ,• S :fi, IIYIIAI'\' I IJ':. I 11. f O'F t k e II , Ir t' N +Yhe 1 & n IV I r tl i; , ,.: NI j ,rl A 1V N ' ivG I' ro , 1" 0: al R'.i'$ % r v tS i�, I r �l Iry'if �° tt 1 ;Note; Ail signal lights contain both Input and output jacks a0 that they may bo intarconnected i>;! a daisy °." . '' I 1' 1}L :1 chpin Ashion to Crean a custom display cbni�guration O,,, I II fI 1 Il q , /f l l 1�t1. " , , p . I }r ¢ 1. ''pail l7ri' ,/. I� +r }, I��k.'. ' dI, ". ' II , °1 1 ''' l L-1GV Podlurn.Blgnal Light ' ;'�i# F l i , l Y11 1.k GAF'' • �J y A 1 . I u .tl,Nl I .. V 'li., II) 1" : +' " Y �I Dimonslons: 3'rD 4n 3RR ( • 4; 4'a,. l On board beepor; signal Qht�'$ont aid back ` ' tf Y �i ll, al .. �1, C —.1'... 'I I Additional signal lights may be plugged Into onboard ` ��- l.. ° di} I I • i� �, Jack I Fi •!j 1. �.el{ Ll ryla k IAI I� ' . 1. i J• " !` " 114YyN/ . r9.i.b'' i1' r ail t II t j} ,. it' I �h1,7 , % 14 °�gf +tl ,\ ..I I I }I i I. ` 1'il`iP),i Tw it."I,l11 ' . ,I ` ^II "I .. t. -••� .. / ..l aP pY•j'•. t , f I. 1 I I ,.- �: "''i i t;Yl° x i k¢ , ', a i S ` tl, tiY w' I. . . w 6 '7j I/i I r b 0 IJhq ' (� y %..,IG7 �i .. , . . . fl , �I,� t t • "F1 .r ,,�Lx I s I :'I, N , ,, ,f � a , \r i«a,. .. I I Gf 'R r' t 1 B "I irO ; "" Y '. ". k1 re 6 .� - 1 ( I F 4r I . i, Il(''I �a }�tr:f 1I ' ;.,..ail PSL 10VF Flush -mount Signal Light .. r�1;a1'€ 1. �'c 11 r ` I' G4J Ir pink' ! i t DimQn810�a a °i�v x 2 3r9 H i ' ',II`r Ind }`t t R p f 1 4 i i FI h I I. !i, 2 r ih n t t I :A' L ryl (r `J I"I' r a 71t a Yt a ,a , as I P! P� �� 4r Y aI j i'I ! to I�: vin I IPV tnvy d'111 I 9 rl IsIY �', IA ,I`0�"i'' " f`1h Y J N Ip.•1,: ° alrla I I.•I I w'f Iv.,VI, v IYh1 :`A17i1 y e. 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I "i VIYhr t l i III i r l f> I. 1 'bJ , ' I Ir I r a I 1:� !,1 1 t ., Il I j. • r wjl.' iyr .y 1, ,. Jt lit 1 '. r .. 6ai;�;i;';'�ji �; I„ A8L4 Audl�nCe ftnal Ll ht ABJ xND$Alydlsn s 81' �nal L.i ht� 1 � 1.\1 y3'4111' t1y "II,6''lh li IVl1 J't ,. }+ 4r'Cil'CUltiCfleld of ].EDs «. Yr "n.Y lD do its •, •., �. I•• .••:•r. 11,:. I+' I :tjl --Fj :' 1. } ' I t} rrya„r $olll� g ; Can.be used as digital clock whan !•,rl r ; Y� .,; iii l May be powered directly from Limit men ti> of is, "oft.. ivuscerQus gptions: Stop on,zpro; blank n :. IYtI I\II It y 1 i 1 „ ;I,II I ir;i h;l;' or plugged into AC outlet when morn than out �t aero; count up at`zero" wammg lights on or off, ` ^,. 11 ,'N \g111Y•� ,I 1 i-, ; ��; Ir'v , 200' away etc May be'driven directly m t� };`l 1'' 1. t,�1 t r ,• a .... y: mei or draw A 1. 11 1 111�1i °' RI `dip I1' ; 1s rongtQ A .power ;' I ° 4r, �I I. 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Cq to I� OO 0_): O .- O .- r-: .- e-' r r- r N N N N N N N, N N N M M' 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY - OF SOUTH MIAMI, FLORIDA, SUPPORTING 5 FTAA'S EFFORTS TO PROMOTE MIAMI AS THE NATURAL 6 LOCATION FOR THE PERMANENT SECRETARIAT OF THE 7 FREE TRADE AREA OF THE AMERICAS; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the recent history of a comprehensive Western Hemispheric 11 free trade zone began with the Enterprise Initiative for the Americas proposed by 12 President George Bush in 1990, and at the first Summit of Americas, held in 13 Miami` during December of 1994, a 2005 target date was approved for the 14 establishment of the Free Trade Area of the Americas (FTAA); and 15 16 WHEREAS, successful negotiation and ratification of such a free trade 17 area would mean significant reduction of trade barriers and lend impetus to the 18 future dynamics in hemispheric commerce that would be of great benefit to 19 Florida's economy; and 20 21 WHEREAS, during the VII American Business Forum in Quito Ecuador, 22 Florida FTAA delegates explained Miami's business, infrastructure and cultural 23 advantages to Latin American and Caribbean government representatives; and 24 25 WHEREAS, for the first time, a conceptual design of the building that 26 would house the 'FTAA Permanent Secretariat has been designed and presented; 27 and 28 29 WHEREAS, Miami is the business capital of the Americas; and 30 31 WHEREAS, South Florida is home to 2100 multicultural companies, 25 32 Foreign Trade Offices, and 40 bi- national chambers of commerce; and 33 34 WHEREAS, over half of U.S. international rate with Latin America and the 35 Caribbean flows through Miami; and 36 37 WHEREAS, 40 shipping lines through Miami connect 360 ports in 130 38 countries around the world, and Miami International Airport is the top U.S. airport 39 for international travelers to and from Latin America; and 40 41 WHEREAS, the Florida FTAA is a non - profit corporation, which supports 42 hemispheric free trade and efforts to bring the permanent Secretariat of the FTAA Additions shown by underlining and deletions shown by everstrg6ng. I to Miami, supported by Governor Jeb Bush, top state leaders in business and 2 government, Enterprise Florida., Inc., individual companies and associations 3 statewide. 4 5 NOW THEREFORE BE IT 'RESOLVED BY THE MAYOR AND CITY' 6 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 7 8 Section L That the City of South Miami fully supports the location of 9 the FTAA Permanent Secretariat in Florida due to many benefits it will bring in 10 increased trade, business and economic development to all points in the state. 11, 12 Section 2. The members of the Miami Dade League of Cities are 13 strongly encouraged to individually pass resolutions within their jurisdiction to 14 support this effort. 15 16 Section 3 That a copy of this resolution be provided to Governor Jeb 17 Bush, and the Chairs and Vice- Chairs of the state legislative committees over 18 international trade, Enterprise Florida, Inc., and the Florida FTAA, Inc. 19: 20 Section 4. This resolution shall take effect immediately upon approval. 21- 22 PASSED AND ADOPTED this day of )2003. 23 24 ATTEST: APPROVED: 25 26 27 CITY CLERK MAYOR 28 29 Commission Vote: 30 READ AND APPROVED AS TO FORM: Mayor Feliu: 31 Vice Mayor Russell: 32 Commissioner'Wiscombe 33 CITY ATTORNEY Commissioner Bethel: 34 Commissioner McCrea: 35 Page 2 of 2 ,M �, MD CL C President HON JULIO ROBAINA CandPresdent,HWeah NVAIMI.OADE COUNTY LEAGUE OF C(TIES; INC. ExECUTAIEDRtECTOR '� r rr eta Ldb. i;ll2^1: Lakes, FL � RUSSMARCHNER FrstVice President HON. MARY SCOTT RUSSELL .ri w TELEP^C'•' E:31C,F:55j7 11-22 05.32i.S228 GENERAL COUNSEL a'�' 1 Vice Mayo, South Akron HOWARD B. LENARD Second Vice President HON: JAY R: CHERNOFF Councilman, Not Mian Beach Thad Vice Presitla t HON: DAISY BLACK C- Mkuman, El Portal Secretary HON. ISAAC SALVER Treauryer,BayHabalalanda Treasurer TO: Municipalities and Miami -Dade County HON. LESLIE BOWE CMIC khan, Pnecrest BOARD OF DIRECTORS From: Russ Marchner, Executive Director WON .JverilmM,PERIOw Mayor, Mayor, Averdura Miami -Dade County League of Cities, Inc. Mayor r Bell Vice May, Bat Harbor 305.557.1722 HON: PETER LYNCH C°u x*nan, Bay Harbor Islands HON. RICHARD EDERR Mayor, Biscayne Park A' RE: Resolution to :promote Miami as the Natural Location MON.CON4Gables ,III Mayor. Coal Gables for the Secretariat of the Free Trade Area of the Americas TBO (FTAA) Tbd, Dora) HON. AUDREY EDMONSON Mayor, Date: August 27, 2003 El Portal HON: JUANITA SMITH Comrissioner, Flonda City HON ALPARUAS - Councirm, Golden Beach Please consider a resolution on behalf the NON. ECUARialeah of above subject because of its ALEZ dormcknan, Hialeah HDN.YI importance in supporting the Free Trade Area of the Americas (FTAA). °SET DE LA CRUZ vlayo, Hialeah Gardens (Sample Resolution Enclosed) 40N STEVEN 0.LOSNER Pce Maya, Homestead 40N. ANNE McDOUGAI Aaycr, Indian Creek This League and the 'Florida League of Cities have ION. JAMES L. PETERS recently adopted similar - Resolutions. ommssioner, Key Bscayne ION. JACK MORROW .Medley ION. ELADIAZ Please send your adopted Resolution to office ION. JIMMY L. MORALES our located at 7480 Fairway Drive, commissioner, MiarrwDade county Suite 206, Miami Lakes, FL 33014. 'ON. BETSY KAPLAN card Member lami-Dade Cc" School Board Thank you! ON. RICHARD STEINBERG omm ssioner, Miami Beach ON. SHIRLEY GIBSON ' aya, Miami Gardens ON. WAYNE SLATON ' aWr, Mann Lakes ON JIM McCoy ON. ALAN DORNE ayor, North Bay Vilage 7N: AAICHAEL`BLYNN aaxd man, North Miens )N. RAYMOND rF.'MARIN runcbrran, North Miami Beach )N. MYRA TAYLOR ajar, OPa.Locka JN. EUGENE FLINN tyar,: Palmetto Bay )N. LILA KAUFFMAN :e Maya, Seery fides Beach )N. MELBA MANERO mmissioner; _%XWB )N_MANUEL'MARORO iyor' Sweetwater " IN. JULIO A. FOJON r ncilmah, Virginia Gardens W. VELIA YEDRA`CHRUSZCZ ya, West Miami _ :ST PRESIDENTS 'N. RAUL L. MARTINEZ Mr, Hialeah N. JEFFREY A. MISHCON for. North Mian Beach N. R. S. SHIVER Mayo. Florda City N DANIEL S. TANTLEFF for, gal Harbors . T. �_.3�','- ��-�r. �a .�.<, �. ..ar ,�:r'3�,. .�, }�_ � . ;_�"�'..%< °_ -..'�, n..�°�:F;.�*��.uJ ,. i' ^.".*�^�: .. r+� �:�,ti '"�',�Pn<.,z ,-; �"'r,•, s..a-s C.,:. .� _rx-,z 2003- A RESOLUTION OF SUPPORTING THE FLORIDA FTAA' S EFFORTS TOPROMOTE MIAMI AS THE NATURAL LOCATION FOR THE PERMANENT SECRETARIAT OF THE FREE TRADE AREA OF THE AMERICAS. WHEREAS, the recent history, of a comprehensive Western Hemispheric free trade zone began with the Enterprise Initiative for the Americas proposed by President George Bush in 1990, and at the first Summit of Americas, held in Miami during December of 1994, >a 2005 target date was approved for the establishment of the Free Trade Area of the Americas (FTAA); and WHEREAS, successful negotiation and ratification of such a free trade area would mean significant reduction of 'trade < barriers and lend impetus to the future dynamics in hemispheric commerce that would be of great benefit to Florida's economy; and WHEREAS, during the VII American Business Forum in Quito Ecuador, Florida FTAA delegates explained Miami's business, infrastructure and cultural advantages to Latin American and Caribbean government representatives; and WHEREAS, for the first time, a conceptual design of the building that would house the FTAA Permanent Secretariat has been designed and presented; and WHEREAS, Miami is the business capital of the Americas; and WHEREAS, ;South Florida is home to 2100 multicultural companies, 25 Foreign Trade Offices, and 40 bi- national chambers of commerce; and WHEREAS, over half of U.S. international trade with Latin America and the Caribbean flows through Miami; and WHEREAS, 40 shipping lines through Miami connect 360 ports in 130 countries around the world, and Miami International Airport is the top U.S. airport for international travelers to and from Latin America; and WHEREAS, the Florida FTAA is a non - profit' corporation, which supports hemispheric free trade and efforts to bring the permanent Secretariat of the FTAA to Miami, supported by Governor Jeb Bush, top state leaders in business and government, Enterprise Florida, Inc., individual companies and associations statewide; NOW, THEREFORE, BE IT RESOLVED BY ; Section 1. fully supports the location of the FTAA Permanent Secretariat in Florida due to many benefits it will bring in increased trade, business and economic development to all points in the state; Section 2. That members of are strongly encouraged to individually pass resolutions within their jurisdiction to support this effort. Section 3. That a copy of this resolution be provided to Governor Jeb Bush, and the Chairs and Vice- Chairs of the state legislative committees over international' trade, Enterprise Florida, Inc. and the Florida FTAA, Inc. PASS AND ADOPTED - by in conference on this 2003: Julio Robaina, President Miami -Dade County League of Cities, Inc. ATTEST: Russ Marchner, Executive Director Miami -Dade County League of Cities, Inc. /I 1 RESOLUTION NO. 2- 3 4 A RESOLUTION OF THE MAYOR AND CITY; COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 LEGAL SERVICES; AUTHORIZING THE FINANCE 7 DIRECTOR TO ISSUE PAYMENT OF A RETAINER FEE OF 8 $10,000 FROM THE CASH RESERVE FUND TO RETAIN 9 BRUCE S. ROGOW, P.A.; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami, 13 upon the recommendation of the ,city attorney, Earl G. Gallop, have agreed to 14 retain the legal services of Bruce S. Rogow, P.A. in the legal action styled TK 15 Promotions, Inc. v. City of South Miami, Case No. 03- 22263 -CIV- 16 GOLD /SIMONTON (S.D. Fla. 2003) ; and, 17 18 WHEREAS, the mayor and city commission authorize the finance director 19 to issue payment in the amount of $10,000 to Bruce S. Rogow, P.A. representing 20 the city's initial retainer fee for legal services. 21 22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 24 25 Section 1. The finance director is authorized to issue payment in the 26 amount of $10,000 to Bruce S. Rogow, P.A., representing the city's initial retainer 27 fee for legal services in the action styled TK Promotions, Inc. v. City of South 28 Miami, Case No. 03- 22263 -CIV- GOLD /SIMONTON (S.D. Fla. 2003) and 29 charging the amount to the cash reserve fund. 30 31 Section 2. This resolution shall take effect immediately upon approval. 32 33' PASSED AND ADOPTED this day of September, 2003. 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 41 COMMISSION VOTE: 42 READ AND APPROVED AS TO FORM: Mayor Feliu: Additions shown by underlining and deletions shown by evefst-r-ilg c. fig" ti OS, 0Ury CITY OF SOUTH MIAMI South Miami Inter - office Memorandum INCORPORATED •.� 1927 ®. A O -R S9 2001 TO: Honorable Mayor, Vice Mayor DATE: September 16, 2003 & City Commission FROM: Maria V. Davis / AGENDA ITEM No City Manager C RE: Authorizing the City Manager to execute an agreement with the lowest_ responsible bidder for the Stormwater Retrofit Improvements — Phase 1 - RESOLUTION: 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:STORMWATER' RETROFIT IMPROVEMENTS - PHASE 1 'CONSTRUCTION AT AN AMOUNT OF $145,685.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT PUBLIC WORKS DEPARTMENT CONSTRUCTION CONTRACTUAL SERVICES AND THE CITY'S LOCAL OPTION GAS': TAX (FY 2002/03 & 2003 /04) ACCOUNT NUMBERS 001- 0000 -132 -2060, 001 - 1790 -519 -3450 AND 112- 1730 -541 -4640; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The proposed Stormwater Retrofit Improvements - Phase _ 1 was advertised for construction bids July 28; 2003. Nine contractors submitted bids. The bids were publicly opened the last day of bid submittal (Wednesday, September 27,;2003) at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified bid bond and discussed the project with the lowest responsible bidder (T.J. Construction Corp) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (C3TS) has submitted the attached letter of recommendation for T.J. Construction Corp. This project will be funded from South Florida Water Management District grant, the City's Local Option Gas Tax funds and the Public Works Department's contractual services account. Fund balance for each account is shown the attached fund balance sheets. Paget of 2 Comm. Mtg. Agenda Sept. 16, 2003 RECOMMENDATION: It is recommended that the City Commission approve funding for the work. ATTACHMENTS: • Proposed Resolution • Bid Opening Report ❑ Bid Tabulation Report LJ Certified Advertised Notice of Bid Invitation ❑ Engineer of Record's letter of recommendation L, Project's Funding Source fund balance sheets I RESOLUTION NO 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, - RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE 5 AGREEMENT WITH T.J. PAVEMENT, CORP. FOR STORMWATER RETROFIT 6 IMPROVEMENTS PHASE 1 CONSTRUCTION AT AN AMOUNT OF $145,685.00 TO BE 7 CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT PUBLIC 8 WORKS DEPARTMENT CONSTRUCTION CONTRACTUAL SERVICES AND THE 9 CITY'S LOCAL OPTION" GAS TAX (FY 2002/03 & 2003/04) ACCOUNT NUMBERS 001- 10 0000 -132 -2060, ,001 - 1790- 519 -3450 AND 112- 1730 -541- 4640 PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the Mayor and City Commission wishes to provide drainage improvements 14 to the residents of the City of South Miami area, and 15 16 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a 17 construction contract with T.J. Pavement Corp. for the construction of Stormwater Retrofit 18 Improvements Phase 1 for an amount of $145,685.00. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1: The City received nine bids in response to the Notice of Bid Invitation advertised in 24 the Miami Daily Business Review on Monday, July 28,, 2003. 25 26 Section 2: The engineering consultants review the bids and recommended that the contract be 27 awarded to the lowest responsible bidder: T.J. Paving Corp. 28 29 Section 3: The project is funded through the State Legislative appropriation funds and 30 administered by the South Florida Water Management District, the City's Local Option Gas Tax 31 fund and the Public Works Department's construction account: 32 33 Section 4: That the Mayor and City Commission authorize the City Manager, to execute an 34 agreement with T.J. Paving, Corp. for the construction of Stormwater Retrofit Improvements - 35 Phase 1 for an amount of $145,685.00 to be charged to account numbers 001 - 0000- 132 -2060 and 36 001- 1790 - 591 -3450 and 112 - 1730 =541 -4640. 37 PASSED AND ADOPTED this day of 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 Wiscombe: 48 CITY ATTORNEY Commissioner Bethel: 49 Commissioner McCrea: `y > BID OPENING REPORT Bids were opened on: Wednesday August 27; 2003 at: 3:05 pm For: Stormwater Quality Retrofit Improvements Pre -Bid Estimate: $120,000.00 CONTRACTORS: BID AMOUNTS: 1. Serralta, Rebull, Serig $192,22,7.50 2. Williams Paving Co. $278,743.00 3. T.J. Pavement Corp. $131,285.00 4.. Petro Hydro, Inc. $303,950.00 5. Budget Construction $187,045.00 6. Acosta Tractors Inc. $187,380.50 7. Fortex Construction $230,610.00' 8. Leadex Corporation Serig $192,540.00 9. 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'Te I [ ... _' • n ...?" �e ^•..^i'�• yr -.ir ....� 15 7„' Sir. °o • U °OO °o v oLnao - �± W K F O o °o 0 o °e o o o F Z c. G o p t0 0 p f°c° o N voipvrp 0 0 tG 0 o o.. O E W m U °o. .000 SSE.. Pi.6 N ° o°ro. a = N U O O o N Oo a 0000 o o O o o N O O o °. O U. a w a •�. F W � 0 N 00 O 00000 0000000 O •oo Yl O O C Z 0 go ci goo 67,6,6 0 O o!� c U w oa 7 • °v -co n corn °o- r°v w�"N °.m _ °o °» CZ.. O C O 8 C o 0 Cd o. Nf9 °0 °o Oo N °. °o 6 H °o d:.rn.. 16 �+ Q c6 N od x i c oc 'O°oo p00000 o C O 0 h0 mW NYDo:. ui N N N p.'. - O Q 9 fR pf9� � a o n o o o o o e u ,F• OO �° .-55 O . 0 N,6 N,6d 0 Z D O O go N N 8'. o NN IqN SEES odor NOIO O OD RNHRR O N. N CQ u 9 0000 - p _N to NNd3M _ a x « so 1O o i ci o o o ° d w °m U K z °o, oo :0000 c cl °o 00 f i a. w f o0 000 0000 o. 0 8 BE 811, y.2 0 oo 0000. o V Q. o fib! NN 19 f.0 o° 0000 Op ionoo J J W c .JJ JJ.J o .a. c E o °�0 1 v chi y. aU N.� C7. a _0•.5.. m � O �"- ,'a..,av < ,n r�='3'P:.t ^ f•' _ �?'" {;: '+T .`r' =t"'T"S�'",4n ua¢'B 1' M1 r;'r'3M1 -:. 'Te I [ ... _' • n ...?" �e ^•..^i'�• yr -.ir ....� 15 7„' Sir. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily exce p t Saturday, Sunday $' i i t tzae �, ��d7 "r,T Nwta#yr Ali atE and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement,* being a Legal Advertisement of Notice in the matter of,,{ E, °d CITY OF SOUTH MIAMI v a rx+ Fnt7 4 5£ r j ,tytia i , BID NO. Cl 03 -0827 AUGUST 27; 2003 ti"GR�i�9, in the XXXX Court, ?(`The Cityltaf,SouthiaMi wifiireGeiae sea le ,d =proposals,Unti]3 00'P,M was published in said newspaper in the issues ofI ocal tlme,Wetlesday,ugust�27; 2003 at tlie',City �leik's office p South Miami Cltyr Ha1�8i30 Subset Drtii/e�S out h�ivilaml Flonc�a 33i�13 OrthefolrOwltig�r0J2cf °�z r�h�A grr� ;�k E �tYt 07/28/2003 , i �r „ , 7y� &r �t +� _ a irF ti STORMWATER QUAf.ITY RBFIOFIT IMP�tOVEMENTS' PHASE 1' Y j I'l�UII t k }J £'nS 1t rFg S1 tui'�ftl'nYSS 1x�. P, Affiant further says that the said Miami Daily Business � The' protect consists ofsthe tnstaliatibn of stormWater,c�uallty retrofit Review is a newspaper published at Miami in said Miami -Dade` improvemehts at six tocatione t`vltliin the Ci of South Miami The retrofits p involve fhel)rsfailati`oli °+ oft'etfilttatlon #rencfik'systems'� "snit drainage County, Florida and that the said newspaper has istructu rest swell as roadway sWale ahtl driveway rest oration` heretofore been continuously published in said Miami -Dade County, �z r ter 5 avl: fi „ NN , a „ Florida, each day (except Saturday, Sunday and Legal Holidays) i,;'Bids wil�`be`opened`ptlbiicry a� or`sftortl after 3 05 P M!'on WetlnFrstla } and has been entered as second class mail matter at the post 5 Y r Y. . office in Miami in said Miami -Dade County, Florida, for dug�st, �2�,f 2003' at the ou3h Miami City Bali, Cdy Commission hamberS 6130 $onset Drive South Miami FlgrJtla 331 #3 4 period of one year next preceding the first publication of the vx'cN attached copy of advertisement; and affiant further says that he or Bid documentsx may be; �tatned on or altar Mpnday'.luly 28 2003' she has neither paid nor promised any person, firm or corporation 'from IS odth Mjgj rpi City HallI{y fClerk'sofficer$130 5tinset Dn�ie; South , any discount, reba ;commis ' or refund for the purpose tUliarnt Flondar331435 A $35 00 bon refuntlable deposit per setiof plans of securing #his ve is nt for ublicationin the said andItok ficafions is re333�"7'uirec) fi g £ ;p, s 9� n� t•,a ' rr s"'Sr 48A , �U�' 4aS i f, e�S > x t4 { f x } �Y, ti 2 nt�+ newspaper.' a� IThe bid will be awartled to the lowest responsible bitlderJf however ° the Ctt Managende'erfts (t to beah'the best mteresi of tti` Gi "of. S `uth, Y13,Tl ro. Q >.4 f�iam t�iei#y of Sot#th Miamil'eserves the right to detect any and al� bids -- o,Waiue any info�matlon n an)+`bitls; and'rto increase ` e s or tlecreas the„ e 4v r e Bid r =or 4 F Sworn to and subscribed before me this � �,��` M''A, ohtatn irregLiahfies .�f an > #rntl ma .:be:xeect Y Y 1 28 day of JULY , A.D. 2003 to�A` on mandatory pre bitl conr'erence will be field at�5`outh Miami City iallC ty Commis's`ioh Chamb�ar 6130 Sunset °Drroe, South, Alliami F Florida ',ii, 33143, at 10 OD A M local time on Wetliiesday; August 13, 2003 A,I mter (SEAL) estedsoontractorsare invited to attend'" (' { } }�StY� AFFJ✓rl�J.fl#flTAR SERI, ® �' iCHEfiYtHMdWlNER The City,bf'South,Miami ' is an Equal Opportunity Employer and.; O.V. FERBEYRE u, 1SSICN R9tl R . encourages the participation of certified Black MBE contractors 71: (J CC931155 OF FV& MyCOWISMON EXPIRES Ronetta Taylor CMC ? �+ , APR. 24 2 C 1 , ! { August 28, 2003 City of South Miami Public Works Department 4795 SW 75th Avenue South Miami, FL 33155 E n g i n e e r s Attention: W. Ajibola Balogun Architects Public Works Director PIanmers Reference: City of South Miami Stormwater Retrofit Improvements - 'Phase UTS Project No. 1929 -016 Dear Mr. Balogun; We have checked the bids submitted for the above - mentioned project. The bid from the apparent low- bidder, T.J. Pavement, Corp., was reviewed and despite one corrected mathematical discrepancy, they remain the low- bidder. ' Based on our findings, it is our opinion that this General Contractor ` is qualified and capable of performing the work. Therefore, we recommend that the project be awarded to the lowest responsible EB0005022 responsive bidder, T.J. Pavement, Corp., in the ;amount of $145,685. The award is AAC002142 subject to acceptance by the City Council, execution of the Contract Agreement, submittal by the General Contractor of the required Performance and Payment Bonds, and Certificate of Insurance. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. Principal Associate 111929 161Documents\Recommendatior. of Award.doc ' 901 Ponce de Leon Blvd.; Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 I Web Site: www.c3ts.com Equal Opportunity Employer ` •- . �.x 0000000000000000000 oo0000 00000 aoLnLOOOOLn O M M CM O O O ,O 6 6 6 O Cd N N 06 06 4 6 OI�NCdrr rLO�NCd CdCOf�tid'OMd' O �` 'Cd 00 M M M In 00 O 00 M N M � r I� Gfl 00 OOLOhMO 0 '000lqt LO 00 C6 L6rl:1 00000 0000 LOLn� �tNOOM N0000LON000 U U IV 00000 O'MMMI` I-1-0U7't d' Mr W a a 000000o00o0000oo00 0 H 00000 00000 OOUOLOOC7UO M Z :) I I- N OOMO LO CO LOO O'OOLnd) 0torrLO OOMO� O'OOONLO(000 0 I ti O Ln00I�LQC O1�I,DOr C C NOMrI� ` 0(MI�d It 0)0MN00 tiN000CflNO00 a O N N r r C0 N 0 N M 0 N. 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Z Q cn Q W H w Z Q' ) M o25 O O O I � Cl) O t0 o '.: ,d- o c r C — O E .� _ m -a a) :i% C L!— a� L 0 Q O d c M� a 0 04 'a w c r E E E ti C2 o o co w m o N' a m o N l c m o aM is y c c- o a =' t OH ca V m �e�.,, c;�t °' ., - ,:mss; - ..�"- ;7�'�f,. �?4.�.,:, ., -�r r ,r t -s ,'r„� --a�, F^S; , ;a FI• ,1 M sours CITY OF SOUTH MIAMI South Miami Al �, All Inter - office Memorandum - INCORPORATED 1927 - - �C O R [ 0 2001 TO: Honorable Mayor, Vice Mayor DATE September 16, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. City Manager RE: Authorizing the City Manager to execute a maintenance agreement with TJ Pavement Corp. for Sidewalk Repairs. RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS: REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A - CONTRACT WITH T J PAVEMENT CORP. FOR AN AMOUNT OF $9,000 AND WITH DISBURSEMENT TO COME FROM PUBLIC WUFKS D ;PARIMEN'FN MAINTENANCE & REPAIR - STREET & PARKWAY ACCOUNT NUMBER 001- 1730 -541 -4640; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS As part of Public Works Department's Sidewalk Repair Program, we have identified several flags of sidewalk that need to be repaired immediately, to avoid potential hazard. As a result, Public Works Department is recommending piggybacking on the City's current contract with T J Pavement for the Downtown Drainage & Water 'Main Improvements project. The contract has a unit price line item for concrete sidewalk restoration. T J Pavement has agreed to :uphold the price in their Downtown Drainage & Water Main Improvements contract for the citywide sidewalk repair program. The disbursement will be from Public Works Department's Maintenance & Repair- Streets & Parkways Account No. 001- 1730. -541 -4640 with current account balance of $9,915.00. RECOMMENDATION It is recommended that the City Commission approve the resolution Attachments: ❑ Resolution Copy of current contract with T J Pavement Corp. Public Works Department's account management sheet ❑ List of sidewalk repair, locations 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT 6 CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY 7 MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP. 8 FOR AN AMOUNT OF $9,000 AND WITH DISBURSEMENT TO COME FROM 9 PUBLIC WORKS DEPARTMENT'S MAINTENANCE & REPAIR - STREET & 10 PARKWAY ACCOUNT NUMBER 001- 1730 -541 -4640; PROVIDING: AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the Mayor and City Commission wishes to provide much needed sidewalk repairs within the 14 City, and 15 16 WHEREAS, T J Pavement Corp. is a contacted vendor for the City's Downtown Drainage & Water Main 17 Improvements, has the expertise and the equipment to provide sidewalk repairs, and; 18 19 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract 20 with T J Pavement Corp. for an amount of $9,000.00. 21 22 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the CITY 23 OF SOUTH MIAMI, FLORIDA that: 24 25- Section 1. The City Manager is authorized to enter into a contract with T J Pavement Corp. to be based 26 upon their current unit price contract for the Downtown Drainage & Water Main Improvements contract 27 with the city for an amount of $9, 000.00 to be charged to account number 001- 1730 -541- 4640. 28 29 Section 2. This resolution shall become effective immediately after adoption. 30 31 PASSED AND ADOPTED this day of 92003. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 Commission Vote: 39 READ AND APPROVED AS TO FORM: Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Bethel: 42 CITY ATTORNEY Commissioner Wiscombe: 43 Commissioner McCrea ,. 5, 09/15/2003 04 :45 3056687208 CITY OF SOUTH MIAM:( PAGE 02 I� ' �' LTS1' Off' S bEWq '� xO:BE � AIRED •a r f aj ' 7105 S. W; 63rd Avenue 6914 S. W. 63rd Avenue , 6275 S. W. 57th Street 6290 S. W. 69th Street 7111 S. W. 63rd Avenue 4330 S. W. 61st Avenue i? y.� 1 ij I, — I� .i II a I: ISM, rY j� I i i F i ` I n J" SECTION 00300 _C PROPOSAL DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS' S.W. 73'd Street, S.W. 58th Avenue, and S.W. 58th Court CITY OF SOUTH MIAMI, FLORIDA City Clerk's Office 4 City Hall I 6130 Sunset Drive South Miami, Florida 33143 Iv Gentlemen: The undersigned, as Bidder, 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 than herein I mentioned has any interest in the Proposal of the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties - making a bid or proposal and that the Proposal is in all respects fair and made in good faith without Icollusion or fraud. The Bidder further declares that he has examined the site of the work and that from personal I knowledge and experience, or that he has made sufficient observations of the conditions of the proposed Project Site to satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore, that he has examined the Drawings and Specifications for the work and from his own experience or from professional advice that the Drawings, including bid I item quantities, and Specifications are sufficient for the work to be done and he has examined the other Contractual Documents relating thereto, including the Notice of Bid Invitation, Instructions to Bidders, Proposal, Contract, Affirmative Action Requirements, Davis Bacon Wage Determination, General Conditions, EDA Supplemental General Conditions, Supplementary Conditions, and Special Conditions, Technical Specifications, Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Proposal pertains. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the City of South Miami (Owner), in the form of contract specified, to furnish all necessary materials, all equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Proposal and the Contract, and called for by the Drawings and Specifications and in the manner specified. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for .Liquidated damages, g , , as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the work not being completed within the time limit stated in the Contract Form: 00300 -1 1929- 15.05 Payment Bonds each in the amount of one- hundred percent of the Contract price, within ten (10) consecutive calendar days after written notice being given by the Owner of the award of the Contract, and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten (10) consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying his bid and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner; otherwise, the check accompanying the Proposal shall be returned to the undersigned after the Contract is signed and the Performance and Payment Bonds are filed. The undersigned agrees to accept in full compensation therefore the total of the lump sum a j prices for the items named in the following schedule, based on the plan quantities contained within this bid forth. Furthermore, the undersigned has checked these quantities and agrees that bid quantities are correct and adequate to complete the job in its entirety, as described in the contract i document. Bidders Certificate of Competency No. E9 "i-a00 Bidders Occupational License No. �33tc559 Acknowledgment is hereby made of the following Addenda received since issuance of the Project Manual: Addendum No. Dated: Al, Oa Addendum No. Dated: Addendum No. Dated: Addendum No. Dated Addendum No. Dated: Addendum No. Dated: _ - Attached hereto is a cashier's check on the Bank of I- or Bid Bond for the sum of Dollars ($ ), made payable to the City of South Miami, Florida, 't _-S 2P,,% K- ►g �n L.S. (Name of Bi r) (Affix Seal) L.S. Signature i2ES� E n L.S. (Title of Officer)T Address: 11 4b l S °W • 4[C) S'' G' lei i E 335 City: mi Pt m + State: 02 ;&A JE ' 00300 -2 1929 -15.05 I 7, The full. names and residences of persons and firms interested in the foregoing bid, as principals, are as follows: 10`74-1 5.1,E . Arne 33165 mA2rA N. N \\i .-Z- : 10941 S,LJ. 30 sT. ; M FL- .331415 7 Name of the executive who-will give personal attention to the work: JosE A� • R1U A2E� 4 00300 -3 1.929 -15.05 LIST OF MAJOR SUB- CONTRACTORS Bidders are required to list with the Proposal, on this sheet'all major sub- contractors included forthe prosecution of the work. Failure to complete the ,list may be cause for declaring the Proposal ,r irregular. The successful bidder shall employ the sub = contractors listed hereunder for the class of work indicated, which list shall not be modified in any way without the written consent of the City of South Miami. -� The Bidder expressly agrees that: 1. If awarded a contract as a result of this proposal, the major sub- contractors used in the prosecution of the work will be those listed below. -� -' 2. The Bidder represents that the sub- contractors listed below are financially responsible and are qualified to do the work required. -. CATEGORY OR CLASS NAME OF SUB - CONTRACTOR ADDRESS OF WORK ` s_ u 00300 1929 m, c -4 -15.05 r � 1 — DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS' SW 73rd Street, SW 58th Avenue and 58th Court CITY OF SOUTH MIAMI, BID NO C102 -1223 C3TS PROJECT NO. 1929-16.05 BID FORM Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead and profit. Payment for this project will be based upon completion of the entire protect as a lump sum contract, in accordance with the Project Manual Refer to Section 01025, Measurement and Payment, for Basis of Payment of the following pay items. _. UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE , AMOUNT Section 1 - Drainage Improvements Note: The work included in this section will be federally assisted through the U.S. Department of Commerce, - Economic Develo ment Administration 1-7 Demolition, removal, and backfilling of 4M - 1.01 existing drainage system 1 L.S. °4 $1006.0' -$6000. 102 F & I exfiltration trench (4' wide, 15' deep) 347 L.F. 1.03 F & I drop inlet (w/ frame & grate) 1 EA. - 1:04 F & I drop inlet (w / temp. plywood cover) 5 EA. $ lot) 00 -1 600. cc 1.05 F & 1:1 type P catch basin (w/ frame & grate) and P.R.B's. 2 EA. 1 70(}. °D_.b° 1.06 F & I type P catch basin or manhole (w/ temp. plywood cover) and P.R.B's. 7 EA. o0 1 80 ®. 1.07 F &115 C.A.P. 345 L.F. od $ ((U,,35o. 1.08 F & 112" D.I.P. rain water leader (w/ plug) 10 L.F. . $ °ID.�� $ qW.°° 1.09 Pavement reconstruction and regrading .w in areas S -1 & S -3 1 L.S. $1 91SX., $ va 5,pg. pO 1:10 Pavement restoration 615 S.Y. Curb & $ a "/. D0 `" $ 110) W5.00 1$. D° gutter restoration 100 L.F. $ . 1.12 Concrete sidewalk restoration 600 S.F. $ 3; $ 1 92 . 1.13 Dust Control 1 L.S, $ -I, ow. °D $ j , 0 00. e� 1.14 Maintenance of traffic, including traffic control, signs, barricades, flaggers and ` off duty police officers, as required. 1 L.S. $ 5'0M.0D_ $ 5 boo " 1.15 Compliance with the Florida Trench Safety Act 1 L.S. 1 .C) $1-- 0 1 . ?Av Er'-�En -Name of Bidder Signat re Y er 00300-5 1929 -15.05 i x a DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS SW 73rd Street; SW 58th Avenue and 58th Court r CITY OF SOUTH MIAMI, BID NO. Cl 02 -1223 C3TS PROJECT NO. 192945.05 UNIT �a "ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT FRI1.16 Advanced exploration of existing utilities 1 L.S. -I Ob no -t" i 1.17 Mobilization 1 L.S. 1 000 $ (.000.00 =a All 1.18 Performance & Payment Bond 1 L.S. 500.°0 $ X00. °O " 1.19 EDA project sign 1 L.S. $ 500 oo $ SDtr. °D 1.20 Contingency 1 L.S. $7,600 $7,500 i Section 1 -Sub -Total 15 Section 2 -Water Main Improvements 2.01 F & I water main (12) DIP Class 52,, with fittings and specials, including restrained gry joints, flushing valve assemblies and Y pavement restoration 1,145 L.F. I 75• 2.02 Bacteriological sampling points 6 EA. $ 100 . oO 3 2.03 F & I fire hydrant assembly including 6" pipe to main & 6" gate valve ' 1 EA. 01 W ID •D0 $ lv00 2.04 F & I gate valve complete (12 ") 6 EA. x $00.00 � $ 0.900. oq 2.05 F & I gate valve complete (6 ") 1 EA. $ 1315.0c, $ S {5. °o u .2 .06 F 13< 1 new water meter.: (single), including installation of Corp stop, service pipe, box, pavement, curb and sidewalk restoration, removal of old meter box and connection to customer's pipe (size to existing service)' 26 EA. $ tvc p. °d $ Ito .1 "O "o 2.07 F & I new meter bank (5 services), including installation of pipes, boxes, pavement, curb and sidewalk restoration, removal of old meter boxes and G , connection to customer's pipe (size to existing service) 1 EA. d O0 d00 2.08 Remove 12" plug and connect to existing 12" water main 2 EA. $ `f". 73 • `'4-:bLUeme -n4 eo ry. Name of MUFF igna ur r s r-T _ 00300-6 (Revised Addendum No. 1) 1929- 15.05 1 l DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS SW 73rd Street, SW 58th Avenue and'58th Court CITY OF SOUTH MIAMI, BID NOXI 02 -1223 I C3TS PROJECT NO. 1929-16.05 w. J UNIT f ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT _ l ; 2.09 Connect to existing 4" water main 2 EA. $ 450.dD $ q 00 , °O rt a; 2.10 F & 18" reinforced concrete slab over oo 1,0 water main 25 L.F. $ . $ 2.11 Dust Control 1 L.S. DO D $ I .000 • D° 2.12 Maintenance of traffic, including traffic control, signs, barricades, flaggers and bo S,00D S�000 off duty police officers, as required. 1 L.S. $ • $ _! 2.13 Compliance with the Florida Trench SOD. 5®0. Safety Act 1 L.S. 2.14 South Miami project sign 4 L.S. $ 500.E $ 5G0. °b 2.15 Advanced exploration of existing utilities 1 L.S. DOD. $ 0?,OQD- ' 2.16 Mobilization 1 L.S. ))MD. 1 2.17 Performance & Payment Bond 1 L.S. o? SDo• 00 $ 2.18 Contingency 1 1..S. $12,000 $12,000 Section 2 - Sub -Total l `7 9. '50 Name of Bidder Signatu de JOSE . A�\I PcZy GRAND TOTAL IN FIGURES (LUMP SUM) $o�t'coZ� q$ ja 50 GRAND TOTAL (WRITTEN) i WD � 11J.Ad rd SSA -'6D ` ous- And . nine 1)Ljr dWd J�;aMU --six. -patLPrQ.s And Z bsms Bidder: � -5•TAVEm6n 000nn24TiD1,1 J-1 By: jos E R1v r� E� - ?f es, OI E n .,.. Title: 05 ao �l Telephone: �3 �a� Fax: C� D5 aao -ID► 9 00300-7 -,- (Revised Addendum No. 1) 4929 -15.05 ... mss, DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS S.W. 73`a Street, S.W. 580' Avenue, and S.W. 58d' Court CITY OF SOUTH MIAMI, BID No, Cl 02 -1223 C3TS PROJECT No. 1929-15.05 r NOTICE TO ALL BIDDERS -J 9 . The City of South Miami reserves the right to waive any informality or minor defect in any bid, to reject any and all bids and to delete any part of any of the above items. 2. Changes in the Contract Price and Contract Time require prior authorization in writing -' from the Owner and the Engineer, in the form of a Change Order or Work Change Directive. The Contractor is responsible for verification of all bid quantities and to report to the Engineer any discrepancies found prior to ordering materials and or equipment for i construction. Refer to General Conditions. I r! `3. Bid prices for the various work items are intended to establish a total rice for completing � p P p 9 i the project in its entirety. The Contractor shall include in the Bid, any item for which a separate pay item has not been established in the Bid Form (under any related pay item), to reflect the total price for completing the project in its entirety, as specified in the Project Manual and Construction Drawings. 4. Bid prices for various work items may be extended by the City of South Miami for additional work at other similar locations within the city. The Contractor hereby agrees to honor the unit prices established within this bid :proposal for other similar work as requested by the city. E � � • 5 ��1E�1✓n t Corlp Name of Bidder Signature o id er Job • AN\j paez, ES . bc)6) Sao- Ia -PD (305) zoo -10 ►q Telephone No. Fax No. Ji 00300 -8 1929 -13.01 i k SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this '"L day of , 20 1D3, A.D., by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and 1 5, Pcivemev)+ Car te��'ion , party of the second part (hereinafter I!I.. "Contractor-). sometimes called the s WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: la 1.01 SCOPE OF THE WORK i� A. The Contractor shall furnish all labor, materials equipment, � q pment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings �! and described in the Project Manual entitled: Lr.�u DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS S.W. 73'd Street, S.W. 58th Avenue, and S.W. 581h Court CITY OF SOUTH; MIAMI, FLORIDA I as prepared by Corzo Castella Carballo Thompson Salman, P.A. acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything ° required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful erformance of the Contract in P , lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: IB. Based upon the price shown in the Proposal heretofore submitted to the Owner by ` the Contractor, a copy of said Proposal being a part of these Contract D currents the aggregate amount of this Contract is the lump surn of ?wa Hwdre4 'Sf y --+wo -�iovsca�d 01,7e hundred 9, 144i-6 +X a -d sO/u�Dollars ($ 242,980.50 )e { 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 sixty (60) calendar days after the commencement date established in the Notice to Proceed. l 00500 -1 1929 -15.05 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work i 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' i contained in the specifications. All Drawings, Specifications and Contract items } contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations ^I, shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. �i l B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer 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 Owner, his Engineer, or by any agent or representative as in compliance with the terms of this Contract and /or of the Project m Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and /or the Project Manual covering said work; and the Owner may require the Contractor and /or his insurer to repair, replace, i 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 l 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 Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and /or repair from the Contractor and /or his insurer, who shall in any event be jointly and severally liable to the Owner c for all damage, loss and expense caused to the Owner 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 d 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 Owner will retain the amount of One Thousand Dollars ($1,000.00) per calendar day as fixed, agreed, and liquidated damages for 9 q 9_ each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner 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 damages' sustained by the Owner in the event of such default by the Contractor. 00500 -2 1929 -15.05 i g 4 s B. For the purposes of this Article, the day of final acceptance of the work shall be 4 considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. k i 1.06 PARTIAL AND FINAL PAYMENTS fx A. in accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor . �. as follows: Within 60 days after receipt of the Contractor's request for partial payment by s 1. Y p the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and h until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found s to be acceptable by the Owner, final payment on account of this Agreement i shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND S A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this 'Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do ILL so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement' until such new or .,., additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. s i 1.08 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. 1,09 MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to 00500 -3 1929 -15.05 . r informal mediation as a condition precedent to the institution of legal or equitable proceedings by either parry. 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 I upon. Agreements reached in mediation 'shall be enforceable as settlement .,.., 'agreements in the circuit court for the 11t "Judicial Circuit for the State of Florida. . I 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are - , z authorized by their respective agency to enter into a binding agreement. ,I l nry 4.11 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors. � 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Downtown Drainage and Water :1 Main Improvements, S.W. 73rd Street, S.W. 58" Avenue and S.W. 58th Court, City of South Miami; City's BID No.: C102- 1223" and all attachments in the Manual and the Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the 14 documents. Contractor is reminded that all work under this contract must comply with Federal. Regulations as listed in Section 00750 as well as EDA Standard Terms ' and Conditions to the City's grant award and the Special Conditions to the grant «: award (Appendix B). I 1.13 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 (page 00300 -4 of the Proposal) 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. I , 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 L` 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. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. CONTRACTOR'S RECORDS , RETENTION OF C ONTRAC 1.14 EXAMINATION ON AND. RE It 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 I , transactions related to this contract for the purpose of making audit,_ examination, excerpts, and transcriptions. } l 00500 -4 1929 -15.05 i - de in first B. The Contractor agrees to inclu -tier subcontracts under this contract a ` i. 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. H F 1.15. OWNERSHIP O I DOCUMENTS 1,71 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. 1.16 SEVERABILITY _ s Should any paragraph or any part of any paragraph of this contract be rendered void, i invalid or unenforceable by any court of law, for any reason, the determination shall m not render void, invalid or unenforceable any other section or part of any section of this contract. I { 1.17 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY 1 A. Contractor warrants that neither it, nor any principal, employee, agent, representative ILI+ or family member has promised to pay, and Contractor has not, and will not, pay a i fee the amount of which is contingent upon the City awarding this contract to Contractor. i B. Contractor warrants that neither it, nor any principal, employee, agent, representative i or family member has procured, or attempted to procure, this `contract in violation of L any of the provisions of the Miami -Dade County or the City of South Miami conflict of 41 interest and code of ethics ordinances. C. A violation of this paragraph will result in the termination of the contract and forfeiture .,.f° of funds paid, or to be paid, to the Contractor. 1.18 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. 1.19 INDEPENDENT CONTRACTOR : 111 The Contractor is furnishing its services as an independent Contractor and nothing in 1 this contract shall create any association, partnership or joint venture between the 3Wa. t parties, or any employer- employee relationships. 00500 1929 -15.05 -5 i 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, Florida Party of the First Part (Seal)- U_, Ci Man er Attest:, i ,. City Clerk Contractor Party of the eco d P rt WITNESS: (If corporation, attach Seal and attest by Secretary) By 5 >5E Pt. Ali pee r, �er -s', 6nT Title Ca+ 6-"A-t9t9f;e Resolution No. APPROVED AS TO FORM AND APPROVED AS TO FINANCE: LEGALITY: By: )t" IL � i C t Atto ney Directhr'of Finance City of South Miami ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the U, I Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. k i 00500 -6 1929 -15.05 Jill i �. CERTIFICATE O LIABILITY IN FONTAINEBLEAU INSURANCE CONSULTANTS 305 -227 -0082 THIS CE 1 8250 W FLAGLER ST #120 4 HOLDEF PRODUCER STREET ADDRE$S ALTER MIAMI. FL 33144 TJ PAVEMENT COPP INSURFIR A_`' 10741 SW 30 ST II NSURER e: WRANCE TIFICIbTE IS ISSUED �$A MIATTER OF D CONFERS NO RIGHTS UPON THE THIS CERTIFICATE DOES NOT AlY1ENt IE i ovERAQE AFpORDED BY THE )OL INSURERS AFFORDIII C01/ERAGE MIAMI, FL 33185 - I-M—IS-U-R—B�R O: --- �—��- COVERAGE,S INSURER B: THE POLICIES OF INSURANCE u37ED BELOW HAVE fSEEN IS &LIED TO THE IN3UREo NAMER Al30VE FOR THE POLICY PERIOD,�NptCgD. NOTWt ANY i1EQU1REAIENT, TER7yE OR CONDITION OF ANY CONTRACT `pR OTHER DOCUMENT WITH RESPECT TO WHICM THIS CERTIFICATE MAY III NG MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO JILL THE TERMS, FaCHIS CERTIFICATE ANA CONDITIONS STANDING POLICIES. AGGRI =GATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. Halt e _ _ OF BUCIt TYPE OF IN err POLICY NUMBER ^I PI�6G' nom— 'GENERALIfADILR1r ._° I i y� A iC W"MERCIALC,ENERALLABILITY 180167051285881 i 12 -21 -02 I 12 -21 -03 EACH OCCURRENCE ! 9.000000 i T � FIRE DAII AC3E W1y tote Rraj S -r _ CLAUAS MADE EXI OCCUR I t 00 wo _. MEO EXP ploy vne Pe►eaol S — -- I �— 5.000 I GEN LIIGGRE;fiATE UMITAPPUES PER.I I I LGE�!ERALAGGISEGaTE i 1,000:000 I POLICY I PRd LOO PRODUCT$ - COMPIOP AaG I j_ �,T-- T__ _p4fGMOBp ENTY �I ANYAUTO I COMBINED SINGLE LIMIT I 1 ALL OVkW ED AUTOS I I ( IEa mdenq I : F- _ SCNEOULED AUTOS ( ) I I III I a IM URY S HIRED AUTOS I P I^ oLngRY NON OWNED AUTOS G� rPROPERTY DAMAfiE 1 w 6ARAOELILm( I (Pete�doatq t ANYAIITd I I �A'UMONLY -EAAC MEtIT I 17, _ ( OTHER THAN EAACC ' a P�1(CE$S LWBWTr ( AUTO ONLY; AGO LOCCUR (� S .. CL4iN8 MADE I EAON OCCURRENCCEE c I_ I I I �AI3GREGATE � 1 y 1 DEDUCTIBLE RETENTtM i WORKERS COMrztIBAIMN AND S ji, Is, 6 ' ENELOn�xc�uAewtY 11151 -05 I _ L 1-9-03 i I i EL. EACH ACCIMNT 1000.000 E.L DISEASE- EAEMPLO ( 1,000 OTHER E I, DISEASE - POIIGY UMir Is 1,0ll I � I L DFBCArfiOrf III Ot pA71OfwLOCAr"& -4 IE51EJ[ CIII BIONSAoDEDBYENDdA9EA16NT�PECUILPROKIONS PROJECT.WNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS CERTIFICATE HOLDER IS ALSO ADD'L INSURED :ERTIFill HOLDER I Y au►L INSUaep IwwRep LSrreR: CANCELLATION ' sHOUIa ANY eF 7N E Agave aescR, eau Poucma PC CANCErxPD eE "m rg4RwTso,,e CITY OF SOUTH MIAMI acre tI+aREOF, UINO INeuRER WILL ENDEAVOR TO MAIL 30 DAYS VIII ; AND CORZO CASTELLA CM13ALLO woncE TO T�ICATa xoLDBR w1Meo ro THE LEFT BUT FAll To M ffi $BALI. -; THOIWIPSQN SALMA,N, PA IMrosE x ATIDN OR LIABILITY nP ANY IOND uPDN ore h+suReR• ITS AcaFxrs OR R+°IMON• 44S -0869 REP � e ALIT REPR!°BENTATIYE I ' I , ' :pRO 25-S (7197? 0 ACORD COf2POm nol 1988 a' GM201S02 CITY OF SOUTH MIAMI 9/09/03 Account Balance /Description Inquiry 08:14:44 Position to . . 2003 - _ - _ Starting character(s) Type options, press Enter.. 1= Select 8= Imaging 9 =Graph Opt Account Number Budget Actual Balance �} _ 001- 1730 - 541.46 -40 13,989.00 4,073.78 9,915.22 001- 1730 - 541.46 -50 87,000.00 78,082.88 8,917.12 001- 1730 - 541.52 -10 1,350`.00' 981.46 368_.54 001- 1730 - 541.52 -20 750.00' 333.57 416.43 _ _ 001 - 1730 - 541.64 -20 _ 001- 1730 - 541.64 -30 400.00 199.98 200.02 001- 1750 - 519.46 -25 001- 1750 - 519.`52 -10 _ 001- 1750 - 519.52 -45 _ 001- 1750 - 534.46 -30 _ 001- 1760 - 519.12 -10 164,171.00 154,910.65 9,260.35 + F3 =Exit F7 =Account description F17 =Subset F18 =Top F19= Bottom F21 =Totalling F22= Account balance report 4 a 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, ;RELATING TO 6 ` THE CITY CLERK; ACCEPTING THE RESIGNATION OF 7 RONETTA TAYLOR PROVIDING AN EFFECTIVE DATE: 8 9 10 WHEREAS, Ronetta Taylor was appointed by the Mayor and City 11 Commission of the City of South Miami to serve as its city clerk and Ms. Taylor 12 has fully and faithfully served the city during that time; and 13 14 WHEREAS, Ms. Taylor gave notice on September 11, 2003, that she 15 desires to resign as city clerk, has given the city 14 -days notice; and 16 17 WHEREAS, the Mayor and City Commission accept her resignation. 18 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 21 22 Section 1. The resignation of Ms. Ronetta Taylor as city clerk of the 23 City of South Miami is accepted. The resignation shall be effective 14 days from 24 September 11, 2003. 25 26 Section 2. This resolution shall take effect immediately upon approval 27 28 PASSED AND ADOPTED this 16th day of September, 2003. 29 30 ATTEST: APPROVED: 31 32 33 CITY CLERK MAYOR 34 35 36 COMMISSION VOTE: 37 READ AND APPROVED AS TO FORM: Mayor Feliu: 38 Vice Mayor Russell: 39 Commissioner Wiscombe: 40 CITY ATTORNEY Commissioner Bethel: 41 Commissioner McCrea: Additions shown by underlining and deletions shown by eve-striking. 1927 O S�O G � /dLff.CZ1YLG RONETTA TAYLOR, CMC 6130 Sunset Drive City Clerk' South Miami, Florida 33143 -5093 Tel: (305) 663 -6340 • . Fax: (305) 663 -6348 E- Mail: rtaylorgcityofsouthmiami.net September 11, 2003 The Honorable Horace G. Feliu Mayor 6130 Sunset Drive South Miami, FL 33143 Dear Mayor Feliu: With great reluctance I am submitting my resignation as City Clerk of the City of South Miami, effective Wednesday, September 24, 20`03 at 5:00 p.m. M a.7soc al.1V11 willl L-11E✓ City of 50ULn l�1lam1' Iles been a pleasant one, and I will miss the friendship here. However,; as I` mentioned in our brief discussion last week, the offer I have accepted !cannot be ignored, considering the financial and travel time benefits to my family, and the opportunity to work for a new city, in which I reside My eight year tenure as City Clerk for the City of South Miami has been a wonderful and rewarding experience, which -I will always treasure, and call upon to assist me with the new challenges I will face as the first City 'Clerk of the third largest City in Miami -Dade County. I appreciate your understanding of my decision to leave the City of South Miami and will be forever grateful for the support you've provided over the years. Sincerely, ICJ , Ronetta Taylor, MC City Clerk C:' Members of the City Commission Personnel File South Miami All-America City 1 2001 zy 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CITY 5 CLERK; ESTABLISHING CRITERIA AND GUIDELINES FOR 6 SELECTION PROCESS FOR CITY CLERK; PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, the South Miami City Commission wishes to establish a process for the 10 ' selection and hiring of a City Clerk; and 11 12 WHEREAS, the City Clerk serves at the pleasure of the City Commission and shall be 13 responsible for giving notice, attending all Commission meetings, keeping the minutes and 14 records of all of the proceedings of the Commission, preserving all books, papers and writing of 15 all kinds committed to his or her care during his or her tenure; keep the corporate seal of the City 16 and affix the seal when lawfully directed; administer oaths; have charge of the conduct of 17 municipal elections; act as, Supervisor of Registration; and perform such other duties as shall be 18 required by this Charter or by General Laws of the State of Florida unless restricted by the Home 19 Rule Amendment provisions of Miami -Dade Dade County. 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 23 24 Section 1. The following criteria is to be followed in selecting a City Clerk: 1) City 25 Clerk Selection Committee, which shall consist of Former City Clerk Ronetta Taylor, the 26 Village Clerk of the Village of Pinecrest and the City Clerk of the City of Miami Advertisement 27 shall be placed in the Miami Herald, and Florida Association of City Clerk's Association; 2) 28 Qualifications shall include: BA in Public Administration or related field; CMC (Certified 29 Municipal Clerk) Status or nearing completion of CMC Academy; 3) HR will be responsible for 30 the collection and forwarding of applications to the City Clerk Selection Committee 4) The 31 Committee shall select up to three candidates for interviews before the City Commission. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this day of September, 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 COMMISSION VOTE: 43 READ AND APPROVED AS TO FORM: Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Wiscombe: 46 CITY ATTORNEY Commissioner Bethel: 47 Commissioner McCrea: Additions shown by underlining and deletions shown by ever striking. T 26 I RESOLUTION NO. 2 3 AA RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 THE COMMISSIOSN FOR WOMEN; ESTABLISHING ` AN 5 APPLICATION PROCESS FOR THE NOMINATION OF 6 WOMEN TO THE "WOMEN OF VISION WALL" LOCATED IN 7 CITY HALL; PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the South Miami Commission For Women established the 10 Women of Vision Wall in 2002; and 11 12 WHEREAS, the nominees selected for this place of honor in City Hall were 13 women who had made significant contributions to the City of South Miami and 14 the quality of life of the residents over the years; and 15 16 WHEREAS, the Commission For Women want to make'this honorarium an 17 annual event during the March; and 18 19 WHEREAS, in keeping with the tradition of Women's History Month, the 20 Mayor and City Commission wish to establish a nomination process by which 21 candidates are selected in substantially the same form attached. 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. A formal process for accepting nominations for the Women 27 of Vision Wall is hereby established in substantially the same form attached. 28 29 Section 2. This resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED this day of September, 2003. 32 33 ATTEST: 34 35 36 CITY CLERK 37 38 39 READ AND APPROVED AS TO FORM: 40 41 42 CITY ATTORNEY 43 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Russell Commissioner Wiscombe: Commissioner Bethel: Commissioner McCrea: u �r South Miami bAd I Me 1223 2001 TO Honorable Mayor, Vice Mayor DATE: September 12, 2003, and City Commission j (0 FROM. Maria V. Davin ITEM NO City Manager Approval of Emergency expenditures due to the possible Hurricane Isabel RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF EXPENDITURES INCURRED PRIOR TO ' AND DURING ' THE WEATHER EMERGENCY RESULTING FROM HURRICANE ISABEL, AND AUTHORIZING THE CITY MANAGER TO PREPARE FOR A POSSIBLE IMMINENT STORM, PROVIDING AN EFFECT DATE. BACKGROUND It is the responsibility of the City Manager to maintain the safety of the entire City prior, during and after any inclement weather disturbance, storms, and/or hurricanes. As of this date, Hurricane Isabel has developed and is located at 21.6 N longitude and 57.8 W latitude with sustained winds of 160 mph. The City Manager assembled the Hurricane Preparedness Committee on September 9 and 12, 2003, and conducted emergency management meetings in preparation of this category 3 storm. In order to properly execute emergency procedures in accordance with the City's Code of Ordinances, Sections 14.03, 14.04 and 14.12, the City Manager requires authority from the City Commission to take all necessary actions, including acquisition of goods and services. In an abundance of caution, given the size and magnitude of Hurricane Isabel, the City Manager authorized various expenditures in preparation for the storm on an emergency basis. Further, the City Manager requests authority to release reasonable funds required for the purchase of supplies, materials and services and for the leasing of various equipment in the event storm recovery is required. RECOMMENDATION Approval is recommended. MVD/MST Resolution No. A RESOLUTION OF THE _MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF EXPENDITURES INCURRED PRIOR TO AND DURING THE WEATHER EMERGENCY RESULTING FROM HURRICANE ISABEL, AND AUTHORIZING THE CITY MANAGER TO PREPARE FOR A POSSIBLE IMMINENT STORM, PROVIDING AN EFFECT DATE'. WHEREAS, The City Manager is responsible to maintain the' safety of the entire City prior, during, and after any inclement weather disturbances, storms, and/or hurricanes. WHEREAS, On September 9 & 12, 2003, the City Manager held emergency meetings with the Hurricane Preparedness Committee, and WHEREAS, It was determined that Hurricane Isabel could pose a threat to the City of South Miami, and WHEREAS, This resolution authorizes the City' Manager to take all necessary actions, including acquisition of goods and services to properly manage the emergency, and to report the outcome of any costs and damages, to the City Commission at the next regular scheduled meeting, and WHEREAS, The City Manager is given the authority to release reasonable funds for the purchase of supplies, for the preparation' and recovery of the storm/ hurricane. NOW THEREFORE' BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The total expenditures relating to the preparation and execution of recovery are approved as submitted by the City Manager. Section 2. The City Manager is authorized to request any available assistance to reimburse the City of any expenses incurred prior, during and after the storm/hurricane. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September,' 2003. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY ,. _�. -*-vim -ter =.. �r�,; -,� a . . „_ r..:�s -Ica .�.�, -. , '�c ,;;.zs,.'�;'�"�s 3; s°x'"�'°��, . ° €��; a�..:,,�, v°;�„� §"r"', „�'• � s:'�a' Chapter 14 EMERGENCY MANAGEMENT See. 141. Definitions. As used in this chapter: (1) Emergency shall mean a condition which threatens or adversely affects the public health, safety or security and which is or threatens to be beyond the control of those public and private agencies normally responsible for the management of such a condition, resulting from an act of imminent threatened act of war, riot, terrorism, mob or other acts of violence; from conflagration, explosion, haz- ardous materials incident or release; from a weather event such as ' a flood, hurricane. or tornado; from a disruption in the city's utility system; or from any other cause. (2) Normal average price shall mean the price at retail for merchandise, goods or services at which similar merchan- dise, goods or services were being; sold immediately pre - ceding a declaration of public emergency. (3) City manager shall mean the city manager, the acting city manager, or interim city manager. (Ord. No. 11 -93 -1539, § 1, 8- 17 -93) See. 14 -2. Applicability of provisions. All officers, employees, contractors, vendors, boards, commis - sions, authorities and other agencies of the city are subject to the provisions of this chapter. (Ord. No. 1 -93- 1539, >§ 1, 8- 17 -93) Sec. 14 -3. Emergency management structure. (a) The city manager or his designee shall perform the func- tion of director of emergency management and shall implement, manage and report on all actions authorized and taken under the provisions of this chapter. Supp. No. 56 197 § 14 -3 SOUTH MIAMI CODE § 14-4 (b) The city manager or his designee shall appoint a coordina- tor of emergency services whose duties shall include the ongoing planning for and coordination of those actions necessary for the creation and maintenance of an effective emergency response capability to prepare for and manage emergency conditions. (Ord. No. 11 =93 -1539; § 1, 8- 17 -93) Sec. 14 -4. Powers, duties and responsibilities. (a) The city manager, when acting as the director of emergency management, shall have the following powers, duties and respon- sibilities: (1) Zb declare or recommend a declaration of emergency pursuant to section 14 -5. To inform the mayor and vice mayor and the city commission of the reasons for and status of events requiring the declaration. (2) ZU direct the creation, revision and the exercise of emer- gency response plans conforming to state and county emergency plans for the mitigation of, preparation for, response to and recovery from emergencies; and to exer- cise all powers permitted by Florida Statutes 'chapter 252. (3) lb assist the efforts of the coordinator of emergency services in preparation for, response to, and recovery from, emergency conditions; (4) Zb recommend a budget to the city commission for the creation and maintenance of an emergency response capability as provided herein. (5) Th issue emergency regulations necessary for the protec- tion of life and property, establishment of public order, and control of adverse conditions affecting public welfare resulting from an emergency, to the city commission. (b) The coordinator of emergency service shall have the follow- ing responsibilities and duties: (1) Zb supervise the development and maintenance of city` emergency plans, including annual updates; (2) lb plan for and develop an emergency operations control center to include equipment, manning, and operational procedures necessary to the management and control of emergency conditions; Supp. No. 56 198 5" „ -`�� a-n-- -s= 'r- ,—.� —. ..; .- �..:; - --•.: ,:nom -s• .�;;r^vm—^ -e^; .,,tea^ -. ,..�-r.^`acs-"t'= 'S"�,I3.., S`+f' �.`x",�.: �.?,"°,- �x i::er"� s,ir5„a -�.1. "-'s.,'; �'; ..'�',�s�.!3"'tk., yo-, r':° $ 14-4 EMERGENCY MANAGEMENT $ 14 -5 (3) ` Zb develop and manage the city's emergency awareness public information program; (4) Zb prepare and submit an annual operating budget to the city manager related to emergency management activi- ties, preparations and training. (Ord. No. 11 -93 -1539, § 1, 8- 17 -93) Sec. 14 -5. Declaration of a state of emergency. (a) The city manager, and one of his/her two designees to be named annually in advance, in the order'' named, shall have the authority to declare a state of emergency. Upon the absence or unavailability of the city manager, the designees may issue such a declaration. (b) Any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter shall be confirmed by the city commission by resolution no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the city commission extremely impractical. Confirmation of the emergency declaration shall disclose the reasons for, anticipated impacts of, actions proposed and taken to manage the emergency, and other pertinent data relating to the emergency requiring the declaration. (c) Emergency resolutions authorized.- by this chapter shall include, but are not "limited to, the following model resolutions, the text of which is attached to the ordinance from which this I chapter derives as exhibits, and summarized as follows: Resolu- tion Subject A Evacuation B Curfews declaration of areas off limits C Suspension or regulation of the sale of, or offer to sell, with or without consideration: alcoholic bever- ages; ammunition; firearms; explosives; or combus- tibles D Prohibiting the sale of merchandise, goods or ser- vices at more than the average retail price I I Supp. No. 56 199 me j i § 1412 SOUTH MIAMI CODE . § 14-14 Seca 14 -12. Weather emergencies. (a) A public emergency may be declared because of weather conditions when the national weather service or a state, county or local emergency management agency informs the city or the public that emergency conditions resulting from meteorological conditions are present or imminent. Meteorological conditions covered by this section shall include, but are not limited to hurricane, floods, tornados, or other severe weather conditions and the results therefrom. The city manager shall request a declaration of a state of emergency from the officials in the order named in section 145. Pursuant to section 145, a declaration of emergency may then issue. (b) ;Declaration of a public emergency because of weather conditions shall authorize the issuance of emergency resolutions A through H, and other appropriate resolutions, as may be required. (Ord. No. 11 -93 -1539, § 1, 8- 17 -93) Sec. 14 -13. Suspension of local building regulations. The city manager may authorize a suspension of local building regulations during and following a declared state of emergency when the chief building official certifies to the city manager that such action is necessary for the expeditious restoration of prop- erty damaged by the emergency event. Such suspension of build- ing regulations may be applied on a case by case basis as required to remedy specific conditions and to facilitate the provision of emergency housing to disaster victims. The chief building official shall specify the provisions of the building code to be suspended and the reasons therefore, when certifying the necessity of such suspension to the city manager-The city manager shall commu- nicate to the city commission the need to suspend local building "regulations to the officials, in the order named in section 14 -5(a). The city commission shall confirm the suspension pursuant to section 14 -5(b). (Ord. No. 11 -93 -1539, § 1, 8- 17 -93) Sec. 1414. ; Certification of emergency conditions. A certification of emergency conditions to the 'city manager may be verbal, but each verbal certification shall be confirmed in writing within 24 hours following an emergency declaration. (Ord. No. 11 -93 -1539, § 1, 8- 17 -93) Supp. No. 56 202.2 ORIGINAL � CITY OF SOUTH MIAMI M5083 . ........ 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663 -6343 fox (305) 663 -.6346 PURCHASE ORDER Vendor Ship To Name HERTZ Name CITY OF SOUTH MIAMI/CENTRAL SERVICES Address Address 6130 SUNSET DRIVE City FL ZIP City SOUTH MIAMI " St FL ZIP 33143 Phone (305) 663 -6339 FAX (305) 667 -7806 ' ITEM QTY. DESCRIPTION Unit Price TOTAL 2 FRONT WHEEL LOADERSMYD /GEN BKT/DSL $1,495.00 $1,495.00 ($525.00 A DAY OR $1,495.00 A WEEK) (MED.SIZE) 1 ENVIRONMENTAL RECOVERY FEES $3.50 $3.50 2 PICK UP 8 DELIVER CHARGE - $390.00 $390.00 Payment $1,888.50 SubTotal $1,888.50 TOTAL OO Check O Account No. 110.1310.513.4400 -O O Shipping Date I A ,i Date 9/12/03 Order No { Sales Rep � Ship Via Notes /Rema s M508 {REQ:# S1973) 2m City of South Miami No. 6130 Sunset Drive, South Miami, Florida 33143 (305) 663 -6339 Fax: (305) 667 -7806 REQUISTION For Check ❑ For Purchase Order., Telephone: fax: Contact name: DEPARTMENT: DELIVER TQ:, 8 4795 SW 75 Amus 6130 SW 72 Shvd REQUIRED DELIVERY DATE: ASAP INFORMATION TO BE FURNISHEDBY DEPARTMENT FOR PURCHASING AGENT 1TEWN0IS DESCRIP770N.4NDSPECIFlC.4TIONS ACCOUNT UN17"PRICE ; TO Brief Description: (Veh. #, for whom, etc.) -- T * ** * * * * * * * *AttArh A mental fnr env nurnhacae —&n C'?M M ...d a-A Dm..l..*..... t.... ....•...1.......� ..,e.. rI n[1(1 nns• :ter :r a• 0 I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUW MENT OR SERVICE S ESSENTIAL AND A PROPER REQUEST AGAINST THE CODES CHARGED. CODWG OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF PURCHASE ORDER AUTHORIZED TALCOSf � SUFFICIENCY OF APPROPRIATION BALANCES VI;RII+IID (EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPARTMENT RNANCE DWARTMENT CTY MANAtiER �-e 110-1310 - "e3 -�0 -- 6 B DQ fl 776, Brief Description: (Veh. #, for whom, etc.) -- T * ** * * * * * * * *AttArh A mental fnr env nurnhacae —&n C'?M M ...d a-A Dm..l..*..... t.... ....•...1.......� ..,e.. rI n[1(1 nns• :ter :r a• 0 I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUW MENT OR SERVICE S ESSENTIAL AND A PROPER REQUEST AGAINST THE CODES CHARGED. CODWG OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF PURCHASE ORDER AUTHORIZED � SUFFICIENCY OF APPROPRIATION BALANCES VI;RII+IID (EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPARTMENT RNANCE DWARTMENT CTY MANAtiER ,:12.1003 12:521`1'1 HEPC 9'203 NO, 653 P.2/3 Show R.A, Number on BE Correspondence RA. No. 6482856 J PAr@ I3RAIdCIi; 203 BILL TO CUSToMERI 121p0122 SHIPPING ADDRESS HEItC MIAMI ICI'TY 0F SOUTH MIAMI PUBLIC WRK CITY Of SOUTH MIAMI PUBLIC WIIM 6860 NORTHWEST 77TH COURT 4786 SW 76 AVE 4736 SW 75 AVE MIAMI, FL 83186 MIAM11, FL 33155 -44$6 MIAMI, FL 331564485 305 - 682,6770 305 - 663,•6350 DESCRIPTION /CHARGES M START: 9112/03 12:37 EST REr IRX.- 10102103 12:37 PROP DATE: SHIPPpD BY: ORDEFIED' 3Y: KATHY, VAZQUl7Z DROP TIME; ORDER DATE; 9/12103 SALESPE4OPM 202 SALES COORDINATOR: HENRY SEFULVEDA Rafts subject Co aVallabillity Pot I JOB#! 12 CITY OF�ouri MI i PAIN Include maintenance 1"j* Qty,' gl iptnent # Min Day Week 4 Week AMOUnt 1 WHEEL LOADBR /37D /GEN 21kiT /M 525.00 925.00 .1495 , 00 3800.00 3800. a0 261 ©3010 ENVIRONMENTAL RECOVERY FFFS 6686000001 3.50 DELIVERY CHARGE 195.00 ,I PICKTJP CHARGE i 195.00 Delivery quoted 'is if unit is in the are R if no units availableiout of area char Sub, - totals 4193.50 ges apply Tax: 266.25 Total: 4459.75 1` r%AREFLILLY R @AD TEAIhE5 AI1itS W oN_RrVERSLc SIDE OF THIS It &CR N the Rav Wnp as of thi of e LOW, in ee. Customer Is Aauu for eq dsrr eqe to rha F"NIPmant end expense of HEPC ce�Ned by she Equipment bslna used or uperew In aielAtlan of the terms sK candltions on the Rewrxo W� e1` this oapr ar In Vidtetlen pf the LOSS AND OA,%IAGE wAmm Gum, PAaAGRAPH 17. ON THE fOWEE SIDE OF TOM PAGE 16 !N EIEU OF pl ALL,wAgRANYIES, NXP.RI a, IMP�IEE O9 STATUTORY, INCLUDINGr BUT NOT 41MITEP i3, THE IMPLIED' WARRANTY OF rAI 1cHaIuTAetuTY ANp TH &IMPLIED wpRr1ANTY oP FTl'NE69 FORA FARTI Ut AFl Ri:R♦>JsP AND (11 ALL OPLIWIONS ON T149 PART OF HERO TO CUSTOMER FOR WAGES, INCLUDINO, Bur NOT LIMITAD 70, 1NDIREGT, INCIDENTAL, CONMOLMNTIAI. DR &FECAL "I✓AGES ARILIN© DUT OF OR IN CONNECTION WITH THE LEASING, MAINTENANCE, USE, OPERATION, STORAGE, I ERECTION, QSIAANT.ING OR TRANSPORTATION OF TyE EQUIPMENT, CUSTOMER REPRESENTS THAT lit HAS FULLY INSPECTED THE 100IPMENT AND THAT SAME 15 IN GOOC -CONDITION AN✓ REPAIR, CUSTOMER tS LIABLE FOR ALL VIOLATIONS OF LAW ASISING OUT CVBTOM@R'B USE, P012583I0V 0; OPERATION OF THE SQU,PM .W. THE RQUWMENT DESCRIBED HRREIN iS IENTBD PURSUANT TO AND IN ACC000CF WITH TN8 TERIdB AND CONarrIONS SET FORTH A5']1F 4ND ON TIJi FNIVEW 510€ OF THIS PAr., C{Jci OMER RL�RE4LryT6 HAVING REAG AND AURkED' TO GAME, f . ° Environmental fl6GOVary Fee -• if an Environmerltgl Rat:avrry Fee Is LOSS AND DAMAGE WAlV6P ILDWI IS NOT INSURANCE. Tree Charge for LOW IN 14,00: % el Charged, It is a rcGor�ery by HERC Of Its expenses and ooste for handling, arose rer I charpse. C4emmer accepts or dsa!lnea LOW. It Cusmmar eacapte LDW, In conelduretlon mdlnaging, A*or disposing of wa €t9 metedala eeaoeiated w #n the rented tf the chsrMe ahamn .nave, (,sear sores, to welVe Certain alalnts NO* mANT MAr for lose of o! squlpnmant that contain hazardous ;sLibssanose, such as motllf oEI, gre w, damage to Equlpri,ele. In Nceornerro. who the name end cehmtic�e eaTfenh In Pe earepn e, t,Ii the Reveres Bids oT VIA peps and m II18 LOSS AN12 DAMAGE WAIVER GUIDE wh# Cuetomsr hereby and/or hpdrau!ic:fluid, Bar vreiE as related administrative cost. �TWiS 16 NDT asknowledpos racANImp, I A GOVERNMENT MAN0Ai5EJ CHARGE, Gustams+ 40po4Medgw that ;he 1cpIpmem wltt Its retuhled In n 64ou, e 1 COMMA, rroL of any and ail !tnteldoue a bstences. ' * unCertAminetad Terms are Net 10 Days Not valid without Barcode IMnt Cuetorner Noma _Title � ,uetaner Slpnetup oats i ��ep!li1�I1111i11��11�� .a1'eflally read the turns and conditions on reverse srde of this page' .. ,._ �- .. nom:.., , ^•-5 - '�- ,r ;-.,— �- w-r: ..,� -� ...,.. -cmr- ..�w• ^- ��m-- •�°�.. ,� :,;-� :,. ,: k�7",�•i^r^. --F t .- .= s,�'°,�r+; �: µ .�w -yo- -e„r�.,..�'r; ORIGINAL CITY OF SOUTH MIAMI . 6130 SUNSET DRIVE ` M5081 SOUTH MIAMI, FL 33143 (305) 663.6343 fox (305) 663.6346 PURCHASE ORDER Vendor Ship To Name AMAZON HOSE & RUBBER CO. Name CITY OF SOUTH MIAMI/CENTRAL SERVICES Address Address 6130 SUNSET DRIVE City FL _ ZIP city SOUTH MIAMI St FL ZIP 33143 Phone (305) 663 -6339 ' FAX(305)667-7806 ITEM QTY. DESCRIPTION Unit Price TOTAL HWRD6 1000 HWRD6- 6" RUBBER WATER DISCHARGE 20 EA. 6" X 50 FT. $9.95 $9,950.00 CPLD.W/PART C & E KAMLOCK C600AL 20 6" ALUM. KAMLOCK COUPLER PART C- $44.90 $898.00 E600AL 20 6" ALUM. KAMLOCK ADAPTER PART E $33.32 $666.40 JS217 80 6 1! " 2 WIDE / S S PREFORMED CLAMP $3:08.. $246.40 ' I 0 G60 BU 80 _ 6" BUNA N KAMLOCK GASKET 1.54 $123.20 Payment $1 t,6a4.00 SubTotal $11,884.00 TOTAL 0 Check 0 Account No. 110.1310.513.6430 O O Shipping Date Date 9/12/03 Wp/ Order No Sales Rep Ship Via oes em M5081 (R CS 1970) VENDOR y ` -- - - - -- DATE: ADDRESS: / w.,6 COWWAATION: AGAINST THE CODES CHARGED. Telephone: fax: Contact name: DELIVER T REQUIRED DEPARTMENT: 4795 SW 75 Avenue DELIVERY DATE: ASAP 8 6130 SW 72 S4:eet INFORMATION TO BE FURNISHED BY DEPARTMI?ri i FOR PURCHASING AGENT IrAl NO'S TP. DFMPJPUONAND SPECIPICArIONS ACCOCINr UNIT P T 17?Ai COST L/ G '4;) Brief Description: (Veh. #, for whom, etc.) * * * * * * * * * * *Attach 3' quotes for any Pur chases over $20000 and Quotes and Resolution %r urchases over !:HERESY CERTIFY THAT THE ABOVE MATE1UAi, EQUIP• CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF MENT, OR SERVICE IS ES311d 17AL AND A PROPER REQUEST PIIRCFIASE ORDER AUTHORIZED AGAINST THE CODES CHARGED. o^ q1j SUFFICIENCY OF APmmwAnoN 8AL ANm VmuM " (EXCIWT AS OTMRWISE NOM-) f iI£AD OF DEPARThext' FNANCE DEPARTMENT CITY ALAN QUOTATION n PAGE, 1 FROM: HOSE& RUBBER MANY DATE: 091,12103 `` \Z 3950 NORTH MIAMI AVE. PRONE. 3015- 578 -1640 PLEASE REFER TO ABOVE WHEN OFIDERIN( MIAMI FL 33137 FAX: 305 -573 -8063 REPLY TO YOUR INQUIRY: TO: CITY OF SOUTH MIAMI 6130 SUNSET CSR., WHEN REPLYING, CONTACT, I SOUTH MIAMI FL 33143 VICTOR M. FERNANDEZ arrN: KATHY vA2QUEZ �,G,� fa •� '�c�ta �, C.C. U F arl •�rin ��ti.. t�UAK71Ty :' , •' .. CsESG�i�"ieaN _ .., .., UNIT Ft'ICE GIWT aar• wy» Nrxrr* e*.»» »4MKNwrasAltxxs+fxxr «xx »r+lex »+ -. 1 OE41VERY APPROX. 5 DAY$ A.R.O. 1. »»«x#440 14Y «11x 14M «!p. iFY Y t M 10 !II 1000 I HWRD6 WATER DISCHARGE 95 F7 I B" 10 150 PSI .Y RUBBER WATT =R DISCHARGE GE , 6. ` I 4P I I+ 20 EA. S "X50FT CPLD- WIPART C& E KAMLOCK pp ZO I 20 C600AL I KAMLOCK COUPLER i 0 / 44.90 I EA I 6" ALUM KAMLOCK COUPLING PART C 30 20 E600AL KAMLOCK ADAPTER Cp 8" ALUM KAMLOCK ADAPTER PART E EA 33.32 40 80 JS217 PREFORMED CLAMP 3108 EA 6 -112" ID X 314" WIDE 815 PREFORMED CLAMP 50 80 13600BU CASK BONA 6" i 6" SUNA -N KAMLOCK GASKET I/ o2J . 1 .54 EA I S I I i I » «x, TOTALS » • • EX T ENDEC AMOUNT' F.O.S. SP,FNA,PREPAID 118$1 31 I PAYMENT 'TERMS NET 30 DAYS BY AU T _ R14D 510.1 TURD j .„ <- ...— o-- ... -... n"''^�. —a..• ..m..,;_ .r-- m —;'_.. 's .._,...: ^�'.,^:: rix'`:`-r�r. -" eye'+# z°'_?;-.` i„.` .;m'ss-- r;"^'= -:°t?',<'`'s-+,e ,e_�"`sx:,^'°.:^"n';,,., M';,;, ,,°�.e ^es -17. ORIGINAL CITY OF SOUTH MIAMI M5082 6130 SUNSET DRIVE; SOUTH MIAMI, FL 33143 (305) 663 -6343 fax (305) 663` -6346 PURCHASE ORDER Vendor Ship To Name HERTZ Name CITY OF SOUTH MIAMI /CENTRAL SERVICES Address Address 6130 SUNSET DRIVE City FL ZIP City SOUTH MIAMI St FL ZIP 33143 Phone (305) 663 -6339 FAX(305)667-7806 ITEM QTY." DESCRIPTION Unit Price TOTAL RENTAL OF- 3 6" WATER PUMPS/TRASHNACUUM ASSIST. $1,440.00 $1,440.00 1 ENVIRONMENTAL RECOVERY FEES $10.50 $10.50 3 HOSE PUMP SUCTION PVC 6" X 20" $135.00 $135.00 $1,585.50 Payment SubTotal $1,585.50 TOTAL O Check 0 Account No. 110.1310.513.4400 O i O Shipping Date Date 9/12/03 Order No Sales Rep Ship Via Notes /Rema M508 (REQ. #CS 1971) 1IN11117rNiAtI1N LI 2001 City of South Miami Now 6130 Sunset Drive, South Miami, Florida 33143 (305) 663 -6339 Fax: (305) 667 -7806 REQUISMON E3 1 E3 For Check Telephone: fax: Contact name: DEPARTI�Wr:' DELIVER TQ: 8 4795 SW 75 Avemm 6130 SW 72 Street REQLgRED DELIVERY DATE: ASAP MENT, Oft SERVICE IS ESSENTIAL AND A PROPER RE GUEST I HEREBY CERTWY'THAT THE ABOVE MATERIAL, EQUIP- CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AM ISSUANCE OF MENT, Oft SERVICE IS ESSENTIAL AND A PROPER RE GUEST PURCHASE ORDER AUTHORIZED 4 AGAINST THE CODES CHARGED SUFFICMNCY OF APPROPRIATION BALANCES VERII�D (EXCEPT AS OTIiBRW= DOM.) r tIEAD OF MPARralm FINANCE MIARTMENT CICY MANAGER m: HERTZ CORPtORA71ON To: 305 -667 -7806 KATHY VASQU 'Msg #272004.0:2 0911 212003 13:29:12 Page,3 & 3 /RESERVATION Service Pump & Compressor Show R_%.Numberon all CorrespaadNam * COPY * a Hertz Company R.A. NO. 1 6483137 PAGE 1 BRANCH: 262 HILL TO CT1"TOliFy &:1.296122 SHIPPIN Terms are Net 10 Days War Gustowr Nave Iitk { Castoew slaasture Date I. - - G ADDRESS SP &C - PDXJPJkN0 CITY OF SOUTH AIIAM PUBLIC NVRK CITY OF SOVIR NIiANII PUBLIC %VK 1840 N9 33RD STREET - 4795 SW 75 AVE 4795 SW 75 AVE POMPANO BEACH, FL 33064 MIAMI, FL 33155 -4485 MIAMI, FL 331554485 954- 975 -0237 CO: 305-663 -6350 J4: 305- 663 -6350 DESCRIPTION /CHARGES , EST START: 9I1trw 13:11 EST =RN: q 19im 13:11 DROP DATE, S111PPED BY : ORDERED BY: V ASQiTEZ, KATI Y DROP T R- ORDER DATE:9,112/03 S4LESPERSON943 SAT COORDINATOR: PO# I JOB#: STAND BY Rats; indude m2hwwanm teraice Qty Equipment # Min Day Week 4 Week Amount 3 PUMP /TRASH /VACUUM ASSIST/611 160.00 160.00 480.00 1440.00 1440.00 6160600' ENVIRONMEN'CAL RECOVERY FEES 6686000001 10.50 3' HOSE PUMP SUCTION 'PVC 61'X20'' 15.00 15.00 45.00 135.00 135.00 0034032- Sub - total: 1585.:50 Taxable Sub-total: 158550 Tax: 95.13 Total: 1680.63 Customer is responsible for fuel, flats, damages and clean up fees and MUST Call the branch to get a release .# for all equipment. releases A cleaning, charcre will apply if equipment is not cleaned before return GREAT DEALS on USED EQUIPMENT us on -line at w•ivw.hertzequip.com CAREF MY READ T.ER1135 AND CONDITIONS ON REVERSE SIDE OF TEAS PACE ?L,WAgmaAw peymsot of the LD-VV fee, Cwtam w•. is Iimhle for an dasmee r on ZrApmipt ad empems of 1VRC.Lrsed by dam Egdjamnl ►eiw me or aprmted -..s vialoliw of 00 Ones and ew didaac an lb Rmoam SW* of dis pp r m Hoks= of as LOSS AND DAMAGE WARYR GUIDE:: PARAGRA.PB IL ON TSL RESIMU SIDE OF TZS PAGE IS IN LMV OF 0 ALL 1VA2R0,X=S, E]'PR3 M IItfX= OR STATDTORY, DrLtmm. ELTI' NOI LDMrLD 10. riff EaT]ED 1VA2VA_VrT O]' ME)wC3WrA2ILITT AND TRE`ndK= WARRANTY ' "Cr rrr7CSS TORA PARTICMAR PCMPOSY; AND (a) ALL ORLIGATIONS ON TJM PART OF RLRC TO CMOM R IOR DAMAGES. DXLIII M. RUT Wr LD=D T0. INDIRECT. V CXENMAL, CONSWUMMAL OR SXCLAL DAMAGES 421S G 011T Or OR TV COMECTION W= TIM LEA3DVG, MUNTMA -ITT. USE, OPLRAIION. STORAGE.ERTCTION, AISMANTLD G OR TROSSPGRTATION OF nM E01VIM1 uVT, CUSTOMER =RLSLI-TS TSAT 91 HAS 'rU LY DMWCTLD'TIM FgTIIMM AMTi TEAT SON IS RV GOOD CONDrf]ON AM R- T,PA3X CUSTO1aX TR rT,.nw.r TOR ALL 'MUTIONS OF LAW ARISM OM CLSTObMX5 USE. FOSSESSION QR OPERATION OT TIM EQMPhNNT. TIM TQ1M3hWT DESCRMM BEREN a RENELD FCRSU047 TO AIOY T+V.I.CCORDA= =111 T= _TIMS AM COMA I IONS SET FORTS Anon An ON RIG: Rr-ERU SD>Z OF TMS PAGE. CUSTOMM >ZF PRESENTS'3U\M4G READ AND At.RCFD IO SAM. F'Iiarl *Dental Re—K7 Foe -- U an Envkmmmial Rew a7 Tee is dm ned, LOSS Am DAMAGE WAIVER (LDA1) I5 NOT'rGE RAI+CL Thu Chna far LDVV is 1x.00 AP it is a rernverT by IIEPC of its expenses end eaatr for }sandhog, maoagW, d Fm r=W chase'. Cvsmr occeph w Aedmme LDw. IF Cos' mer scopta LDIV, io w3d.`or avoi ur of Waste materials assedsted.wltl]:a* rued equipmmmif flat romiderm iaa of ad dowip shown .bows, Lses ones m wan cot" chime ma ind eaatmer contain iazardow substances, ?soil as mobw A ffmae, andiar bpdrutmHe fbdd, for WE d or demsae im Egaipsmt in mawhow with am itrms rod calif m nt'fasth is Psvessaph S. co @e Roma Side of Us pose mvi a bat LOSS AND DAMAGE WAINT& GUIDE as WA as Z`0111 W adWiaistM ire cast. TS1S IS NOT A GOVEB SWW T which cmtomtr Innhy fdmw►isusk sreiwi W N10MATf G[L4IPGli. C„ steam mc]mviodnc hot ar 'Lgcdpmam vO be rahami in m rood, Aiwm sad vnmmuaasied maftm4 fns of "mad sR hwrdoix a„eohaaaa. Terms are Net 10 Days War Gustowr Nave Iitk { Castoew slaasture Date I. - - Telephone: fax: Contact name: DEPARTMENT: —' DELIVER IQ. B 4795 SW 75 Avenue 6130 SW 72 Sbvd REQUIR® DELIVERY DATE: ASAP MENT, OR SERVICE IS ESSE AND A PROPER ST INFORMATION TO BE FURNISHED BY DEPA[tTMEN P FOR PURCHASING AGENT Fff"dvO'S QYY DESCRIP770NANDSPECIF7CA7?ONS ACCOUNT UN7TPRICE 7OTALCOST o,a Brief Description: (Veh. #, for whom, etc.) T *Attach 3 quotes for any purc ha er $20000 and` cotes and Resolution for purchases over $422.00 I HEREBY CERTIFY THAT THE ABO r1�ERfAI , EQU COMO OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF MENT, OR SERVICE IS ESSE AND A PROPER ST PURCHASE ORDER AUTHORIZED AGAINST THE CODES D. SUFFICIENCY OF APPROPWATION BALANCES VERIFIED (EXCEPT AS OTHEAWIEE NOTED.) HEAD OF ARYVM FINANCE DEPARTMENT CrrY bIANAGER r k a i i } 9' } A J �.o 7 �. D G 'e _� a d a r n {- -� a J - � �'.,; �� !!. q.. 'b .y -� d A'a>{_d`�` 'CSC £ � 4'� yr 1f � -I t}I i � N x F# i ', i \� � E Y �6z' �- �7�1N � .� �ti J4-y yip 1 �# �� V 7Y � 1 �3}`�; �r� 'y., k�'+ 4 i a i � Sx t i 36 �'Jaa�dl - ��` ,� - _ � n a,'?F _ :i,% I b Q4 �� N L 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 7.373 6 WHICH EXCEEDS THE ROLLBACK RATE BY 26.42 % AND RESULTING 7 IN 15.69% INCREASE IN PROPERTY TAX RATE IN THE CITY OF SOUTH 8 MIAMI, FLORIDA, FOR THE FISCAL YEAR 2003/2004; PROVIDING FOR 9 SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, pursuant to section 200.065, Florida statutes, tax assessments for all 13 real property within the jurisdiction of the City of South Miami for the fiscal year 14 2003/2004 has been made by the property appraiser for Dade County; and, 15 16 WHEREAS, pursuant to the above -cited statutory provision, the Mayor and City 17 Commission are required to adopt a tentative and thereafter a final millage rate for the 18 taxing jurisdiction of the City of South Miami; and, 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1. There shall ` be and hereby is levied upon real property in the City of South 24 Miami, Florida, a tax of 7.373 mills on the dollar for the fiscal year 2003/2004 for the 25 operation expenses of the government of the City for the fiscal year beginning October 1 26 2003 and ending September 30, 2004. This millage rate exceeds the rollback rate by 27 15.69% 28 29 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 30 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 31 shall not affect the validity of the remaining portions of this ordinance. 32 33 Section 3. All ordi- nances or parts of ordinances in conflict with the provisions of this 34 ordinance are repealed. 35 36 Section 4. This ordinance shall take effect immediately upon approved. 37 38 PASSED AND ADOPTED this day of 2003. 39 40 41 ATTEST; APPROVED; 42 43 44 CITY CLERK MAYOR 45 1' Reading - 46 2"d Reading - 47 READ AND APPROVED AS TO FORM: COMMISSION VOTE: - - r�rn,T>� .= �n<-- -m�=.; , -•-R . � . ..;-- ,- �.,,- ,...x,.°' -�v ,..� .....- :'..�„^;r -;- ;„_?;��..="3'M ^*, t {f ;mt.' v , ,�'2�, -.^i�+;.��c�.+rr - - 1 Mayor Feliu: 2 Vice Mayor Russell: 3 CITY ATTORNEY Commissioner Wiscombe: 4 Commissioner Bethel: s Commissioner McCrea 6 7 1� I ORDINANCE NUMBER 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 5 $13,229,818 AND PAY PLAN FOR THE 2003/2004 FISCAL YEAR; 6 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN 7 EFFECTIVE DATE, 8 9 WHEREAS, the City Manager has submitted a proposed budget ;together with a budget 10 message and supporting schedule including a pay plan; and 11 12 WHEREAS, pursuant to Chapter 200, Florida Statutes, the Mayor and City Commission 13 are required to adopt a tentative, and thereafter, a final budget for the City. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT` 17 18 Section 1,. The Budget for the fiscal year, as submitted by the City Manager, including the pay 19 plan, as filed in the City Clerk's Office, in an amount of $13,229,818 be and the same is hereby 20 approved. 21 22 Section 2. The City Manager is authorized to use the additional $153,000 in the cash reserve 23 for 2003/2004 fiscal year to pay for expenses related to the pension fund contribution and new 24 lawsuits. 25 26 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held 27 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the 28 validity of the remaining portions of this ordinance. 29 30 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 31 ordinance are repealed. 32 33 Section 5. This ordinance shall take effect immediately upon approved. 34 35 PASSED AND ADOPTED this day of - , 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 1," Reading 42 2nd Reading 43 44 READ AND APPROVED AS TO FORM: COMMISSION VOTE 45 Mayor Feliu:` o � South Miami F � INCORPORATED 1927 �.o Ri ®�' CITY OF SOUTH MIAMI TO: Honorable Mayor, Vice Mayor DATE: September 16, 2003 & City Commission FROM: Maria V. Davis ITEM No. 2o;w City Manager RE: Settlement agreement w /PBA Reinstating Officer J. Griffin A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, RELATING TO PERSONNEL MATTERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT AGREEMENT WITH THE PBA BARGAINING UNIT TO SATISFY AN UNFAIR LABOR PRACTICE CLAIM AND REINSTATE OFFICER JEFFREY GRIFFIN BACK TO THE RANK OF SERGEANT, i, AND AUTHORIZING PAYMENT OF RETROACTIVE PAY, FROM ACCOUNT NUMBER 01- 1910- 521 -1210 IN THE AMOUNT OF $4,000 DOLLARS, PROVIDING AN EFFECTIVE DATE.' BACKGROUND i On February 18, 2003 the City Commission approved a resolution authorizing the City Manager to reclassify administrative personnel within the Police Department due to budgetary constraints. The collective bargaining agreement contains language governing the promotion and compensation of Police Officers and Sergeants. The City failed to follow the proper protocol in the collective bargaining agreement. Based on the above mentioned information, the City Manager is required to reinstate Officer Jeffrey Griffin to the rank of Sergeant at the designated pay range /step with retroactive pay for the current fiscal year for a total amount of $4,000:` i This resolution will satisfy a costly unfair labor practice claim, and will reinstate this officer back to his former rank of Sergeant. RECOMMENDATION Approval is recommended. i i .. r „^,�o.rs;" —.r,. ,a-.. *a . ^'� .�sA°P;�',. `p'�?�', mr�."�r ^rr'- a.,:�» �y�s;�.�'t - r,- �°.?`."r .�� -,. ri �?,g°xc•,;.s -z:-. < .a w �aar<.i'.3A,`°"?�fa�..a r 1 RESOLUTION NO. Z 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI FLORIDA, RELATING TO PERSONNEL 5 MATTERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A 6 SETTLEMENT AGREEMENT WITH THE PBA BARGAINING UNIT TO 7 SATISFY AN UNFAIR LABOR PRACTICE CLAIM AND REINSTATE 8 OFFICER JEFFREY GRIFFIN BACK TO THE RANK OF SERGEANT, 9 AND AUTHORIZING PAYMENT OF RETROACTIVE PAY, ACCOUNT 10 NUMBER 01- 1910 -521 -1210, TITLED POLICE DEPARTMENTAL 11 BUDGET, PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, the PBA is the certified bargaining agent for a "rank and file" collective bargaining unit which 13 includes employees in the following sworn job classifications: police officer and police sergeant (hereinafter the "rank 14 and file unit "); and 15 WHEREAS, on February 18, 2003, the City of South Miami, reorganized the rank & file in the police 16 department and reclassified one police Sergeant to police officer whereby causing a reduction in rank as well as pay due 17 to budgetary shortfalls; and 18 WHEREAS, the Collective Bargaining Agreement contains language governing the promotion and 19 compensation of Police Officers and Sergeants and requires demotions to be based on proper cause; and 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 21 OF SOUTH MIAMI, FLORIDA; 22 SECTION 1. The City Manager is directed to take actions required to reinstate Jeffrey Griffin to the rank of 23 Sergeant at designated pay range /step with retroactive pay for the current fiscal year. 24 SECTION 2. The City Manager is authorized to pay Jeffrey Griffin since March 2003 for retro pay. 25 SECTION 3. The city manager; is authorized to reinstate Jeffrey Griffin as Sergeant, pay him retro pay, that he 26 would be entitled to for this fiscal year, calculated to be $4,000, from the appropriate accounts within the police 27 department's budget. 28 SECTION 4. This resolution shall take effect immediately upon approval. 29 PASSED AND ADOPTED THIS DAY OF 12003. 30 ATTEST: APPROVED: 31 32 CITY CLERK MAYOR 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 STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION DADE COUNTY POLICE, BENEVOLENT ASSOCIATION, Charging Party, Case No. CA -2003 -057 V. ORDER DISMISSING CASE CITY OF SOUTH MIAMI, Respondent. Blanca T. Greenwood, Miami, attorney for charging party. Maria Davis, South Miami, representative for respondent. On September 3, 2003, the Dade County Police Benevolent Association (PBA) filed an unfair labor practice against the City of South Miami. On September 5, prior to a sufficiency review, the PBA filed a notice of withdrawal. Upon consideration the Commission grants the withdrawal and dismisses the unfair labor practice charge. It is so ordered. POOLE, Chair, KO.SSUTH, JR., and VARN, Commissioners, concur. HER Y CERTIFY that this document was filed and a copy served on each party on d , 2003. BY: Jawl Clerk r A �i /pap E s "�10 SEA' 12 2000 Cpl N'6 SRV OFF` g i 09/03/03 WED 10:06 FAX STATE OF FLORRIAA Do Not pyrite In This Box PUBLIC EMPLOYEES RELATIONS CONBUSSION CASE NVMER 4050 Esplanade Way_ CA- Tallahassee Florida 32399 -0950 (850) 488 -8641 DATE F1LED CHARGE AGAINST EMPLOYER INSTRUCTIONS: Submit an original and One (1) copy of this charge to the Public Employees Relations Commission along with proof of simultaneous service upon the other parties. (NOTE: The charge must be accompanied by sworn statements(s), and whore applicable, documentary evidence; in suppport of the allegations of the charge. Such supporting evidence and documentary evidence is NOT to be attached to the charge and ne fnot be served upon the other parties.) The Charging Party alleges that the public employer or its agents named below have engaged in (an) unfair labor practice(s)- Charging party requests the Public Employees Relations Commission to process this charge under its proper authority. _I. NAME OF CHARGING PARTY Dade County Police B n vo1ent Aa59nj�otion. Phone No. 3 0 5---5-9 3 - 0 044 __ Facsimile(Fax) No. Address: 10680 NW 25 Street Miami. Florida Z002 2. CHARGING PARTY REPRESENTATIVE: H l a C a T. G r e e w o o d Tide: (+engra7 ColInsel - Phone No. 3 0 5 5 9 3 - 0 0 4 4 Facsirnhe(Fax) No. _ 0 14 9. _ Address: 10680 NW 25 Street Miami, Florida 33172 Zip Code 3. NAME OF EMPLOYER C i t° Of 10uth Miarn.1 Address: 6130 Sunset Drive South Miamit—E-1aLida Zip Code 4. EMPLOYER REPRESENTATIVE. Maria Davis Title: -City Mahacr5ar-- Phone No.. 3 n 5 -KER - ?5 1 n Facs inrlile(Fax) No. 305-66-4- h 34c; Address: 6130 Sunset Drive South Miami Fl. 3 Zip Code 5. The above -named emplo cr or its agents have engaged in (an) unfair labor practice(s) within the meaning of Section 447.501(1) (a) and 4 . 5-al , Florida Statutes. (list sections) pane Form 15 Pad¢ 1 of 2 (Roy. 1143) „°m, .h-;n •v. v"n �'.: � ..F`",I:,:u, .m'.^=�;9:`a.T'rk' ^^>�x.^ ms",^2 .. . >�... ?fcT°`?; 54: '�v-'F"m.M.., ...', .Se+'z�%J�aJ. ..' -'l_ -'ten, ..: ±R,uR."",..� ...,i�h��9` —=• ^aK';`T .�a5�" ,k x]003 o9 /ovo3 WED 10:06 FAX 1. South Miami, Florida (hereinafter the "Cit/') is a public employer within the meaning of F.S. §447.203(2), Florida Statutes,'` 2002. 2. The Dade County police Benevolent Association, Inc. (hereinafter the "PBA ") is a labor organization within the meaning of F.S. §447.203(12), Florida Statutes, 2002. 3. The City staffs its Police Department (hereinafter the "Police Department") with sworn personnel in the following job classifications: Police Officer, Police Sergeant, Police Lieutenant, Police Captain, Police Assistant Chief, and Police Chief, 4. The PBA is the certified bargaining agent for a "rank and file" collective bargaining unit which includes employees in the following sworn job? classifications: Police Officer and Police Sergeant (hereinafter the' Rank and File Unify. S. The PBA is the certified bargaining agent for a "supervisory" collective bargaining unit which includes employees in the following sworn job classifications: Police Lieutenant and Police Captain' (hereinafter the "Supervisory Unit").' 6. There currently exists a collective bargaining agreement (hereinafter the "CBA ") between the City and the PBA which sets the terms and conditions of employment for the Rank and File Unit; the term of the CBA is October 1 2001 through September 30, 2004. (Ex. No. l). 7. The CBA contains language governing the promotion and compensation of Police Officers and Sergeants and requires demotions to be based on proper cause. (Ex. No. 2). 8_ There is currently no collective bargaining agreement for the Supervisory Unit, as the Supervisory Unit was certified on May 7, 2003. (Ex. No. 3). 9. On March 3, 2003, the City of South Miami, citing budgetary shortfalls, demoted one Assistant Chief to Captain, two Police Captains to Police Lieutenants, two Police Lieutenants to Police Sergeants, and one Police Sergeant to Police Officer thereby causing a reduction in rank as well as pay. 10. At no time did the City of South Miami contact the PBA to request impact bargaining, or otherwise give the PBA formal notice of their intent to make a unilateral change to the terms and conditions of employment to bargaining unit members. Z004 09 /03/03 WED 10:07 FAX REQUESTED REMEDY THAT THE COMMISSION 1. Find that the City has committed an unfair labor practice in violation of §447.501(1)(a) and §447.501(1)(c), 'Florida Statutes, 2002, by unilaterally demoting members of the collective bargaining unit(s) for supposed budgetary reasons. 2. Order that the City immediately reinstate the demoted parties to their entitled ranks "and purge all paperwork related to a demotion from the affected parties' personnel files. 3. Order that the City immediately reimburse the affected parties for all benefits, wages and any other emoluments they may be entitled to "as a result'of the City's actions. 4. Order the City to pay the Charging Party's reasonable attorneys fees in litigating this inatter. 5. Order any and all other legal or equitable relief that the Commission shall deem appropriate. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via facsimile (305) 663 -6345 and U.S. mail to Maria Davis, City Manager, City of South Miami, Florida, 6130 Sunset Drive, South Miami, Florida 33143 this 3rd day of September 2003 Blanca T. Greenwood, Esquire Florida Bar No. 919004 Dade County Police Benevolent Association 10680 NW 25 Street Miami, F1. 33172 �. qw-