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10-07-03$ South Nisei t S s , f4 All-AmedcaCKY PUBLIC REMARKS (5- minute limit) CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,RRELATING TO AUTHORIZATION OF THE INTERIM CITY CLERK AS SIGNATORY IN CITY BANK ACCOUNTS.; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 5.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE 1000 FEET OF DISCHARGE HOSE FROM AMAZON HOSE AND RUBBER COMPANY FOR AN' AMOUNT .NOT TO EXCEED $11,884.00 AND CHARGING THE DISBURSEMENT TO ACCOUNT - 110 -1310- 513 - 6430'' TITLED HURRICANE FUND OPERATING EQUIPMENT; AND PROVIDING FOR AN EFFECTIVE DATE.3/5 (City Manager) 6.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; REPEALING RESOLUTION NO. 131 -03- 11680, ADOPTED SEPTEMBER 2 2003, APPOINTING ROBERT A. PARSLEY, III TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD AS LANDSCAPE ARCHITECT FOR A TWO YEAR TERM ENDING SEPTEMBER 2,, 2005; PROVIDING FOR AN EFFECTIVE DATE: 3/5 (Mayor Feliu) 7.A RESOLUTION OF THE MAYOR AND CITY COMMISSION_ OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO SECOND AMENDMENT TO LEASE AGREEMENT WITH MIAMI -DADE COUNTY FOR THE USE OF CITY OF SOUTH MIAMI BUILDING LOCATED AT 6121 SW 687H STREET; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 8.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO KIMLEY -HORN & ASSOCIATES, INC., CONFIRMING A ONE` -YEAR EXTENSION OF THE SEPTEMBER 30, 2001 PROFESSIONAL CONTINUING SERVICES AGREEMENT, PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) REGULAR CITY COMMISSION 2 AGENDA - October 7; 2003 9.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING< TO AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO CONSULTING ENGINEERING & SCIENCE,, INC., CONFIRMING A ONE -YEAR EXTENSION OF THE SEPTEMBER 30, 2001 PROFESSIONAL CONTINUING SERVICES AGREEMENT, PROVIDING 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 AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO .CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., CONFIRMING A ONE - YEAR~ EXTENSION OF THE SEPTEMBER 30, 2001 PROFESSIONAL CONTINUING SERVICES' AGREEMENT, PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) ll.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH; MIAMI, FLORIDA,; AUTHORIZING THE CITY MANAGER TO ISSUE: A CONSTRUCTION AGREEMENT WITH BRANCHING OUT, INC. FOR THE INSTALLATION OF FUEL MANAGEMENT SYSTEM (KEY CARD SYSTEM) AT CITY HALL AND PUBLIC WORKS FACILITY, IN AN AMOUNT OF $20,655.15.00 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT OPERATING EQUIPMENT ACCOUNT NUMBER 01- 1760 - 519 -6430; PROVIDING FOR AN EFFECTIVE DATE, 3/5 (City Manager) 12.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH' MIAMI, FLORIDA, RELATING TO BANKING SERVICES, SELECTING FIRST NATIONAL BANK; OF SOUTH- MIAMI TO CONTINUE SERVICING THE CITY'S MAIN BANK ACCOUNTS, AND PROVIDING AN EFFECTIVE DATE 3/5 (City Manager) 13.A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY' OF SOUTH MIAMI, FLORIDA, RELATING TO ARBITRATOR'S FEE; APPROVING PAYMENT OF ARBITRATOR'S FEE FOR HAROLD D. SMITH,' ESQ. IN THE AMOUNT OF $2',,000.00; CHARGING $2,000.00 TO THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) ORDINANCE (S) SECOND READING PUBLIC' HEARING (S) None REGULAR CITY COMMISSION 3 AGENDA October 7, 2003 .NV ,.. , ..,. • .. ,..+ ='. a �-.: -^: x�. ,.,:e _,,,-�..;:nr ........... .............. RESOLUTION (S) /PUBLIC HEARING (S) None RESOLUTION (S) 14.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. (deferred from 9/16/03) 3/5 (Commissioner McCrea) 15.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ESTABLISHING A 401A MONEY PURCHASE PLAN FOR MARIA V. DAVIS AS STIPULATED IN HER EMPLOYMENT AGREEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 16.A' RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; ACCEPTING DEED AND REQUESTING TAX EXEMPTION' ON THE EAST 1/3 OF THE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE, OTHERWISE; KNOWN AS THE "HAMMOCK HOUSE" PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 17.A RESOLUTION OF THE MAYOR AND CITY COMMISSION.OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN REPAYMENT AUTHORIZING THE CITY MANAGER TO USE UP TO AN AMOUNT NOT EXCEEDING $165,000 FROM THE LOAN PROCEED AS NEXT PAYMENT FOR THE $6.5 MILLION PARKING GARAGE LOAN SCHEDULED FOR NOVEMBER 1, 2003; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 18.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $24,122.00 FROM ACCOUNT NUMBER 1910 -521 -5220 UNIFORM /EQUIPMENT TO FLORIDA POLICE PRODUCTS, FOR THE PURCHASE OF RIOT EQUIPMENT, PROVIDING RESOLUTIONS IN CONFLICT. 3/5 (City Manager) 19.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL REGULAR CITY COMMISSION 4 AGENDA - October 7, 2003 .._ , SERVICES; APPROVING A RETAINER FEE FOR BRUCE S. ROGOW, P.A., IN THE AMOUNT OF $10,000.- 00;.CHARGING $10,000.`00 TO ACCOUNT NO. 1500- 514- 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 20.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DISBURSEMENT OF FUNDS` TO THE RED /SUNSET MERCHANTS ASSOCIATION, AUTHORIZING THE CITY MANAGER TO REIMBURSE UP TO $9,000.00 AS 2002 -2003 CITY CONTRIBUTION FOR PROMOTIONAL ACTIVITIES IN THE CITY BUSINESS DISTRICTS, PROVIDING AN EFFECTIVE DATE. 3/'5 (City Manager)' 21.A RESOLUTION OF THE MAYOR AND CITY ;COMMISSI'ON OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO POLICE CHIEF COKES WATSON'S RESIGNATION, AUTHORIZING THE CITY MANAGER TO OFFER A SEVERANCE PACKAGE TO HIM, AND PROVIDING AN EFFECTIVE ;DATE 3/5 (City Manager) ORDINANCE (S) ;FIRST READING (S) 22.AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTIONS 12 -8.3 AND 12 -8.4 OF CHAPTER 12 OF THE CODE OF ORDINANCES ENTITLED "ENFORCEMENT PROCEDURES; NOTICE" AND "COST OF CLEARING AS LIEN ON PROPERTY "; 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. ", REGULAR CITY COMMISSION 5 AGENDA — October 7, 2003 � �,s., . ^: ,..; '��= ,".,"..irs.„;�; ^, ate.-.:;'- `�:'�s� .:�.,m°€ �..�,'� ^.-mss - <.•f�.. '-ate; s'�'" - �.s�x+;s=�s�€-�� °,r?-�m�� r.� -. 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. J: \My Documents \agenda \10.07.03.doc' REGULAR CITY COMMISSION 6 AGENDA - October 7, 2003 1 2 ' 3 City of South Miami URAFT 4 Special City Commission Minutes 5 SEPTEMBER 23 2003 6 CALL TO ORDER: 8 The City Commission of the City of South Miami, Florida, met in 9 special session on Tuesday, September 23, 2003, beginning at 7 :40 10 P.M. in the City Commission Chambers, at 6130 Sunset Drive, South 11 Miami, Florida, 12 13 A. Roll Call: The following members of the City Commission were 14 present: Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell, 15 Commissioners David D. Bethel, Randy G. Wiscombe and Dan McCrea. 16 17 Also in attendance were: City Manager Maria V. Davis, City 18 Attorney Earl G. Gallop, and Acting City Clerk Maria M. Menendez. 19 20 B. Invocations 21 Mayor Feliu delivered the Invocation. 22 23 C. Pledge of Allegiance: 24 The Pledge of Allegiance was recited in unison. 25 26 D. Mayor Feliu afforded an opportunity.to the South Miami Cobra 27 Battalion, represented by Major Gonzalez and Sergeant Blas, 28 who addressed the Commission, requesting donation to help 29 them achieve their goal to - compete in Georgia at a national 30 level. The competition event will take place December 5th 31 through 8th; 2003, and the group will need approximately the 32 amount of $4,000.00 to realize: their goal. The Commission 33 was advised that anyone wishing to contribute may contact 34 Jose Silva at South Miami Senior High at 305-753-6887. Mayor 35 Feliu suggested to announce the event on Channel 5. 36 Finally, the Battalion marched up to the Commission and 37 presented all members with a South Miami High pin. 38 39 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 40 ORDINANCES) PUBLIC HEARINGS) 41 Ordinance No 18 -03 -1802 42 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 43 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 44 7.373 WHICH EXCEEDS THE ROLLBACK RATE BY 26.42% AND 45 RESULTING IN 15.69% IN PROPERTY TAX RATE, IN THE CITY OF 46 SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2003/2004; 47 PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT AND 48 AN EFFECTIVE DATE 3/5 49 (City Manager) 50 51 52 Moved by Commissioner McCrea, seconded by Commissioners SPECIAL CITY COMMISSION 1 MINUTES September 23, 2003 I Wiscombe and Bethel to adopt this ordinance 2 3 Ms. Davis summarized the budget process which made possible 4 to present the balanced budget being discussed at tonight's - 5 meeting. Ms. Davis .stated that the budget process started with a 6 1.4 million dollar deficit which presented real challenges. The 7 balanced budged presented tonight was made possible with the help 8 of the .Finance Director, together with the Department Heads, and 9 after making some very difficult decisions, Ms. Davis added. The 10 Department Heads identified twenty. -three positions -which have 11 been eliminated from the budget, resulting in a savings of 12 $908,000.00. Every effort was made in the process to look 13 carefully at every line item which could be trimmed, before any 14 decision was made to propose a reasonable increase in taxes. Ms. 15 Davis concluded' by stating that as the result of the proposed 16 balanced budget,., and after difficult decisions were made, ;we' are 17 "in the black," and will be in the 'black next year, and that we 18 are in sound, financial ground. 19 20 Commissioner Bethel commended the Recreation Department for 21 having kids in mind when they restructured the department in 22 order to increase supervision which is very much needed. He 23 mentioned that the Multipurpose Center is a gorgeous building. 24 25 Mayor Feliu opened for public hearing at this time. 26 27 Mr. Craig Sherar, a' member of the Budget Committee, 28 mentioned that the committee' spent long hours looking for 29 solutions to alleviate the deficit situation. Ms. Sherar made 30 some points regarding insurance for employees, police take home 31 cars and motorcycles. 32 33 Mr. David` Tucker, Sr. addressed the Commission urging` to 34 make the right decisions in order to place the City on the right 35 track. 36 37, Mr. Frank Nickols spoke humorously, stating that he had gone 38 so many times through the budget that he had it memorized. He 39 also urged the Commission not to concentrate so much on the strip 40 club. He ended by telling the 'Commission that they look better 41 in person than on TV. 42 43 Ms. Thelma Palmer addressed the Commission with concern. 44 about the required fees to use the facilities of the Multipurpose 45 Center, which she thinks not many parents will be able to afford. 46 47 The City Manager reassured the Mayor and the audience that 48 nobody will be excluded from the Multipurpose Center if unable to 49 afford the fees due to financial hardships. 50 51 Ms. Sharon McCain requested a response from the City 52 Manager about the police cars in the phase out 53 54 Mr. Lew Sellers spoke requesting an explanation from the 55 City Manager regarding' contract services not detailed in the 56 budget. He also inquired, whether the travel and conferences 57 account would be used essentially in instances such as license SPECIAL CITY COMMISSION 2 MINUTES - September 23, 2003 .�,Y�.'',^11,w.." .�,�"'fr..i�i'r.' �+zi' ;^F�'CE'3 11 1 related renewals. Ms. Davis responded that $20,000.00 had been 2 cut across the board particularly from that account. Ms. Davis 3 also explained that the account would be used for Commissioners 4 going to the Capital and for certifications as required. 5 Regarding Mr. Sellers inquiry on health 'insurance for employees, 6 Commissioner Wiscombe explained that the City is now providing 7 HMO and if anyone wishes to choose PPO it will be at the 8 employee's expense, while in the past, the City offered a choice 9 of HMO and PPO to employees. 10 11 Ms. Yvonne Beckman spoke with concern for the raise in 12 property taxes and particularly the alarm fee which she finds 13 excessive. Ms. Beckman stated that she did not agree with the 14 budget, and she went on with comparisons-she has conducted on her 15 own, between the City of South Miami and other cities such as 16 Pinecrest. On her inquiry regarding the discrepancy between the 17 budget figure published in the newspaper and'the - figure shown on 18 the budget' as presented, the Finance` Director clarified the 19 issue. Ms. Beckman also inquired whether the Richman lawsuit has _20 been included in the budget. Mr. Gallop explained that the 21 $130,000.00' have been allocated for attorney's fees for the 22 Richman case, however, no reserve has been set up` in case of 23 loss. 24 25 Mayor Feliu clarified that the gun law case has been 26 settled: 27 28 Mr. Dick Ward spoke with concern about the police cars. He 29 also mentioned the Richman case not being included in the budget. 30 Mr. Ward urged the Commission to address the Richman contract' 31 before' next year's budget 32 33 Mr. David Fry urged the Commission to work on - long -term 34 planning. 35 36 Mr. Richman addressed the Commission stating that he is 37 prepared to negotiate. He said being confident that, with the 38 help of the City Manager, his attorney, and the City Attorney, 39 the ongoing problems relating to the parking garage can be 40 resolved. Mr. Richman added that the City needs a parking garage 41 and that he is prepared to go on with the project and that he is 42 ready to negotiate with the City Manager. - 43 44 Mr. Cal Rosenbaum, who is also involved in a lawsuit with 45 the City, urged the Commission to deal with reality and added 46 that the City needs a parking garage. He also urged the 47 Commission to allow the City Manager to operate the business of 48 the City since he feels she is capable to do so. Mr. Rosenbaum 49 stated that the City is bankrupt. 50 51 Mayor Feliu noted that the City is not bankrupt by any 52 stretch of the imagination, 53 54 At this point the Mayor closed the public hearing. 55 56 Ms. Davis stated that there is a reason for not responding 57 yet regarding how long it will take to phase out the car program, SPECIAL CITY COMMISSION 3 MINUTES - September 23, 2003 .��. ,.,=S, .. .,� „r+� _,,�. „ , ..,., „- ,-�.-m .� -=,a -, �--- sr .•.�:�. -�; ., .�,, ,tom -�.�, € �s�t�"�::a �,; =.; ,..s'� a,�:^'�°,G"�, �, '�`!'. ;�.. -�. �r �. ..:. 1 since the plan needs to be analyzed. Mr. Oshikoya clarified that 2 the police motorcycles are not being eliminated 3 4 In response to the comparison study presented, showing the 5 expenditures per capita for the city of South Miami vs. 6 Pinecrest, the City Manager noted the danger in conducting these 7 comparisons since Pinecrest is much younger than South Miami, and 8 for instance, they do not have thirty -year, plus employees with 9 salaries with which to deal, the infrastructure is different, and 10 they neither have an aged fleet. Ms. Davis also stated that the 11 budget, in its final form, will have a page outlining the grants. 12 13 Mayor Feliu briefly explained, for the benefit of those who 14 do not seem to understand the relationship between the millage 15 and the assessed value of the property.' Basically, the higher 16 the assessed value the lower the millage rate is and vice versa`. 17 In addition, the Mayor noted that in South Miami the trash fee is 18 included in the millage rate. 19 20 Mr. Gallop explained that the 'increase of $130,`000.00 from 21 $10,000.00 in Contractual Services for the City Attorney, is 22 mainly, for outside special counsel, other than Mr. Gallop's firm, 23 to handle special litigation. 24 25 At this point, approximately 9:15 P.M. the Commission called 26 for a five minute recess. At the end of the recess the meeting 27 reconvened. 28 29 For those concerned with the need for long -term planning for 30 the City, Mr. Oshikoya noted that the City does- have a- capital 31 improvement five -year plan in place. Mr. Oshikoya added that 32 thanks to the collective efforts from staff in trimming the 33 budget, the City will have close to a million _dollars in cash 34 reserves by the end of the fiscal year. 35 36 Vice Mayor Russell presented the revised special events 37 budget which after eliminating $40,000.00 in Christmas lighting, 38 $43,000.00 in seed fund, over $7 <0,000.00_ in special events 39 contributions and $18,000.00 for the Red Sunset Merchants 40 Association, she was able to present the revised budget with a 41 balance of $56,020.00. Commissioner McCrea thanked the Vice 42 Mayor for the terrific job achieving a reduced budget and said he 43 was happy to see the Farmer's Market back in place.` Regarding 44 the contribution to the Red Sunset' Merchants Association, 45 Commissioner McCrea noted that the 2003 South Miami Arts and 46 Crafts Festival was not funded and since that was a commitment 47 that was previously made, he hopes that some funds will be 48 available for future events. 49 50 Mayor Feliu talked regarding the senior citizens, and 51 finding ways to financially help them to get started with their 52 projects for the year.` Vice Mayor Russell suggested to move all 53 the boards under the Commission's budget in -order to be . able to 54 contribute to the senior's advisory board. Mayor Feliu directed 55 Ms. Davis to contact Mr. Walter Harris and Mr. Gerald Gold to 56 find out an approximate amount that the seniors would need to get 57 started. SPECIAL CITY COMMISSION 4 MINUTES - September 23, 2003 t5,,,�LSaaaT3fi.. 1- 2 Moved by Commissioner McCrea, seconded by Commissioners 3 Wiscombe and Bethel to adopt this ordinance in its entirety. 4 5 There being no further discussion on the amendment to adopt 6 the millage rate at 7.373 mills, the motion passed by a 5 -0 vote. 7 8 Vice Mayor Russell; Yea 9 Commissioner Bethel: Yea 10 Commissioner Wiscombe.: Yea 11 Commissioner McCrea: Yea 12 Mayor Feliu Yea 13 14 15 Ordinance No. 19 -03 -1803 16 2. AN ORDINANCE OF THE MAYOR '`AND `CITY COMMISSION OF THE 17 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 18 $131229,818; AND PAY PLAN FOR THE 2003/04 FISCAL YEAR 19 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND 20 AN EFFECTIVE DATE. 3/5 21 (City Manager) 22 23 Moved by Commissioner McCrea, seconded by Commissioners 24 Wiscombe and Bethel to adopt this ordinance in its entirety, the 25 motion passed by a 5 -0 vote. 26 27 There being no further discussion on the amendment to adopt 28 the budget of $13,229.818, and pay plan for the 2003/04 fiscal 29 year. 30 Vice Mayor Russell:, Yea 31 Commissioner Bethel: Yea 32 Commissioner Wiscombe: Yea 33 Commissioner McCrea: Yea 34 Mayor Feliu: Yea 35 36 Ms. Davis' thanked the Commission for their support and for 37 allowing her to do her job. 38 39 Moved by Vice Mayor Russell and seconded by Commissioner 40 McCrea to amend Non-Departmental line item number 2179 (Account 41 No. 001- 2100 -519- 9910) entitled Contribution - Special Events, in 42 the amount of $6,020.00,, the motion passed by a 5 -0 vote. 43 44 There being no further discussion on the amendment. 45 46 Vice Mayor Russell: Yea 47 Commissioner Bethel: Yea 48 Commissioner Wiscombe: Yea 49 Commissioner McCrea Yea 50 Mayor Feliu Yea 51 52 Moved by Commissioner McCrea and seconded by Commissioner 53 Bethel to move the boards under the City Commission budget, the 54 motion passed by a 5 -0 vote 55 56 There being no further discussion on the amendment. SPECIAL CITY COMMISSION 5 MINUTES - September 23, 2003 ,."3,P1 ' ' ' " tii° sr �°�;.<,9'4%. x.+.'•.. 1 2 Vice Mayor Russell: Yea 3 Commissioner Bethel Yea 4 Commissioner Wiscombe: Yea 5 Commissioner McCrea: Yea 6 Mayor Feliu: Yea 7 8 At the opening for public hearing to discuss the pay plan, 9 only Ms. Beckman spoke, again expressing disagreement with the 10 alarm fee. 11 COMMISSION REMARKS 12 13 Each Commission member was afforded an opportunity for 14 comments. 15 16 Commissioner McCrea spoke on the importance of setting long 17 term goals and to continue to evaluate the performance level of 18 each individual department. 19 20 Commissioner Wiscombe concurred with Mr. Fry on the need for 21 long -term planning, even though the City has a capital 22 improvement five -year plan in place. Commissioner Wiscombe 23 stated that he felt relieved to have -a City Manager whom he could 24 come to with confidence, and that every time that he has brought 25 an issue to Ms. Davis she has tried to address it as much as 26 possible and that he really`` appreciates- it. Also, Commissioner 27 Wiscombe reminded Ms. Davis to follow up on the take home cars 28 issue. He also added that he would` like to have the alarm fee 29 phased 'out:' 30 31 The Commissioners briefly discussed the outdoor seating / 32 dining issue and some of its impact on the City. Commissioner 33 Wiscombe noted that there is some ambiguity in the code as to the 34 language relating to outdoor seating /dining and urged staff to 35 look into it. 36 37 Moved by Commissioner McCrea and seconded by Vice Mayor 38 Russell and Mayor Feliu to reduce the contingency by $6,020.00, 39 the motion passed by a 5' -0 vote.` 40 41 Vice Mayor Russell: Yea 42 Commissioner Bethel: Yea 43 Commissioner Wiscombe: Yea' 44 Commissioner McCrea: Yea 45 Mayor Feliu: Yea 46 47 There being no further business to come before this Body, 48 the meeting adjourned at 10 :15 P.M. 49 Approved 50 51 52 Attest 53 Horace G. Feliu 54 Mayor 55 56 Maria M. Menendez 57 Acting City Clerk SPECIAL CITY COMMISSION 6 MINUTES - September 23, 2003 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION 5 OF THE INTERIM CITY CLERK AS SIGNATORY IN CITY BANK 6 ACCOUNTS; PROVIDING AN EFFECTIVE DATE. 7 8 9 WHEREAS, with approval of resolution number 163 -03- 11713 by 10 the City Commission, Ms. Maria M. Menendez was appointed the 11 Interim City Clerk on September 16, 2003; and 12 13 WHEREAS, Section 2 -8(d) of the City of South Miami Code 14 provides for the City Clerk to sign or countersign all City 15 checks with the City Clerk or the Finance Director; and 16 17 WHEREAS, the City Administration wishes to forward Ms. Maria 18 M. Menendez' signature to all the banking institutions currently 19 used by the City as replacement to former City Clerk, Ronetta 20 Taylor's signature. 21 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. That the City Administration is hereby 27 authorized to provide Ms. Maria M. Menendez with the appropriate 28 documents to facilitate her signature appearing in the City bank 29 accounts. 30 31 Section 2. That this resolution shall take effect 32 immediately upon approval. 33 34 PASSED AND ADOPTED this day of , 2003. 35 36 ATTEST: APPROVED: 37 38 39 40 INTERIM CITY CLERK MAYOR 41 42 43 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 44 Mayor- Feliu• 45 Vice Mayor Russell: 46 CITY ATTORNEY Commissioner Bethel: 47 Commissioner Wiscombe 48 Commissioner McCrea: 49 u SovT CITYOF SOUTH MIAMI South Miami 0 bftd 4 Excellence, Integrity, Inclusion ASAMMUCIP c - r� INCORPORATED 1927 ®- CpRt9 2001 TO: Honorable Mayor, Vice Mayor DATE: October 7, 2003 & City Commission f FROM: Maria V. Davis ITEM No. City Manager Pik, RE. Approval of Emergency Expenditures due to Hurricane Isabel threat. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE 1000 FEET OF DISCHARGE HOSE FROM AMAZON HOSE AND RUBBER COMPANY FOR AN AMOUNT NOT TO EXCEED $11,884.00 AND CHARGING THE DISBURSEMENT TO ACCOUNT 110- 1310 - 513.6430 TITLED HURRICANE FUND OPERATING EQUIPMENT; AND PROVIDING FOR AN EFFECTIVE 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. 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. In an attempt to prepare the City to deal with the possibility of flooding, trash pumps and discharge hosing were required. Trash pumps were reserved for rental. - However, the trash pumps are rented with only 25 feet of discharge hose, not enough feet to reach` discharge areas. Therefore, 1000 feet of 6 inch hose was purchased to meet the City's need. Fortunately there was no need to use as Hurricane Isabel took -a different path. The hose will be stored at the Public Works Department for any future flood emergencies. Because of the emergency, Amazon Hose and Rubber Company was the only company available to commit delivery before the storm. This resolution seeks approval to disburse an amount not to exceed $11,884.00 to Amazon Hose and Rubber Company for the purchase of the discharge hose. RECOMMENDATION: I recommend', approval. 1 RESOLUTION NO. Z 3 A RESOLUTION OF THE MAYOR AND CITY 'COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO PURCHASE 1000 FEET OF DISCHARGE HOSE FROM 6 AMAZON HOSE AND RUBBER COMPANY FOR AN AMOUNT NOT TO 7 EXCEED $11,884.00 AND CHARGING THE DISBURSEMENT TO 8 ACCOUNT 110 - 1310--513.6430 TITLED HURRICANE FUND 9 OPERATING EQUIPMENT; AND PROVIDING FOR AN EFFECTIVE 10, DATE 11 12 WHEREAS, The City Manager is responsible to maintain the 13 safety of the entire City prior, during and after an emergency; 14 and 15 16 WHEREAS, To prepare for the possible water damage threat 17 from 'Hurricane Isabel, the City purchased 1000 feet of discharge 18 hose from Amazon Hose and Rubber Company; and 19 20 WHEREAS, Amazon Hose and Rubber Company was the only vendor 21 available to commit delivery prior to the storm's arrival: and 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 24 OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. The City Manager be, and hereby is authorized to 27 disburse an amount not to exceed $11,884.00 to Amazon Hose and 28 Rubber Company: 29 30 Section 2. That this disbursement be charged to Account 110- 31 1310 - 513.'6430 (Hurricane Fund Operating Equipment) 32 33 Section 3. This resolution shall take effect immediately 34 upon approval 35 36 PASSED AND ADOPTED this 7th day of October 2003. 37 ATTEST: APPROVED: 38 39 40 41 CITY CLERK MAYOR 42 43 -READ AND APPROVED AS To FORM COMMISSION VOTE; 44 Mayor Feliu: 45 Vice Mayor Russell: 46 Commissioner Wiscombe: 47 CITY ATTORNEY Commissioner Bethel: 48 Commissioner McCrea: 49 L,:?M-'FY3t�"�`w��•}?',.v -- x7"°..;°5 fi:��F.,, .:�4`�..- �+'.l.rz _,75^,xa .a'Q'k`*4„F€; -, s;uz?�;'r.�':�,r- -;.,x �,�,. .,,- „,u.�:,. -rte, ..�5 -:.r- C(Dply CITY OF SOUTH MIAMI M5081 = 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663.6343 fax (305) 663 -6346 PURCHASE ORDER Vendor Ship To Name AMAZON HOSE & RUBBER CO. Name CITY OF SOUTH MIAMUCENTRAL 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 61/2" WIDE S/S PREFORMED CLAMP $3.08 $246.40 G600BU 80 6" BUNA N KAMLOCK GASKET $1.54 $123.20 Payment $11.884.00 SubTotal $11,884.00 TOTAL O' Check O Account No. 110.1310.513.6430 O O '.Shipping Date Approval bate 9/12/03 Order No Sales Rep Ship Via Notes /Remarks M5081 (REQ.# CS 1970) L J VENDOR DELIM TQ: 4795 SW 75 Avea m (] 6130 SW 72 Shiest DATE: MENT, OR SERVICE LS ESSENTIAL AND A PROPER REQUEST ADDRESS: PURCHASE ORDER AUTHORIZED AGAINST THE CODES CHARGED. COWWAATION: 1 x`7 3 -�'V & Telephone: fax: Contact name: DEPARTMENT: DELIM TQ: 4795 SW 75 Avea m (] 6130 SW 72 Shiest REQUIRED DELIVERY DATE: ASAP MENT, OR SERVICE LS ESSENTIAL AND A PROPER REQUEST Im 1 HEREBY CERTIFY THAT H ABOVE MATERIAL, EQUIP- CODINO OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF MENT, OR SERVICE LS ESSENTIAL AND A PROPER REQUEST PURCHASE ORDER AUTHORIZED AGAINST THE CODES CHARGED. 1 SUFFICZNCY OF APAROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) = HEAD OF DEPARTMENT- FINANCE DEPARTleNT CICY bfAN F (3 QUOTATION PAGE: 1 F aM : HOSE & RUBBER COMPANY � DATE: 09;12/03 O:UOTE NO. 557025 3950 NORTH MIAMI AVE. PHONE: 305 576 -1$4fl PLEASE REFER TO ABOVE WHEN ORDERIN( MIAMI FL 33137 FAx; 305 - 573.8063 REPLY TO YOUR INQUIRY: TO: CITY OF SOUTH MIAMI 6130 SUNSET CSR.` 'WHGN REPLYING, CONTACT' SOUTH MIAMI FL 33143 VICTOR PJI FERNANQF ;7 L,TtN: KATHY vA2QUE2 rG,�. fc : ,1�G',� --,�G.�- �� C.C. III .nI .lift Dui.. " t1UAhETIT OEM '*'-ION ' . ... 'vwr ft�GE': :; unlrrrrs.j � KrM.K it iFf N.i w4 t R fiKi 4MiGMw rwi. M-M a iY+F xMww fill x i dfi ww't I DELIVERY APPROX. 5 GAYS A.R.O. eiixwwirxwxx�ww� «ftwarfixwf4tws•wtaawfir +wwxsa I 10 1000 HWRD6 i WATER DISCHARGE 9J�a' 8.95 FT 6" 10 150 PSI 4P' Y RUBBER WATER DISCHARGE I I 20 EA, 6 "X50FT CPLD.W!PART C 4, E KAMLOCK j 20 20 IC600ALp e I KAMLOCK COUPLER g 44.90 EA 6" ALUM KAMLOCK COUPLING PART C 30 20 j_:60CAL I �� / 8" ALUM KAMLOCK ADAPTER PART E KAMLOCK ADAPTER 33.32 EA I 40 80 JS217 PREFORMED CLAmp r�0 6 -112° ID X 314" WIDE SIS PREFORMED CLAMP 3 08 EA I 5a 80 G600BU CASK B i 6" UNA 61, 6UNA —N KAMLOCK GASKET �.� .1;54 EA f� f { j i I i I , I I i I I • "' TOTALS » "' EX T ENDEC AMOUNT 118$1.31 F.O.S. SP,FNA,PREPAIG I PAYMENT TERMS +JET 30 'JAYS By +✓' f""" AUT RI2EG 5101 TURF ;�"'�,"•Y.x;: Y :,�i�..'*9m!"�' -� .� �: .tk. � -�"y; r�„�"r., ,','era .r,,.± -; ^'t,�,,�s.., '�f-�; . ;v,ti;: a�^;,^n.'�°�r- , Fxs �s ; .,;:"�";..:; ;,a�* �O 1 2 3 4 5 6 7 RESOLUTION NO. 8 9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 10 SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 11 REPEALING RESOLUTION NO. 131 -03- 11680, ADOPTED SEPTEMBER 2 2003, 12 APPOINTING ROBERT A PARSLEY, III TO SERVE ON THE 13 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD AS LANDSCAPE 14 ARCHITECT FOR A TWO YEAR TERM ENDING SEPTEMBER 2, 2005; 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, it has been determined that Robert A. Parsley neither resides' nor works in the City 19 of South Miami. 20 21 NOW, THEREFORE, BE IT. RESOLVED BY THE MAYOR AND `CITY: COMMISSION OF 22 THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. The City Commission of the City of South Miami hereby "repeals the appointment of 25 Robert A. Parsley, III to serve on the Environmental Review and Preservation Board as landscape 26 architect for a two year term ending September 2, 2005. 27 28 29 Section 2: This Resolution shall take effect immediately upon approval. 30 31 32 33 34 PASSED AND ADOPTED this day of , 2003` 35 36 ATTEST: APPROVED: 37 38 39 40 CITY CLERK MAYOR 41 42' 43 Commission Vote: 44 READ AND APPROVED AS TO FORM; Mayor Feliu 45 Vice Mayor Russell: 46 Commissioner Wiscombe: 47 Commissioner McCrea: 48 Commissioner Bethel: 49 CITY ATTORNEY 50 51 52 53 JAMy Documents\ resolutions \Resolution for ERPB Landscape architect.doe 6N soury CITY OF SOUTH MIAMI South Miami Ail -AnWea City Inter- office Memorandum t ' .. 1I INCORPORATED .1927 ®. O R SO A 2001 TO: Honorable Mayor, Vice Mayor DATE: September 8, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. City Mana g er ` RE: Authorizing .t. he C ty Manager to Enter into second amendment to lease agreement with Miami -Dade County for the use of City of South Miami building located at 6121 SW 68th Street RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO SECOND AMENDMENT TO LEASE AGREEMENT WITH MIAMI -DADE COUNTY FOR THE USE OF CITY OF SOUTH MIAMI BUILDING LOCATED AT 6121 SW 68TH STREET; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: On March 15 1983, the City entered into an agreement with Miami -Dade County for the use of the City building located at 6121 SW 68"' Street. The 4,555 square feet space has since been used by the County for the purpose of conducting the Headstart Program under the supervision of Miami -Dade County Community Action Agency. Since 1983, the agreement has been amended once (March 15, 1985). Following a review of our annual cost of providing services to the building, our cost was estimated at approximately $40,000. This includes' the cost for Utilities (Electricity, Water and Sewer), janitorial supplies and services and cost of contractual Extermination Services. After much discussion/negotiation with the county, the county agreed to pay for all utility, bills (Electricity, Water and Sewer), cleaning supplies to be used at the building and contractual exterminating service fee, effective October 1, 2003. In addition, the county will continue to pay the $22,000 annual rental and the county will occupy the entire building ` space of 5,460 square feet. The negotiated amendment to the ,'agreement will reduce our expenses by approximately $18,000 a year. Page 2 of 2 Comm. Meeting Agenda October 7, 2003 RECOMMENDATION: It is recommended that the City Commission approve the resolution. ATTACHMENTS: ❑ Proposed Resolution. ❑ Proposed Second Amendment to Lease. ❑ Copy of Agreement with Miami -Dade County. ❑ Letter from County Manager requesting for lease renewal. 1 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 SECOND 5 AMENDMENT TO LEASE AGREEMENT WITH MIAMI -DADE COUNTY FOR THE 6 USE OF CITY OF SOUTH MIAMI BUILDING LOCATED AT 6121 SW 68' 7 STREET; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wishes to 10 lease the City's building to Miami -Dade County Community Action Agency for Head Start 11 program; and 12 13 WHEREAS, by Resolution No. :R- 179 -84, adopted by the Board of County Commissioners on 14 February 2, 1984, the board authorized an amendment to the lease executed on March 15, 1985, 15 and authorized pursuant to Resolution No. R- 305 -83 between the above named parties for that 16 certain property located at 6121 SW 68th Street, South Miami, Florida and consisting of 17 approximately 5,460 square feet of air - conditioned space; and 18 19 WHEREAS, both landlord and tenant are desirous of amending said lease to increase the rent of 20 $22,000.00 annually. The tenant shall maintain and purchase the electricity, water and sewer, 21 exterminating, emergency back up lighting and cleaning supplies to be used by the tenant. The 22 landlord will provide the manpower for the janitorial and custodial services necessary to maintain 23 the premises, with the tenant supplying all the necessary cleaning supplies. The landlord will 24 continue to maintain landscaping of the premises; and 25 26 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA, that: 28 29 Section 1: The City Manager is authorized to enter into second amendment to lease agreement 30 with Miami -Dade County for the use of City property located at 6121 SW 68t" Street. 31 32 Section 2: That the attached second amendment to the lease agreement between Miami -Dade 33 County and City, be made a part of the resolution. 34 35 PASSED AND ADOPTED this day of , 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 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: SECOND AMENDMENT TO LEASE BETWEEN CITY OF SOUTH MIAMI AND MIAMI -DADE COUNTY FOR 6121 SW 68TH STREET This agreement made this day of October, 2003, by and between the City of South Miami, "Landlord" and Miami -Dade County, a political subdivision of the State of Florida, "Tenant." WITNESSTH WHEREAS, by Resolution No. R- 179 -84, adopted by the Board of County Commissioners on February 2, 1984, the board authorized an amendment to the lease executed on March 15, 1985, and authorized pursuant to Resolution No. R- 305-83 between the above named parties for that certain property located at 6121 SW 68th Street, South Miami, Florida and consisting of approximately 5,460 square feet; of air - conditioned space; and WHEREAS, both landlord and tenant are desirous of amending said lease to increase the rent of $22,000.00 annually. The tenant shall maintain and purchase the electricity, water and sewer, - exterminating, emergency back up lighting and cleaning supplies to be used by the tenant. The landlord will provide the manpower for the janitorial and custodial services necessary to maintain the premises, with the tenant supplying all the necessary cleaning supplies. The landlord will continue to maintain landscaping of the premises; and NOW THEREFORE, in consideration of the restrictions and covenants herein contained, it is agreed that the lease is amended as follows: -1. Effective October 1, 2003, the yearly rent will increase to $22,000.00. 2. The tenant shall maintain and purchase the electricity, water and sewer, exterminating, emergency back up lighting and cleaning supplies to be used by the 'tenant. The landlord will provide the manpower for the janitorial and custodial services necessary to maintain the premises, with the tenant supplying all the necessary cleaning supplies. The landlord will continue to maintain landscaping of the property. In all other respects the lease entered into on February 2, 1984 and as modified on March 15, 1985 shall remain in full force and effect in accordance with the terms and conditions specified therein. ?- +e.�z•?r-?, n .-a ,..- +°,.,...; T rs';'F*, ,.'.;; ,u , <-= naPnz.?+. W, IN WITNESS WHEREOF, the landlord and tenant have caused this second lease amendment to be executed by their respective and duly authorized officers the day and year first above written. (Official Seal) City of South Miami, a Florida municipal corporation By: By: City Clerk Maria V. Davis City Manager (Landlord) (Official Seal) ATTEST: Miami -Dade County, Florida by Its . Board of County Commissioners Harvey Ruvin, Clerk By: By: Deputy Clerk George M. Burgess County Manager (Tenant) 0 -0!t,5 200 :3 14:02 FAX 30537:51157 C.Sz REAL ESTATE X1001 MIAMI -DARE COUNTY, F- OR1DA h�ledk�i IR[! .90 Wilk# STEPHEN P. CLAARR CENTER QENERAL SERVICES ADMINISTRATION FACILITIES LITIL:ITiES MANAGEMENT bNISICN REAL ESTAi E SECTION SUirE 2460 Septenaber 15, 2003 111 N.W. Ist STFIEET MIAMI, FLORIDA 33128 -1304 (305).S75-1 150 FAX (305) 375 -1157 -V gibola Balogan, Director TAUC Wark-S Dep ent 'City of South- 14iami 4795 S.W. 7 ► Avenue Norni,;Floxida 3315 .fie: Lease Agreement for Gonunuaiq Action Agency Heeh, Staxt Program with City of kSouth Miami at 6,521 S.W. 68 Street E)e2r Mr. Ealogum; As per our conversation today, Mimi -Dade Colmty is prepared to continue paying to tlxe City of South' N-1 9ni the $22,000.00 per year for thLe use of the facility along with the additional morn that was vacated b�y fl7e City of South Mimi and made available for use. Miami. -Dade County, Comr.rxi city Action Agoncy vxill be responsible for the elcctricity, water & sewer, exterminating and cleansing supplies used t'*y be, ,program. The City of South Miami will, provide the manpower for the janitorial and custodial scrkes. 'The City of South Mimmi wilt. provide the landscaping services. S -lflald you Iamre any questions, please telephone ;rte at 305 -375- 1153. S -inCerely T:�r�la L.la.3o ClUE RCal ESWC Qfficer ca--:line Robinson, CA.A dead Start Director UU /110/21)03 11:55 FAA 3053751157 GSA REAL ESTATE IGiUU2: -`U1' MIAMI-DA0, E ,'.'0U ITY, FL 111 1VI1AM 6-D,ACf . , �' ` MAY STEPHEN P. CLARK GENTt~R . > .... OFFICE OF COUNTY fifiA[VAGaR SUITE 2910 111 N.W. 1st STREET MIAMI, FLORIDA 3 2126.1594 ;305) 375.5,1 i CELTIEIED MAIL: # 7 f 11l y_ ,,1 n.� n I 8, 9 6 4 240 August 2, 2002 IVIi . C aarles D • Sciirr Chy l,lanager. Cit-r of South "N/ji=- i 613~ Sunset Drive ?uliar. -a, Florida 33143 RE: Renewal of Lease Al,;r=n,'=nt for CortunUnill�' S 4rvice "enter arld Bead Start Center located at 6125 S.W. 68 Street, So. %liana Property ;#`4025 -00 -f 0 De,,r'' &. S curr: d � _ — ratim, rr7;r Plf ase be a6vised that pf_irstl ant 'to Article •V11 of the lease agreement entered into by;?r�ian�i- D,.de- Coumv- dated lviarGh 15, 1953, Miami -Dade County is hareby exercising 113e option to re!a� - -w for an addi€ or,.a.l one (:) year period. , r I :ae re17�.Vlal I 1�riod will comiarnce Jf31nluy 1, 2003, subj act to the same terms and :,onditions. "lae G=ent a �nllal rental of ;102,000.00 paid in one payment, shall famain tbt Swne, unless notned by the City of an inci ease used on fhe actual costs incuuTrred for castodial;' evIeumilating .;erg "ice and util:ty•expemsea _ � 3�nLerelv., rr,, 4� rl,p �'r.r • _ Steve S liver County YIanag,. r ��+tdor: pc: Ophe.3ia l Brawn, Bxe.•utive Directox, Corr mauu ty Actiork Ag5ncy 'X'mia ].:;lacy. Chief Real Estate Officer, GSA GC Barba.'± DLmlop, Proper -y and Casualty h'lana.aer, GSA Ref Flay 5L, 'i•, wa, J. Director, Clerk of the Board Z I3 L1�7�2 "i�et eT, �R.'. -J ESta':C dicer, QS Ai v ;•Lr• / t „,� • 'il .. +'ns`ec''. ��`?.�. ,:,,� : ";F ,.., m�„, *� „m.,,:rn: .- 3Y"';;:v.'^., ,xvr s..;,u s °.-:.n. •wa :,!s,+a °"'•sxy'„+45?;...' ,YW;ry.. "TF. 09.19/2(103 11:59 FAX A053751157 GSA.REAL ESTATE X003!017 Agenda Item No. 5 (e) (i) _ 2 -7-94 RESOL. TION �•�).=- rF�-•• PLZBOLUTION A TTND. 1ZIN(, �:XECIMO,a Cb A RE7F. 1ACiISlE AMEPI'OMIr, TO THE ':EA,SI: A 3RESTIENT A `121 5 . W. 6u STRUT, SOUTFI T'.YAPI:I:, WITH THE CT^ Y ^P 50UT3 MIAMI;, FOR ?FEKIEES _O GE USED BY' THE C ''MUNITY ACTION AGENCY FC; '.:"S o]�TVNZTY `:ERVTCE . EINTr -R AND I E.0 31A T ?ROGRAM IFEFR AS, this Bard desia•e to s.r_Complish :.tie pu. °t'ases ouzi l od' In the accoYnpanying w%ac ^and=, a oop;,* cf which 11 iP.ccr- perated herein by re2erence, NOW, TITEREFGP."Ha BE - . RE3 '-7--D BY TIC E0.kR -1 ON COUNTY rrjjArTZS51C.NER3 of DADS CC)UNTY' , that the s Board approves the RebtftSattive Ame:ndrpent, to tha Lam--= Agrevmpnt b. tween Dade lountly and the City of South '�13ni f' 'r Premises t7 to used bS, rte 4aruaunity Action. Agency fOr is Commun_$y Service Centar and °ts i 1,eae.. Start pr:)gram i:� substa".ci,a11. the 'o)rm a`tashed hcrewo Made a part hereof; and authorizes the C= ty manager to �?xec•ate iLn- e for and on behalf of Dade Courty. •I Tte fuz agoing Resoiuti ^n w5s off ._ ;�4 bY, CL.Missjoner Beverlj 71hxlli.ps ;+qho mcvgd it,, sdoptior .. The motion fora °a ,Eeonded bf Cohm.�Ssjonex �r°� �a .' � ' P.-nd UP= i _bk1:ng; put to a vote, the 4T'dta w a: as 'Ca..ows Barbara M. Carey Aya Clara 'Oests Za Aye Beverly i. pblllips lky .fannies F. Radford, jr. Abaamt fiarvey 'R °at in :.bend Barry D. Schreiber Path Shan:; p "� Jorge Z. Valdez Ste,-hen P. Clark ,y•! i ehe ^ "_ayor G1-;ere1pan. de 3axed the Resolu.tio., d• ?.y t'a s2d 2nc? jdc�Ftvd th7: s 7th day o£ February, 19r4. ' DXIiE CUZvTY, 7 10RIDA BT 1118, B.IOA]gD' C-F u4J1Y.+•f...44. RICHARD P. BR III-I?, CLFRx Rr`.4L•`• 5�� u,ri4.P. j? -pr w° d by Co'n-.y At'F'C7rrq ay �n•'I ^�` .• •< t�T jG'^n and 1,-a'ai saff icienay,. +� r e�xty e•°k zT .a- ,-.-- .^•�...,..,a;:+3c.,., :,-."'.,.';SFr, ".^,a°-•.r� -•�-� .-.:, m:..- ar. e; „: .' ?'•.; :”- ^i.,;..:''sh".,.n..,, .. Ov19112003 11:59 FAX 305:3"x51157 CA,.A REAL ESTA-E 004 t;1'7 This ILgreement made �hi ,c day 1F7,vyty and dctwean OITY C, SGJTR called the "L NDLOt'1" and 'DIADE COUNT_', u �." S.icai .'abdiviaS4n of the State cf. X'lorlda, :�ti� ? °eira�'1;ey c�a] -ec tie "TEIVANP,� . W I T N'E ``'' E T '4: ia��'REA3, Dy. R =.solute N:. i� ,D =P3, adcntedy the i�aard of County i,v,:missioners` on I�apcb lF . the Board authorized Lease bet',; t - above namei pa °x Its f 'r that certLjjr-- praperts laoeted, e 0=1 5'W. $$ 3treet,'Sr.1t1'. All m;., F'- ox'Ida, and cors 9 s•uare .fe0t of Lir•--'ond'_t3:n7ed space, Find Ci.'.' epl?I'QX1�f6G.tE u , r..�'�J � Wt:TW EA5 both LANDIDRD and "'TN.4111 ' are dek i rous of amending said L.4se to incr &Ese the total c cat of au_'t d' 1_ arid utilItV °cr`li;.E.s "'?'or, $15,662 -CD which ' ;q;lal to "gUare ytaot or'... ion . nn,..al bas i'5 -.o $17-11i5-CO oar SEil Which is Equal 5Cf4,ii. oct on an anniiai basit, 5ad'a 'laTrler 1 sha.11- adit tiC al-'Iv �rclWciF exterminarXne e,Grvites, Th': cost li`.curred bZ "lz_ L!Nl~IU L 1'G_ :tod.ial, uT,:tj ty and 416terminE _inn services s'aaa1 ce 7Y G•- iatP?a 'k r. "aement is Cu.Z1.Cl^: 1. ],E tl. eiE try XAN ems. 5.i!flli. Dial ail. -1: ']C erpQ Tedncti back -lip lighting; 8nc' WHEREAS, by Reaoj.ution Nu. /'7 �� -�� } e'adop-�eCS :: °? t} ^e 3ca•_d of Cour_t�, (.�r ^mierion2r.. h1 a! "G}aCri�eti. the ar:,endir� t;tl'tl, IMIE, +'ORE, in conr i_' location of l it re:itri viruls ;Lnd mod, ' 4 ie agj,6L&.5 1 11t Lh_ 3ald. _erse is L-jvendea a-3 fnllowD 17':rrC�iJ_ 7a1:a_ °j y„$d'!j.Ct-jui 'L CLWrQr1$1 i: :d utila` j. v,rv,::es wi.11 ia_cr wse °zoom —, �, X02 UC which i. erjJd'_ to $3 • � y - I. fQot or,. all .•iixual- has_^ and sai,ci T pn�er:t 1.r s1i. {ors eervace... i e '.CENAN'n .sljtll ,nal_ntain MerSeTjIV 1:acic -uc 2i�ht_3 -ip, nro_T-•jtad 1,4 the is v. , -`a:. , ".. ,!....... , M ..- vi°'.'.1` -"' .. a'�.-^mS;'AT", _^"': 3i;;"T. ,�.. T r v.•— r.inr >"°° 09,,1V2003 12:00 FAX 3053151157 GSA REAL ESTATE � Qp5i01i I �i1 other rea 4:t; the sz9,d: I ee,se sb,"l reM3tr_ t-n fU' 4 force alld &.r;,ee -aith the tdrftls ..ricl c:Qndlti�nS seer lfI e.'d' 1yberei IN WIT11,ESS WHEREOF t, -.1 .LANDLORD and TrNANT he.ye caused tnis I,eabe:Amer.�:ineny t:o be execet�d uy their es�ective and. duly a�ahorized af'.�ice +'� the day And yW fir5t abefw WrittEn. (OPP -CIAL SEAL) —.. C r Y OF SOLI TF M =AMZ f3L r ',t C�•.rk Us.131am E Goawir_, ity manager (LANDLORD) M l ° °• • y c ;�t n o pt "iS-ST. DAL:E COUNTY, FLORIDA n r.3x Iwo BOARD OF RICFARD P. 'I RINHER, CLERIC Gouid v GC "d!�IZSt�:UNi� a t Man t�Eel° Deputy �Deputy 1)9-19`2003 12,00 FAX 3053751157 GSA RE -�L ESTATE �4( }� oi" STATE, OF FLORIDA COUYN OF DADS I, i?IC:H_4RD P. BRINKER,'Cleik of the Circuit Court "ift and for Dade County, Rimids, and Es- Offieia Clerk of tho'toard of County CmmmiZsioa @r6 of said County, DO URREEBY CERTIFY that the ;abctie aad foregoing is s true and correct COPY of Resolution No. .R_y1 -8A adopted by the said Board -of County Commis sinners at its meeting held o Pe 7 012 i9 IN WITNESS WHEREOF, I h�jve hereunta set ray hand and official Seal on -- YS da this 4 t y of Fehr t€ y A. D. 19 84 .. _may RICHARD P. DRINKER,' Ex- Offida C15'y Board of County Commissioners Dade County, Florida ' Deputy Clerk, SEAL ! 1 Board Of County Commissianers Dade Comity, Florida (19/19/2003 1 : GU FAX 3053 7 51157 GSA REAL ESTATE 007/0 17 Agenda Item'ub. (7) . . 3 -1583 F,FSGU,irON NO. R- 505 -83 HEk OLUTI. N AU ^_HORIZ iNO nE CU-'IDN OF A RETROACTISJE' LEASE a GMMMENT AT 6128. W. 5 3 STfiEET, 50liTN +1IAPI3, r1ITH T F, CMY OF 800TH MIAMI, FOR PRE11ISSS 2'c BE UoEb BY THE COMMUNITY ACTION AGENCY 'FOR ITS CON91LiW12Y SERVICE CENTER AND h'E'A.DSTART PROOFtA14, AND AUTHORIZING 'GCUNTY' MANAGER- TO EXERCISE REVEWAL ArD GANCELLA�'_ION PFOzir IC:�S CONTAINED THLREy1S 'rrliE7MAS, this board des :res to aecomnlish the purposes outlined in zhe a;companyinE memorandum, a copy of which is incorporated herein by ref er enoe y NOW, THEREEMiPh, BE 1T RI SOLVED BY THE BOARD• OF- COUNTY �OMM LSD WCNERS of DADE 0010NITu',, FrrCRIrA, that this Board approves the R.etroaetive Lease gree,;ant i etween Dade County and the Ofty of Svu, ) ;Ul q.jT, rort pt'c;niises to og u fit, by the Community Action AgODOY for Community service ^erifer and its Heads art 'Frogram in substantial "y' t ;he f ✓f'n attached hereto and made a pRrt Hereof; a.l~ nori..%ew the Cai my Manager * execute lame for f.nd on bs)ia,lf of Dace County, and to e:xerc. >se _he renewal and canoel:lation Pravilions contained the7'•e1;i ac `s'oreEOinc :i GSrluti0:1 was of erect by Commis3iarler Clara Oesterle who moved its adoption. Thy ,rot'_.on was seeandeci L7Y Cormissb one,".' M. Carey and upon bei ^.E put to a vc:te, the r;.:te was as ri�i$OwS3 �` Barbara M Cai ey Aye Clara Oaz7evle Aye Bever, y B. Aye . i amen '17. _nf[rYu, ,fx o Aye - Hdrv.y P'Uvin 'P�bser_t 1'aur.:y D. Schreiber A)'e Ruth r. Ilea:~ Aye 7osge E_ 'Ya:lcrec' Absent a rlep'nen Fr. . C'cI'k Absent M)e Mayor t'here, p,= deo Lared the peso'_uticv. duly ras5ed and adopted °kris "1 th day of Maxah, L983. DADE, COUNTY, PLGRID Bf ITS BOARD OF CurrIVTY ,GOXMISSTONERS RICHARD P. BRAN_. EZP, CLERK A pro . e d ;y c ourt%% � �� waa form and legal ss ie_cn�y, D at y Clerk 03:Lp;'2003 12,01 FAX J-53751157 GSA REAL ESTATE X0108 ".017 LtASE " Piil'3 ..EP.5E AGRESENENT, made a:4 entered i:�t❑ *ri lst &ay of . February Zg83 , b,1 and between the =2 OF SOUTH MIAMI, and .LAP �^ ;, an pere3naft�r ref'vx'xed 4O. as • t]xe "LA ?uDLQRD" , F ('VGN � r orpnuriity Action ASer ;yr 5 Head StErt !�rG¢5`i'ai11� 817d.., ;Gmsnu:zi�y. erv: -ca Center) a na:�itzca7. SubeLv�sion a vYtE State of 81„-,a da, het-e iafter refexred zs the 4TENANT" SETH That the LANDLORD fOr and in ccriSidej�atjon of the -'rstri('. td.en5 and coveian's herein cc::t.%j ed, hereby leases to the TENANT, and the TE14ANI heYeObY Eg:'ees to hire from the LANDTOn- , the prem�wes Teser•ibed ae :: )1h1cwt,: -• ppr ix ?en>at ey 4, 5 -�5 saas.re feat Of .cl3ssroori and ipen spare at 6221 Sc>uthw5st 6 z-h Street, �btl''. Tai ?il, P'1criLlb' T". .i..' +i 14D TO HOLD unto the 5aid'T'enant for a °ter:T1 Of one !) » =n�v, cr=cnc:Lng Jarivar,,i _' 19B3, and termrnet..ns Le_:Ginb °x' 31, ThE TlPNP1T shat" .Pay. to the LANDLORD the som of $15,662.'JO P 1SE ix?%? C' t.. a ;, t'P.C2T EIt` , as reimbu: s em for custcddiEl and zt.�].; *y' cosfs iTi red -ay' the LANDLORD. Said payr._Ent in the amount O Y1-5, 652. G0 -511F11 be n1lC Vin(. paysble at the CUIIlnencement DV this The : Est ir_rn.Arred by the LANDLORD for a za todial an tJ r,? iii,es hr 11 be p *4'•'a ed if tj'.e Agreement '_ a,'nDeiaEd. TT iS �l Hi'iEn. ,titi nt:;.Li, �7I,TDERS'TOOD AND A RED BY THE 4.?TI LE I USE DMISED PF- r- MISIES shill h i •xe -.hs eYclu5ive use cf the space ftari7lg t3,e' ,erm ca ,i 1t= I.ea;sz dvxi ng the no-ars from 7:30 A.M. until '5:30 P.M. �enaay t,,rcugh rri 4ay c mach � =e]., shcl °isitir- of scheduled aehaol holidsy�- n9:iV,-"003 12:01 FAX 3053754157 ;'SA REAL ESTATE 14009/017 ae 7 c�verey by t ais Lease Agre6m9nr 5h4B.11 be Used " OLa'J :sively for Fur•Fosa of.., :,,r luc't�ns the laAL v?A7tT FROG rs1, arty Wh e OOi Y u7xTmy ;rFRVXCE Ck:JS�F, az.a r Ca.T= pity A -tior, A °G.rc by the fi'�P.Iv7, and na c°Y.e; purrs: e, >.nd shall not xe, used for 2tzy ir�eS1 p,irt jSe cv in su1 h a manner as to D(. *istitutP 3 ? u.'s7.r1ce' Ordinary custodial s =s�viaez' trash "emc)Val and 11tiaities, ynclu.dirg air oxiditioniri6, ±f- installe.t in -th," build'--n;, sh3:.1 be wurniebed by tt.e LANDLORD. Tree LANDLO'ED will be respop.s'ibl- fc:r rlainte .arce ter.. Fepair^ a °}: C T :'k? 1c3ir 7 and Insin- e"'r_,ance re,ju:.r By vri the NF"rr 21nd or M2LjiCiDliB de! :;iLlLtiOr,_, ,of I'eSralLa,l� Cc:.i';u^ncy ty the `T..'VIANT, and _tS agent4 and employees. `F,1.x'1FLN2 5't3?71 7:1:1':.BiY. ;c.I':.7 ":d t1i•,�t,fl'Irl 0 vhis w„3�irad. b,, f " -,at7t e" - 440, Flcx'ide .Statu ener':l Liabil.i i i y, L7251 ±' 7 „le c u a It a� �lrits- 6� l iab: Ut' _ :ha-- t y _ . .,ran init he$ b=een waived tv ''lorid2 3-ua.l Lyab�`i't':y Ynsur�G� cvv =iin ia`y�ity jnS out of the ',ezrr;S of tl.i, agr•eer,ent °.c the _zian.,t rrd limlto o; l .' jabilit3' 1«• at tart'1ru'r �niuy ,jaB been waived by i'lcr' -da Stctliv '3. d. r,t « G ic,..j _:e LiabiliGT InsiArance c nve_ ir_S 211 0'11 - d, rc moo: «ned, and hi:,e 3 vehlales rased i conr_ect or. ili:h v,,,,r.!c .�lder till3 Agreement, XT, re uired b. t States , a ^ to tyre extent frill lima _ F ,y u:iat to: t imnu -! =t y X755 Qtr. i1 lviirV l j tJ,. atilt rp1'ICL❑ Ili Tnc. �i .,N-: N�_ j--- ere:;y agree to i^demy-lify ar d Sr'T :e tt L.ACHD ' arml° , NDL, LL s° wX:ent o the 1i! iictier; ir�lucJe� rr_� , . -1 �lc� .G:� 5T,_�•�fie; Jec. . +1. 7cF..2�, 'r.qm &...y ana all Gla it t l_3'Li .ity, ;s�d4 a of ar '_.o*is wY: ch na. Zri .531 =1y Out Of the 'T Nki c the TBITANTIE 3r,.tivities to the uern�se.i sxL?l1LS:?s !OV7P.'P. °._ nC� =' tii�3 2:tw P_ 879,11 it�Re71^11 r the n1L' '_1nD' for ee1, ':. i lit3* °7 whim arising c it c� ,he Pe. forr,,P -xCe >~ pa, �'Dis"oTmG Ice T•EcUJ ell .'+ e L'INDL Rr; ur.�de_ t. Ms Lease :.1r�.r z. c i F:r.,Cen'ient ,.r _cm t t reEr,.' Y °,Ge, �„`., .,'vim' s.r^.,?rr^,..1zrr�-, �.- =`raw°' „r,;,.: .!;�n7.• ;f.. :,?''?P"n; ;`�ar;� ^''� ;r,.m^r .:.°.:,,,. :+ `,"';,•' ..�a'.-r^:.',s: .;ft' -",, f;'. 0,q/19..,2003 12:01 FAX 3053;11157 GSA REAL ESTATE_ U:uitl 4 , ARTi �3 P ALTS 'Ct 3 ;d�111 m-�wt ^' 8: Tlakc-, ...7.;;¢ "PL$171e• non The _i�lYfi�l4 ?1 Y _ ac1r13Mj�TU oT iT7prpve ' zrs~s the 1r .rter snent5 :n he p76 1- : „Q.emer s dcnde ^: i t e ANEI�QR7. 4l1 eiditia *:S9 fixt'ires, or 1rrlP- rr• 1'.,PYiL''uG to r� *D ^r: SnC1 O;�iC2 I''irTAj -4ea r7.i:.: I�Xtu p but .•.t i 5hali rF ar'e readily rema;ratle wit --nut ir�5 . 7 to the p*cKi�e� qn j re:1•air ,a T,ar+t, Of tr.e pren1-18as at the expl'''.=t O l CIS 'DI" ✓eS�• 8u�iet :4v Lhe above, an ca''pet -n�; and rer. ?avF -b'le part'iti ,r�any Insia, led by rht: TENANT kit?��r_ *YI° itemised rrczxivec a!aa11 ^emai -i of "EidANT's p perry and raf he rMOVed by Lne '.4 I upon t e exxir t,�. n • Agreement Qr an '' BnErinc'11 p',:. C v.Cell€�tion L!7el: O r. - r of' the Le Be y r mit, the TENANT must seelrE 3 rtrmit y fl e d�lurla requ:'e bui131'ng pa =it, oti' i° eVelo'�ment of the 'City ay ; 09,49:12003 12:02 FA) *, 30-53751157 GSA REAL ESTATE IsT l�il /U1 ARTICLE VI-' CQTIOAi 0 rUA'tEW ?r©vided tires Lease i s not c,t_ sru2s i n dei quit, the ;1'E�TfT1T, Manager ci` Tiis d =si �r_ee, °_s hereby, granted the th7ough its County g opticn to extend th�s Lease fca> saCaessive one (1) year rerewa veriods up r. the- same tbrms and ;.6ndi�ions. Tea Sys to be negotl�ted at the wime of renew-al by 9'_'Vi•13 the :,kN'DLUTM nctioe in writing at least sixty €3): days ;prior -o tree expiration date of this Lease o!' any ex ens on thereof ARTIvLB VIII 'ANC,ELL�C�ld Tae LkNDT,0RD or the TPN'ANT, through its Ccurty Manager or hi designee; "shall Lave the Tight to cancel this Y eaze Agreemant at —° arb''t3:�e by gi'v;-r., the other Tarty at least '�h�rty (30) days w� °�tten notice prior to its effeotI e date. ARTICLE _X l0= CE I z understood anJ agreed between the parties hereto that wmi tten nctioe ad:;,ressed to T 7NP_NT and mailed or d„aivered to the ,r general Services Ad'nirtisvra ion, � ,x � a stre-et, iierr' , :c:, ida 3313Q, sufPic.ient notice to the TENFrt ", and written net oe addressEd Co LANDLORD, and mailed or delLvered to the &daress of LAND',^FL, 6130 Sunsat Drive, Soul -� Miami I+lorida shall nonce to the LANDLORD', to r_.oMply vtith the 'AYR -' w, of thie Lease. :Vot. -,OaB provided herein in this paraerftph sha11 include :]� r:cwices _'ecuired in. this Lease or required by lair. kDDTZ?ONAL F^r.O ISIONS . The de!rlj.oed premise s are to be used Qy Dade Count; C•c .M 1.IT. ty ,� e gn,, , s' ear , Soart Program for the 'ovi3ior_ of. spave f Or a Ravi Y� consis.t_ng of 1,75C squeLzl feet a ad ; wanununi cJ Newvice Center, ,ervrng the 55id-It5 4r- the axeaj :o�isla � 1g Of 2.80C 51"are feetfr'r. a total agarogate space of .4,555 squax,F. Dade Cturit;,r will 2: its coYitribut•io+n to the .1.ty of South rJia,,ai, pay the amount c—, ty, °43 clue tc the increased c«st of mairJ t. °r_ar� cal -and serv°lees. .his :,.onstitutes il'Cr ased coasts for the 't . the yearr, Of 1987. al7d QL�eT_`i3:iG71 Cit tr,u ('q,:�mLLTli e / � _r. "i:a8 v�iitu'i . W.Y.' _77 !):x'19. 1')03 12 :02 FAX 30537,1157 GSA REAL ESTATE, 0i".,'017 9ufi EMENT VilS LL ._ A..GRZ MENT, made en4' enured i,nta this y & l4� , b aid between the "wiT'. OF SCLTH. MiAM: ; herel�la?"ti °^ rr i'eT:' °d t'o as t]re "LANLOftA ', and DADS GUUNTX, .on' behalf Of its w'Mr4 Llit:'' fleet or'r��'�c3's Head Start 1ro�:^2�n, anCl Covuiulali -y 5ervree ;;enter; a 'political 3ub'dlvi5lon Of the Stage cf hM'Eiraf er referred to as the "TENANT "', nt T N a Tra *t w= e' �A!�iLGRD, frr and in 4�+nsideratior_ cf -the restric- tions and cove- rz&..ILS herein son.ecJ, hereby 'leases to TETIANT, LANDLORD, tl^e premises ., .,., t the ..,r1�iDLC'A _..- - Sri1 t�r�: T£ ?d�NT r: �x°eoy -�.�� ee�� tc :��re from � aesaribet as fC' -10A s': App s; imate!y ''+,555 sclaft -'e teat of ^Iasmrocri" and en space s.t 5121 cl;thwest, 68th 5tl'eet., South M12Uni Flo:!'i d€ TC JEA r AND TO HOLD unto the said Tenant f«r term Of crle {lE year, c3':rLn'- '':%rig Ja;�xzar , 198;, and ter:Rinat ng -f00ejber TY.e 7 KANT s1 all pay tC the L',°TIDLORD the au.T. 5f (1Fabo2. •r nee,, p --S'..alit to this Agreement,' as r °limbur°se•ment for' ;u��adi�1 2nd costs 9 icuzred by the LAINTM CORD. Said paymi?nt :in'the amount be due 8:"s 3 payable at the conunenceanwrre c�, this Agrsamr_ T se: cQs. incurrew by th°- LANDLOR L0r custocAas� grad small be pro.--ated if the AgZ ement iT Tl-' FuiTHE R, NTUTTiAr.Iv UNDFP$TOGD AND ACFt= BY THE r,�'FICLE r t'S -OF Dr"m m ?REMISES The _SNANT shell Y,si.ve the exclusive use of the suace during of t: - Lease during'; the hours lion- 7.30 r .M. un it 5:;s .N. ;�3nC'n •. �?rida;17 Oi l'. ?_C1l 4r E.ek:, nxc1UV iV° 0 '.. C17C dUm0�3 a(b001 I' e �* G1:. �.. • r.. ,. .. .. . :;, ... - ter,. :, ' -"s Y"r�` , ra' r.,xr r .,fir.- r,,, '�-e ;.-�-�. ,tea, ,€,;,1; ° TIM rc, • u,: .+ U9,119/2003 12;03 FAX 3053751157 GSA REAL ESTATE IS 013417 ,rle sr3c.e rove:ed pis Lease ,Agreement shall be used 4xe'�sivF�.y -or the purnrsa of :OI.,jucting the HEAD START >7r�OG??Ai�; 5i�d ti_re t11Ilri'i::Tx SER'TivR w1;?�i�R ur iGr "olnt2uity Actingenc by t:�iL 7�1$r'1,gT, and '.ior no other ?uTrPcs�', am St' :iot be, used fcr any ilieg3 ti�lz ngse or SrI s,urh a mall r &s a cony' i,tute a nulsdrea. ARTI,LE iI tree")' r;�moval and utili.tiEs, Ur"dindry Cu6:.C�(2111 561.. � , o f'oludir's air co- id:ition�:ng, if Ynstaliedyin the iuilding, sha -1 b� by .he LAtd7LGRT-1• *le LANDLORD vlill be - :°es�o�sibl for all Tr, intenan, and rep &:xs, e c pt _pairs and mai.nt1tr_ance vte',-ai:ed by. t.. "e e tr$ar �nar,a -° ea e,i7d tear or malicious des °,ruction of jr�,0ert5 re >.lting frrn tae oC :upancS. by "-he 7-INk7T, and V:s agents &ltd eiuployees. The -21r Ai1T B:tall zainta,in during te ©xm ow th% >5 Agreement = t�'Or1� 4Y1 S vJ:1713en°h$'Gt 7r, as requ.:Lred bF .4o, Ficrida atavates b. C4n1Dre?1�Y;Si4e General Li &biaity extent 0_° l i`s Of 1iai]ili y t'_79.t ttl t irmuI.1 -tS baB been wa�ivOd by : F1or' a eta utes. c. ontractual Liability lhsurancs cav-er:n�r lia�ail�".Sr criisiri� out of the Ier1ris ci this Ag;reeinert tc, the extent and lim; is of that o0_ -t imnr.:nity has been weivcd by ',:v--orida 2-ratuf,es. _ UuOlrorile Liabil"tY Insuranze covering all oi- '.ec, rion— own_d., and hlr G' vehicles used in Oonliec .i:..� faith_ 0rh ender tb_j., Agreement, as required by �1 rida statutes, of to the nXtent' and 171nit5 of li b..l�t4 that turf: imrr,uri';y h &s been waived by �l ur?da stasutes ADD �Mh]IF14AiT- )iti r.1uJ Hkir�!! HAPNLyS5 ,he TENA11T. does er =bY agree to indemni;`y and save th1 LANDLORD hjr= r_less, to the Txtcrdt Df' the yir,�_5t2tion inelude� witY ir. aori du St &Yates, Sev; ion 768.28, fVC!m &nY slid all o1e=s' j9mS ?9 and 2a uz: s :t#° :+CT.7. 13 wrli3h may arise : soja, the cf th 1 cnC Df the 1�)yV�TiT, car the TT.NANT's &at1J', "J-es n the em' 'C'l reg_ - rn 5 x t-rliu section shsJl _ndemr:ifY h p;'eIP SAS HCwe "I,- ,. T`�r.,.. +, claim. aris�irlg out -,if - the pe_ ; 0--Ma LANDLC -In) i'J_ ?Y lie 11 Paz , f t LxP�,ULOR ^ Lunde ti) � hB �c �= lt�•T•'= C%-^ Y�r� SCT';nc".:, ^�C€� ,:a_�U1 ^eti 0, �,_.�I., �, �..., a y,• _*.(7 th f_ - ,u Nr. L �, ,D `s nM - i. gvrbce; :2 ,.. .. ,. „� -.� �'`;w= ;?' _. ..- v.,"' � '- '�:'_ `s'��`^P �",`? �"F,'�,': ra?"?�€r; ..... :€ N �-.2f� ��e'+ -. ..r �., rr, �.:7': i'� -'T, "."°•.,y"' -ra v'""";'�i',. '�'�4w,hCt.,w,s�cunn.�fi,a, 0jk / 19? -M3 12:03 FAX 3053751157 GSA REAL EY1 ATE 3Fi ^_C =E rV ALT�,F,rI "up'S �h. IENAIIT rt!sSe.1able nonTstTUCwllS��1 �bt�= �`t1wlq 3d t ori� a� �srp.roirema.�tS 1r. or to the ioremisss. with the 'Wr'tttn Y r,.�er1t of tdx a145DLJ 3�1 id ticns, fIxtures, or' ixagx vaments 0" _ CHtCep , but nGt 1AM ti ,:A e'6o. ~� a1d C ite furniture, ex�c3 f� atuYb ril�ich arc retic,r�ble without injury to be Premises). .J 7.11 be, end sem3i:A apart Of �h:= cremisse at be e:tpiratibn, or this L4ase• Subject to ,the � ��ve, a_ y carpeting and veiuovatle pa.rtitior -S installed by the TENANT r�th'_'Yi the demiaea gremises- Sha:�1'rcLlaic b:�e �EhAt�T's p oiler± and 7a,r b rer2o�ed by the 'TENANT upon the expiration thereof, �f of c ?aE Lease AgreeireY t oy ar:y x er�_v:g], or Ca 1c °� es eof the TENANT most secure a permit s1Gc�rsbions Ggalre a bui� P - r mi`�' ;g4n tile epaxt..'tnt of Com:ur11.7 Development of the City' of south M all,11• The TENANT rnav use w�ijacwrlt Sraund and re.troorn faeilitf.e- The Tr AT S:i as l 'vnrfl i j iditt all 5kfe'tY 0g latioil .rid rules : RTiCLE V _ ? " lTF4 "r3TLrTk FUR PEl?SL1P�11Ia ?Rt?1�EftTY All PO- s0r-ai gr^�perty pJaced or installed in the sPact by th' TEN kN s_.a�.1 ie at the 3018 _ isk of the 'rENAN , and the LANDLCPL yh 11 nr ± Le 1_fab; t 9.,iI9!2003 12 :04 FAX 3053751157 GSA REAL ESTATE 151101 }?RI CC�IE ITII S]?T1OW T.l RIENEW rovidtrd this Lease is not cth- erT,�i2e in default, the 'TBNANT7 r e�.t ~nee is herety granted the u2 r.OU�Y its C0� . ;y ?•ia*.�ger a `2 : option to ex.tene this Lease f4. s +_c cessive *re (1) year renewal tr cds upon the sste tez'ms 2xc ccndltionu. Terms tO 'ce negotiated at the time of ',enewal by iti':,n� tr.e Lr1:JJLCRD :'2 ©t3�'e its wr:ti�g at least si ry (60 days p^i0r tc ure expiration date of this Lease ar ant;„ ,ensycr. d `erec;r, LRT :CLE VIII CAN i MLLATI ON The , AND ,0HD Or "'. a TENANT, throuS its GCu2aty Marge or his deSignee, .j . =11 have the ela:ht t0 cancel this Lease Agree2"Ient at ay '.�.Me `by ;I �i2'a� Cie othOV Party at :east thirty (gyp } a�ys w� iLten r notice UiOr Lc its e`':ec_'ve da °=• AFTIC,LE 17 NOTICES it -,*s understood acid a7reed between tnu pavties It5rpt' thsG i t t s : rota :e.. addressed to EMANT -a d mailed or delivered to tl.e director, Ge iera1 5er,icee Acministration, 140 West E'lag:er streerJ ?�iarri, �"lnrils'? 1'�1 shall (.onu�it to ;.ufznjc :4ent notice �o the TENANT, and wri}ttar, ac�ta we addressed to LAIC)LORJ, and mail€ Ct er del iv C1 ed to 1 V? � the addresk s_" rA14PJCt�, 3 "13`,l 5 nce'� bz'1e, Wauth PCi?mi, Florida 3.3- shall covet.. a 'e natLve t0 tare LANDLOP..D, ro comply with the terms C:, 1�T vice3 p_ Vide i herein i1 this paragraph shall include tbi5 Lease. all notices required in this Lease ca req'.I red 'hY loud, �R'I'CLL A_T)PITLINAL PRCV13101J5 e .._ .. D:jde Count- `;01=1nicy.. Inc-, dc.?i� -d prGre::lwes are to b_ u��:d _y �a s' r.,t =.c2n age :cy B Head Start FZ03ratn for the provis 021 of s:fac? r a r 0 e Care tpet and Community HeL Jar (,s s ..' cers� Frog 0f 1,75 q 5er,_..e i,..rster , the residents in the area, consisting of 2,80'- e r for tot°_. %gg` .. egae spate Of 4,5 -5 squ are feet- 2r � ,,l di.s itE contribution to -he Caty of SOL ='r2 Lcd� :Ou LtR .-. 1 ye ni, pa she sn'curr of $91.743 due to the increased Cost Of msi 2 tEnance .. a rlri ev. Z.tis cOnstl,utes Increased costs f-r the ove. for of `he �o?nn'^al. `' `9r'Vin-e "ente~ for the years Of 156= ar r w +, p 1982. i2 .I,..1 FAX 013 51157 GSA REAL ESTATE A- i"_'10L5 X? •_; A,o rS:l° L.$aue O - &4re5men-C betWea r;18 f;ai`Li 4S ". �,ap�t:. and al pzeViQU6 nee.oti 4t.iors leaA-ing.- t- neretc, and �t ;,11ay NadsPi�d ars15 b,resol9itionnar��'ed taa *^'ne Basrci�af af5outi Miruni. CaC�niSSa:�2?eiS and the Oita G,�Tinissics.ers of t.- o pity IN WITNESS aFs "•re LX10LORD and TENANT have caused Allis L•Fasf, greemQmt to i�E ex:"tsd 'ny T'�F r Te }pec ,f�rP. 2-T7 dully auth�z'�2 d w cerr -e day a d �asr first abo;re wF ttAnr OITY 01 3C1J?ii MTAi�I C3y.:rx :, r�_L�L'� 1oi311i1'$. dtRii e �r t'1 °yi^l[ •, ,, City Manager 'COUNTY, F, RIVA, oy �TS BOARD Or, Cl 14�i!7 P. R ri3ltiEP, CIExii (:Ouj+T«'Y C;OiVLI1ISSTO ERJ is •_ county manage" 09 jW 2003 121;04 FAQ. 353', 51157 GS REAL ESTATE _ sJ 1)17, r:.i STATE OF EI CRIDA } 55c CL:iDaTY OF DADS } RIC3ARD F. BRIPIKER, Clerk of the Cixeuit Court in sad for Dade County, 3Iorida, ar.d 3x- 0516-0 Clerk of tfLp :}va!d of County Commisaionere 4f aaifl Ccuttty, DO HEREF� CERTTY that the ak Yva anc foregoing is a ttut" and correct copy of Resolrttion N! - R• 303` adgted by the said Soatd of County Commix- ?�farCh.... g8 :;loners at its Ineeting held On -- — - 15 19 IN WITNESS OMR.Ei or, 1 !lave reuntn let my I and and offinial Seel on' -°� n r11 A.. daY of __ _. _ RtCiiARD P BRIDiK1~R, Ex- Officia ierk Board of CMey Ctmmi5aloners Dvde County, F!oriels 1� /, i)epuLy Clerk .r VEAL t4 Board of Co-ItY Co umi sion,.rs Dade County, Flida or MIAMI -DADE COUNTY, F,,L jRIDA MIAMIDA9E STEPHEN R CLARK CENTER OFFICE OF THE COUNTY MANAGER SUITE 2910 111 N.W. 1st STREET MIAMI, FLORIDA 33128 -1994 CEITIFIED MAIL: # 7001 2510 0008 8396 0396 (305) 375 -5311 September 10, 2003 Miss Maria Davis City Manager City of South Miami 6130 Sunset Drive Miami, Florida 33143 RE Renewal of Lease Agreement at 6125, S.W. 68 Street, Miami for Head Start Center Property #4025 -00 -00 Dear Miss Davis: Please be advised that pursuant to Article VII of the lease agreement entered into by Miami - We County dated March 15, 1983, Miami -Dade County is hereby exercising the option to renew for an additional one -year period. The renewal period will commence on January 1, 2004, subject to the same terms and conditions. The current annual rental of $22,000;00, paid in one payment, shall remain the same, unless notified by the City of an increase based on the actual costs incurred for custodial, exterminating service and utility expense; Please direct any correspondence related to this letter to Miami -Dade County, General Services Administration, Real Estate Section, SPCC, 111 N.W. First Street, Suite 2460, Miami, FL, 3318 -1907. Sincerely, ��cR -- �f eorge M. Burgess Coarity Manager _Tc: Ophelia E. Brown, Executive Director, Community Action Agency Tania Llado, Chief Real Estate Officer, GSA Barbara Dunlop, Property and Casualty Manager, GSA Kay Sullivan, Director, Clerk of the Board :9'�W,R.'T ':vim, T.ubf FW t? sours CITY OF SOUTH MIAMI Sou'thMiami NI- America City 4 - Inter - office Memorandum U -� �. INCORPORATED 1927 - Rte P 2001 TO: Honorable Mayor, Vice Mayor DATE: October 7, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. City Manager - RE: Authorizing the City Manager to extend professional engineering services agreement with Kimley -Horn & Associates, Inc. RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO KIMLEY -HORN & ASSOCIATES, INC., CONFIRMING A ONE -YEAR EXTENSION OF THE SEPTEMBER 30, 2001 PROFESSIONAL CONTINUING SERVICES AGREEMENT, PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS: Kimley -Horn & Associates, Inc. (KHA) has been one of our three general engineering consultants since September 30, 2001. ,KHA was selected in accordance with Florida Statues 287.055 (Consultant Competitive Negotiation Act) for miscellaneous projects, basic cost of which does not exceed $500,000 or a planning study activity of which the fee for professional services does not exceed $25,000. The extension of these general engineering services agreement does not commit the City to any minimum amount of fees and or guarantees any work. In accordance with attached Resolution No. 112 -01 -11260 approved for the initial agreement, KHA submitted a letter requesting contract extension for one year,- with acceptance of the terms and conditions of the original agreement. During the past two years, KHA satisfactorily met all requirements of the contract. RECOMMENDATION:' It is recommended that the City Commission approve the resolution. Page 2 of 2 Comm. Meeting Agenda October 7, 2003 ATTACHMENTS: ❑ Proposed Resolution ❑ Resolution No. 112 -01 -11260 ❑ Copy of original agreement with Kimley -Horn & Associates, Inc. ❑ Letter from Kimley -Horn & Associates, Inc. ;: .. "%" .•.r :i—,', �e��rrz°.:s,+s, ,'^- :�f`ar 'S am 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY 6 MANAGER TO ISSUE A LETTER TO KIMLEY- HORN '& ASSOCIATES, INC., 7 CONFIRMING A ONE -YEAR EXTENSION OF THE 'SEPTEMBER 30, 2001 8 PROFESSIONAL CONTINUING SERVICES AGREEMENT, PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, by Resolution No. 112-01-11260, adopted by the City of South Miami 12 Commission on August 7, 2001, the commission authorized the execution of a professional continuing 13 services agreement with Kimley -Horn & Associates, Inc. ( "Consultant"); which agreement was 14 executed on September 30, 2001; and 15 16 WHEREAS, the September 30, 2001 agreement terminates on September 30, 2003; 17 18 WHEREAS, both the City and the Consultant desire to extend the contract for an additional 19 one year term, as provided for in Section 15 of the September 30, 2001 agreement; and 20 21 WHEREAS, the City Commission authorizes the city manager to issue a letter ° to Consultant 22 confirming a one -year extension of the September 30, 2001 agreement. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY ';COMMISSION OF 25 THE CITY OF SOUTH MIAMI, FLORIDA; 26 27 Section 1. The city commission approves and authorizes the city manager to issue a 28 letter to Kimley -Horn & Associates, Inc., confirming a one -year extension of the September 30, 2001 29 agreement. 30 31 Section 2. This resolution shall be effective immediately. 32 33 34 PASSED AND ADOPTED this day of 2003. 35 36 APPROVED: ATTEST: 37 38 39 CITY CLERK Horace G. Feliu, Mayor 40 41 42 READ AND APPROVED AS TO FORM: Commission Vote: 43 Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Bethel: 46 CITY ATTORNEY Commissioner Wiscombe: 47 Commissioner McCrea: RESOLUTION NO: 112 -01 -11260 A RESOLUTION OF THE MAYOR AND CITY ;COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE HOURLY RATES AND TO EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES 'AGREEMENTS WITH CONSULTING ENGINEERING AND SCIENCE, ` INC., CORZO CASTELLA CARBALLO THOMPSON SALMAN P.A. AND KIMLEY -HORN & ASSOCIATES, INC. AND PROVIDED THAT INDIVIDUALLY EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. WHEREAS, the . City Commission - desires to retain consultants to provide Professional General Engineering Services; and WHEREAS, pursuant to Florida Statute 287.055 °the City published a Notice for Professional General Engineering Services and received a total' of fourteen (14) responses; and NOW, THEREFORE, BE IT< RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission' authorizes the City Manager to negotiate and to execute three: professionals services agreements with: e Consulting Engineering & Science, Inc. • Corzo Castella Carballo Thompson Salman, P.A. • Kimley- Horn & Associates, Inc. Section 2: That the Agreement allows for renewal of an additional period of two years at the City's option. Section 3: That the negotiated Professional General Engineering Services Agreements be made part of this resolution. PASSED AND ADOPTED this 7t-h day of Au93,t- 2001. ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: 4 -0 READ AND APPROVED AS TO FORK Mayor Robaina: Yea Vice Mayor Feliu: Out of town Commissioner Russell: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wiscombe: Yea ^sg:s. 4 PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this 30"� day of ��p , 20 01 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida,— re erred to as the "CITY" and KIMLEY- HORN AND ASSOCIATES, INC., authorized to do business in the State of Florida, referred to as the "CONSULTANT ". In consideration of the premises and the mutual' covenants contained in this agreement, the CITY agrees to employ the CONSULTANT for a period ending on September 30, 2003, and the CONSULTANT agrees to perform all professional services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00 or studies which do not exceed $25,000:00, herein after called the "SERVICES SECTION 1- GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 2.2 for a project, for a 'portion of the Basic Services, or for discrete tasks as in paragraphs 2.3 Additionil Professioro :? Servi _-,:s foz the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required: 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The CITY reserves, at all times, the right' to perform any and all engineering work in -house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope, of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other' data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SERVICES 2.1 General Engineering Services The professional services to be provided by the consultant are as follows: A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, speed reduction devices and incidental landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities: C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D Ervi:-oarrental Engineering, to including, site investi�ziox and design. nee( ed to-pre—pare selnc.!iation plans to mitigate underground storage tanks, hazardous Nvaste'' „materials and asbestos materials. E. Other incidental services associated to the above items. 2.2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional engineering services for any portion or all of the six Phases- outlined below. The CONSULTANT agrees to co- ordinate his effort with that of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by the CITY shall prepare the final bid package including bid documents and specifications, which < shall be prepared by, and be the responsibility of the respective disciplines. ■ Professional Services Agreement General Engineering Services September 2001 Page 2 of 15 a... , ... „ „.. .. , . _."-st?a^,-- =- "- m;•„.-s - .+^:s- ..m.ii;.+-- ^.,�*e . "'.., ..�„ ,.. err. a- r-F: �;y'uz';, < «,kau;wm z,s',r. 2.2.1 Phase I- Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY' if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report,' comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion: E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow- up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. TL:e Schcrnatic Desi;r StUdics ( �riless advised otherwise) sh¢ffl -vu rsist ofali plGns, el..vation,;, sections, etc. as requi, z-d 'a show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such approval. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost' are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. ■ Professional Services Agreement General Engineering. Services September 2001 Page of 15 J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he "_shall not proceed with the next Phase until directed by the CITY 2.2.2 Phase Il — Study and Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents 'required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase II'I — Final Desi Tn / Construction Documents Development A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the 'preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications, B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24'" x 36" paper ( "D" 'size), on the City's standard sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: I .- Non- drawing submittals in Microsoft Office format. • Professional Services Agreement General Engineering Services September 2001 Page 4 of 15 2. Drawings in AutoCAD format. 3. GIS files should be in'ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until - approval of the 50% documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CITY. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the funds available. G. Upon 100 % completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, ,reports; programs, etc., without additional charge. for a final review and comments or approvals. * .6 . 1-i. Thy LONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval.' L The CONSULTANT at no extra cost to the CITY shall make all required changes or additions , and resolve all questions resulting from-paragraph H if the changes or additions do not alter the scope- of the project as determined under paragraph 2.2.1 A. The 100% complete Check set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall furnish to the CITY a minimum of 30 sets of drawings and specifications, for bidding purposes, unless instructed otherwise: J. The CONSULTANT shall arrange for "dry runs" and/or make final, submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents meet the necessary requirements to obtain all the necessary permits for construction. CONSULTANT shall respond to all technical questions from regulatory; agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. ■ Professional Services Agreement General Engineering Services September 2001 Page 5 of 15 2.2.4 Phase IV - Bidding and Neizotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. B. The "CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre - Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualifications of ` prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. suspend or abandon the Project, or 5. exercise all options under the City Charter and State La�N� �Q NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re- bids, and awarding the re -bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, 'modify the Construction Documents as necessary to' bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is'over .15% of the CONSULTANT estimate. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered' complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project: 2.2.5 Phase V — General Administration of the Construction Contract: A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. ■ Professional Services Agreement General Engineering Services September 2001 Page 6 of 15 C. The CONSULTANT shall attend pre- construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key ,construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on -site observations to check the quality or quantity of the WORK as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will "advise the CITY as to the progress of and any observed defects and deficiencies' in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and 'progress 'of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on aca��± and he shall recommend approval of th,. Cl:rt. icate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance' with the Contract Documents subject to: 1: an evaluation of the WORK for conformance with the contract documents upon substantial completion. 2. the results of any subsequent tests required by the contract documents: 3. minor deviations from the contract documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will have authority (with the City's prior approval) to recommend special inspections or testing, of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. ■ Professional Services Agreement General Engineering Services September 2001 Page 7 of 15 1. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends 'execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean -up of the project. 2.2__:E T'ha,a V'1_ - ' ost Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the .CITY, reproducible record drawings updated based on information furnished by the Contractor; such drawings shall become the property of the CITY., C. The CONSULTANT shall assist in the inspection of the WORK one month , before' the expiration of any guarantee period or the sixth -month whichever is earlier and report any defective WORK in the Project under terms of the guarantee /warranties for correction. He shall assist the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. ■ Professional Services Agreement General Engineering Services September 2001 Page 8 of 15 A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required "relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be b Fault�of the CONSULTANT. L Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion) J. The services of one or more full -time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding' in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. ■ Professional Services Agreement` General Engineering Services September 2001 Page 9 of 15 SECTION 3 - TIME FOR COMPLETION': The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. SECTION 4 - BASIS OF COMPENSATION The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods or a combination thereof,' as mutually agreed upon by the CITY and the CONSULTANT. A. Multiple of direct salary expense: The "Not to Exceed" fee may be based on multiple of 3.1 times the salary rate, as determined from salaries reported to the Director of Internal Revenue, of the personnel engaged: directly on aproject, not to exceed 160 dollars per hour by either 111nrincipals or employees. For tl <. purpose of this agreement yhe fallowing are to he cons,derel r as Principais: John Atz, <P.E. Jerry InEram, P.E. Doug Coomer, P.E. B. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY and the CONSULTANT: C. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following: Category Hourly Rate Principal $160.00 Project Manager $140.00 Senior Engineer $125.00 Engineer $100.00 Construction Manager $100.00 Construction Inspection $75.00 Senior Draftsman/Technical /CADD Operator $75.00 Draftsmen $60.00 Data Processing / Clerical $50.00 ■ Professional Services Agreement General Engineering Services September 2001 Page 10 , of 15 Hourly rates will include all wages, benefits, overhead and profit. SECTION 5 - PAYMENT AND PARTIAL`PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15 % upon completion and approval of Phase L 35% upon completion and approval of Phase IL 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase 75% upon 100 % completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORK Phase V). 100 % upon final completion and approval of WORK elements A and B of Phase VIa The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following :information; 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the COT: SULTA'vT. 2. The request for payment shall include the 1"olio-winZ, infirmation: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. d. Amount earned. e. Amount previously billed. f Due this invoice. g. Balance remaining h. Summary of work done this billing period. i. Invoice number and date. 3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6 - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY'S representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he ■ Professional Services Agreement General Engineering Services September 2001 Page l l of 15 shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either parties, in accordance with the Industry Arbitration Rules of the American Arbitration Association. SECTION 7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability ; and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CITY. SECTION 8 - COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference: The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTIs)' Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11— SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicitor secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or Professional Services, Agreement General Engineering Services September 2001 Page 12 of 15 resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. SECTION 13 - TERNIINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be ' payment for those units or sections of the WORK previously authorized in accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 - DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending September 30, 2003, although the actual completion of performance may extend beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at the end of the initial period: SECTION 16 - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the ;aggrieved party may declare the other party in default and notify him in writing. ' In such event, the CONSULTANT will only be compensated for a ce 'pletr d profess on�al s lti ices? ±he event partial day ent has been made fo: stia, professional'servic,:- no-L c'ompl:_-ra :;:e '_'W,.7 S JLTANT shall return such sums to the CITE' within ten (l i days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 17 - INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the ;performance of the CONSULTANT'S professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing, approving or rejecting any submissions or'acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub- consultants, the registered professionals under this Agreement. ■ Professional Services Agreement General Engineering Services September 2001 Page 13 of 15 <.'; The CONSULTANT shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable,, B. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured and shall reflect the hold harmless provision contained herein: C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collet LTT , nsurance bat CITY ri v have Tl -:: CITY reserves O e right to request a ceps- of the required policies for revi,, . t'dj shall contain a "severability of interest' or cross liability" clause without obligation for premium payment of the CITY. E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that the CONSULTANT has obtained, insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement: SECTION 18 AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. • Professional Services Agreement General Engineering Services September 2001 Page 14 of 15 SECTION 19 - CODES,' ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a). SECTION 20 - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the City Commissioners. IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.112 -01- 11260 duly passed and adopted by the .South Miami City Commission on August 7, 2001 ATTEST: CITY OF SOUTH MIAMI Ronetta Taylor, City Cla Charles D. Scurr, City Manager ATTE T. CONSUL T: STATE O"FLO DA ) ss: Acknowledgement of City of South Miami COUNTY OF DADE • Professional Services Agreement General Engineering Services September 2001 Page 15 of 15 The foregoing instrument was acknowledged before me thisj�_day of C N4 200 - by CHARLES D SCURR and RONETTA TAYLOR, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. Notary lic, S' of Florida �....,� Print name: _�° Nken 9a Payne ommission CC863308 �« Expires Au Commission No F..�''� gust 16, 2003 STATE OF FLORIDA - ) ss: Acknowledgement of Consultant COUNTY OF DADS ) The foregoing instrument was acknowledged before me this �la� day of GQcxaat�¢., 2000 by Rol ; (1?, 134rn e s of ki;,1"orn 4 QSS.u.es1-NC., on behalf of the CONSULTANT. He is personally known to me or has produced as identification. 2�Y ►w Dally Duchesne Notary Public, State of Florida M My Commission DD057193 r ',': rs September 16, 2005 �'h Print namt;T x -'3 15 i r -± Commission No: 1)1>057193 APPROVED AS TO FORM & CONTENT Earl Gallop, City Attorney • Professional - Services Agreement General Engineering Services September 2001 Page 16 of 15 Kimley -Horn and Associates, Inc. August 18, 2003 --- Advance Fax --- 305.668.7208 Suite 411 8603 South Dixie Highway Miami, Florida 33143 Mr. Ajibola Balogun, REM Public Works Director City of South Miami 4795 SW 75"' Avenue South Miami, Florida 33155 Re: Professional Continuing Services Agreement Resolution No. 112-01-11260 Dated August 7, 2001 Dear Mr. Balogun: Pursuant to the above - mentioned Continuing Services Agreement with the City of South Miami, we at Kimley -Horn and Associates, Inc., consider it a privilege to accept your invitation for renewal of said agreement with our firm. As previously mentioned, we are delighted to work with the City's staff and look forward to the worthwhile projects and the City's leadership that have resulted in its designation as an All- American City: This letter serves are our acceptance of the terms and conditions of the agreement. Respect submitted, KIM ORN AND ASSOCIATES, INC. Rodrigo i , P Associate RP /amk Is TEL 305 662 6445 FAX 305 662 6492 soul, CITY OF SOUTH MIAMI South Miami Inter- office Memorandum INCORPORATED 1927 O Rtlip) p' 2001 TO: Honorable Mayor, Vice Mayor DATE: October 7, 2003 & City Commission FROM: Maria V. Davis 1�- AGENDA ITEM No. City Manager RE: Authorizing the City Manager to extend professional; engineering services agreement with Consulting Engineering & Science, Inca RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO CONSULTING ENGINEERING & SCIENCE, INC., CONFIRMING A ONE- YEAR EXTENSION OF THE SEPTEMBER 30, 2001 PROFESSIONAL CONTINUING SERVICES AGREEMENT, PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS: Consulting Engineering & Science, Inc. (CES) has been one of our three general engineering consultants since September 30, 2001. CES was selected in accordance with Florida Statues 287.055 (Consultant Competitive Negotiation Act) for miscellaneous projects, basic cost of which does not exceed $500,000 or a planning study activity of which the fee for professional services does not exceed $25,000. The extension of these' general engineering services agreement does not commit the "City to any minimum amount of fees and or guarantees any work. In accordance with attached Resolution No. 112 -01- 11260 approved for the initial agreement, CES submitted a letter requesting contract extension for one year, with acceptance of the terms and conditions of the original agreement. During the past two years, CES satisfactorily met all requirements of the contract. RECOMMENDATION: It is recommended that the City Commission approve the resolution. Page 2 of 2 Comm. Meeting Agenda October 7, 2003 ATTACHMENTS: LJ Proposed Resolution ❑ Resolution No. 112 -01- 11260 ❑ Copy of original agreement with Consulting Engineering & Science, Inc. Ll Letter from Consulting Engineering& Science, Inc. I 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY 6 MANAGER TO ISSUE A LETTER TO CONSULTING ENGINEERING & SCIENCE, 7 INC., CONFIRMING A- ONE -YEAR EXTENSION OF THE SEPTEMBER 30 2001 8 PROFESSIONAL CONTINUING SERVICES AGREEMENT, PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, by Resolution No. 112 -01- 11260, adopted by the City of South Miami 12 Commission on August 7, 2001, the commission authorized the `execution of a professional continuing 13 services agreement with Consulting Engineering & Science, Inc. ( "Consultant "); which agreement was 14 executed on September 30, 2001; and 15 16 WHEREAS, the September 30, 2001 agreement terminates on September 30, 2003; 17 18 WHEREAS, both the City and the Consultant desire to extend the contract for an additional 19 one year term, as provided for in Section 15 of the September 30, 2001 agreement; and 20 21 WHEREAS, the City Commission authorizes the city manager to issue a letter to Consultant 22 confirming a one -year extension of the September 30, 2001 agreement: 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI, FLORIDA; 26 27 Section 1 The city commission approves and authorizes the city manager to issue a 28 letter to Consulting Engineering & Science, Inc., confirming a one -year extension of the September 30 29 2001 agreement. 30 31 Section 2. This resolution shall be effective immediately. 32 33 34 PASSED AND ADOPTED this day of , 2003. 35 36 APPROVED: ATTEST: 37 38 39 CITY CLERK Horace G. Feliu, Mayor 40 41 42 READ AND APPROVED AS TO FORM: Commission Vote: 43 Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Bethel: 46 CITY ATTORNEY Commissioner Wiscombe: 47 Commissioner McCrea: R-ESOLUTION NO: 112-01-11260 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER' TO NEGOTIATE HOURLY RATES AND TO EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS WITH CONSULTING' ENGINEERING - AND SCIENCE, INC., CORZO ` CASTELLA CARBALLO THOMPSON SALMAN, P.A. AND KIMLEY -HORN & ASSOCIATES, INC. AND PROVIDED THAT INDIVIDUALLY EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. WHEREAS, the City Commission desires to retain consultants to provide Professional' General Engineering Services; and WHEREAS, pursuant to Florida Statute 287.055 -the City published a Notice for Professional General Engineering Services and received a ` total of fourteen (14) responses; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission authorizes the City Manager to negotiate and to execute three separate professionals services agreements with: s Consulting Engineering & Science, Inc. • Corzo Castella Carballo Thompson Salman, P.A. • Kimley -Horn & Associates, Inc. Section 2: That the Agreement allows for renewal of an additional period of two years at the City's option. Section 3: That the negotiated Professional General Engineering Services Agreements be made part of this resolution. PASSED AND ADOPTED this 7th day of Allmist 2001. ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: 4-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice MayorFeliu: out of town Commissioner Russell: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wiscombe: Yea rt PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this day of 6_c� 20d I by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and CONSULTING ENGINEERING & SCIENCE, INC. authorized to do business in the State of Florida, referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this agreement, the CITY agrees to employ the CONSULTANT for a period ending on September 30, 2003, and the CONSULTANT agrees to perform all professional services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00 or studies which do not exceed $25,000.00, herein after called the "SERVICES ". SECTION 1- GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 2.2 for a ,project, for a; portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required, 1.2` A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The CITY reserves, at all times, the right to perform any and all engineering work in -house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORD. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of allotice to Proceed No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the 'CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed' under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly, after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SERVICES 2.1 General Engineering Services The professional services to be provided by the consultant are as follows: A. Roadway Engineering to include streets, sidewalk, curb,, gutter,' drainage, associated traffic control devices, stripping, lighting, speed reduction' devices and incidental landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering, to including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. E. Other incidental services associated to the above items. 2.2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety, to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional engineering services' for any portion or all of the six Phases outlined below. The CONSULTANT agrees to co- ordinate his effort with that of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by the CITY shall prepare the final bid package including bid documents and specifications, which shall be, prepared by, and be the responsibility of the respective disciplines. Professional Services Agreement General Engineering Services September 2001 Page 2 of 15: 2.2.1 Phase I- Preliminary and Schematic Design A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated` funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate` design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the "Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion . date on each Phase of the Project through design, bidding, construction, and proposed date of completion: E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow- up u of the Site (if applicable) showing Project orientation, and a brief summary' of all pertinent planning criteria used for the Project. F. The Schematic Design Studies '(unless 'advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such approval. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation' factors adjusted to the estimated bid date, movable estimate (if any), and utility' service extensions (if applicable): The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and '!prices. ■ Professional Services Agreement General Engineering Services September 2001 Page 3 of 15 J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he shall not proceed with the next Phase until directed by the CITY. 2.2.2 Phase Ii — Study and Design Development A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise ' the Proposed Project Timetable (updated), Outline Specifications, Updated 'Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents, required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III — Final Design / Construction Documents Development A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the 'preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are 'reduced to 50% of their size. All drawings shall be on 24" x 36" paper ( "D" size), on the City's' standard sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: 1. Non- drawing submittals in Microsoft Office format. ■ Professional Services Agreement General Engineering; Services September 2001 Page 4of15 H ..,, ,..;.. s '-- "..�_.'' _,..=:sue, ..s+.r „"'=°`mr .,. .. -<,n, . w, ry.^. ; -M,. P— r,"LT°.�S"�,+r�,;;i?m°.ts '9r3;+�'�..; u- :.,�^;?"" ---- .'",""T „ " �P%'n,s`TM'= `��"^�.•��.`h. ",'; '.,✓�.��mf's'�* ag;?ig �w;,'§sn�"�:..,'3:, 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50 % completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated'' Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the 50% documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CITY. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY` increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the funds available. O. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the final', approval, I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as detennined under paragraph 2.2.1 A. The 100 % complete Check set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall furnish to the CITY a 'minimum of 30 sets of drawings and specifications, for purposes, unless instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" and/or make final .submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal)" as necessary, to ascertain that the construction documents meet the necessary requirements to obtain all the necessary permits for construction. CONSULTANT shall respond to all technical questions from regulatory agencies. CONSULTANT shall modify,` at no additional cost to CITY, in order to acquire the necessary permits. ■ Professional Services Agreement General Engineering Services September 2001 Page 5 of 15 2.2.4 Phase ICI - Bidding and nd Negotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying; bond, insurance documents, questionnaire and reference submitted bythe constructor: B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre - Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective `bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. suspend or abandon the Project, or 5. exercise all options under the City Charter and State Law: NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re -bids, and awarding the re -bid of the project. - Under item (3) above, the CONSULTANT shall, without additional compensation, ,modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is over 15 % of the CONSULTANT estimate: E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase U - General Administration of the' Construction Contract: A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by CITY: B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. Professional Services Agreement General Engineering Services September 2001 Page 6 of 15 — r.�^�,.�y =.�. -,�;_ -a, . ��-s- ;- =-��i-; -'ar °+•.�,m. -.E. r., ..;.. t ,: c r'�.. rv".' "�a,,"- ,7";F�; "s ".:�.. T^✓. -s L- r?�y, `s;��'gf.. '.'�° F�' +1� ;h . C. The CONSULTANT shall attend pre - construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK: The CONSULTANT may be required to provide continuous daily on -site observations to check the quality or quantity of the WORK as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY 'as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the : amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1. an 'evaluation of the WORK for conformance with the contract documents upon substantial completion. 2. the results of any subsequent tests required by the contract documents: 3. minor deviations from the contract documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. ■ Professional Services Agreement General Engineering Services September 2001 Page 7 of 1 I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. .I. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before' the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver there to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start -up and testing, adjusting and balancing of equipment and systems, and, 3)'final clean -up of the project. 2.2.6 Phase VI - Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY reproducible record drawings updated based on information furnished by the Contractor; ; such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee/warranties for correction. He shall assist, the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. Professional Services Agreement', General Engineering Services September 2001 Page 8 of 15 .:r -;�... , -, , , ,».m . -, .�- R- :z-.. f .-T: ,. T+r'T%.:::- �.-�;- ..:fir -... ;;�.; .`" `.�,,,, ��'�':�';7;-= .', ... . _.: .. .. '�"�"��rz;zy- -', a?- =�TF^�„(4":�� ..;%4�h.,,•°,'n -i; . �°�ms -a--, .,, r^: >...:. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate' existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings - or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause- is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and /or scheme or any portion). J. The services of one or more full -time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services: M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. ■ Professional Services Agreement' General Engineering Services September 2001 Page 9 of 15 SECTION 3 - TIME FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the `control of the CONSULTANT render performance of his duties impossible. SECTION 4 - BASIS OF COMPENSATION The CONSULTANT agrees to negotiate a "not to exceed "' fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs. The fees for Professional ,Services for each of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. Multiple of direct salary expense: The "Not to Exceed" fee may be based on multiple of times the salary rate, as determined from salaries reported to the Director of Internal Revenue, of the personnel engaged directly on a project, not to exceed dollars per hour by either principals or employees. For the purpose of this agreement the following are to be considered as Principals: _ John Guttman Richard Bochnovich B. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY and the CONSULTANT: C. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following: Category Hourly ate Principal $150.00 Project Manager $120.00 Senior Engineer $95.00 Engineer $85.00 Construction Manager $80.00 Construction Inspection $75.00 Senior Draftsman/Technical /CADD Operator $75.00 Draftsmen $65.00 Data Processing / Clerical $40.00 Professional Services Agreement General Engineering Services September 2001 Page 10 of 15 Hourly rates will include all wages, benefits, overhead and profit. SECTION 5 PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase:' 15 % upon completion and approval of Phase I. 35% upon completion and approval of Phase II. 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. 75 % upon 100% completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORD Phase V). 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information; 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. d. Amount earned. e. Amount previously billed. f. Due this invoice. g. Balance remaining h. - Summary of work done this billing period. i. Invoice number and date. 3'. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6'- RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties) unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he Professional Services Agreer , ent' General Engineering Services September 2001 Page 11 of 15 „ ��g= shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, ' by either parties, in accordance with the Industry Arbitration Rules of the American Arbitration Association, SECTION 7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these' documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CITY. SECTION 8 - COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of 'a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9 - NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall . be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11— SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or Professional Services Agreement General Engineering Services September 2001 Page 12 of 15 resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections of the WORK previously authorized in accordance with the provisions - of Section 4, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. `a SECTION 14 - DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending September 30, 2003, although the actual completion of performance may extend: beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION' This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at the end of the initial period. SECTION 16 - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved parry may ,declare the other parry in default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of litigation by the other parry to enforce the provisions of this contract, the prevailing parry will be compensated for reasonable. attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive' sovereign immunity from awards of prejudgment interest. SECTION 17' - INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the :performance of the CONSULTANT'S professional services under this .Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub- consultants, the registered professionals under this Agreement. Professional Services Agreement General Engineering Services September 2001 Page 13 of 15 The CONSULTANT shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision,' and personal injury' and property damage liability with limits of $1,000,000 combined' single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured' and shall reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable,` shall expressly provide that such policy or policies are primary over any other collective insurance that 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 of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of operations, which, certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, oricancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 - AGREEMENT.' NOT EXCLUSIVE Nothing in this Agreement shall `prevent the CITY from employing other CONSULTANTS to perform the same or similar services. ■ Professional Services, Agreement General Engineering Services September 2001 Page 14 of 15 w—a� =,;r -, ,. „ . ,:r ....., -.,� -.ra --. —., r;, -, --�r--• -"`.. rim; �; ,., � . e�".,�"r =xm r�:'`�'f^, 'c';,-,�, x. ':"�t%�`'� a�;:"„rr;�� -, :,,; : �', A ,�v::._ �°4§""az',',�RSc,'": '�:.a _ r� SECTION 19 - CODES, ORDINANCES AND LAWS The`` CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a) SECTION 20 - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the City Commissioners. IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.112 -01 -11260 duly passed and adopted by the South Miami City Commission on August 7, 2001 ATTEST: CITY OF SOUTH MIAMI I Ronetta Taylor, City Gf erk Charles D. Scurr, City Manager ATTEST: CONSULTANT: CONSULTING ENGIhTIJ=C & SCIENCE, INC. JOy . Jones'` Jc R. Gnu P . E . , President STATE OF FLORIDA ) ss: Acknowledgement of City of South Miami COUNTY OF DADE ) ■ °Professional Services Agreement General Engineering Services September 2001 Page 15 of 16 The foregoing instrument was acknowledged before me this = day of 1° � t;P-4: 2001 by CHARLES D SCURR and RONETTA TAYLOR, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me:, Notary'Public, State` of Florida - glpr mgAi Nkenga .Payne Print name:fl�3, fartoP' Expires August 166, 2003 Commission No: STATE OF FLORIDA ) ss: Acknowledgement of Consultant COUNTY OF DADE The foregoing instrument was acknowledged before me this 22nd day ofOctober , 2001 by John R. Guttman ofConsulting Engineering , & Sc ,emb9hig ®f the CONSULTANT. He is personally known to me or has produced ` as identification. !3 .1 otary Public, State of Florida Print name 15" y Commission No: 171 ; APPROVED AS TO FORM & CONTENT r,tot „p,JO,a Richard 0. Bochnaaich �' ®,;Conarr►issicn # 00 917975 Expires fiat°. 16.2003 Bonded Th Earl Gallop, City Attorney Atlantic Bonding co., Inc. L` ■ Professional. Services Agreement General Engineering Services September 2001 Page 16 of 16 .'�'-- �” >:- "- s= �;.... .-. -, •r.,�.�•-^r, �a -cam,,. �.�-. ,, .a,• >`"°m"� .. ""5-r -��s. .;,: ��^.�+. ..n �'.;.!��*ia"�r: �r. s�"�'�,,.� � §�":�; I SOL UTION NO: ' 112-01-11260 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE HOURLY RATES AND TO EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS WITH CONSULTING ENGINEERING AND SCIENCE, INC., CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. AND KIMLEY -HORN & ASSOCIATES, INC. AND PROVIDED THAT INDIVIDUALLY EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. WHEREAS, the City Commission desires to retain consultants to ;provide Professional General Engineering Services; and WHEREAS, pursuant to Florida Statute 287.055 °the City published a Notice for Professional General Engineering 'Services and received a total of fourteen (14) responses; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission authorizes the City Manager to negotiate and to execute three separate professionals services agreements with: • Consulting Engineering & Science, Inc. • Corzo Castella Carballo Thompson Salman, P.A. • Kimley -Horn & Associates, Inc. Section 2: That the Agreement allows for renewal of an additional period of two years at the City's option. Section 3: That the negotiated Professional General Engineering Services Agreements be made part of this resolution. PASSED AND ADOPTED this 7th _ day of Atzgtast ; 2001: ATTEST: APPROVED: , i CITY CLERK MAYOR Commission Vote: 4 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Out of town Commissioner Russell: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wscombe: Yea CONSULTING ENGINEERING & SCIENCE, INC. Civil Engineers Coastal Engineers Environmental Scientists August 22, 2003 Mr. W. Ajibola Balogun, REM Public Works Director City of South Miami Department of Public Works 4795 S.W. 75th Avenue Miami, Florida 33155 Re: Professional Services Agreement General Engineering Services Dear Mr. Balogun: As you are aware, our current Professional Services Agreement for General Engineering Services dated October 1,' 2001 will expire on September 30, 2003. We have thoroughly: enjoyed our relationship with you and the Public Works Department staff during this contract period; and, we hope that you agree that the relationship we have developed has been "a positive one. Section 15 of our agreement includes a Renewal Option for a maximum one two -yeas term at the end of the initial agreement period. By this letter, we respectfully request your consideration of exercising this Renewal Option and extending the term of our agreement until September 30, 2005. It has been a pleasure working with you; and, we look forward to a continued relationship of this contract. Very truly yours, CON ULTING "ENG NEERING & SCIENCE, INC. ichard B. Bochnovich, P.E. Senior Vice President (0163) 8925 S.W. 148th Street, Suite 100 • Miami, ;Florida 33176 • Phone: (305)378- 5555• Fax: (305)378.9304 sours CITY OF SOUTH MIAMI South Miami All 4 Inter- office Memorandum INCORPORATED 1927 p 0 Rt0 2001 TO: Honorable Mayor, Vice Mayor DATE: October 7, 2003 & City Commission v FROM: Maria V. Davis AGENDA ITEM No. City Manager t RE: Authorizing the City Manager to extend professional engineering services agreement with Corzo Castella Carballo Thompson Salman, P.A. RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 1VIIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., CONFIRMING A ONE -YEAR EXTENSION' OF THE SEPTEMBER 30, 2001 PROFESSIONAL CONTINUING SERVICES AGREEMENT, PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS: Corzo Castella Carballo Thompson Salman, P.A. (C3TS) has been one of our three ge era le ngineering consultants since September 30, 2001. C3TS was selected in accordance', with Florida Statues 287.055 (Consultant Competitive Negotiation Act) for miscellaneous projects, basic cost of which does not exceed $500,000 or a planning study activity of which the fee for professional services does not exceed $25,000. The extension of thesei general engineering services agreement does not commit the City to any minimum amount of fees and or guarantees any work: In accordance with attached Resolution No. 112 -01 -11260 approved for the initial agreement„ C3TS submitted a letter requesting contract extension for one year, with acceptance of the terms and conditions, of the original agreement. During the past two years, C3TS satisfactorily met all requirements of the contract. RECOMMENDATION: It is recommended that the City Commission approve the resolution. Page 2 of 2 Comm. Meeting Agenda October 7, 2003 ATTACHMENTS: ❑ Proposed Resolution ❑ Resolution No. 112 -01- 11260' ❑ Copy of original agreement with Corzo Castella Carballo Thompson Salman, P.A. ❑ Letter from Corzo Castella Carballo Thompson Salman, P.A. r,,., .-�' �,r,z •, 'a :.M :,. n ., z?:- 3„°f„` 'i' {3<T- #x2'`°'— ,m^f::,^"�'�s '3�'- '�S n 7777 ,-�s5 .--7 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY 6 MANAGER TO ISSUE A ` LETTER TO CORZO CASTELLA CARBALLO 7 THOMPSON SALMAN P.A., CONFIRMING A ONE -YEAR EXTENSION OF THE 8 SEPTEMBER 30, 2001 PROFESSIONAL CONTINUING SERVICES AGREEMENT, 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, by Resolution No. 112 -01- 11260, adopted by the City of South Miami 12 Commission on August 7, 2001, the commission authorized the execution of a professional continuing 13 services agreement with Corzo Castella Carballo Thompson Salman, P.A. ( "Consultant') which 14 agreement was executed on September 30, 2001; and 15 16 WHEREAS, the September 30, 2001 agreement terminates on September 30, 2003; 17 18 WHEREAS, both the City and the Consultant desire to extend the contract for an additional 19 one year term, as provided for in Section 15 of the September 30, 2001 agreement; and 20 21 WHEREAS, the City Commission authorizes the city manager to issue a letter to Consultant 22 confirming a one -year extension of the September 30, 2001 agreement: 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI, FLORIDA; 26 27 Section 1. The city commission approves and authorizes the city manager to issue a 28 letter to Corzo Castella Carballo Thompson Salman, P.A., confirming a one -year extension of the 29 September 30, 2001 agreement. 30 31 Section 2.' This resolution shall be effective immediately. 32 33 34 PASSED AND ADOPTED this day of 2003. 35 36 APPROVED: ATTEST: 37 38 39 CITY CLERK Horace G. Feliu, Mayor 40` 41 42 READ' AND APPROVED AS TO FORM: Commission Vote: 43 Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Bethel: 46 CITY ATTORNEY Commissioner Wiscombe:' 47 Commissioner McCrea: F RESOLUTION NO: 112-01-11260 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE HOURLY RATES AND TO EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES ` AGREEMENTS WITH CONSULTING ENGINEERING AND SCIENCE, INC., CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. AND KIMLEY -HORN & ASSOCIATES, INC. AND PROVIDED THAT INDIVIDUALLY EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. WHEREAS, the City ,Commission desires to retain consultants to provide Professional General Engineering Services; and WHEREAS, pursuant to Florida Statute 287.055 -the City published 'a Notice for Professional General Engineering Services and °received a total of fourteen (14) responses; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission authorizes the City Manager to negotiate and to execute three separate professionals services agreements with: s Consulting Engineering & Science, Inc. • Corzo Castella Carballo Thompson Salman, P.A. • Kimley -Horn & Associates, Inc. Section 2: That the Agreement allows for renewal of an additional period of two years at the City's option. Section 3: That the negotiated Professional General Engineering Services Agreements be made part of this resolution. PASSED AND ADOPTED this 7th day of p,,,st 2001. ATTEST: APPROVED: a CITY' CLERK w MAYOR Commission Vote: 4_0 READ AND APPROVED AS TO FORM: Mayor Robaina: yea Vice Mayor Feliu: Out of town Commissioner Russell: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wiscombe: Yea I .,,. ; .e.T�"- "-- ",-. . '�C�— - ?"`h .T4°lM.,��"'t'<<"'r„ , , t, , ?" ] ,•nw _ s. =r P °�=i„ ..r - -:1; °i'c . ^S :""; A RESOLUTION NO: 112-01-11260 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE HOURLY RATES AND TO EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS WITH CONSULTING ENGINEERING AND SCIENCE, INC, CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. AND KIMLEY -HORN & ASSOCIATES, INC. AND PROVIDED THAT INDIVIDUALLY EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. WHEREAS, the 'City Commission desires to retain consultants to provide Professional General Engineering Services; and WHEREAS, pursuant to Florida Statute 287.055 -the City published a Notice for Professional General Engineering Services and received a total of fourteen (14) responses; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission 'authorizes the City Manager to negotiate and to execute three separate professionals services agreements with: • Consulting Engineering & Science, Inc. • Corzo Castella Carballo Thompson Salman,`P.A. • Kimley- Horn & Associates, Inc: Section 2: That the Agreement allows for renewal of an additional period of two years at the City's option: Section 3: That the negotiated Professional General Engineering Services Agreements be made part of this resolution. PASSED AND ADOPTED this 7th day of ,Gt 2001. ATTEST: APPROVED: s•C is . CI CLERK r MAYOR Commission Vote: 4 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: out of town Commissioner Russell: y CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wiscombe: Yea PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this 30$3 day of _, 2001 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and CORZO CASTELLA CARBALLO THOMP80N SALMAN, P.A., authorized to do business in the State of Florida, referred tows the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this agreement, the CITY agrees to employ the CONSULTANT for a period ending on September 330, 2003, and the CONSULTANT agrees to perform all professional services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00 or studies which do not exceed $25,000.00, herein after called the "SERVICES ". SECTION 1- GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 2.2 ,for a project, for a portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The CITY reserves, at all times, the right to perform any and all engineering work in-house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the .WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents - submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 PROFESSIONAL SERVICES 2.1 General Enizineering Services' The professional services to be provided by the consultant are as follows: A. Roadway. Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, speed reduction devices and incidental landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering, to including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. E. Other incidental services associated to the above items. 2.2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY,; the CONSULTANT agrees to provide complete professional engineering services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to co- ordinate his effort with that of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by the CITY shall prepare the final 'bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. ■ Professional Services Agreement General Engineering Services September 2001 Page 2 of 15 2.2.1 Phase I- Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding,' construction, and proposed date of completion: E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow - up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, model or photograph thereof may provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such approval. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict' with their utilities I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable).' The CONSULTANT'S opinions of probable ;Total Project Costs and Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgement as an experienced and qualif ed professional engineer,' familiar with the local construction industry and prices. ■ Professional Services Agreement General Engineering Services September 2001 Page 3 of 15 J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he shall not proceed with the next Phase until directed by the CITY. 2.2.2 Phase I1— Study and Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings,', outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project , Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge; for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III — Final Design ! Construction Documents Development: A. ` From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the I Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ( "D" size), on the City's standard sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: I. Non'- drawing submittals in Microsoft Office format. ■ Professional Services Agreement General Engineering Services September 2001 Page 4 of 15 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. _ When the development of the drawings has progressed to at least 50% completion in Phase IIl, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the 50% documents is received from the `CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CITY. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the 'CITY increases the total allocated funds or the CONSULTANT and the CITY' agrees on methods of cost reductions sufficient to enable construction within the funds available. G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc,) for the final approval. 1. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as determined under paragraph 2,2.1 A. The 100% complete Check set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall furnish to the CITY a minimum of 30 sets of drawings and specifications, for bidding purposes,` unless instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" and/or - make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents meet the necessary requirements to obtain all the necessary permits- for construction. CONSULTANT shall respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. i • Professional Services Agreement General Engineering Services September 2001 Page 5 of 15 2.2.4 Phase IV - Bidding and nd Negotiation Phase; A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as . indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall be present during` the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre-Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualifications' of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. suspend or abandon the Project, or 5. exercise all options under the City Charter and State Law. NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re -bids, and awarding the re -bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction' Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is over 15% of the CONSULTANT estimate. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will ',be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V - General Administration of the Construction Contract: A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. ■ Professional Services Agreement General Engineering Services ` September 2001 Page 6 of 19 -- e�— w,- r ^.�+a �^-,,,,H m- ,�,x -a -°�'°' ^a,'a, r 2_,.x,+s;,;r.a°- :s€,.r's, r -, a^- ,z'T'",.•.. ,. zz >. ^',^ 'h x... ^'mm,7 C. The CONSULTANT shall attend pre- construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on -.site observations to check the quality or quantity of the WORK as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1 an evaluation of the WORK for conformance with the contract 'documents upon substantial completion. 2. the results of any subsequent tests required by the contract documents. 3, minor deviations from the contract documents correctable prior to completion and acceptance of the project. H. - The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers' it necessary or advisable to insure compliance with the Contract Documents, he will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. ■ Professional Services Agreement General Engineering Services September 2001 Page 7 of 15 I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate' of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or, system,' 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean -up of the project. 2.2.6 Phase VI - Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY reproducible record drawings_ updated based on information furnished by the Contractor; such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee /warranties for correction. He shall' assist ` the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design- and construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. • Professional Services Agreement General Engineering Services September 2001 Page 8 of 15 I ;;;'f°: --: fin.•.?+n'i'a. =.,'7'-s.. 1r+... ,'r-„.?s; ,. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured .drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting'of quantity surveys itemizing all material, equipment and labor required for a Project. G. ` Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. L Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services of one or more full -time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a'Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. • Professional Services Agreement General Engineering Services September 2001 Page 9 of 19 ,. _ . �, SECTIONS - TIME FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. SECTION 4 - BASIS OF COMPENSATION The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue' oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. Multiple of direct salary expense: The "Not to Exceed" fee may be based on multiple of 3.0 times the salary rate, as determined from salaries reported to the Director of Internal Revenue, of the personnel engaged directly on a project, not to exceed 140 dollars per hour by either principals or employees. For the purpose of this agreement the following are to be considered as Principals: Jorge E. Corzo, P.E. Javier Salman, R.A. Leroy Thompson, PhD., P.E. Ramon Castella, P.E. Robert Carballo, P.E. B. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY and the CONSULTANT: C. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following: Category Hourly Rate Principal $140.00 Project Manager $105.00 Senior Engineer $95.00 Engineer $75,00 Construction Manager $95.00 Construction Inspection $55.00 Senior Draftsman/Technical /CADD Operator $65.00 Draftsmen $55.00 Data Processing / Clerical $45.00 ■ Professional Services Agreement General Engineering Services September 2001 Page 10 of l l ,e,... ? +-r ,-a-, ., ._ „- '"�`- ;ra— *x- F�- ,';- �;•-”- .r—.n m, . ...,...r? -s ,., 1.,Tm.-'^ —... .,,: rr- "�'.T'_". �'�;..c. „ ^`%`?r,, ,.,"'.-_ ,�T. .- ..r ;1-nr � ":,sss+.; '.-"�rrt'$i cam, :"?.+'T.. . Yom"^,?; .`�� Y*,?.. Hourly rates will include all wages, benefits, overhead and profit. SECTION 5 - PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15 % upon completion and approval of Phase I. 35 %n upon completion and approval of Phase II. 55% upon submittal and approval of 50% complete drawings and outline' specifications' of Phase III. 75 %' upon 100 % completion and approval of Phases III and IV, 90% upon completion of the Project and approval of all WORK Phase V). "100 %a upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information: 1 The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. d. Amount earned. - e. Amount previously billed. f. Due this invoice. g. Balance remaining h. Summary of work done this billing period. i. Invoice number and date. 3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6-- RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be 'final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, • Professional Services Agreement General Engineering Services September 2001 Page 11 of 15 shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either parties, in accordance with the Industry Arbitration Rules of the American Arbitration Association. SECTION 7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CITY. SECTION S - COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on` behalf :of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court ,appearance and conference: The CONSULTANT shall confer with the CITY ` at anytime during - construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added' compensation. SECTION 9 - NOTICES Any notices, reports or other written- communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to `said CONSULTANT or his authorized representative. SECTION 10 -AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11— SUBLETTING The CONSULTANT shall' not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 - WARRANTY The CONSULTANT, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this 'contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission,; percentage fee, gifts or any other considerations contingent upon or ■ Professional Services Agreement General Engineering Services September 2001 Page 12 of 15 resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terrninate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections ` of the WORK previously authorized in accordance with the provisions ` of Section 4, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 - DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending September 30, 2003, although the actual completion of performance may extend beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at the end of the initial period. SECTION 16 - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved parry may declare the other party in default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made' for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due.' In the event of litigation by the other party to enforce the provisions' of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 17 - INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims; liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANT'S professional services under this Agreement. The CONSULTANT shall -pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from 'actions or omissions of the CONSULTANT's actions. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub- consultants, the registered professionals under this Agreement. ■ Professional Services Agreement General Engineering Services September 2001 Page 13 of 15' as , , The CONSULTANT shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability,' severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured and shall reflect the hold harmless provision contained' herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that 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 of the above insurance is to be placed with Best rated A-8 or better insurance companies, qualified to do business under the laws of the! State of Florida. The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (3 0) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 - AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. ■ Professional Services Agreement General Engineering Services September 2001 Page 14 of 15 SECTION 19 - CODES, ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a) SECTION 20 - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the City Commissioners. IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.112- 01- 11260 duly passed and adopted by the South Miami City Commission on August 7, 2001 ATTEST: CITY OF SOUTH MIAMI Ronetta Taylor, City Cl Charles D. Scurr,'City Manager ATTEST: CONSULTANT: l STATE OF FLORIDA ) ss: Acknowledgement of City of South Miami COUNTY OF DADS ) ■ Professional Services Agreement General Engineering Services September 2001 Page 15 of 15 The foregoing instrument was acknowledged before me this day of 2000 by CHARLES D SCURR and RONETTA TAYLOR, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. . 1 Notary Public, Stateof Florida ,eO' %,p Nkenga, Payne r Print name: AMY commission cc3ss3fle �fl«wr� Fxpires August 16, 2003 Commission No: STATE OF FLORIDA ) ss: Acknowledgement of Consultant COUNTY OF DADS ) The foregoin in trument was acknowledged before me this 'Z -7 day of Sepi 2004 by C mo 11 � of o0 e "N y, , 4 *ion behalf of the CONSULTANT'. He is personally known to me or has produced as identification. Notary Public, State of Florida Print name: ar w ricir>vorpwvsEx o < COMMISSChI NUMMR Commission Wr% Ic cc847462 APPROVED AS TO FORM & CONTENT of f y01 coULY 16 suE>t1�lREP3 Jill.`/ 1 & 2093. Earl Gallop, City Attorney ■ Professional Services Agreement General Engineering Services September 2001 . Page 16 of 15 �. .•- .- -^;-� ,�' Kzt ^: ,,�:% r-r� -, - ,,,�, a,.�,''..`7 .'"r,"'�ee`7'"..,,.'",._.z n�c": +.',,�; r i., �'mr,:ai �n �:�sa`-:�,+, F RESOLUTION NO: 1.12-01-11260 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE HOURLY RATES AND TO EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS WITH CONSULTING ENGINEERING AND SCIENCE, INC., CORZO CASTELLA CARBALLO THOMPSON SALMAN P.A. AND KIMLEY -HORN & ASSOCIATES, INC. AND PROVIDED THAT INDIVIDUALLY EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. WHEREAS, the City Commission desires to retain consultants to provide Professional General Engineering Services; and WHEREAS, pursuant to Florida Statute 287.055 ,the City published a Notice for Professional General Engineering Services and received a total of fourteen (14) responses; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City, Commission authorizes the City Manager to negotiate and to execute three separate professionals services agreements with: • Consulting Engineering & Science, Inc. • Corzo Castella Carballo Thompson Salman, P.A. • Kimley- Horn & Associates, Inc. Section 2: That the Agreement allows for renewal of an additional period of two years at the City's option. Section 3: That the negotiated Professional General Engineering Services Agreements be made part of this resolution. PASSED AND ADOPTED this 7j-h day of A „�st 2001. ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: 4 =0` READ AND APPROVED AS TO FORM: Mayor Robaina: Yea --a Vice Mayor Feliu: Out of town Commissioner Russell: Yea CITY ATTORNEY Commissioner Bethel: yea Commissioner Wiscombe; Yea s • • • August 15, 2003 Engineers Architect Planners City of South Miami Public Works Department 4795 SW 75th Avenue Miami, Florida 33155 Attention,- W. Aj bola Baingun; REM Public Works Director Reference: General Engineering Contract Extension Dear Mr. Balogun: EB0005022` AAC002142 We are in agreement to extending the terms, conditions and hourly rates of our current contract with the City of South Miami, for the proposed 1 -year` extension. If you have any questions, or need additional information, please do not hesitate to contact me at (305)`445 -2900, or via e-mail at rcastellae- c3ts.como Sincerely, Corzo Castella Carballo T ompson Salman, P.A. Ramon Cast, P.E. Principal RC /er L:\ Projects\ 1929 -00\ Correspondence \1 L081503WABalogun.doc 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: wwwc3ts.com _ Equal` Opportunity Employer ti soul, CITY OF SOUTH MIAMI South Miami q M Inter- office Memorandum INCORPORATED 1427 A �C O Rt0 2001 TO: Honorable Mayor, Vice Mayor DATE: October 7, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No.—ff City Manager XAJ�41 RE: Authorizing the City Manager to Execute agreement with Branching Out for the construction and installation of Fuel Management Systems. RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CONSTRUCTION AGREEMENT WITH BRANCHING OUT, INC. FOR THE INSTALLATION OF FUEL MANAGEMENT SYSTEM (KEY CARD SYSTEM) AT CITY HALL AND PUBLIC WORKS FACILITY, IN AN AMOUNT OF $20,655.15.00 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT OPERATING EQUIPMENT ACCOUNT NUMBER 01- 1760 -519 -6430; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS As you know, the city's current fuel pumping stations at City Hall and Public Works Department do not have a fuel management system. Without the fuel management system, the city has not been able' to properly account for fuel usage. ` The fuel management system will not only help to properly budget for fuel but it could also be used for evaluating vehicle maintenance, fuel tank inventory and equipment operation. To properly manage our fuel system, we are recommending the proposed automated fuel management system that will generate a comprehensive report. The report will include all transaction data, such as, -- vehicle, vehicle department, driver and quantity of fuel purchased by driver, after every transaction. Among other °features, the system will also keep track of all transactions per vehicle, per employee, date and time of access, odometer reasonability and restrict fueling, by fuel type and quantity. The attached proposal submitted by Branching Out, Inc'. piggybacks on their State 'Negotiated Agreem';ent Price Schedule (SNAPS II). We also requested approval of $2,694.15 contingency for unforeseen items, such as, underground conflicts during construction at City Hall. The account balance for the Public Works 'Department's Operating Equipment accountnumber 01 -1760 -519 -6430 is $35,000. . ,., .. ...,, ,,..,.. ,:- .,Y r = - -.;. _ � ,;«, r�r_ „n*r, ,,... .. ,; n �.; -. "„, g- ., :�� ' +;- a=`2,� -1 ;..',. ..,.+. '"';-' .•� —��+"�..- �,."�-ar - :"�' - . €;"1, ter, q e,�,= Page 2 of 2 Comm. Meeting Agenda October 7, 2003 RECOMMENDATION: It is recommended that the City Commission approve the resolution. ATTACHMENTS: ❑ , Proposed Resolution ❑ Proposal from Branching Out ❑ Copy of State Negotiated Agreement Price Schedule with Branching Out ❑ Copy of brochure of the proposed system I 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CONSTRUCTION AGREEMENT WITH 6 BRANCHING OUT, INC.' FOR THE INSTALLATION OF FUEL MANAGEMENT SYSTEM (KEY CARD 7 SYSTEM) AT CITY HALL AND PUBLIC WORKS FACILITY, IN AN AMOUNT OF $20,655.15.00 TO BE 8 CHARGED TO PUBLIC WORKS DEPARTMENT OPERATING EQUIPMENT ACCOUNT NUMBER 01- 9 1760 -519 -6430; PROVIDING FOR AN EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission wishes to provide fuel management system at both 12 City Hall and Public Works facility's gasoline pump and; 13 14 WHEREAS, the Mayor and City Commission authorize the City Manager to execute construction 15 contract agreement with Branching Out, _ Inc. for furnishing and installation of Fuel Management System in an 16 amount of $20,655.15.00. 17 18 NOW THEREFORE, BE 'IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF 19 SOUTH MIAMI, FLORIDA: 20 21 Section l: The city wishes to use the services Branching Out, Inc. for furnishing and 22 installation of Fuel Management System at City Hall and Public Work's gasoline pumping stations. 23 24 Section 2: The project will be funded through the Public Works Department's Operating 25 Equipment account number 01- 1760 - 519 - 6430.' 26 27 Section 3: That the Mayor and City Commission authorize the City - Manager to execute 28 construction contract with Branching Out, Inc. for furnishing and installation of Fuel Management System in an 29 amount of $20;655.15.00. 30 31 Section 4: This resolution shall be effective immediately. 32 33 PASSED AND ADOPTED this day of 12003. 34 35 APPROVED: ATTEST: 36 37 38 CITY CLERK Horace G. Feliu, Mayor 39 40 41 READ AND APPROVED AS TO FORM: Commission Vote: 42 Mayor Feliu: 43 Vice Mayor Russell: 44 Commissioner Bethel: 45 CITY ATTORNEY' Commissioner Wiscombe: 46 Commissioner McCrea: 23300 S.W. 134 Avenue ES 6740 Miami, Florida 33032 ® PCC 055725 ® Inc, EC 001470 Ph: (305) 258 -8101 CGC 006150 Fax: (305) 258 -3812 ENVIRONMENTAL ENGINEERING/ CONSTRUCTION CFC 057075 J• 2 Mr. Rudy DeLatorre City of South Miami. Police- Department /City Hall 6130 Sunset Drive Miami, Florida 33143 RE: Proposal for Key Card System for the City of South Miami Police Department /City Hall Dear Mr. DeLatorre In accordance with your 'request, this proposal between Branching Out, Inc. ( "Contractor ",); and City of South Miami ( "Client ") for professional environmental and construction services is submitted for your consideration and approval. I PURPOSE OF AGREEMENT / PROJECT DESCRIPTION Purchase and installation of Key Card Systems for City of South Miami Police Department /City Hall Contractor Shall 1. Provide and install Emco Electronics Advanced Fuel Control (AFC)2 hose system complete with surge suppressor, software and 50 keycards (City to provides names and numbers). _ 2. Retrofit the existing Gasboy 9152 pump as required. 3. Use existing spare breakers, wiring and spare conduits to connect dispensers and electrical to AFC. 4. Install new communication line from AFC to inside Police Station Desk (not to exceed 100 linear feet) City of South Miami Police Department /City Hall Page -2- Please Note: This Proposal assumes that the City will provide modem line to the AFC and access to PC computer. II COMPENSATION These tasks shall be performed for the lump sum fee ... $9,600.00 Should you have any questions or require additional information, please contact me at (305) 258 - 8101. Very Truly Yours, Robert ghes Branching ?Out, Inc. Environmental Engineering &'Construction 23300 S.W. 134 Avenue EB 6740 Miami, Florida 33032 ® PCC 055725 EC 001470_ Ph: (305) 258 -8101 CGC 006150 Fax: (305) 258-3812 ENVIRONMENTAL ENGINEERING/ CONSTRUCTION CFC057075 J , 2002 Mr. Rudy DeLatorre City of South Miami Public Works 4975 S.W. 75th Avenue Miami, Florida 33155 RE: Proposal for Key Card System for the City of South Miami Public Works Dear Mr. DeLatorre: In accordance with your request,' this proposal between. Branching Out, Inc. ("Contractor") and City of South Miami ( "Client ") for professional environmental and construction services is submitted for your consideration and approval. I PURPOSE OF AGREEMENT / PROJECT DESCRIPTION Purchase and installation of Key Card Systems for City of South Miami Public Works. Contractor Shall: 1. Provide and install Emco Electronics Advanced Fuel .Control (AFC)2 hose system complete with surge suppressor, software and 50 keycards (City to provides names and numbers) 2. Retrofit the existing Gasboy Bennett 4013 pump as required. 3 Use existing spare breakers, wiring and spare conduits to connect dispensers and electrical to AFC. - City of South Miami Public Works' Page -2- Please Note: This Proposal assumes that the City will provide modem line to the AFC and access to PC computer. II COMPENSATION These tasks, shall be performed for the lump sum fee... $8,361.00 (This includes 5% discount' from Emco Electronics for existing equipment) Should you have any questions or require additional information, please contact me at (305) 258 - 8101.' Vera Truly Yours, Robert Hughes Branching Out, Inc Environmental Engineering & Construction iAPI'S v' State Purchasing • 4050 Esplanade Way • Tallohossee, Florida 32399 -0950 • To be completed by the Vendor Branching out, inc, is an Environmental • SNAPS II Title: L.. Tk kl is TAMj LL4�. i��JRem o Val �, � � �°� Engineering, Level One period �� aCr Level TwoPeriod t, © _ �No. Level Three Period'u i 3OT.OD3� ( pp (f No. Level four Period No, *Federal Employment Identification or S.S. NumberW 65- 0417608 _ 'SPURS No, F650417608003 ' Vendor Name Branch ing�,� ' Vendor Mailing Address " City Homestead * State F1 on da _ *Zip 33032 — ' Telephone Number __ 3 0 5 _-25 * Toll -Free Number * Internet Address 'Email Address B " Area to be Served FI orida �nchoutl (�ao} r•om ' Fax Number —U3-- 7 � 12� "Warranty p 1. PURPOSE: Under authority of Section 287.042(1)(a) and (2) (a), the purpose of this proposal is to establish a negoti- ated agreement for commodities or services that are not available from a State Term Contract. The agreement will provide State Purchasing an opportunity to evaluate, assess and determine the need, benefit and value of commodities or services, and the feasibility of establishing state term contracts, through the competitive process. The agreement will free eligible users from the necessity of obtaining competitive quotations for a single purchase of commodities /services totaling less than Category IL The agreement does not exempt eligible users from the competitive bidding processes described in section 287.F.S. for commodities /services over the amount of Category IL Eligible users are state agencies, federal agencies, counties, municipalities, and institutions qualified pursuant to 240.605, FS.; private non- profit community transportation coordinators conducting business related solely to the Commission for the Transportation Disadvantaged qualified pursuant to 427 F.S. 2. The establishment of this agreement does not constitute an endorsement of the products or services by State Purchasing. 3. SNAPS III ,agreements are not exclusive and other vendors may offer similar products and services. Usage of SNAPS Irby state agencies is not mandatory. Vendors and agencies using SNAPS II have other purchasing', alternatives available. These purchasing alternatives are defined in Chapter 287.ES, 4. ORDERING LIMITS: State agencies may issue single purchase orders up to Category 11, and total cumulatively up to CATEGORY IV in an agreement year. Total agency -wide acquisitions during the each year of the agreement shall not exceed the threshold amount for Category IV, except that acquisitions by agencies with decentralized purchasing functions shall 6e considered on the basis of each purchasing office that maintains full -time purchasing staff. 5. PRICES, TERMS AND PAYMENT: Firm prices shall be offered and include all packing, handling,, shipping charges and delivery unless otherwise indicated. The vendor's name and address shown on invoices must be identical to the vendor's name and address on the purchase order. (a) Taxes; The State of Florida does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See tax exemption number on face of purchase order or agreement form. This exemption does not apply to purchases of tangible personal property in the performance or' agreements for the improvement of state-owned real property as defined in Chapter 192, Florida Statutes. b) Invoicing and Payment: The vendor shall be paid upon submission of properly certified invoices to the purchaser at 1 of 9 'd aTeces2soc oui 1no 2uiyouejq dBo :EO 60 E2 dos Branching Out, Inc. i i Service Price Schedule Effective Date 4 -1 -01 1. Petroleum System Service Work Hourly Labor Rates List Price Snaps Price Technician $54.40 $46.24 Helper 44.40 37.74 Material Rates cost plus 15 % 2. Environmental Services & System Design Rates Hourly Labor Rates List Price Snaps Price Design Services $105.00 $89.25 Tech 1 54.40 46.24 Field Technician 50.00 42.50 Project Manager 70.00 59.50 Equipment Operator 54.40 46.24 j Word Process: or 35.00 29.75' Clerical 30.00 25.50 Material Rates cost plus 15% Equipment Rates List Price /Day Snaps Price /Day Support Truck $99.00 84 $ .15 On Site Storage 70.00 59.50 Trackhoe 800.00 680.00 Backhoe 400.00 340.00 Frontend Loader 750.00 637.50 Plate Compactor 90.00 76.50 Vibro Roller 480.00 408.00' Concrete Cut Saw 75.00 63.75 - Service Price Schedule' E•d TBE8SZ'SOE oui -.no 2uiWnuejq dt30 :E0 E0 62 d8S Page -2- 3. Non-,Hazardous Soil Removal /Disposal /Treatment List Snaps Transportation (20 ton min) $13.00 -26.00 per ton $11.05- 22.10 per ton Thermal Treatment (20 ton min) 52.50 per ton 44.63 per ton Clean Backfill 15.00 per cubic yard 12.75 per cubic yard Prebum Analysis 445.00' each 378.25 each Disposal Oily Water for Services .90 per gallon .76 per gallon Disposal of Sludge 5.93 per gallon - 5.04 per gallon Travel & Per Diem Rates -Apply to All Areas Outside of Dade County Travel Time Regular Labor Rate Mileage FL Statute 112.061 Per Diem FL Statute 112.061 Motel $70 /day /man Additional Charges Equipment rental, permit fee's, subcontractors are costs plus 15% Overtime will be billed of labor rate x 1.5 for any work over 40 hours a week Other Services Offered A. Installation /Removal of Underground /Aboveground Petroleum Storage Tank Systems Branching Out, Inc. will provide a site specific lump sum or unit price proposal for projects falling outside the above scope of work. Typical Underground Tank Removal List Snaps 500 gallon tank no concrete- 4,850.00 4,122.50 1000 gallon tank no concrete 5,350.00 4,547.50 2000 gallon tank no concrete 5,850.00 4,972.50 3000 gallon tank no concrete 6,350.00 5,397.50 4000 gallon tank no concrete 6,850.00 5,822.50 5000 gallon tank no concrete 7,350.00 6,247.50 6000 gallon tank no concrete 7,850.00 6,672.50 7000 gallon tank no concrete . 8,350.00 7,097.50 8000 gallon tank no concrete 8,850.00 7,522.50 9000 gallon tank no concrete 9,350.00 7,947.50 10000 gallon tank no concrete 9,850.00 8,372.50 12000 gallon tank no concrete 10,350.00 8,797.50 Service Price Schedule 'Page -3- 2IBE892906 oui qno 2uigouejq d60:E0 EC Ea des B. Petroleum Storage System Upgrades and Tank Installations 1. Replace pumps, hoses, nozzles, breakaways, gauges, dispensers, etc. Hourly rate $46.241Hr. Portal to portal and materials. 2. Installation of aboveground fuel tanks. Typical ConVault or vaulted 2 hours fire rated tank on precast slab, no electrical, Typical aboveground Tank Installation on Client Provided Slab: List Snaps 500 gallon ConVauft tank on precast slab $2,670.00 $2,269.50 1000 gallon ConVault tank on precast slab 3,170.00 2,694.50 2000 gallon ConVault tank on precast slab 3,670.00 3,119.50 3000 gallon'ConVauit tank on precast slab 4,670.00 3,969,50 4000 gallon ConVauit tank on precast slab $,670.00 4,819.50 5000 gallon ConVaukt tank on precast slab 6,670.00 5,669.50 6000 gallon ConVault tank on precast slab 7,670.00 6,519.50 7000 gallon ConVault tank on precast slab 81670.00 7,369.50 8000 gallon ConVault tank on precast slab 91670.00 8,219.50 9000 gallon ConVault tank on precast slab 10;670.00 9,069.50 :670.00 10000 gallon ConVault tank on precast slab 11, 9,919.50 12000 gallon ConVault tank on precast slab 121670.00 10,769.50 C. Installation of Fleet Management and Dispensing Systems Branching Out, Inc. will provide a site specific lump sum or unit price proposal for projects failing within the above scope of work. , D. Underground/Aboveground Petroleum Storage Tank System Design & Engineered Drawings Branching Out, will provide a site specific lump sum or unit price proposal for projects falling within the above scope of work. E. Remedial Action System Construction Branching Out, Inc. will provide a site specific lump sum or unit price proposal for projects falling-within the above scope; of work. S ' d B T 8E6SZSOE ou i qno ; u i goue.iq d60:60 ED 62 die �MMW"" r � x ® The Comprehensive ELECTRONICS Automated Fuel . <: . Put fuel control management at your fingertips ■ Use the Administrator software to program your vehicles, drivers, personal identification numbers, limits, etc. ■ Then transmit the configuration to the AFC. ■ Once data has been processed by the AFC, it can be accessed through your PC. Then use the Administrator software to print the reports you need the way you need them. ■ And when the AFC's data is transferred to your PC, we put your business at your fingertips with programmable Vehicle and Driver information, Fuel restrictions, Driver and Vehicle lockout, Department discounts, Odometer reasonability, Security, Reporting, and so much more.;...... y z. Operational Features Installation and Service Features • Program via Remote PC or at the AFC ■ Pre- punched conduit termination panel simplifies installation... • Track Declining Tank Inventory, with low -level alert and ■ Field Wiring Terminals are clearly marked and easily accessible in the programmable pump deactivation levels spacious enclosure ■ Access 'the Phoenix AFC with the traditional Magnetic ■- Modular design makes servicing the Phoenix AFC easy. Simply identify Card or system keypad or the durable DuraKey or all the problem and replace one of its subassemblies • 80- column dot - matrix printer journalizes every transaction ■ Fewer cable connections minimize maintenance and decrease service time • Lithium battery protects stored transaction data during ■> Manual Override Switches allow you to bypass the card system power losses if the unit is not operational • Weather shields guard Card /DuraKey reader ensuring uninterrupted operation in the most inclement weather Fuel Management • Four -line, 80- character back -lit display ■- Fuel type and assignment report • Standard Display Heater ensures normal operation in ■ Fuel type pricing cold temperatures ■ Provides security against product theft • 48 -inch stainless -steel pedestal (121.92 cm) ■ Totals by fuel type and fuel position • Scalable Pulser ratio I : I to 1000 : F ■Totals by shift • Year 2000 compliant ■Grand totals • Selectable maximum fuel by fueling position ■ Running totals • Selectable automatic shift change ■ Tank inventory • Automatic loss deactivation on pulser failure ■ Automatically keeps track of all transactions by vehicle, driver, and • Department discounts department, eliminating manual record keeping ® Accumulates information on card numbers, date and time of access, Capacity hose number, and amount fueled ■ 10 Remote units ■ 255 Departments ■ Tracks totals, by Card /DuraKey, hose, product type, department driver, ■ 8,000 Cards ■ 255 Fuel Types and vehicle - -'" ■ 10,000 Vehicles ■ 255 Fueling Positions _ Fleet Features ■ 10,000 Drivers . ■ Upgrodable to 2000 Stored Transactio s ■ 650 Stored Transactions ■ Odometer reasonability ■ Vehicle: classification Specifications ■ Maintenance alert • Enclosure Dimensions: IONx 12 "W x 20'D ■ Maintenance lockout (25.4 cm x 30.4 cm x 50.8 cm) ■ Restrict Fueling by fuel type or quantity • Operating Temperature -40° F (-40° C) to 158° F (70° C) ■ Optional expiration by date and time for vehicles, departments, and • Input Power 1201240 VAC, 50160 Hz, 100 Watts Cards /DuraKeys, • Output Relay Rating ■Taxable and nontaxable fuel totals Motor Duty ' 113 HP, 120 VAC 112 HP, 240 VAC ■ Programmable user prompts Pilot Duty I OA ' ■ Program DuraKey at AFC, or use the optional DuraKey Encoder Pulser Supply 12 VDC,, 2.5W max Hose Capacity 8 -Hose maximum How To Order DuraKey Capacity 10,000 Keys ■ Description Part # Governing Standards UL, cUL AFC System - 2 Hose AFC 1002 �(l AFC System - 4 Hose AFC 1004 6 MC Warranty AFC System - Hose AFC1006 M 2 years on p its l =' AFC System - 8 Hose AFC1008 ■ Options: - / ✓ Card Reader AFC2025 Encoder Model AFC AFC2030 Remote Communication Adapter AFC2020 TUTHILL Transfer Systems W1 . TUTHILL ... EUROPE'S.A. ELI . 114300 Mackenan Drive Parc Industrial Warve Nord - Avenue Vesale 30 Cary, North Carolina USA 27511 B -1300 Warve Belgium , Tel 919 460 -6000 Fax 919 460 -7595 Tel 32- 10/22.83.34 Fax 32- 10/22.83.38 www.tuthill.com - - Prices and specifications subject to change, PN439738 Printed in USA 4/99 - The modular design of the Phoenix AFC makes it easily accessible for installation and upgrades. It has all of the features you need along with durability and serviceability. Clear Keypad Clear backing on the keypad allows you to easily test key operation Heated Display Ensures operation in cold temperatures Diagnostic Lights Lights help you to quickly diagnose system malfunctions Pump Control Connections Adding more hoses is easy. Simply install additional pump control boards onto the existing pump connectors i r Y* f 1 1 r � I t i � S {{ i Field; Wiring j Fewer Cables Terminals ' ' fewer cable connections Clearly marked (plug-in) Prepunched Stainless Steel reduce system failures, terminals make the Conduit The stainless -steel cabinet plifying sim system installation S y Bypass stem B system easy to install Installation time is and pedestal withstand the p and board replacement Manual override switches and service significantly reduced harshest environment allow the user to bypass by prepunching conduit the card system if the unit entry plates is not operational I FUEL MANAGEMENT SYSTEM Key Card System Location Cost 1. City Hall $ .9,600.00 2. Public Works Facility $ 8,361.00 3. Contingency* $ 2,694.15 Total: $20,655.15 *The= contingency is for unforeseen items, such as, underground conflicts during construction at City Hall. ,tra .< =.r. -,. ��...r fr ar ,.,,ry-r•.g�z -�i,: t'"^�'r- r,? ^�.: P"'a'v.�s >,-a� - �,�.§.,- i- "%i-"'- `§�".. ..., .:��= "- ^^.�-, .., ., ... n"+�„i,�":�-.4^F,r is �3. -;:'e1 'i'��". CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 7, 2003 From: Maria V. Davis AGENDA ITEM # / 2010 City Manager Re: Commission Meetin g Oct. 7, 2003 CP1Pntinn of hank- to ,jervice t-iry accounts RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BANKING SERVICES, SELECTING FIRST NATIONAL BANK OF SOUTH MIAMI TO CONTINUE SERVICING THE CITY'S MAIN BANK ACCOUNTS, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is seeking your approval for the First National Bank to continue servicing our main bank accounts, which we opened with them in 1998. In response to recent inquiry by the Budget and Finance Review Committee regarding the service charges paid by the City on its accounts, the Finance Department solicited and received bid proposals from seven banks in the surrounding areas to provide banking services to us. In reviewing the bids and making the final selection, we considered the active participation of the banks in Chapter 280 of the State of Florida Statute qualified public depository institution insurance program. This program offers a means of ensuring that governmental entities funds are protected beyond the $100,000.00 account balance protection offered by the FDIC. All the banks we evaluated met this requirement. After thorough evaluation of their rates, the First National Bank of South Miami is chosen. RECOMMENDATION I strongly recommend approval of this resolution. i RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, - RELATING TO BANKING 5 SERVICES, SELECTING FIRST NATIONAL BANK OF SOUTH MIAMI TO 6 CONTINUE SERVICING THE CITY'S MAIN BANK, ACCOUNTS, AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the First National Bank of South Miami has been servicing the City's main 10 bank accounts since 1998; and 11 12 WHEREAS, in a dual- effort of finding better service cost and complying with the City 13 Charter, provision regarding competitive bidding procedures, the City Administration solicited 14 and received proposals for services from seven banks in the surrounding area; and 15 16 WHEREAS, of the seven proposals received, First National Bank offers the best full -.line 17 services requested by the City at the best rates, and 18 19 WHEREAS, First National Bank of South Miami has met the requirements for qualified 20 public depository institutions as provided in Chapter 280 of the Florida State Statute which states 21 that any banking institution handling funds of governmental entities "within the State of Florida 22 must pledge certain percentage of its assets as collateral, above and beyond the FDIC required 23 $100,000 insurance program, for protection against default by the bank. 24 - 25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI THAT: 27 28 Section 1. The City Manager is authorized to continue the City banking relationship 29 with First National Bank of South Miami as provided in their proposal to the City. 30 31 Section 2. This resolution shall take effect immediately upon approval. 32 33 PASSED AND ADOPTED this day of , 2003. 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 READ AND APPROVED AS TO FORM: Commission Vote: 41 Mayor Feliu: 42 Vice Mayor Russell: 43 CITY ATTORNEY Commissioner Wiscombe: 44 Commissioner Bethel: 45 Commissioner McCrea: o O9 00 MI 1 0 O 00 �1 N oN 00 O O LO M. 04 O 00 w F z Y z Q I m 000 O O O� O O LO N LO (M 00 O r r O O O O O r- o N_ N_ f M (O NO 000 O O M 0 OO Z J o. Oz m _ -00 0000 r ITS._ °O N� 0 LO OOO O O OO U o 00 O w N M V Y u3 yr ea Co w U m w w _ v, Zu� O O O. 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Z' v Y z Q °O O O co O- F U') N I- ° p Z Q J a Z Oz_ zQ �m - - °o - J' Q 0 D CL N ° O o z LO z0 o V W d (n °o co 0 W.(A Q 2 Z U m LO ce) H - -- °o °o - °o °o ° Lq Z� N N fM J co zz Z F- V � 0coo o000 00 00 N �- UCJOU) N LO Lo Yw J Z 0 Wm U co 7 a Z H M 0 In LO Q d'O S. O �LLIQ ~ww Z JN W z Q ��UJ 2 ~ a U. _ JOI- Q W U) V a ° o > � > � °�JW C9 to F Y Z ~ U O Q H> ❑. J> J < CD Y.m U U U U >cU > ° V O OOO 000 BOO MOO O O O O�� co O.O W fA W 41 (` N F z W o ui o vi o cri Cl o (0 co m L6 00 � o ff a W J Q Q N v J Q CL Z i -0 ayi MO v Q OLL ZZ m z rn m 00 0U` 3 U cc ZV F z 0 �O U _i J W Oa M_ U =D W� W a m a m OS W fAJ O Q H w a w w _ Z 03 F W W F j a i w z Y Z Q m _ N 0.' W F- Z a OZ z' Q �m J a W OQ U m Y m W J d' U }Z H F- Z U � Y W W m a F N U F Z F.- H f-0 LL J�. t9O j� Q LL Q d a O° 2 OWW W O0 O� z0 -U _ o =moo _ U W r�z� Q N'Z r�zOM 0 w2 -w LL m 7 m LL >�_>WW ? F N V � d U W ~ O -' Z 20� 2Qw�a'S �O� Vd Y �a_j W QH0 LL m �N Lo x N LU 2? Q Lli Wm Z F— G W W a' W 0 U ~ N W CO p Z WOa LU Q W 12 Lu 2 Lt5w,); LU W Z U W `co t] First National of nk South Miami August 29, 2003 Mr. Hakeem Oshikoya Director of Finance City of South Miami 6130 Sunset Drive South Miami FL 33143 CURTISS F. SIBLEY PRESIDENT Dear Mr. Oshikoya: Let me thank you for the opportunity to refine our bank's proposal to better meet the needs of our two organizations. As you know First National Bank of South Miami is South Miami's hometown bank. Being your home town bank commits us to be highly active in community affairs as well as providing the city administration with banking services in a professional and equitable manner. We would certainly like commit tpur continue relationship with the City of South Miami by submitting the following concessions to our proposal of May 28, 2003: • We will discontinue assessing a fee for coin and currency. (Approximately $135.00 per Month). • We will assess a fee ($4.95) for your Master account only, yet give you access to all checking and money market accounts through our new E- banking product, ManagelT. • Commit our current fee schedule for two years including items that are currently not charged such as ZBA account and transaction fees, monthly sorting of your checks, incoming wire transfers, non -cash courier and the previously mentioned coin and currency fees. • We will convert your non- interest Master account to a NOW account which is currently paying .25 %. • We, will change your Repurchase Agreement account to pay interest at 10 basis poimts below the previous month's average Fed Fund rates (currently .9597). • We will implement excess earnings credit carry forward for a rolling 12 month period. 5750 SUNSET DRIVE, SOUTH MIAMI, FL 33143 A 305.662.5427 ♦ WWW.FNBSM.COiw City of South Miami August 29, 2003 Page two I have included a revised recap of your projected account analysis, which you had asked Ed Kitchen to provide, using the three month average monthly transaction counts that you have supplied. We believe that the above concessions, as well as First National Bank of South Miami's community service actions in the past, present and future, will be an overwhelming reason to continue to allow us to be "your hometown bank ". We will implement the concessions immediately upon the city's approval. Please do not hesitate to call me at 305 - 662 - 5427 or Ed Kitchen at 305 -662- 5462 if you need clarification of our proposal. Sincerely, Curtiss F. Sibley President cc Maria Davis, City Manager Edward B. Kitchen, Senior Vice President Request for Proposal Banking Services Recap of AH Demand Deposits Accounts All Units Based on May 2003 estimated activity Prepared For: City of South Miami Requires Services: Proposed Fee: # Units Amount Demand Deposit Account (DDA) Maintenance Fee: $10.00 3 $30.00 ZBA (Accounts Payable) $0 1 $0 ZBA (Payroll) $0 1 $0 ZBA Master (General Fund) $0 1 $0 ZBA transfers $0 $0 Subsidiary (Overnight Investment) $0 1 $0 Overnight Investment Trx Rate $0 Deposits /ACH Credits 5 38 $ 5.70 Checks /ACH Debits 5 619 $92.85 Checks Deposited 5 533 $79.95 Currency Deposited charge )No $0 Coin Counting (Parking) charge $0 FDIC Ins. 151 per $1000 Avg Bal400 $ 6.04 ACH Origination 5.00 per month 1 $25.00 ACH Items 7 363 $25.41 ACH File 'Fee $1.75 per file 4 $ 7.00 E- Banking, all deposit accounts $4...95 per month 1 $ 4.95 Item Sort No Charge Wires Incoming No Charge Wires Outgoing' $15.00 1 $15.00 Wires Foreign $55.00 Returned Deposit Items $5.60 1 $ 5.00 Courier Monthly No charge (No cash) Total Services 90 Current Earnings Credit: 90% of avg. 90 Treasury Bill Rate adjusted monthly - 05103 -.96% (90% of 1.07%) Estimated Balances to Offset Service Charge $400, 000 Non interest balances — will vary with volume and rate changes Recommended Target Balance: Will vary with volumes and Treasury Bill Rate Changes Overnight investment Rate: 10 basis points below prior month's average Fed Funds rate (05103 1.08%) All unit costs are based on our current fee schedule and will be guaranteed for two years First National Ba of nk South Miami FLORIDA'S MOST CONVEMIENTBAAW August 8, 2003 Mr. Hakeem K. Oshikoya, CPA, CGFM Director of Finance and Administration City Of south Miami 6130 Sunset Drive South Miami, Florida 33143 -5093 Dear Hakeem, P.O. Box 8608 Ft. Lauderdale, FL 33310 -8608 (954) 760 -5000 It was a real pleasure to meet you, Sylvia and Wiener yesterday. We are very excited about the possibility of becoming your cash management bank. In addition, we are grateful for the opportunity to "refine" our pricing! 1. As I mentioned, we would place the City of South Miami main operating account in a Public Funds Now account which is currently paying .9 %. This rate is generally 10 basis points less than the Targeted Federal Funds rate for any account carrying more than $100,000. In addition, we will add to that the regular earnings credit allowance which is the 90 day average of the 30 Treasury bill rate (calculated monthly). So, on the analysis we gave you, the total rate for the month of May would have been 1.97% o. You have a list of the earnings credit rates for the year 2003 which I left with you yesterday. 2. We will arrange to have you settle with us quarterly rather than monthly. We will send you an account analysis each month to show you the balance levels, earnings rate and transactions. In the beginning, we would meet with you monthly (if you would like) to go over this with you to make sure that everything is in order. 3. If you elect to have a check sort on the account, the charge would be $30 per month maintenance and $.03 per item. You will note that on the analysis we listed a CD ROM of checks which would be much cheaper at $10 per CD and .05 per item. We hope to show you ways to reduce service charges by using the latest technology available from the banks. 4. If you select us as your new bank (and we hope you do!), we would like to meet with you at the beginning to talk about your current cash management system, how: to make things more efficient, I cut down on service charges and maximize interest earned on these accounts. In this way, we can learn much more about how you operate your business and help to ensure that you are getting all the services you need without overbuying. MICE www.BankAtiantic.com �® 5. We hope that you will consider the positive pay service. Even if you do not select BankAtlantic as your new bank, we urge you to give this a high priority. I have visited several municipalities in the Miami area and most have experienced check fraud. It is an insurance policy that you cannot afford to pass up. As I mentioned, you usually can get your money back, but it takes time, paperwork, and possibly lawyers. A $500 potential loss can really cost $2000 in terms of collecting your money. All of this can be avoided with the positive pay service: 6. Pricing as stated in our most recent pro forma is guaranteed for a period of two years from the start of the service. If I have left anything out, please let me know. We thank you for your interest in BankAtlantic. With kind regards, Sincerely, Martha M. MaDan Vice President Public Funds b Pro Forma Account Analysis Statement COMPANY Based on: Account: SUMMARY. Q"A....:::... :..:..:.. :< AVERAGE LEDGER BALANCE $448,238.00 LESS: FLOAT AVERAGE COLLECTED BALANCE $448,238.00 AVERAGE POSITIVE COLLECTED BALANCE $448,238.00 LESS: RESERVES @ 10.00% $44,823.80 AVERAGE NET POSITIVE COLLECTED BALANCE $403,414.20 EARNINGS CREDIT @ 1.970% $653.20 LESS: ACTIVITY CHARGE $653.20 NET ANALYSIS POSITION ($0.00) AAL!iS. Q.HA�t� UNIT ACTIVITY BALANCE BALANCE BASED SERVICES CHARGE ACTIVITY CHARGE EQUIVALENT FDIC INSURANCE $0.0424 X _ $0.00 $0.00 BASIC SERVICES ACCOUNT MAINTENANCE $10.00 X 3 = $30.00 $20,586.58 OD /UNC CHARGE 7.00 % X 0 = $0.00 $0.00 CHECK CLEARING SERVICES DEPOSITS CREDITED $0,250 X 38 = $9.50 $6,519.08 ON -US ITEMS $0.05 X 0 = $0:00 $0:00 LOCAL ITEMS $0.05 X 533 = $26.65 $18,287.74 TRANSIT ITEMS $0.05 X 0 = $0.00' $0.00 CHECK PAYING SERVICES'' ITEMS PAID $0.10 X 619 - = $61.90 $42,476.97 ZERO BALANCE ACCOUNTING ZBA MASTER $25.00 X 1 $25.00 $17,155.48 ZBA''SUB ACCOUNTS $5.00 X 2' $10.00 $6,862.19 ZBA'DEBITS OR CREDITS $0.06 X 0 $0.00 $0.00 DEPOSIT RETURN ITEMS RETURN ITEMS (Chargebacks) $3.00 X 0 = $0.00 $0.00 FAX NOTIFICATION (PER ITEM) $2.00 X 0 = $0.00 $0.00 REDEPOSITED ITEMS $1.50 X AUTOMATIC CLEARING HOUSE (ACH) ACH ITEMS ORIGINATED /RECEIVED (credits) $0.06 X 58 = $3.48 $2,388;04 ACH ITEMS ORIGINATED /RECEIVED (debits) $0.06 X 0 = $0.00 $0.00 CASHLINK SERVICES - WEB BALANCE REPORTING MODULE, (3 ACCTS) $15.00 X 1 = $15.00 $10,293.29 OVER 500i TRANSACTIONS $0.05 X 92 = $4.60 $3;156.61 ACH MODULE $15.00 ` X 1 $15.00 $10,293.29 ACH CREDITS $0.06 X 352 $21.12 $14,492.95 INTERNAL TRANSFER MODULE $15.00 X 0 = CASHLI'NK TRANSFERS DEBITS OR CREDITS $0.35 X 0 = Pro Forma Account Analysis Statement COMPANY Based on: Account: WIRE TRANSFERS SERVICES INCOMING WIRE $6.00 X 35 $210:00 $144,106.03 $0.00 $0.00 INVESTMENT SERVICES $0.00 $0.00 POWER SWEEP $60.00. _ X 1 $60,00 $41;173.15 $0.00 CASH VAULT SERVICES $0.00 CURRENCY / COIN DEPOSITED (PER HUNDRED) $0.08 X 1,500 _ $120.00 $82,346.31 CURRENCY /COP SUPPLIED (PER HUNDRED) $0.08 CD ROM OF PAID ITMES BASE CHARGE $10.00 X 1 $10.00 $6,862.19 PER ITEM $0.05 X 619 $30.95 $21,238.48 TOTAL':FEES /COMPENSATING BALANCE REQUIRED $653.20 $448,238.39 ."€'.; =r - _ ".+v.;, <i"", �'TP� ,s�" n .£ %; . fir, � F Win. .l°.:1 °°3, c+., Y3'"S„ ;'3.`°`+*. ' �- rS��S "},_.?$�'P�'4%�^��^`'p;':i'. 4'a'^.;2c.,'�'(F, .x41'f,*„h K x'�;'_ „f,' ✓„ Sent Sy: CASH MOT; 554 5B5 3553; 22 Sep'03 12 :52PM;Job 957;Page 214 September 22"' Hi Sylvia! We have orice again revised our pricing: We are waiving the changes for the first 500 checks paid per ;month on the analysis, In addition, we are lowering the AC H per itenri From b cents to 5 cents. We will guarantee all the pricing, for three years as we have stated before. In addition, l have lowered the earnings credit allowance to rnake it more current. The Public Punds NOW rate is .85% and the earnings credit is .94 which gives you a total of a 1 ,!°9%, Maria Armas will also buy the first order of checks on the payables account For the City ifybl' elect to rume with us. We loops this helps to swing the deci.sion our way and we thank you for your attention, Please call , -ne with any questions at 954- 585 -2846, Thanks from Martha Sri. Mal azY 'dice President I I DEPOSIT, RETURN ITEMS NARY 50.00 RETURN ITEMS (Ci10rgabacks) $3.40 X 4 = $410,000-00 AVERAGE LEDGER BALANCE FAX NOTIFICATION; (PER ITEM) $2.00 X t7 $0.00 LESS: FLOAT REDEPOSITED ITEMS $1,50 x $410,000.0(7 AVERAGE COLLECTED BALANCE AIUTOMAT)C CLEAR'INO HOUSE (ACH) AVERAGE pOSITIVE COLLECTED BALANCE ACH ITEMS RIGINATE- °L3IRKEIVED (credits) $410,000:00 LESS, RESERVES @ 10.00 °da ACH ITEMS t' SRIGiNATEiDIRE+ EIVEIO (debits) $0,05 X AVERAGE NET POSITIVE COLLECTED BALANCE CASHLINK SERVICES - WES $410,000.00 EARNINGS CREDIT BALANCE REPORTING MODULE (0 ACCTS) $15.00 X 1 = $502.62 LESS: ACTIVITY CHARGE OVER 500 TRANSACTIONS $0.05 x 82 = $460 $147403 ACH MODULE $15.00 7{ $® 56 NET ANALYSIS POSITION ACH CREDITS $0.06 X 351 $21.1',? $15,95(7.34 UNIT $15,00 x ACTIVITY BALANCE 13A LANCE EASED S AV1 CASHLINK TRAMPERS DEBITS OR CREDITS K35 �I�OyTY �� qaagfi EQUiVA69NI IODIC INSURANCE $10.0424 X - $0.00 $0.00 BASIC SERVICES ACCOUNT MAINTENANCE $10,00 x 3 W $30:00 $22,6 .'7'3 ODIUNC CHARGE 7.00% x 0 = $0.00 $0.00 CHECK CLEARING SERVICES CEPOSITS CREDITED $0.250 x 38 = $9.50 $7,174.63 ONUS ITEMS $0.05 X 0 ° $0.00 $000 LOCAL ITEM$ $0,05 x 53$ w $26.65 $20,126.73 TRANSIT ITEMS $0.05 x G = $0.00 $000 CHECK PAYING SERVICES items Klalld (first 809 free) $0.19 X 119 - $11.9 $8,987.17 ZERO BALANCE ACCOUNTING ZB,4 MASTER $25 00 X 1 $25.00 510,50Q.51 ZBA SUB ACCOUNTS $5.00 x 2 $10,00 $7;552.24 ZEA DEBITS OR CREDITS $0.06 x 0 $0:00 $U. UU $0.00 DEPOSIT, RETURN ITEMS 50.00 RETURN ITEMS (Ci10rgabacks) $3.40 X 4 = $$0.0I1 $4.Ct1 FAX NOTIFICATION; (PER ITEM) $2.00 X t7 $0.00 REDEPOSITED ITEMS $1,50 x AIUTOMAT)C CLEAR'INO HOUSE (ACH) ACH ITEMS RIGINATE- °L3IRKEIVED (credits) $2,90 $2,190.15 ACH ITEMS t' SRIGiNATEiDIRE+ EIVEIO (debits) $0,05 X CASHLINK SERVICES - WES BALANCE REPORTING MODULE (0 ACCTS) $15.00 X 1 = $15.00 $11,328:37 OVER 500 TRANSACTIONS $0.05 x 82 = $460 $147403 ACH MODULE $15.00 7{ $11,328.37 ACH CREDITS $0.06 X 351 $21.1',? $15,95(7.34 INTERNAL TRANSFER MODULE $15,00 x 0 = $3.00 CASHLINK TRAMPERS DEBITS OR CREDITS K35 x 0 = Seat 5y: CASH MOT; 954 535 3553; 22 Sep'03 12:53PM;Jo5 957;7-,acge 414 Pro Forma Account Analysis Statement COMPANY Based on: Accounts W,1RE TRANSFERS SERVICES x 35 $210:00 $155,597.14 INCOMING WIRE $E�.00 $0.00 D.00 ihfVESTA#ENT SER VICES Q Op X a $60:00 $4a,.13.47 Pf WFp SWEEP 50. 00 $0 00 CASH VAt►Lr SERVICES CURRENCY/ COIN DEPOSITED (PER HUNDRED) $0.06 X 1,500 �9C1,6t5 9r� CURRENCY X01 SUPPLIED (PER HUNC'REU) $0.08 CD ROM OF PAID ITNES 10:00 ?f 1 $'It'�.00 $7 652.24 BASE GMIARCsE CH W05 X 519 $3096 $23.57'4.20 PER TUtAL FEI=SICOMPENSATINC BALANCE REQUIRED $602.62 AUNION PLANTERS BANK July 31", 2003 Silvia Jarquin City of South Miami 6130 Sunset Drive S. Miami, FL 33143 Ms. Jarquin; Thank you for allowing Union Planters Bank the opportunity to partner up for your financial needs. We look forward to the opportunity to meet in person to discuss the details of your operation and implementation of these services. At Union Planters Bank, both Juan Esterripa and 1, take pride in maximizing our resources to provide our clients with the best service and personal touch." We look forward to being your trusted financial advisor of choice. Thank you;, Lidia Abraham Cash Management, V.P. _.,_ NN 4 x ,._.. w., M _�� uasn l services Summary Prepared for: Mr. Juan Esterippa Corporate'Banking, V.P. Miami, Florida . (305) 774 -5151 Mr. Ancuelo Andriotis Corporate Banking Asst. Miami, Florida PH: (305) 774 -4561 4 ` `Fhf4 Ms. Lidia Abraham Cash Management VT Miami, Florida PH: (305) 648 -7037 Mrs. Alejandra Ferreira Cash Management Asst. Miami, Florida PH: (305) 774 -5185 c City of South Miami SAMPLE ANALYSIS BALANCES MAINTAINED AVERAGE LEDGER BALANCE AVERAGE UNCOLLECTED FUNDS AVERAGE COLLECTED BALANCE RESERVE REQUIREMENT 10.00% BALANCES AVAILABLE TO SUPPORT SERVICES EARNINGS CREDIT ON AVAILABLE BALANCES 0.94% SERVICES PERFORMED DURING PERIOD; I ANALYSIS SUMMARY SERVICE CHARGE BALANCES AVAILABLE FOR SWEEP POTENTIAL INTEREST ON SWEEP ACCOUNT @ 0.85% Union Planters Cash Management Services 2800 Ponce de Leon Blvd. - Coral Gables, FL. 33134 $0 $0 $0 $0.00 $69,031 $0 $18,121 $0 $0 $103,330 $0 $0 $92,904 $0 $25,887 $0 $43,144 $54,362 $21,572 $35,954 - $24,110 $43,144 $43,144 $107,861 $71,907 $35,954 $0 $0.00 $0 $0.00 Account Maintenance 3 $16.00 $48.00 FDIC - (.01 per $1,000) 0 $0.00 $0.00 Deposits 36 $0.35 $12.60 ACH Credits 0 $0.25 $0.00 Currency Deposited - $1.00 per every $1,000 0 $1.00 $0.00 Items Paid 479 $0.15 $71.85 Items Deposited On -us 0 $0.07 $0.00 Local / Government 0 $0.08 $0.00 RCPC 646 $0.10 $64.60 Other fed District 0 $0.12 $0.00 Deposited Items Returned 3 $6.00 $18.00 * *Coin Counting (Actual Armor Car Charges) 0 $0.00 $0.00 ACH Maintenance 1 $30.00 $30.00 ACH Debit 315 $0.12 $37.80 ACH Transmission 2 $7.50 $15.00 Serial Sort 1 $25.00 $25.00 Serial Sort per item 479 $0.04 $16.77 ZBA Master 1 $30.00 $30.00 ZBA Sub 2 $15.00 $30.00 Investement Sweep 1 $75.00 $75.00 Treasury Management On -Line 1 $50.00 $50.00 Wire Module 1 $25.00 $25.00 Incoming Wires 0 $15.00 $0.00 Outgoing Domestic Wires (through TMO ) 0 $10.00 $0.00 Total $549.62 ** Standard Bag $70 includes: $40 pennies, $200 nickel, $1000 dimes, $1000 quarters Non Standard Bag $2.68 includes mixed coins or not full bags. ANALYSIS SUMMARY SERVICE CHARGE BALANCES AVAILABLE FOR SWEEP POTENTIAL INTEREST ON SWEEP ACCOUNT @ 0.85% Union Planters Cash Management Services 2800 Ponce de Leon Blvd. - Coral Gables, FL. 33134 $0 $0 $0 $0.00 $69,031 $0 $18,121 $0 $0 $103,330 $0 $0 $92,904 $0 $25,887 $0 $43,144 $54,362 $21,572 $35,954 - $24,110 $43,144 $43,144 $107,861 $71,907 $35,954 $0 $0.00 $0 $0.00 Zero Balance Accounting is an accounting structure where multiple checking accounts are linked to assist your company in managing the disbursement and collection process. The benefit to this configuration is that it links the accounts for balancing and funding yet provides separate identity and integrity to each sub account. A Master Checking Account (or lead account) is established with the remainder accounts acting as sub accounts to that master. The accounts within a ZBA system typically are maintained at a zero balance, although a target balance can also be maintained. Incoming and outgoing debits and credits are posted throughout the day to each account with the end result posting to the Master Account. At the end of the business day excess funds in the sub account(s) are transferred to the lead account. Conversely, funds will be transferred from the lead account to the sub account(s) to cover any checks presented for payment that day. The Union Planters ZBA structure provides one tier or level of accounts but does not limit the number of zero balance accounts that can be linked to a single main account. YOUR FINANCIAL SOLUTION • Improves your company's cash flow by concentrating your daily deposits. • Provides the maximum availability of funds for overnight investment. • Eliminates costly oversight and manual transfers between accounts. PRICING • Implementation $50.00 • Master Account Monthly Maintenance $30.00 • Sub Account Monthly Maintenance Per Account $15.00 Up Treasury Manager Online, a convenient and cost effective Internet banking product with full customer service support, can save you and your employees time, while providing you with accurate, up -to -date, and secure financial information. Features: • Information reporting — balance and detail transaction activity for prior and current day • Check inquiry • Check image' • Positive pay Interface • Reap -time intrabank transfers • Full ACH capabilities = cash concentration, direct deposit of payroll, federal and state electronic tax payments, and ACH file pass -thru • Wire transfers for domestic, international, repetitive, and non- repetitive transactions • Stop - payment initiation • Entitlements at the module level — company administrator assigned to maintain system /user entitlements • Risk containment - dollar limits for ACH, wires, and online funds authorization • Customizable reporting features • Cash position report • Easy setup PRICING • Implementation • Monthly Maintenance • Previous Day Information per month • Current Day Information per month • Wires Module per month • Stops Module per month $50.00 $50.00 Complimentary Complimentary $25.00 $20.00 Electronic movement of funds using the National ACH Network. ACH stands for Automated Clearing House. Union Planters offers two premium Automated Clearing House (ACH) origination products, WEB ACH & UP ACH that support all types of ACH transactions • Direct Deposit of Payroll • Cash Concentration • Pre- authorized Credit • Pre- authorized Debits Direct Deposit Direct deposit of payroll is the electric transfer of payroll payments from a company's bank account to an employee's personal account. These electronic payments replace the issue and receipt of pay check. Benefits To the Company • No check handling, printing, or storage costs • Reduce or eliminate reconciliation costs • Reduce exposure to check fraud; no lost or stolen checks • No need to place stop payments or reissue checks • No confusion or special handling for employees absent on payday • Better timing of cash flow To the Employee • Provides immediate availability of funds • No lost or stolen checks • Eliminates special trips to work (shift work) • No waiting in line to cash or deposit a paycheck • Employee Edge Account • Cross- selling opportunity for Employee Edge Account I Q-1 N,! Cash Concentration Cash ,Concentration _ allows companies to move funds electronically within or between "like companies into a main office 'Concentration Account' at the originating financial institution. Companies typically use ACH Concentration to fund disbursements, pay down loans, or increase investment pools. Benefits' • Eliminates costs associated with check issuance, processing and reconciliation of paper transaction. • Expedites availability of funds (funds are available the -same day credit is posted to the account). • Lower cost when compared with wire transfer fees. Pre- Authorized Credits Pre- Authorized credits provide your customer with the ability to disburse funds to accounts electron icaIly(it is a debit entry to our customer's account). It is widely used for the distribution of recurring or one -time deposit. Benefits • Streamline the process of issuing checks • Eliminates check writing &overhead cost of checks • Reduces administrative time in reconciling account Pre- Authorized Debits Pre authorized debit provide the opportunity _ for business to collect recurring fees from customers electronically, Business may also choose to collect payments such as utilities, membership fees, loan payments and insurance premiums. Benefits • Improve quality of accounts receivable record keeping. • Reduce administrative costs associated with deposit preparation and reconciling. • Accelerates collections, and eliminates check holds. We have 4 forms of initiating ACH transactions. 1. WEB ACH through UPDATE 2. UPDATE (windows based software) 3. Through third party vendor (ADP, Advantage etc.) 4. Processing of Nacha formatted by customer (no software, customer creates file). WEB ACH Fee Schedule Implementation Fee Monthly Fee Per Item Fee Notification of Change, Returned or Rejected Entries or Stop Payments Cancellation Reversal Request Electronic Transmission 150.00 30.00 .12 $ 2.00 2.50 7.50 AUTOMATED INVESTMENT REPURCHASE SWEEP An Investment Sweep is an automated service attached to a business analysis checking account that maximizes excess balances held in the checking account. It is an efficient and practical way to provide "hands off" :investment to maximize investment opportunity. HOW • IT • WORKS A target' balance is established for the business analysis checking account that would offset all or a portion of the activity charge that occurs in the account during the month. At the end of each business day (after all "debits and credit post to the account) any excess funds are invested overnight in repurchase agreements. The underlying securities for the repurchase transaction are U.S. Government securities or U.S. Government agency securities. First thing the following business day, the bank repurchases the securities back from the customer and credits the invested amount plus interest earned. The full balance plus interest is then back in the checking account at the beginning of the business day. Confirmations are generated daily and mailed to each customer. Summary statements are mailed at the end of each month. HOW Is RATE CALCULATED? The yield is based on a percentage of the targeted current fed funds rate and the average amount of collected balances available for investment. The rate will adjust only when the Fed Funds rate changes. YOUR FINANCIAL SOLUTION • Provides daily liquidity • Assures that all investable balances are maximized • Automated transfers provide maximum efficiency • Daily confirmation notices provide audit and investment detail • Eliminate costly monitoring of securities purchases or maturities Pricing • Implementation $150.00 • Investment Monthly Maintenance $ 75.00 -1 N- Banhhnite July 29, 2003 City of South Miami C/O Ms. Silvia Jarquin 6130 Sunset Drive South Miami, FL 33143 Ms. Jarquin: BankUnited is pleased to have the opportunity to present the City of South Miami with this bid for Banking Services. BankUnited believes that the products and competitive pricing (see EXHIBIT A) presented in this proposal will meet the City's current as well as future financial service needs.. The proposed System will create and maintain an efficient structure yielding decreased expenses, increased interest income and greater control of your day -to -day operations. Additionally, you will find that BankUnited Cash Management products and services are among the most innovative and competitive priced in the market. We sincerely hope to have an opportunity to meet with you in order to discuss in detail our competitive proposal for your financial service needs. Please feel free to call us at ( 305) 569 -2045 if you have any questions regarding the Bank or the attached proposal. Sincerely, ?afael Armada Vice President Banking Services Division Cc: Tania McGann BANKUNITED, FSB 255 Alhambra Circle - Coral Gables, Florida 33134 u �. Banking Services Proposal to City of South Miami Proposal To City of South Miami Submitted By; BankUnited, F.S.B 6075 Sunset Drive South Miami, FL 33143 (305) 663 -8000 Tania McGann, VP, Branch Manager Rafael Armada, VP, Banking Services Division BankUnited F.S.B. Treasury Management Services Page l �;.,._ :..— .- -.-:., Banking Services Proposal to City of South Miami Introduction The Banking Services Group of BankUnited is pleased to provide the City of South Miami with this proposal. Our goal is to provide the highest quality services at a competitive price. BankUnited is a $6.7 billion asset FSB providing full service banking through 42 branch offices in Dade, Broward, Palm Beach and Collier counties in Florida. Additionally, BankUnited is opening 8 more branches this year including a` second branch located within the City of South Miami. BankUnited recognizes the need of the City of South Miami and we believe we have the leadership hands -on experience and professional expertise necessary to meet your needs. We are sincerely interested in establishing a growing and mutually beneficial relationship between the City of South Miami and BankUnited. Overview The Treasury Management Group of BankUnited is pleased to provide City of South Miami with this proposal regarding our financial products and services. Our goal is to provide innovative and the highest quality financial services at a competitive price. BankUnited is in the position of offering the best products at the most competitive pricing. This claim is based on the fact that BankUnited began developing most of these products' and services, a few years ago, 'which has allowed us to acquire products and services with the most current technological advances in our, industry. The Treasury Management Group of BankUnited brings over 50 years experience in banking to the City of South Miami. Mr. Robert Duckworth will be the City's relationship manager. Mr. Duckworth has over 30 year of diversified experience in banking including Cash Management, International Banking, Bank Operations and Relationship Management of numerous Municipalities, City Authorities as well as State and Federal Government Agencies. Mr. Duckworth previously managed the Cash Management Department with Barnett Bank before joining BankUnited in December 2001. Mr. Duckworth is Senior Vice President and Director of Commercial Services. Mr. Rafael Armada will assist Mr. Duckworth' in the management of this relationship. Mr. Armada has over 20 years of ,experience in Cash Management and Bank Operations. Mr. Armada previously worked with NationsBank before joining BankUnited in September 1999. Mr. Armada is Vice President and works with Mr. Duckworth in the Commercial Services Division of BankUnited. Bankinz Services Zero Balance Accounts — The BankUnited Zero Balance Account (ZBA) Service increases the efficiency for the City to manage the varied concentration and funding requirements for the different types of demand deposit accounts. The ZBA service enables the City of South Miami to identify a Master /Concentration account and as many subsidiary accounts needed for disbursements or collections. A key benefit of the ZBA service is the ability of establishing a target or peg balance at any amount in the subsidiary accounts, allowing the master account to fund or receive 'any other balances at the close of every .business day. At the opening of the following business day the City of South Miami will be able to see the disbursements presented'' under each subsidiary account and the appropriate' funding from the Master account to cover those disbursements. Subsidiary accounts` can be configured i n a ny f ashion t he C ity o f S outh M iami m ay r equire in order to control or block certain types of transactions from posting to the account. City : 0 f South M iami w ill a lso r educe t ypical c osts associated w ith' disbursement and concentration arrangements since the transfer' of funds between accounts occurs automatically and at no additional cost to the City. On -Line Services - The City of South Miami can choose between BankUnited Express "PC Banking" or "Internet Banking" Service. Either service will 'allow the City of South Miami to access all their' financial information and process any type of transactions through their own computers. Either system provides the City with the latest data security features available today to ensure the confidentiality of incoming and outgoing data.' Both services and its different modules were designed to ensure convenience and ease of use. The "Information' BankUnited F.S.B. Treasury Management Services' Page 2 ,T ;, . Banking Services Proposal to City of South Miami Reporting" portion of either service will allow the City to retrieve account balance and detail activity information. This information includes same day: information as well as unlimited historical information. Balance and activity detail can be provided on all checking, investment; and loan accounts'. This module: can essentially provide an "electronic statement" to the City of South Miami on a daily basis eliminating the need to contact the Bank for routine information. Additionally, both services offer the'' capability to 'export ; your account activity detail in any format your accounting system may require in order to facilitate and automate the monthly account reconciliation function. Investment Services. - The BankUnited Overnight /REPO Investment Program will provide the City with an opportunity to invest excess collected balances found in the City's ZBA Master /Concentration account as well as any other "stand- alone" accounts and place them in a relatively conservative investment vehicle that meets the standards as specified in the Florida Security for Public Deposits Act. The investment interest is calculated daily and monthly will pay interest automatically back into the investment account. Written confirmations are provided every time the investment has a movement of funds. Confirmation notices include investment amount, description of collateral, market value , of collateral, cussip number, investment rate and interest earned. The collateral provided covers at least 100 % of the invested amount and is provided with "AAA" rated Government securities that are held with a third party. The interest rate BankUnited will <pay to the City of South Miami under this investment service will be as follows: Amount of Excess Funds Used to Purchase Securities Interest Rate Up to $49,999 Federal Funds Rate minus 1.50% $50,000' to $99,999 Federal Funds Rate minus 0.75% $100,000 to $499,999' Federal Funds Rate minus 0.25% $500,000 to $999,999 Federal Funds Rate minus 0.125% $1,000,000 and above Federal Funds Rate As used above, the term "Federal Funds Rate" shall mean the daily average of the Federal Funds rate as published in the "Money Rates" section of the Wall Street Journal on that date which is two Banking Days prior to the date the relevant Transaction is initiated: Lastly, BankUnited offers two distinct advantages under this service that no other financial institution in the State offers. Unlike other financial institutions that credit the invested amount back into the account at the beginning of the following business day, thereby, eliminating the 100% collateralization. The BankUnited investment service maintains funds over the pre- determined target balance in the investment account thereby the City funds remain 100% collateralized even during the course of the business day. The second advantage that BankUnited offers through its overnight' REPO investment service is our competitive rate definition. Unlike other financial institutions that may "internally" define the rate it pays. The BankUnited rate is not manipulated. The rate BankUnited pays is a public' and published daily rate as defined above: Wire Transfers and other electronic transactions — The City of South Miami is able to initiate all transactions electronically using:, any one of BankUnited on -line services. This capability will allow the City to take full advantage of our secure and automated environment. The Wire Transfer module would' allow the City of South Miami to electronically originate repetitive and non- repetitive domestic and international funds transfers. The Wire Transfer module is very user friendly while providing the City with the highest security levels possible. The City can choose to have wire transfers initiated, approved and released by the same person to the opposite end of the spectrum where one person initiates, another one approves, another one releases and a last person validates the release. Many different scenarios can be arranged between both ends of the spectrum. The module can accommodate any level of security the City may wish to establish since security controls are provided and BankUnited F.S.B. Treasury Management Services Page 3 om _ Banking Services Proposal to City of South Miami managed by the City. Audit, reports and on -line monitoring are available for any compliance requirements the City of South Miami may need. BankUnited immediately notifies the City of South Miami via fax or via e-mail for incoming wires on the same day of credit. The deadline for same day credit for incoming wires into any of the City's accounts is 4:00' pm. Similar to Wire Transfers the City of South Miami will have capability to initiate any AFT /ACH type transactions on -line. The City may choose to create your own AFT /ACH transactions with our service or export a NACHA formatted file from the City's proprietary programs to initiate AFT /ACH debit and credit transactions. The following type of ACH/AFT transactions can be initiated through our on -line service. Direct Debits, Direct Deposit of Payroll, Tax and all other governmental type payments as well as Corporate -to- Corporate type payments. Lastly, the City of South Miami will also be able to initiate check stop payments electronically. All stop payments requests received will be in effect 24 hours after receipt. Other Banking Services •, BankUnited will provide to the City of South Miami with all necessary banking, supplies. These supplies will include, but not bei limited to, money wrappers, moneybags, endorsement stamps, blank check stock, night deposit bags and deposits slips in triplicate. All banking supplies will be offered at cost to the City of South Miami. • BankUnited is ready to provide to the City of South Miami with same day ledger credit on any incoming wires or deposits received during our regular business hours. Funds credited in the form of incoming wire' are available immediately. Items deposited will be subject to an availability schedule specifically defined for the City of South Miami. The availability of funds deposited in any of the City's account will have to conform to standard Reg. CC rules and regulations. • BankUnited can offer the City` of South Miami check imaging services. The City will be provided with software to install in one or several computers through the City's network. Based on the City's requirements one or several CD's can be produced for one account or several accounts (depending on activity volumes) on a monthly basis. CD's are mailed to the City within 5 business days following the end of the previous month. • BankUnited i s a ble t o o ffer t he C ity of South Miami with the most competitive rates available on Money Market Accounts. • BankUnited will provide to the City of South Miami with its specified coin processing; needs at no charge to the City. However, the coin processing ever exceed the amount of $1000 a marginal fee may apply. • BankUnited is also able to offer the City of South Miami specialized account reconciliation 'services. These services are commonly used when interested` allocation or sub accounting reconciliation services may be required. • BankUnited is able to offer to the City of South Miami the capability to accommodate every credit /debit card transaction needed.'' This capability is offered through a strategic alliance with Certegy Card Services, one of the largest credit /debit card processors in the nation. The City of South Miami will receive credit in most transactions >24 to 48 hours after transmission. Certegy provides a detailed monthly statement to the City within 5 business days following the end of ; the prior month. BankUnited and Certegy will also provide training and support in an on -going basis as well as provide all supplies needed by the City of South Miami at no additional cost throughout the term of the contract. BankUnited F.S.B. -Treasury Management Services Page 4 ,ter .fis..^�a M, ±- u Banking Services Proposal to City of South Miami • BankUnited can offer the City of South Miami commercial equipment leasing services through our strategic alliance with Coastal Leasing. We can offer several leasing programs and liberal leasing policies that can help the City take advantage of new tax laws. We also can offer an endless array of leasing programs to the City of South Miami. • BankUnited will provide t o the City of South Miami with checking account statements for every calendar month and delivered it within five business days following the last day of each calendar month. Each statement will include a detailed statement listing of all the activity for the month and paid checks can be sorted in check number sequence. • BankUnited is always developing and enhancing our roster of products and services offering. It is BankUnited commitment to all our clients and to the "City of South Miami to maintain an informative and open door policy. As part of our ongoing strategy BankUnited has recently developed a program called "BankUnited Direct" the intent of this program is to bundle an assortment of retail products and bring them literally directly to the doorstep of our client's employees. Some of the benefits offered through this program are the following: • FREE CHECKING ACCOUNTS (NO MONTHLYFEE)(NO MINUMUM BALANCE REQUIREMENT) • FREE INITIAL CHECK ORDER • FREE UNLIMITED CHECK WRITING • FREE INTERNET BANKING • FREE ATM OR VISA CHECK CARD* AND FREE ATMACCESS AT ALL BANKUNITED AND PUBLIX ATMs • I sT TIME HOME BUYER PROGRAM WITH 3% DOWN PAYMENT WITH NO PRIVATE MORTGAGE INSURANCE • $60, 000.00 AND UP MORTGAGES WILL RECEIVE A $150.00 REBATE ON CLOSING COST *Subject to credit approval • BankUnited understands that the City of South Miami `may wish to establish additional accounts or provide for other services, outside of our financial institution. However, BankUnited would greatly ;appreciate the opportunity to bid for any additional accounts or services the City may need. • BankUnited` will provide to the City of South Miami a consolidated and individual account analysis statement` on all of the City's non - interest bearing accounts at the end of each calendar month. Statements; will be provided to the City within five business days following month end. Statements will include the month's earnings credit rate, average uncollected funds, collected funds, a detailed listing of services rendered, total units for each service, unit cost for each service, total charge for each service, compensating balances required for each one and a grand total of charges and compensating balances required for the total of charges. The City of South Miami can choose to pay for banking services through either compensating balances or direct fees. However, given today's current market rates where Account` Analysis Earnings Credit Rate is slightly lower than 1 overnight REPO rates on funds over $1MM, BankUnited recommends that the City invest all excess funds and banking; services be paid in direct fees therefore maximizing interest` income in idle DDA balances. BankUnited' F.S.B. - Treasury Management Services Page 5 �� r BankUnited F.S.B EXHIBIT A 101 North Clematis Street Services West Palm Beach, FL 33401 Unit Price CITY OF SOUTH MIAMI Balances Required 6130 SUNSET DRIVE 0 SOUTH MIAMI, FL 33143 0.00 Average ledger Balance $0.00 Less Average Float $0.00' Average Collected Balance $0.00 Average Uncollected /OD Balance $0.00 Average Investable Balance $0.00 Less Reserve Requirements 10% $0.00 Available Balance for Earnings Credit $0.00 Earnings Credit Amount $0.00 Net Service Charge / Excess Allowance $0.00 Summary Account #0000000000 Regular Business Checking Account Current Month's Earnings Credit Rate = 0.9 Current Months Multiple _ 1351.85 Services Units Unit Price Total Charge Balances Required FDIC Insurance Charge per $1000 0 0.009 0.00 0.00 Negative Collected Balance Charge 0 7.000 0.00 0.00 DDA Account Maintenance 0 12.000 0.00 0.00 Deposits 0 0.300 0.00 0.00 Items Deposited 0 0.100 0.00 0.00 Returned Items Deposited 0 3.000 0.00 0.00 Checks Paid ` 0 0.120 0.00 0.00 Check' Sort Monthly Maintenance 0 10.000 0.00 0.00 Check Sort Per Item 0 0.050 0.00 0.00° Stop Payment 0 12.000 0.00 0.00'- ACH Transactions 0 0.120 0.00 0.00 Incoming Wire Transfers 0 8.000 0.00 0.00 Incoming Wire Advice 0 0.000 0.00 0.00 Outgoing Dom Wire Transfers 0 8.000 0.00 0.00 Outgoing Intl Wire Transfers 0 15.000 0.00 0.00 Outgoing Wire Advice 0 0.000 0.00 0.00 BankUnited Express Mo Maint Fee 0 25.000 0.00 0.00 Zero Balance Acct.'Mo. Maint. Fee 0 50.000 0.00 0.00" Automated Investment Service ' 0 50.000 0.00 0.00 - Totals Charges - 0.00 0.00 Disclosure: The above- mentioned pricing is good for one calendar; year from date of acceptance. BankUnited reserves the right to change any or all of the pricing in this proposal if not accepted within 30 days of date of proposal. Other non- disclosed standard fees for products or services may apply. *Floating Rate at Prime plus 3. BankUnited F.S.6 EXHIBIT A 101 North Clematis Street West Palm Beach, FL 33401 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FIL 33143 Average Ledger Balance $445,000.00 Less Average Float $0.00 Average Collected Balance $445,000.00 y Average Uncollected /OD Balance $0.00 Average Investable Balance $445,000.00 Less Reserve Requirements >10% $44,500.00 Available Balance for Earnings Credit $400,500.00 Earnings Credit Amount $329.18 Net Service Charge / Excess Allowance $0.43 Summary Account #0000000000 Regular Business Checking Account Current Month's Earnings Credit Rate = 1.0 Current Months Multiple = 1216.67 Services Units Unit Price Total Charge Balances Required FDIC Insurance Charge per $1000 445,000 0.009 4.01 4,872.75 Negative Collected Balance Charge 0 7.000 0.00 - 0.00' DDA Account Maintenance 3 12.000 36.00 43,800.00' Deposits 36 0.300 - 10.80 13,140.00' Items Deposited 645 0.100 64.50 78,475.00 Returned Items Deposited 3 3.000 9.00 10,950.00 Checks Paid 479 0.120 57.48 69,934.00 Check Sort Monthly Maintenance 0 10.000 0.00 0.00' Check Sort Per Item 0 0.050 0.00 0.00 Stop Payment 0 12.000 0.00 0.00 ACH Transactions 183 0.120 21.96 26,718.00 Incoming Wire Transfers '' 0 8.000 0.00 0.00 Incoming Wire Advice 0 -0.000 0.00 0.00 Outgoing Dom Wire Transfers 0 8.000 0.00 0.00 Outgoing Intl Wire Transfers 0 15.000 0.00 0.00 Outgoing Wire Advice 0 0.000 0.00 0.00 BankUnited Express Mo Maint Fee 1 25.000 25.00 30,416.67` Zero Balance Acct. Mo. Maint. Fee 1 50.000 50.00 60,833.33 Automated Investment Service 1 50.000 50.00 60,833.33 Totals Charges - 1 328.751 399,973.08 Disclosure: The above- mentioned pricing is good for one calendar year from date of acceptance. BankUnited �3 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor, city commission Date: September 29, 2003 Cc: Maria Davis, city manager & Hakeem Oshikoya, finance director From: Earl G. Gallop, city attorne Vie`. Deborah Benfield Arbitrator's Invoice REQUEST Approval of payment of invoice dated April 4, 2003 from Harold D. Smith, arbitrator, in the amount of $2,000.00 from the cas6reserve fund. BACKGROUND AND ANALYSIS In August 2003 Deborah Benfield filed a grievance, through the Dade County Police Benevolent Association, with the American Arbitration Association of her suspension from the city. The grievance arbitrated before Harold D. Smith, Esq., the designated arbitrator, on February 18, and 19, 2003. The city is obligated for 100% of the arbitrator's fee in the amount of $2,000.00. l recommend approval of the invoice for payment as the amount of the fee is reasonable and necessary. As the city attorney's accounts for the FY 2002 -2003 are now exhausted, I request that payment of the arbitrator's fee be charged to the cash reserve fund. RECOMMENDATION Approve the resolution authorizing payment of the invoice. 1 2 3 RESOLUTION NO. 4 5 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 7 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 8 ARBITRATOR'S FEE; APPROVING PAYMENT OF 9 ARBITRATOR'S FEE FOR HAROLD D. SMITH, ESQ. IN THE 10 AMOUNT OF $2,000.00; CHARGING $2,000.00 TO THE CASH I I RESERVE FUND; PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in August 2002 Deborah Benfield, through the Dade County 15 Police Benevolent Association, filed with the American Arbitration Association a 16 grievance of her suspension from the City. The grievance was arbitrated before 17 Harold D. Smith, Esq., the designated arbitrator, on February 18 and 19, 2003; and 18 19 WHEREAS, the arbitrator has submitted for payment his invoice in the 20 amount of $2,000.00 for payment; and 21 22 WHEREAS, the city attorney recommends payment of the attached invoice 23 as the amount of the fee is reasonable. 24 25 WHEREAS, the city attorney requests the mayor and city commission to 26 authorize the use of funds in the cash reserve to pay the arbitrator's fee. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY` 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 30 31 Section 1. The invoice for the arbitrator's fee from Harold D. Smith, 32 Esq., in the total amount of $2,000.00 is approved for payment and charging the 33 amount to the cash reserve fund. 34 35 Section 2. The Finance Director is directed to pay the balance due. 36 37 Section 3. This resolution shall take effect immediately upon approval. 38 39 PASSED AND ADOPTED this day of October, 2003. 40 41 42 Additions shown by under lining and deletions shown by oveFstFikifi . I ATTEST: APPROVED: . 2 3 4 CITY CLERK MAYOR b 7 8 9 1p COMMISSION VOTE: 1 I READ AND APPROVED AS TO FORM: Mayor Feliu; 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 1.5 Commissioner McCrea: 16_ 17 l$ 19 \ \02srvplaw \prolaw \Documents \0022 \DAJ \18778.doe - Reso. - Benfield Arbitrator Fee 2a Page 2 of 2 ARBITRATOR'S; 13i l... This bill is submitted- *on - behalf of the arbitrator, Arbitrator Harold D. Smith, tsq. Case Number 32'390 00667 02 Address 701 E. Commercial _Blvd #100 Number of Grievances �L Make your Ft Lauderda check payable J e, 33334 Arbitrator Control No. 300060902 to, and mail It directly to, UNION the arbitrator. We County Police Benevolent Association, Inc. EMPLOYER City of South Miami., Florida . � '' Y'� ` * �'' "�•``' ARBITRATOR COMPENSATION �`' : f •ryw �a �. Number of Hearing Days 2 ®g 800.00 .� $ 1,600-00 tt''� Hearing Dates 2/18, 19/03 �. n' rjxx a. StudylPreparatlon pays V. available} 3 $ 860.00 a. $ 2 0 . 4 .00 • e . Study and Preparation Dates 3/30, 31; 4/1 3 4/Q aV.rr pl8td by ;+r'Y Other (Specify.)' ®$ $ -0- �ss s,.,s•,rrk�vr <�, r�,: . 4 000.00 thetarbltrat r FEE $ ,1'� ",�` ARBITRATOR EXPENSES p Trarisportation : L Hotel Meals f,Vt"i�r,? a"tt s Other (Specify.) $ EXPENSES. $ TOTAL $ 4;000.00' PAYABLE BY City $ 2,600 00 t. �`" PAYABLE BY Union S 2,00.00 V .d 1,f •� 1 • � .c' 3� �. natu o Arbitrator S! .._ • 3 9 Date rct.� it�Yr: EIN #59- 2162728 iEr:Z`Fiin+n �411�tAKK k1t.i'M46 . kr I 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: 48 49 50 JAMy Documents\resolutions \Resolution for Selection Process for City Clerkl.doc Additions shown by underlining and deletions shown by everstr-i g. S O U T South Miami r M14me icaC Y INcORPORATED 1927 COR-it 2001 TO Honorable Mayor, Vice Mayor DxrE: October 7, 2003 and City Commission FROM: Maria V. Davis ITEM NO. i .S City Manager RE: Establishment of 401A- Money Purchase Plan RESOLUTION? A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ESTABLISHING A 401A -MONEY PURCHASE PLAN FOR MARIA V. DAVIS, AS STIPULATED IN HER EMPLOYMENT AGREEMENT; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS Although, my approved Employment Agreement stipulates a 401 A contribution by the City, in an abundance of caution, I am seeking the City Commission's authorization to establish a 401 A Money Purchase Plan for me, as stipulated in my Employment Agreement. RECOMMENDATION Approval is recommended. MV D/J EN C n .pan 4111AMony ParUase Plnn 2f)Oi. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMIS SION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO 5 ESTABLISHING A 401A MONEY PURCHASE PLAN FOR MARIA V. 6 DAVIS AS STIPULATED IN HER EMPLOYMENT AGREEMENT; 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, an employment agreement was made to offer Maria V. Davis the 401A 10 Money Purchase Plan; and 11 12 WHEREAS, currently the City does not have this Money Purchase Plan in place; and 13 WHEREAS, the Employer desires that its money purchase retirement plan be 14 ' administered by the ICMA Retirement Corporation and that the funds held under such plan be 15 invested in the ICMA Retirement Trust, a trust established by public employers for the collective 16 investment of funds held under their retirement and deferred compensation plans.` 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 19 SECTION 1. That the Employer hereby establish a money purchase retirement plan (the .20 "Plan ") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan 21 and Trust, pursuant to the specific provisions of the Adoption Agreement. 22 SECTION 2. This Resolution shall be effective retroactively to July 14, 2003; 23 PASSED AND ADOPTED THIS DAY OF , 2003 . 24 25 ATTEST: APPROVED: 26 27 CITY CLERK MAYOR 28 READ AND APPROVED AS TO FORM: Commission Vote: 29 Mayor Horace G. Feliu 30 Vice Mayor May Scott Russell 31 CITY ATTORNEY Commissioner David D. Bethel 32 Commissioner Dan McCrea 33 Commissioner Randy G. Wiscombe ;a'z :;3.:! 04 s0 U Ty South Miami d Ir 3 U CITY OF SOUTH MIAMI • ` "`opPOR "T` °� • 1927 OFFICE OF THE CTTYMANAGER '® ¢+� O R ID INTER- OFFICE MEMORANDUM 2001 TO: - Mayor Feliu, Vice Mayor Russell City Commissioners FROM: Maria V. Davis, City Manager S SUBJECT: SUPPLEMENTAL INFORMATION PERTAINING` TO AGENDA ITEM # 15 OF THE October 7, 2003 CITY COMMISSION MEETING DATE: October 7, 2003_ I inadvertently failed to provide you with adequate support information for the subject agenda -item relating to the retirement benefit outlined in my employment agreement. Attached please find provision 6.4 entitled `'Retirement" of my employment agreement. This is the sole retirement benefit contained in my employment agreement with the- city. Attachment 6.2. Holidays. The city manager is entitled to all paid holidays granted -to all general city employees. 6.3 Insurance. The city shall provide < comprehensive preferred plan option (PPO) medical, and dental insurance. for the city manager and disability insurance for the city manager, as provided to unclassified employees. The city shall provide life insurance coverage in the amount equal to the manager's annual base salary, excluding all other benefits. 6.4. Retirement. The city shall contribute into a deferred compensation account or retirement plan chosen by the city manager an amount equal to 1`5% of the city manager's annual base salary. Base salary shall not include any other benefits, including the value of accrued vacation ` r and sick time, car and equipment allowances, expense account and insurance benefits. 6.5 Equipment. The city shall provide appropriate equipment necessary for the city manager to perform her official responsibilities. The city shall issue the city manager a cell phone. Expenses for the city cell phone shall be paid by. the city. Alternatively, the city manager may use a private cell phone and receive a monthly cell phone allowance of $75.00. The city shall pay` the manager a monthly automobile allowance of $450.00 and a $75.00 monthly gas allowance. The manager shall not be required to supply any receipts or other documentation in order to "receive these j allowances. 6.6 Monthly expenses. The city shall provide the city manager a monthly expense allowance equal to the amount provided to a member of the city commission. Section 7. PROFESSIONAL DEVELOPMENT i 7.1. The city shall pay travel and per diem expenses, as authorized by law, for the city manager's travel and attendance at the International County Managers' Association annual conference, Florida City /County Managers' Association annual conference, and the Florida League of Cities' annual conference. The city shall pay for the city manager's attendance at other seminars, conferences, and committee meetings as are approved in the city's annual budget (on a line item basis), or as authorized by the city commission. Employment Agreement — City Manager July 10,'2003 Nap dofR /G l RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND "CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 REAL PROPER'T'Y; ACCETTING DEED AND REQUESTING 7 TAX EXEMPTION ON THE EAST 1/3 OF THE PROPERTY 8 LOCA'T'ED AT 7800 S.W. 59,111 AVENUE, OTHERWISE KNOWN 9 AS THE "HAMMOCK HOUSE "; PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, on July 25, 2003, a trustee's deed was recorded at O.R. Book 14 21460 at Pages 1154 -1158 conveying to the City of South` Miami the east 1/3 of 15 the property located at 7800 S.W. 50' Avenue, the legal description of which is 16 more fully described as follows: 17 18 The East 101 feet of Lot 12, in :Block 6, of 19 AMENDED PLAT OF PALM MIAMI HEIGHTS, 20 according to the Plat thereof; recorded in Plat Book 25, 21_ at Page 37, of the Public Records of Miami -Dade 22 County, Florida. 23 24 AND 25 26 The East 101 feet of the East '/2 of Tract 6, less the 27 South 125 feet thereof, of REVISED` PLAT OF A 28 PORTION OF THE AMENDED PLAT OF PALM 29 MIAMI `HEIGF-ITS„ as recorded in Plat Book 43, at 30 Page 37, of the Public Records of Miami -Dade 31 County, 1-1orida. 32 33 34 WHEREAS, the City Commission of the City of South Miami desires to 35 accept the deed, to dedicate the property to public use and to obtain an exemption. 36 from ad valorem taxation for the property. 37 38 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF 'T 11E CITY OF SOUTI-I MIAMI, FLORIDA; 40 41 Section 1 The City of South Miami accepts delivery and recordation of 42 the trustee's deed for the above - described property. The property shall be Additions shown by under kinin ; and deletions shown by HVQr-sli�. I dedicated to public use. A true copy of the recorded deed and farm DR -219 are 2 attached to this resolution. 3 4 Section.2. The City of South Miami requests exemption from ad 5 valorem taxes as of the date of recording the deed }pursuant to Florida Statutes, 6 Section 196.28. 7 8 Section 3. A certified copy of this resolution shall be recorded among 9 the public records for Miami Dade County and transmitted to the Miami -Dade 10 Tax Assessor and its Tax Collector. 11 . 12 Section 4. This resolution shall take effect immediately upon approval. 13 14 PASSED AND ADOPTED this day of October, 2003. 1.5 16 ATTEST: APPROVED: 17 18 19 CITY CLERK MAYOR 20 21 22 COMMISSION VOTE: 23 READ AND APPROVED AS TO FORM: Mayor Feliu: 24 Vice Mayor Russell: 25 Commissioner Wiscombe: 26 CITY ATTORNEY Commissioner Bethel: 27 Commissioner McCrea: 28 29 30 31 \ \02sivplaw \prolaw' \Documents \0022 \DAJ \18780.doe - Reso - Hammock House Tax Exemption Page 2 of 2 II ! IIIIIIIIIII�III�ItIIII�II�III�I�IIIIIIIIIIIIII�IIIIIIII CF 14 200380513089 OR Bk 21460 Fgs 1154 - 1158; (5aes) RECORDED 07/25/2003 15 :32:21 ' +ink Propa rod by DEED DOC TAX 1 x680.00 and Return to: SURTAX 1060.00 HARVEY RUVIHP CLERK OF COURT n nr N MIAMI -DADE COUHTYr FLORIDA 12401 South Dixie Highway Pinecres't, Florida '33156 Parcel I'.D No.; Portion of 09- 40- 36- 0390020 TRUSTEES' DEED THIS TRUSTEES' .DEED, made this 30 day of June, 2003, between Garrett Van Smith a /k /a Garrett Vansmith and Antony Van Smith a /k /a Anthony Van Smith and Anthony' Vansmith, individually and as Successor Co- Trustees under that certain Declaration of Trust dated March 15, 1968 and ,recorded 'in 'Official Records Book 6161, Page 450, of the Public Records of Miami -Dade County, Florida, joined by William Van Smith a /k /a; William Vansmith, individually, and Parris Van 'Smith a /k /a Parris Vansmith, whose address is 16061 S.W. 86 Avenue, Miami, FL 33157, (collectively, "Grantor ") and City of South Miami, a political subdivision of the State of Florida, whose post office address' is 6130 Sunset Drive, South Miami, FL 33143, ("Grantee"), WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10 °`. 00) , to Grantor in hand paid by Grantee, and other good' and valuable consideration, the receipt whereof is hereby' acknowledged, has granted, bargained and sold to Grantee, and hereby transfers and conveys to Grantee and Grantee's successors, heirs and /or assigns forever, the following described property, to wit The East 101 feet of Lot ` 12, in Block 6, of AMENDED PLAT OF PALM MIAMI HEIGHTS,' according to the Plat thereof; recorded in Plat Book 25, at Page 37, of the Public Records of Miami- Dade County, Florida AND The East 101 .Feet of the East % of Tract 6, less the South 125 feet thereof, of REVISED PLAT OF A PORTION OF THE 'AMENDED PLAT OF PALM MIAMI HEIGHTS, as recorded in Plat Book 43, at Page 37, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1.Taxes for the year 2003 ' and subsequent years.` Y 2.Conditions, restrictions, agreements, covenants, requirements, limitations and easements of record, if any, but without intent to reimpose same. 3 Zoning ordinances and other restrictions, requirements and prohibitions imposed by applicable governmental authorities. To have and to hold the same in fee simple forever._ Grantor warrants the title to the property to Grantee and Grantee's heirs, successors, and assigns, against every person lawfully claiming the property, or any part thereof, by, through, or under the Grantor, but not otherwise.' IN WITNESS WHEREOF,; Grantor has signed and sealed these presents on the day and year first above written. Signed, sealed and delivered in our presence: Garrett Van Smith, Individually [Pr tni ed Name of Witness] and as Co- Trustee under that certain Declaration of Trust Jy dated March 15, 1968 [Printed Fame ` of Witness] STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE } The foregoing instrument was acknowledged before` me this day of Juts 2003, by Garrett Van Smith, who is personally known to me or h�s, produced as i d nE -Mication, and who did not take an oath: Notary Public, State of Florida My Commission Expires (NOTARIAL SEAL) Stephen ,D. Pealsan CO DD024913 EX(I( E S�ptember 1, 2005 Y 000 , 0pU c w- Sf >� Poll Vil Antony V n Smith, Indi idually [Printed Name of Witness] and as Co-Trustee under that certain Declaration of Trust dated March 15 7.968 (r [Printed Name of Witness] STATE OF FLORIDA ) SS: COUNTY OF .MIAMI -DADE ) The foregoing instrument was acknowledged before, me this day of -Jut", 2003, by Antony Van Smith, who is personally known to me or has produced as identification, and who did not take an oath: 4fo Notary Public, State of Florida My Commission Expires (NOTARIAL SEAL) Stephen U. peorson' a MYCOMMISSION# ,DDOZ4913 EXPIRES = September 1 2005 80NDEDrNRU TROY FAIN INSURANCE INC 3 � j2 sr6e 1,4_Cb CL Y-SciI,, William Van Smith, Individually [Printed Name of Witness] �10 �t=� [Printed Name of Witness] STATE OF FLORIDA ) SS: COUNTY OF MIAMI -BADE ) The foregoing instrument was acknowledged before me this day of June, 2003, by William Van Smith, who is _personally known to me or has produced as identification, and who did not take an oath. Notary Public, State 'of Florida My Commission Expires: (NOTARIAL SEAL) Swhen D Pearson !at`f C0NP Wt4 M mg4913 EXPIRES September 1, 2005 n 4 4 OR BK 21460 PG 1 158 LAST PAGE Parris 'van Smith, Individually Printed Name of Witness]> [Printed Name o.V Witness]` STATE OF FLORIDA ) C SS: COUNTY OF j� The foregoing instrument was acknowledged before me this ?UC day of June, 2003, by Parris Van Sm;1th, who is personally known to me or has produced as identification, and who did not take an oath. Notary Publ c, State of Florida My Commission ExP re s : 1 1 ,D' 0 }}{C'qqppnn a t *� 435- 1.302 5 PHOTOCOPIES o7 FLORIDA DEPARTMENT OF REVENUE Ir r T R %98 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ACCEPTABLE (PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING) Use black in Enter numbers as shown below. If typing, enter numbers as shown below. r ' 1. Parcel Identification Number u n ,F l � ® IT 1-111 NO POE 9E ILI (If Parcel ID not available ��//- � n Appraiser's Office) Property 11' Transaction a1= Jl!Ian� ❑ ❑ ❑ ❑� ❑ ❑ ❑�❑ L Transaaccttion is a split �"-J Property was improved 2. Mark, (x) all Multi -parcel or cutout from with building(s) at time that apply tr nsaction? —► C another parcel? of sale /transfer? ast -► 3. Grantor (Seller): �Vl J�'hlti� ' First MI Corporate Name (if applicable) f (o ,/�u _ IIA � %'� t,�v�� c mac_ 33157 (3C6-) 2,3,3 x3333 Mailing Address City State Zip Code Phone No. (� i 4. Grantee (Buyer): `-. ,'�%� o4- S ° t� -i'1^' Last First MI Corporate Name (if applicable) (0 3 S 1.,,-K sz- b r c v S 4..41` KIL« A.; FL- 3 7 tliF3 (36,9-) 610 -- 07 o O Mailing Address City State Zip Code ' Phone No. 5. Date of Sale/Transfer Sale/Transfer Price 1a © ® / ""[o] / N a 9 � [I � �C v ] F ■ Located In N � (County Codeson Reverse) Month Day Year (Round to the nearest d 1lar.) 6. Type of Document ❑ Contract/Agreement r� Other 7. Are any mortgages on the property? If "Yes ", YES 1 [KNO n for Deed u outstanding mortgage balance: Round to the nearest dollar. L�! X Deed my n Quit Claim ( ) I n n L-1 Deed 8. To the best of your knowledge, were there unusual circumstances or conditions to the sale /transfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? ❑ Sale of a partial or undivided interest? Related to seller by blood or marriage. YESM NO 9. Was the sale /transfer financed? YES [] a/ NVO If "Yes ", please indicate type or types of financing: Agreement or n Conventional 11 Seller Provided C, Contract for Deed 11 Other Institutional/ 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare Mark all ❑ ❑ ❑ ❑ ❑ that t apply cents ' 11. To the best of your knowledge, was personal property YES[] NO I ❑ F] ❑ [I � F] F] a included in the sale /transfer? If "Yes ", please state the amount attributable to the personal property. (Round to nearest dollar.) � ❑ ❑ 110 11 � j r j ®a a 12. Amount of Documentary Stamp Tax 9A 13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES F NO Under penalties of perjury, I declare that I have read the foregoing return and that the facts stated in it are true. If prepared by so Bone other L than the 'taxpayer, his /her declaration is based on all ' or tion hic /her has any knowledge. Signature of Grantor or Grantee or Agent 1 -YU�`� f l.- +�has a Date 3 WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TOANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA. (To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp 0. R. Book 111111 kJ L_J and Page Number_ and r l I (� ( f _ (((�� File Number' UP_ El D JL_� J _l Date Recorded �,� � � � � l�l l_� L J l CANARY COPY TO PROPERTY APPRAISER Month Da Year f. WHITE COPY TO DEPARTMENT OF REVENUE OFFICE CANARY COPY TO PROPERTY APPRAISER CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 7, 2003 From: Maria V. Davis AGENDA ITEM # City Manager GS Re: Commission meeting Oct. 7, 2003 Repayment of $6.5 million Parking garage loan RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN REPAYMENT; AUTHORIZING THE CITY MANAGER TO USE UP TO AN AMOUNT NOT EXCEEDING $165,000 FROM THE LOAN PROCEED AS NEXT PAYMENT FOR THE $6.5 MILLION PARKING GARAGE LOAN SCHEDULED FOR NOVEMBER 1, 2003; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization for the City Manager to pay the Florida Municipal Loan Council through Wachovia Bank an amount not exceeding $165,000 as the next payment scheduled for November 1, 2003 on the $6.5 million parking garage loan. Last year, the City Commission approved ordinance number 4 -02 -1772 for the City to obtain a "loan to construct a mixed -use parking garage retail facility in the downtown area. Upon receipt of the loan, the City gave a $2.4 million loan to Mark 'Richman Properties, to be repaid over a thirty year period. According to the terms of the loan agreement, Mr. Richman was supposed to pay the City twice a year as per the attached payment schedule. Mr. Richman's next scheduled payment to the City is due to be received by October i in the amount of $61,596.00. If this payment is received, it will be used to defray the next loan repayment thereby reducing the amount needed from the loan proceeds. At this time, the Finance Director is in the process of renegotiating the loan terms with the Florida Municipal Loan Council with the sole purpose of reducing the semi - annual payment. If he is successful, I will bring a resolution to you for "ratification of the renegotiated terms with future repayment plan. RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY: OF SOUTH MIAMI, FLORIDA RELATING TO 5 LOAN REPAYMENT; AUTHORIZING THE CITY MANAGER 6 TO USE UP TO AN AMOUNT NOT EXCEEDING $165,000 7 FROM THE LOAN PROCEED AS NEXT PAYMENT FOR THE 8 $6.5 MILLION PARKING GARAGE LOAN SCHEDULED FOR 9 NOVEMBER 1 2003; PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission approved ordinance number 4 -02 -1772 on 16th 12 of April 2002 for the City to obtain a $6.5 million dollar — loan to construct a mixed use 13 parking garage and shopping center in the downtown business district and 14 15 WHEREAS, the City used a portion of the loan proceed to provide a loan to Mark 16 Richman properties with the agreement that Mr. Richman repays the City on a semi- 17 annual basis, as per agreed schedule, for a period of thirty years and 18 19 WHEREAS, in addition to the payments received from Mr. Richman, the City has 20 used a total of $254,220;01 from the loan proceed to make the repayment of the loan to 21 Florida Municipal Loan Council through May 2003; and 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, the next payment scheduled to be received from Mr. Richman in October is $61,596 which will reduce the amount of the loan proceed the City will need to make the next scheduled payment due in November 2003; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is directed to pay an amount not exceeding $165,000 from the $6.5 million loan proceed to Florida Municipal Loan Council as the next scheduled payment for the parking garage loan. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 2003. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner McCrea: Final Numbers $695009000 Florida Municipal Loan Council, Series 2002A` South Miami DEBT. SERVICE SCHEDULE Date Principal Coupon Interest Total P +I S* 9"D $"D C+' 11/01/2002 - 162,112.50 162,112.50 v 331 40"'3 5/01/2003 105,000.00 3.250% 162,112.50 267,112.50^ ,,2(¢V >0 WO 11/01/2003 - - 160,406.25 160,406.25 - .5/0112004 105,000.00 3.750% ' 160,406.25 265,406.25 11/01/2004 - _ 158,437.50 158,437.50 5/01/2005 110,000.00 5.000% 158,437.50 268,437.50 11/01/2005 155,687.50 155,687.50 5/01/2006 115;000.00 5.000% 155,687.50 270,687.50 11/0112006 152,812.50 152,812.50 5/01/2007 120,000.00 4.000% 152,812.50 272,812.50 11/01/2007 - 150,412.50 150,412.50 5/01/2008 125,000.00 4.000% 150,412.50 275,412.50' - 11/01/2008 ' - - 147,912.50 147,912.50 5/01/2009 130,000.00 ° 4.000% 147,912.50 277,912.50 11/01/2009 145,312.50 145,312.50 5/01/2010 135,000.00 4.000% 145,312.50 280,312.50' 11/01/2010 - - 142,612.50 142,612.50 5/01/2011 140,000.00 4.125% 142,612.50 282,612.50 11/01/2011 139,725.00 139,725.00 5/01/2012 150,000.00 5.000% 139,725.00 289,725.00 11/01/2012 - - 135,975.00 135,975.00 5/01/2013 155,000.00 5.500% 135,975.00 290,975.00 11/01/2013 131,712.50 131,712.50 5/01/2014 165,000.00 ` 5.500% 131,712.50, 296,712.50 11/01/2014 127,175.00 127,175.00 5/01/2015 175,000.00 3.500% 127,175.00 302,175.00 11/01/2015 - - 122,362.50 122,36150 5/01/2016 180,000.00 5.500% 122,362.50 302,,362.50 11/01/2016 - 117,412.50 117,412.50 5/01/2017 190,000.00 5.500% 117,412.50 307 ,412.50 11/01/2017 112,187.50 112:.,187.50 ` 5/01/2018 200,000.00 5.500% 112,187.50 312,187.50 11/0112018 106,687.50 106,687.50 5/01/2019 215,000;00 5.500% 106,687.50 321,687.50 11/01/2019 " - 100,775.00 100,775.00 5/01/2020 225,000.00 5.000% 100,775.00 325,775.00 11/01/2020 - 95,150.00 95;150.00 5/01/2021 235,000.00 5.000% 95,150.00 330,150.00 11/01/2021 - - 89,275.00 89,275.00 5101/2022 250,000.00 5.000% 89,275.00 339,275.00 11/01/2022 - 83,025.00 83,025.00 5/01/2023 260,000.00 5.000% 83,025.00 343,025.00 11/01/2023 - 76,525.00 76,525.00 5/01/2024 275,000.00 5.000% 76,525.00 351,525.00 11/01/2024 69,650.00 69,650.00 Banc of America Securities LLC File = MASTER 1.SF -Series 2002A Public Finance Department 4/25/2002 12:28 PM Page 3 EXHIBIT A MRP PROPERTIES PAYMENT SCHEDULE Date Payment 10/01/2002 $ 62,251.10 04/01/2003 $102,571.20— 10/01/2003 $ 61,596.00 04/01/2004 $101,916.00 10/01/2004 $ ; 60,840.00 04/01/2005 $103,080.00 10/01/2005 $ 59,784.00 04/01/2006 $103,944.00 10/01/2006 $ 58,680.00 04/01/2007 $104,760.00 10/01/2007 $ 57,758.40 04/01/2008 $1,05,758.40 10/01/2008 $ 56,798.40 04/01/2009 $106,718.40 10/01/2009 $ 55,800.00 04/01/2010 $107,640:00 10/01/2010 $ 54,763.20 04/01/2011 $108,523.20 10/01/2011 $ _ 53,654.40 04/01/2012 $111,254.40 10/01/2012 $ 52,214.40 119�� 04/01/,2013 $111,734.40 10/01/2013 $ 50,57760 04/01/2014 $113,937.60 10/01 %2014 $ 48,835.20 04/01 /2015 - $116,035.20 10/01/2015 $ 46,987.20 04/01/2016 $116,107.20 10/01/2016 $ 45,086.40 04/01/!2017 $118,046.40 10/01/2017 $ 43,080.00 04/01/2018 $119,880.00 10/01/2018 $ 40,968.00 04/01/2019 $123,528.00 10/01/2019 $ 38,697.00 04/01/2020 $125,097.60 10/01/2020 $ 36,537.60 `15 04/01/2021 $126,777.60 10/01/2021 $ 34,454.40 04/01/2022 $130,281.60 10/01/2022 $ 31,881.60 04/0112023 $131,721.60 10/01/2023 $ 29,385.60 04/01/2024 $134,985.60 10/01/2024 $ 26,745.60 04/01/2025 $136,185.60 10/01/2025 $ 24,009.60 04/01/2026 $139,209:60' 10/01/2026 $ 21,129.60 04/01/2027 $142,089.60 10/01/2027 $ 18,105.60 c 04/01/2028 $146,745.60 10/01/2028 $ 14,809.20 04/01/2029 $149,209.20 10/01/2029 $ 11,365.20 04/0112030 $151,525.20 10/01/2030 $ 7,773.60 04/01/2031 $15,5,613.60 10/01/2031 $ 3,985.20 04/01/2032 $159,505.20 i_[ SOUTH MIAMI POLICE DEPARTMENT MEMORANDUM To: Mayor and City Commission Date: Sept. 29, 2003 From: Ms. Maria Davis C Re: Agenda Item # City Manager S Comm.Mtg..Oct. 7, 200 Purchase of Riot Equipment REQUEST: Approval for the purchase of riot equipment (Gas Masks,. Body Armor, etc.) in the amount of $24,122.00, from Florida Police Products. BACKGROUND AND ANALYSIS: Due to new trends and threats officers are encountering nationwide when dealing with crowd control situations, the Police; Department is recommending upgrading and replacing its old riot equipment. This purchase would include soft body armor (providing torso, leg and arm protection), new ASP batons which are larger than ones currently utilized and include a weapon retention system and new gas masks which meet or exceed current OSHA regulations and provide basic biological and chemical protection. This equipment will also be used for deployment situations during the upcoming F.T.A.A. meeting in November. Based on analysis and historical research, -these economic summits provide a rallying stage of violent groups known to target 'police officers with projectiles and other assortment of weapons. In order to meet OSHA regulations, the Police Department will provide all testing and training in gas mask use and care. Funding for this equipment will come from the Police Department's Uniform account 1910 -521 -5220 which will have a balance of $51,449 after purchase. This equipment is being purchased using Miami -Dade Corrections Bid for the same equipment from Florida Police Products. The Miami -Dade Corrections Department has already completed their bid process using three competitive bids (Copies of Bid attached) RECOIV WNDATION: 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 DISBURSE THE SUM NOT TO EXCEED $24,122.00 FROM ACCOUNT 6 NUMBER 1910 -521- 5220 UNIFORM/ EQUIPMENT TO FLORIDA POLICE 7 PRODUCTS, FOR THE PURCHASE OF RIOT EQUIPMENT. PROVIDING 8 RESOLUTIONS IN CONFLICT. 9 10 WHEREAS, the Police Department currently has outdated equipment which is unable to 11 protect officers from current threat trends during crowd control situations; and 12 13 WHEREAS, the Miami -Dade Department of Corrections has already competitively bid 14 for this equipment (Miami -Dade Corrections Purchase Order# RQCR0300053) and 15 16 WHEREAS, Florida Police Products will provide fitting of officers at the police station; 17 and training and Gas Mask fitting will be provided by the Police Department to conform with 18 current OSHA regulations. 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. That the City Manager is authorized to disburse a sum not to exceed the 24 amount of $24,122.00 to Florida Police Products Inc., from the following 25 account. 26 27 1910 -521 -5220 (Uniform/Equipment) $24,122.00 28 29 Section 2. That this resolution be effective immediately after the adoption hereof. 30 31 PASSED AND ADOPTED this day of 52003. 32 33 ATTEST:- APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 COMMISSION VOTE: 39 READ AND APPROVED AS TO FROM: Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Wiscombe: 42 CITY ATTORNEY Commissioner Bethel: 43 Commissioner McCrea: T _ RODUC S OR IDA POLICE A 11 Swat =R OP' LAW ZwvRCnwff AND CRIME PREYEMIION EQUIPMENT' DATE: AUG. 15, 2003 ATTN' SGT. JOHN BALZOLA RE: TACTICAL GEAR Dear Sgt. Balzola ; Thank, you for the opportunity to participate in this project with you... Below please find the requested information. U Qty. 37 - 57 Swivel Asp Holder. ...... .. . $ 18.00 Baton Tactical Grommet........................ $ 17.00. i 26 " ASP Baton.... ... ..............................: $ 46.00.. U'' BlackHawk Gas 'Mask Carrier ................. $ 41.00 Centurion CPX 2000 ............................... $ 52.00 Forearm Protectors ............................. $ 12.00 pr. Hard Shell Shin Guards .........................'$ 34,00 pr. Defender Gloves .......................................... $ 29.00 pr. Cordura Carrying Bag .................:........:. $ 16.00 3M Gas Mask # 78005 .......................... $ 155.00 Qty. 1 Gas mask Fitting Kit ...:......... .................. $ 145.00 U Qty 2 or 4 Gas Mask Fitting Hood ( 2'per pack ) $ 32.00 ( Pack of 2 U Qty. 74 -144 Centurion POLICE panels ....................... $ 4.00 U Qty. 44 # FR64 Filter..... ............................ $ 130.00 (Pack of 4 ) Qty. 74 -144 CP3N Filter .............. ............................... $.100.00 ( Pack of 6 ) Please keep in mind that we are at your disposal in order to assist you in., fitting the officers at your Station. We would just need to work our the logistics... Cordially, ma# &a.#& 701 NW 36TH AVE. Mwwn,' FLORIDA 33125 TEL: (305) 642.3:100 FAx: ;(305) 642.1913 E MAIL : FLORIDAPOL @NETZERO.NET .. .r;,,�� :. .�. �- -;;�p. s..a � ,:�..�w-- ^w.- ,�:;- -.,°�. :as�.�: ,-�•s,�-'�e"`u�- ?�,*c,3 =:��i. ,�.:a,7�r rs��.. rr— �'��.�,. .;�. x. ;.;F-�.. :..'^�:z..Nx'g,,5 ": �- *'�'.a,.r,'�= *?� #�:as: �l%�st. �°�w?'�x. .. «,t r�sk.r D9/26l200 15:011 FAQ 305 372 6128 D1V:B1DSSlC0NT ADT4.DT9. Facsimile Transmzttii -I Sheet MIAMI -DADE COUNTY DEPARTMENT OFpROCUREMENT MANAGEMENT III NW 1 STREET, SMITE 1300 MIAMI, FLORIDA 33128 -1989 RoM THE DESK MAUREEN M NSRA3, CPPB (PH) 305 - 375.1' 18 ' ) 305 -372 -6128 Bate: `- Ct��painyiegart�nt: �� c..1`�Pr1 l � I'�`1 t Phone. 3a-- � (-!" rc 3'a2 Fax: pages (Including Cover): Re: }_ Message: r1 c c -s ,' -w-`aF•`r':w.€ F;`t"�a.,`- T`.`"�.`s., "` r�a�R'sx, . �s.,a�:� , z��7 '4., a.,�"r %xr^ 09/26/2003 15:98 FAX 305 372 81:28 T.)I :BIDS O!e"i & MA. —DIV. 0002 Q. Cf A O O . Q f3 D o ° m m. [M Imp (m{ [L' Ila m Q O O (0 0 Q Q a d o fO� d 01 �[ !� ,Ics� Zl Z Z� ZI. Z. I [Z Z !I ► ��i I{ [ I l �I ►�.[I L E I[ II to co � _I ce) co 0 CD XD .1m col ( lift �[� I - U I U Y.T. (�I Uj o [ i [ h L [ IL ImI I lom,[I oz Ia I� 1�l I [I [ [ 0 ©_ Q o �o r .c3 C> cs o cs a o a ,n lc> In M ui IN �© o L►[ to [[I I[ �' N 'al [M `CO ZI Z{ {L' [d [ - I� to ol e7 } I at[ °>? w I ay ui N� N [N �lI N [ d �.. W (� -p 'O O: t1' O' j CS iCl�+t1. v:0 tQp o c? p C? o i%D tDlc�_ O w Q �, r. d 0.mod �+�` w [t�C1 : N1� to Of,: Ci W ID- to CDP: LO T, C> o d, [ _ w ., c°a to ` of �, :0`0 d C' / Q` �co I [ CO ° � ( r- o Imo' [r �( cni N N4li ( [ Va- I4 J. J I I x x1 III I[10VA2. E.. .3I { { 1A F tv LL IM: cal cal lr � coo I t9 v �ia s va . [ 40 ) to co .ttff v,� In ail m } !� U[ [i eta O 0. cei tl- (n F- 11 { co CID, ID Cq lto AD E� E [E E E E [E E. E [E 'E� E. .....,ate WINS ,s CUSTOMER MIAMI;DADE COUNTYCDRRECTtONS ttLT15IGM 4JF FtSCA[, MGMT ' 5650 W. FLAGLER S MEET REF J mtAmi, PE. 33I" P.O- N0. T ATTIC[: AC=. PAYABLE TO SE MADE #�E'M C�S�itPT1t� ID�EC w s� 3 _ 3m 4RW MASS MDEALSPEG v — MA9JCMTM GASBAG - aAS M A9' KTHIGH STYLE CA R MuLEI 4 MACK TACTICAL �AK� 100 PATC EC ° RIOT Uf DMYPROTEtrTIVE CF-LR HATc G FOB PRWECIORSt I PAR} HAT EC � SHULL �tN CUAROS ( S PAR) NAl'CloPEc IGOT GEAR IN CDRREC t7I S'f CI F.�"T VELCRO LOGO FM$OOOS FRISKMAS =vSPECTRAJGLOVES F'M2000M ' FRIS104A ✓ SPEc RA GLOVES FM2000L l038C'tPA41 �:LOVZS f �iao*oXL ` 'A5' i,l'^PEC'!"R+A►fiaLi�►1 :5 Fwaw2X SPECTRA GLOVES 8^67 � - L & � 65AR SAs �1ET3 -1- Lam.0 PA9GT RALt. SMBLA K .i� Wr WT HARP MORIriiEp NOT FACE SHIM ^ AND TIOCK PA6iTfED L R &�P,AQ 3tW�tCUP iEt LT3 LEVEL 0 PA5Wr BAI IA= HELMET W TH HARID #rtC1z1A�'k7�3► MOT RACE .D AND ' a'H#elc�DL x &T CKPAr D ' BDUCU i' i - 'DLA= 91DU R*WCP 4 POCI= Lome, sLE�vss SNlaTs �UCt�St t - -BLACK DDU R9%T*F 4 POCKET LONG SLR � / SIZE zx t 15 Ol/ERSOrE } DDUC mr E - •-BLACK IRM 4 POCKET LONG M.�W4WS/SM3XL t,2li GA ov THANKS_.. FROM Am � Us AT FL m=A PaucE P'RDoucl s' �� ltiMESTE�1€1.CC,31 pap I ERRS R REF J JOBS BERM v",'_T.n,� —,- -r . �.- ^^.mTM.m- ,. �;�'�T, �i' fi,. L" .�" * @ °s- °5Ty.;7'tn"'GF- .'3F^`'. `°.;. „9'�., ..x�','''m".ti.:r,i^"_..x 09/26/2003 15:09 FAX 305 372 5128 DlV:BTDS /f,0N7 & AWI.DTV. � No. 778 rA004 F:3/3 p 2 3'pLIG.26.200 3-26FM FROM TERMS SALES ORDER FLOR08"ID'A POLICE PRODUCTS, INC. DATE S.O. 0 741 HI.W. 3&rH AVE, MWMI FLA 331 TEL: 0051642 -31 00 FAX: (303) 64Z t 91 3 8/18/2003 3525 CUSTOMER MIAMI £LADE COUNTY CORRECTIONS MnSION! OF FIS=A , MGMT 866o w. P LAsLER STREET MIAIS+TI, FL. 33144 P.O. Na :R S, REP ,RCVS# ATTN: ACCTS. PAYABLE T4 BR MADE RM30 Re JOB 14 rr! 'M DlESGlZiPi QPI QTY EACH TOTAL. 13DUCLMT EW B RIPSTOP 2 CARGO PCyC104T d9 13.00 931.00 �Q HDUCUST f -- -BLACK 13DU ROWMP 2 CAIZOO POCKIZT 7 21.65 1 S2.9S PANTS / SRZE IXIL tADD 15 %OVENS=) SDUCUST — BLACK BOU RIPST- OP P. CARGO POCKET 4 22.80 91.10 PINTS / SM 3 XL (ADD 241t► THANKS... Facm Ati. OF Us AT ftAf MA POMP, PRODUMS» -TOTAL $+r�8 :3�i.s'3flt i0AlpoUr f.. "1t3fi11'ES .C+DZ+11 09126/2003 15:09 FU, 305 372 $128 DTV:T31DStf,oT%T & ADN.DTV. 1A 005 L.AWMIENS : ! PAGE 03 01/04/1996 07:11 7125692955 - [L & -DAD COUNT Corrections Rehabilitation Department Fiscal Management Bureau Quotation Request Latiat nlen' s and ` Shooters, Supply, Inc.- Title_ Riot 7750 9th Street S.W. Vero Beach, F1 32960 it=; 60 Riot Gear Set . gQt3 -562-5697 fax 772 - 569 -2955 Each set wiU should include. I�escngtitut �iadel Uritl Price Qt• I r T .3 M Cn-ey Eras IVla:sk 46800 Din' 1 No Bid i -M. GaSLVIask fflUr for above Item l No Bid ? Blacl ►k om a Ga Mask Caer 56M00 ax I �, 42.90 ea_ 1 Camel gak mule 1013 oz Substitute Blaclthawk i Vector Hydrastorm i 7400 57.60 l' Ce=urion upper body protection 4CPM000 t (CC)itXECTJON1 5 Logo) Hatch CPX2000 49.55 7 on FRZearm Protectors 1 Fi'ifl€i (COMMC7IQN5 j! ea, E o�c ) i FP100 10.50 t Centurion Lard Siel4 Shin Guards OTS65 (CORRECTIONS TS65 29.15 �a t r Kevlaa� Glove 'KFGI�Frsiiascer irta2E)Q4 1 iiFG1000 t � 27.45 i ins B$tl equ pmenr hatch Giant ca_, swat G3 ( 67.90 �4 �itilica PASGT Ballistic Level 11 Biaek Rehnet with Hard i � e�. Face, sb eld i+BR F-6 Level IIIA F -6 { V%unted Fac.. 235,00 � 1 ► $Iac:'BDU Field, Farce Long Sleeve 5nilt ` Propp (need size) F5�#5 38t�01 [ 26.50 e i $lac< ED( Field Force Pants proppez (need size) ' F5201380M 26.50. ((Items to be fitted) Tomi for Set I 573.05 09126/2003 15:09 FkT, 305 372 TIM DMBIDS /COleT & ND11.DTV X1006 �r�f1L7G. .20@r t Sa fi A 1� VOIC I kRDES IML. 3035- 223 -4 .H�? :� P.Z/7 p. I Jot' FLO '' FAX anO Q Ks, 305 - 223.57 ATTENTION: �. , � � �,l e r��fr � PAGES n[ /0 WOT QUATiONS 1, 3•M Grey Gas Mask # 6800 i3 NP(rk 2. 31A Gas Mask Pik A FR64t, 3. 13lwkHawk Chmega Gas Ma* Carte r.,(A M- 4 Camel Black Mule 1OWz (. Ific, S. Cent ran ilpper Burly hotedon # cpx 6. Centurion FareArm; Prater # FP1 Qfl N 7. Kevlar Might Glow # KFGIODO or PrKmaster # FN 000 rf�k S. Correcstions Embroidaed Logo (Included) ef J-9. Cordtm Carryrirtg Bag for all e9u*mt -Xvtqrj to. Milhxy PST Ballistic Level 11 Black Hehnet with Hayti Mounted Face Shield a43 Go 4:1 Black BVU Fwid Force Long Sleeve Shan 166% c&oD N° t4l, 5 j 42- Black RDU Field Farce P,antstaeoga 13_ BDU' Sites sail - E Large .lc. A,44* a-1 C.L 09126l2DD3 15 :10 FAX 305 372 6128 11TH' :F.lDS/C0NT & Al,)M,.D5V. ra 007 SENT BY: SAT SUPPLY; 7275276893; .SUN -25 -03 2.23PM; PAGE 212 _f 5I SRT SUPP'L'Y INC. UtITA'I'`It)N "50. 60TH AVERM NOM ST. ftTERMMG. FL 33714 Phwo-' 72T- 928-US9 fax -727 -527 -6893 W pj vwW.SRTSUPPLY.CflIM bm" T QtiabSr 25446 If1 MMI -DADS COUNTY COMECTIONS & REi MIJTATtOM Owl. W25=3 Tenw -, NET 30 DAYS FISCAL MWAGEMEW SUREAUTAWN. -BOBBY PERT Hotdkt 82282 83111 NW. WM STREET SLATE 456 �. Miami, Ft. 3s1ss P 3p3-? 9578 SIRTROW MICHAEL MATTINGLY Flat:.. 905- 22$d843 L $ii GPyC2000�i lt3A.G CP 1LG t ER A L0V&R 3#3-44 52.58000 PFttlTECT�t?1M SIZE IUIEC -L1342 -a8" 6a FI�100 FP100 CENTURION FOREARM PROT TOR KACK $8.14 3488;00 60 TS66L T3SX CEWURION NARDSHEEL SHN CAMRIS 817.E ARM 525.26 $1,512..44 14 SM 14.5` TOTAL, U340TH 60 KF01000 -KFGlo= KEWAR FtjonTOLowsaLACIC SIZE SMALL $22.10 31,326.04, flub Tow. 351504.00 TA= $4.40 Nobs: TOM Qta:ob : 55.9Gd.4D t QUOTE PRICES ARE EFF'ECTM JIM 30 DAYS FROM TM DATE OF QUOT UNL"& OTt'ti:RWiilS'E. QttC3YED, f WI&W WILL BE MISPAID AND AM THANK YOU FOR TW OWOWR tit( 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; APPROVING A RETAINER FEE FOR 7 BRUCE S. ROGOW, P.A., IN THE AMOUNT OF $10,000 8 CHARGING $10,000'TO ACCOUNT NO. 1500- 514 -3450, OTHER 9 CONTRACTUAL SERVICES., ' PROVIDING AN EF EC]"IVE 10 DATE. 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami; 14 upon the recommendation of the city attorney, Earl G. Gallop, have agreed to 15 retain the legal services of Bruce S. Rogow, P.A. in the legal action styled- TK 16 Promotions, Inc. v. City of South .Wiami, Case ' No. 03- 22263 -CIV- 17 GOLD /SIMONTON (S.D. Fla. 2003) ; and. 18 19 WHEREAS, Bruce S. Rogow submitted his engagement letter of 20 September 2, 2003 requesting the $10,000 retainer fee, a copy of which is attached 21 to this resolution; and 22 23 WHEREAS, the city attorney recommends payment of the retainer fee. 24 25 NOW THEREFORE, BE IT RESOLVED BY TILE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 27 28 Section 1. The retainer 'tee for Bruce S. Rogow, P.A. in the amount of 29' $10,000 is approved for payment and charging the amount to account no. 1500- 30 514 -3450, Other Contractual Services, 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this day of October, 2003. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 42 Additions shown by underlining; and deletions shown by eveFstr-iking. I COMMISSION VOTE: 2 READ AND APPROVED AS TO FORM: Mayor Feliu: 3 Vice Mayor Russell: 4 Commissioner Wiscombe - S CITY ATTORNEY Commissioner Bethel: 6 Commissioner McCrea: 7 8 9 10 \ \02srvplaw \prolaw\Documents \0022 \DA.1\19268.doc - Reso - retainer fee for Bruce S. Rogow, P.A. Page 2 of 2 BRUCE S. Rogow, P.A. BRowARD FINANCIAL CENTRE 500 EAST BROWARD BOULEVARD, SUITE 1930 FoxT LAUDRDAt E, FLORIDA 33394 September 2, 2003. Bruce S. Rogow" Phone (954) 767 -8909 Bevedy.A. Pohl* Fax (954) 764 -1630 Of Counsel bapohl @bellsouth.net , Board Certified Appellate Lawyers { Earl G. Gallop Nagin Gallop Figueredo 3225 Aviation Ave.., Ste. 301 Miami, FL33133 -4741` Re: TK Promotions, Inc. v. -City of South Miami Dear Earl, I would be delighted to assist in representing South Miami in this case. Enclosed is a copy of my resume, and the resume of Beverly Pohl. We would bill at $375 per hour for and $300 for Beverly. The minimum fee would be $10,000. There will not be any extra charges for costs long distance, fax, copying, Westlaw research, FedEx are all included. Upon Acceptance by the City and receipt of a check for $10,000, I will file a Notice of Appearance. If the hourly fees start to exceed $10,000, I will give you notice of that and the City can decide if it wishes to continue. If so, monthly statements will be provided. Bes BRUCE ROGOW CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 7, 2003 From: Maria V. Davis AGENDA ITEM # City Manager Ae-r-lz, S `� Re: Commission meeting Oct. 7, 2003 Payment of Severance Benefits to Police Chief Cokes Watson RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO POLICE CHIEF COKES WATSON'S RESIGNATION, AUTHORIZING THE CITY MANAGER TO OFFER A SEVERANCE PACKAGE TO HIM, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization for the City Manager to pay severance benefits to Police Chief Watson as a token of appreciation for his distinguished service to the City. Cokes Watson was hired by the City in December 1989 as a Lieutenant and worked his way through the system to become the Police Chief in 1997. As the Chief, he performed in an exemplary manner and made his department's response time to calls the envy of other Police Departments in the county. During his tenure as the Chief, the Shops at Sunset was opened with several new stores resulting in higher numbers of visitors to the City and the department handled the challenge with no negative impact to the level of protection to the City. The department created proactive measures to combat the perception of gang problems that could have emanated from the opening of the new shopping center. As a matter of fact, the overall City crime rate went down significantly during his tenure with no homicides in the last six years. He established and was 'successful with the PAL program to steer the kids toward sports and away from criminal activities. He enhanced the City's efforts on Drug Abuse Resistance' Education (DARE) program in area schools. Chief Watson shepherded the Police Department through its most significant renaissance involving computerization of the department's fleet with laptop computers and portable printers obtained with grant funds. His department brought in hundreds of thousand dollars in both federal and state forfeiture funds used to enhance and equip the department within the last several years. Funds to pay for the severance benefits will be from attrition savings in the police department supplemented with contingency reserve. RECOMMENDATION' Approval is recommended. MON T 2 3 RESOLUTION NO. _4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY ' OF SOUTH MIAMI, FLORIDA, RELATING TO POLICE CHIEF 7 COKES WATSON'S RESIGNATION, AUTHORIZING THE CITY 8 MANAGER TO OFFER A SEVERANCE PACKAGE TO HIM, AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, Police Chief Cokes Watson has informed ' the City Manager of his 13 resignation from the City effective October 9, 2003; and 14 15 WHEREAS, Cokes Watson was hired by the City in December 1989 as a lieutenant and 16 worked his way through the system to become the Police Chief in April 1997; and 17 18 WHEREAS, for his distinguished service to the City, the City Commission wishes to 19 offer him a severance package as a token of appreciation. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI: 23 24 Section 1. That the City Manager is hereby authorized to pay Chief Cokes Watson an 25 amount up to $25,000 in salary and social security tax as severance benefits. 26 27 Section 2. That this resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED this ' day of 52003. 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 READ AND APPROVED AS TO FORM: 37 COMMISSION VOTE 38 Mayor Feliu: 39 CITY ATTORNEY Vice Mayor Russell: 40 Commissioner Bethel: 41 Commissioner Wiscombe: 42 Commissioner McCrea: ' ,3'�'.'. Z ";P- . ,. WV :w " •`. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To Mayor and City Commission Date: October 7, 2003 From: Maria V. Davis AGENDA ITEM #a V City Manager W, Re: Commission meetin g Oct. 7, 2003 Payment to Red /Sunset Merchants Association for 2002 -03 fiscal year. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DISBURSEMENT OF FUNDS TO THE RED /SUNSET MERCHANTS ASSOCIATION; AUTHORIZING THE CITY MANAGER TO REIMBURSE UP TO $9,000 AS 2002 -2003 CITY CONTRIBUTION FOR PROMOTIONAL ACTIVITIES IN THE CITY BUSINESS DISTRICTS, PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization for the City Manager to reimburse the Red /Sunset Merchants Association an amount up to $9,000 that they incurred for promotional activities in the 2002 -03 fiscal year. As of the time the budget amendment for 2002 -03 fiscal year was approved recently by the City Commission, the City received no request for reimbursement from the Red /Sunset Merchants Association; therefore resulting in conclusion that no funds will be requested by them this year, and their initial allocation can be used to balance the budget.' However, it has now been brought to our attention that the merchants' are in the process of submitting a request for reimbursement for some of the expenses' incurred this year making it necessary to prepare this resolution for your approval. Funds to pay for the reimbursement will be charged to account number 001 -2100- 519 -9910 titled Contribution- Special Events where funds will be drawn into from various accounts with surplus balance at the end of the fiscal year. RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY ;COMMISSION OF THE ` 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DISBURSEMENT OF 5 FUNDS TO THE RED /SUNSET MERCHANTS ASSOCIATION AS 2002- 6 2003 CITY CONTRIBUTION TO THE PROMOTIONAL ACTIVITIES IN 7 THE CITY BUSINESS DISTRICTS, PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the 2002 -03 fiscal year budget initially included funding for promotion of 10 City of South Miami business districts; and 11 12 WHEREAS, the funds were mistakenly removed from the 2002 -03 budget amendment 13 that the City Commission recently approved; and 14 15 WHEREAS, the City Commission wants to restore the funds up to an amount not 16 exceeding $9,000.00 from the 2002 -03 budget as reimbursements incurred by the merchants for 17 promotional activities. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI: 21 22 Section 1. That the City Manager is authorized to reimburse the Red /Sunset Merchants 23 Association up to $9,000.00 from the 2002 -03 budget.' 24 25 Section 2. That the disbursement is to be charged to account number 01 -2100 -519- 26 9910, titled Contribution - Special Events. 27 28 " Section 3. That this resolution shall take effect immediately upon approval. 29 30 PASSED AND ADO PTED this 2003. Y f 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 READ AND APPROVED AS TO FORM: 38 COMMISSION VOTE 39 Mayor Feliu: 40 CITY ATTORNEY Vice Mayor Russell: 41 Commissioner Bethel: 42 Commissioner Wiscombe: 43 Commissioner McCrea: ry. I' I RESOLUTION NO. 2 3 4 A °RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA FINDING IN ITS SOLE DISCRETION THAT IT 6 IS APPROPRIATE TO EXEMPT THE CHILDREN'S TRUST FROM THE 7 PROVISIONS OF SECTION 163.387(2)(a), F.S. WITH REGARD TO THE CITY 8 COMMUNITY REDEVELOPMENT AGENCY; PROVIDING AN AFFECTIVE 9 DATE. 10 1 I WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 12 1969 Legislative Session, enactment is presently codified in the Florida Statutes as Part III of Chapter 163, 13 Florida Statutes, as amended from time to time (the "Act "); and 14 15 WHERAS all powers arising through the Act are conferred by the Act upon counties with home rule 16 Charters, which counties, in turn are authorized to delegate certain of such powers to a municipality and/or 17 community redevelopment agency created pursuant to the Act; and 18 19 WHEREAS, the Board of County Commissioners of Miami- Dade County, Florida (the `Board ") has 20 delegated community redevelopment powers to the City of South Miami in accordance with the provisions of 21 the Act, including, among other things, the authority to create two community redevelopment agencies and 22 the power to initiate, prepare and adopt a redevelopment plan, subject to approval by the board; and 23 24 WHEREAS, certain redevelopment powers were not specifically delegated by the Board and were 25 specifically, reserved exclusively for exercise by the Board, specifically the power to determine an area to be 26 a slum or blighted area, to grant final approval to community redevelopment plans and modifications thereof, 27 to authorize the issuance of revenue bonds and the powers to approve the development of community 28 policing innovation; and 29 30 WHEREAS, September 10, 2002, the voters of Miami -Dade County voted to amend the Home Rule 31 Charter to rename the independent special taxing district, "The Children's Trust" and to authorize the levy of 32 an ad valorem tax not to exceed one -half (1/2) mill for purpose, "Funding improvements to children's health, 33 development and safety [and] promoting] parental and community responsibility for children;" and 34 35 WHEREAS, the voters will be asked to renew this ad valorem levy in 2008; and 36 37 WHEREAS, this ballot question received widespread support by the voters sixty-six (66%) percent 38 of all voters, and a majority of all voters in each and every voting district; and 39 40 WHEREAS, it is the clear intent of the voters that the revenue from this ad valorem tax be used by 41 The Children's Trust for the good of children and their families in Miami -Dade County; and 42 43 WHEREAS, this Commission of the City of South Miami desires to give full effect the voters -that 44 the revenue from the one -half ('1/2) mill be used by The Children's Trust for the good of Miami -Dade 45 County's children's and families; and 46 47 WHEREAS, furthermore, Part III of Chapter 163 of Statutes is not intended to apply, and therefore 48 does not apply, to a special taxing district that came into existence after the creation of the community 49 redevelopment agency and/or trust fund and 50 51 WHEREAS, the City of South Miami Community Redevelopment agencies and/or their trust funds 52 existed prior to the creation of the Children's Trust, which was created by the Board of County 53 Commissioners through Ordinance No. 02 -247 with an effective date of December 13, 2002; and I WHEREAS, therefore, with regard to the City of South Miami's already ,existing community 2 redevelopment agencies, Part III of Chapter 163 of Florida Statutes does not apply to The Children's Trust 3 and 4 WHEREAS, in order to insure that the intent of the voters of the Miami -Dade County is carried out 5 expeditiously and without undue delay, it is appropriate that the City of Miami Beach in its sole discretion, 6 exempt The Children's Trust, and independent special taxing district, from ` the provision of ` Section 7 163.387(2)(a); and 8 9 WhEREAS, the exemption shall be granted in accordance with the provisions of Section 163.387 10 (2)(d)(1) and shall be for the term of collection of the The Children's Trust ad valorem tax, including any 11 extensions of this ad valorem tax levy which may be approved by the voters of Miami - Dade county; and 12 13 WHEREAS, for already existing community redevelopment agencies, This exemption is not 14 necessary because the Act does not apply to The Children's Trust, but by acting in this fashion, the City of 15 South Miami will resolve any ambiguities as to the applicability of the Act to The Children's Trust, 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 SOUTH MIAMI FLORIDA: 19 20 Section 1. The foregoing recitations are deemed true and correct and are hereby incorporated as 21 part of this resolution. 22 23 Section 2. The City Commissioners of the City of South Miami hereby, in its sole discretion 24 pursuant to 163.387(2)(d)(1), exempts The Children's Trust, an independent special taxing district, from the 25 provisions of 168.378 (2)(a) F. S. for the term of The Children Trust ad valorem tax including any extension 26 of this ad valorem tax levy which is approved by the voters of Miami- Dade County. 27 28 Section 3. This resolution is hereby declared to be for a public purpose and for the welfare of 29 the citizens of the City of South Miami and Miami -Dade County, Florida and shall be broadly construed to 30 effectuate the purpose thereof. 31 32 PASSED AND ADOPTED this day of 2003. 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 40 READ AND APPROVED AS TO FORM COMMISSION VOTE: 41 MAYOR FELIU: 42 VICE MAYOR RUSSELL: 43 COMMISSIONER BETHEL: 44 COMMISSIONER WISCOMBE: 45 CITY ATTORNEY COMMISSIONER MCCREA: 46 Page 2 of 2 y�- ^7...-u�; °'� ..�' M:at?+5� ;,, v?'c'J „i„W^"�,.- '�.'T°i',p., —.d P'k: '.,:: �- rimy.`+ �i, T. a.- 3 " „ti^'"km•{c= .,'4- ""d".,- .,;,.�. The Children's Trust Officers /Executive Committee David Lawrence Jr Chair League of Cities Meeting Dr. ce J. Blechman Vice Chair (September, 4, 2003) Vairia C. Screen Secretary Octavio F. Verdeja Treasurer Isabel Afanador Proposed Ordinance by the Board of County Commissioners to Executive committee Exempt The Children's' Trust from Revenue Sharing with Merrett R. Stierheim Community Redevelopment Agencies Executive Committee Maria A. Aionso, Chair Procurement Committee Charisse Grant, Chair Program Services Committee a Frequently Asked Questions Handout pp. 1-3 Dr. Steven E. Marcus, Chair b CRA ordinance pp. 4 -6 Human Resources C. Estimate of revenue The Trust The Board Of Directors is to share with CRAB P• 7 Dr. Nelson Adams d. CRA items pending before BCC pp. 8 -13 Dr. Linda Blanton e. Proposed municipal resolution pp. 14 -16 George M. Burgess Major James' Dibemardo Hon. Kath y ,Femandez Rundle Hon. Rene Garcia Hon. Norman S. Gerstein Josee Gregoire Sara B. Herald Charles M. Hood ill Nancy Humbert Hon. Dr. Robert B. Ingram Dr. Shirley B. Johnson Hon. Cindy 'S. Lederman Dannie McMillon Debbie No gueras Hon. Alex Penelas Felicia Prater Hon. Julio Roba'ina Thomas M. Rozek Dr. Judy Schaechter Gerald K. Schwartz' Hon. Natac ha Seijas Dr. Jose Vicente Modesto E. Abety Chief Executive Officer 111 NW First Street - "Suite 2210. Miami, FL. 33128 Karon Coleman 305 -375 -5356 - Fax: 305- 375 -3997 Legal Counsel www thechildrenstrust.ore FreQuentiy Asked Ouestions about The Children's Trust and Community Redevelopment Agencies 1. What is The Children's Trust? The Children's Trust is an independent special taxing district approved by the sixty percent (66 %) of the voter's on September 10, 2002. It is charged with funding improvements to children's health, development and safety and promoting parental and community responsibility for children, it authorized to levy up to one -half mill. The voters will be asked to renew The Children's Trust tax in 2008. 2. What are community, redevelopment agencies (CRAs)? Community redevelopment agencies, commonly known as CRAs, are charged, with addressing slum, urban blight and the lack of affordable housing within a specified geographic boundary. Community redevelopment agencies are formed by the County (or the affected municipality) after such governing body" declares that it is necessary to address the slum, urban blight or lack of affordable housing through redevelopment. The County and/or the affected municipality must provide notice by registered mail to all taxing authorities of its intent to create a' CPA. 3. How many CRAs are there in Miami -Dade County? Currently, there ' are eight: 1) Miami Beach (South Pointe); 2) Miami Beach (Convention Center); 3) City of Miami (SE Overtown/Park West) 4) City of Miami (Omni); '5) Homestead; 6) Florida 'City; 7) South Miami; and 8) Naranja. However, there are two or three more that are being proposed. Except for Naranja (which is in unincorporated Miami -Dade County), the County has delegated most powers with regard to community redevelopment to the various municipalities ( "sponsoring municipalities "). In fact, several municipalities' governing boards serve as the governing board for the CRA within their jurisdiction. 4. In general, what is the relationship between special taxing districts (like The Children's Trust) and CRAB? In general, the Community Redevelopment Act (Part III ,Chapter 164 of Florida Statutes) contemplates that taxing authorities will share a portion of their tax revenue with CRAB. The portion to be shared is calculated as 95% of the difference between: 1) the amount of ad valorem (property) taxes levied each year by the taxing authority within the geographic boundaries of the community redevelopment area AND; 2) the amount of ad valorem taxes generated by the taxing authority prior to the creation of the community redevelopment agency (base 'year). This formulation seems to contemplate that the taxing authority existed at the time that CRA was created. O Frequently Asked Questions about The Children's Trust and CRAB The argument for having a taxing authority share any increased revenue with a CRA is that, but for the efforts of the CRA, the taxing authority would not have realized an increase in revenue. Therefore, the CRA should share in that increased revenue so as to support its redevelopment efforts. When developing its community development plan, the CRA takes into account the projected revenue that it will receive from the existing taxing authorities; 5. How is the relationship between The Children's Trust and the CRAs different? The Children's Trust was 'created after most of the CRAs and therefore, its revenue was never contemplated in any CRA's community redevelopment plan. Furthermore, the above calculation (described in paragraph 4) -has an unfair application to The Children's Trust Because The Children's Trust did not exist during the base year for each community redevelopment agency, the amount of revenue it gene-rated during that year was $0. Therefore, The 'Children's Trust will have to share 95%, of all the revenue it produces within the geographic boundaries` of the community redevelopment agencies. 7. How much money is at stake? The estimate provided by the County is approximately $1.3 million to $1.4 million, with approximately $900,000 earmarked for the two Miami Beach CRAB. 6. What is the intent of the County ordinance that has been.introduced by Commissioner Seijas? The intent of ordinance is to effectuate the will of the voters --that the tax revenue raised by The Children's Trust be used for improvements to children's health, development and safety and the promotion of parental and community responsibility for children - by requiring CRAB or their sponsoring municipality to exempt, in their sole discretion, The Children's Trust from revenue sharing. 7. How will the ordinance accomplish its intent? From time to time, each CRA requests that the Board of County Commissioners take certain actions on their behalf such as approving their annual bndgetor amending their redevelopment plan. The ordinance establishes a County policy for reviewing requests made by CRAB and/or their affected municipalities: as a condition precedent to any Board of County Commissioners' action, the sponsoring municipality must, in its sole discretion, exempt The Children's Trust from revenue sharing. s, Frequently Asked Questions about The Children's Trust and CRAB 8. Does it apply to existing CRAs well as future CRAs ?' Yes, the ordinance will apply to both existing and future CRAB. It will be the policy of the County to exempt The Children's Trust from revenue sharing with all future CRAB. 9 What will existing CRAB need to do to comply with the ordinance? The Community Redevelopment Act establishes a procedure for exempting taxing district from revenue sharing. § 163.387(2)(d), F.S. It provides two options: 1) either the sponsoring municipality can grant the exemption in its sole discretion; or 2) the municipality can grant an exemption in response to a request from a special district. The ordinance is requiring that the sponsoring municipality exempt The Children's Trust in its sole discretion. Therefore, it will be necessary for the municipality to pass a resolution to that effect. The statute does lay out a more detailed process, including a noticed public hearing, if the municipality acts on a request from a taxing authority. However, by having the municipality exempt The Children's Trust in its sole discretion, the process is simplified. 10. When wiu the ordinance be heard for public hearing and second reading by the Board of County Commissioners? The Board of County Commissioners will conduct a public hearing on the ordinance on September 17, 2003 at the Economic Development and Human Service Committee at 10:00 am. It will be heard for second reading either the last BCC meeting in September 2003 or one of the meetings in October 2003. Miami -Dade Legislative Item • File Number: 031997 File Number: 031997 File Type: Ordinance Status: In Committee Version: I) Reference: Control: Economic Development and Human Services Committee File Name: CRA W/ REGARD COMMUNITY REDEVELOPMENT AND Introduced: CHILDRENS TRUST 6/30/2003 Requester: NONE Cost: Final Action: Agenda Date: 7!8/2003 Agenda Item Number: 13F Notes: Title: ORDINANCE RELATING TO ESTABLISHMENT OF POLICY FOR CONSIDERATION OF REQUESTS BY MUNICIPALITIES AND /OR COMMUNITY REDEVELOPMENT AGENCIES WITH REGARD TO COMMUNITY REDEVELOPMENT; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Indexes: COMMUNITY DEVELOPMENT Sponsors: Natacha Seijas CHILDRENS TRUST Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist: None Listed Legislative History Board of County 7/8/2003 Scheduled for a Economic Development 9/1712003 Commissioners public hearing and Human Services' Committee Board of County 7/812003 13F Adopted on first 9/17/2003 P Commissioners reading REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and Human Services Committee on July 16, 2003 at 10:00 a.m. Legislative Text TITLE O ORDINANCE RELATING TO ESTABLISHMENT OF POLICY FOR CONSIDERATION OF REEQ To S BY MUNICIPALITIES AND /OR COMMUNITY REDEVELOPMENT AGENCIES WITH REGARD COMMUNITY REDEVELOPMENT; AND PROVIDING SEVER.ABILITY, INCLUSION IN THE CODE. AND AN EFFECTIVE DATE BODY WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 III Chas ter 63, Legislative Session, which enactment is presently codified in the Florida Statutes as P P Florida Statutes, as amended from time to time (the "Act "); and WHEREAS, all powers arising through the Act are conferred by the Act upon counties � th Home Rule Charters, which counties in turn are authorized to delegate certain of such powers P community redevelopment agency created pursuant to the Act; and WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida (the "Board") as Act gated community redevelopment powers to various municipalities in accordance with the provisions including, among other things, the authority to create and appoint members to a community redevelopment agency and the power to initiate, prepare and adopt a redevelopment plan, subject to approval by the Board; and WHEREAS, certain redevelopment powers were not specifically delegated by the Board and were specifically reserved exclusively for exercise by the Board, specifically the power to determine an area to be a slum or to blighted area, to grant final approval to community redevelopment plans and modifications of common thereof, olicing. authorize the issuance of revenue bonds and the power to approve the development h' P innovations; and WHEREAS, from time to time, municipalities, or community redevelopment agencies request the Board to take certain action as the local governing body that benefit the municipalities or community redevelopment agencies, or request the Board create new tax increment districts within their municipal boundaries to address instances of slum and blight; and WHEREAS, on September 10, 2002, the voters of Miami -Dade County voted 'to�amend the Home Rule Charter to rename the independent special taxing district, "The Children's Trust and to authorize the levy of an ad valorem 'tax not to exceed one -half (1/2) mill for the purpose of, funding improvements to children's health, development and safety [and] promot[ing] parental and community responsibility for children;" and WHEREAS, the voters will be asked to renew this ad valorem levy in 2008; and o percent of all WHEREAS, this ballot question received widespread support by the voters --sixty-six six 66 /o) p voters, and a majority of all voters in each and every voting district; and WHEREAS, it is the clear intent of the voters'that the revenue from this ad valorem tax be used by The Children's Trust for the good of'children and their families in Miami -Dade County and WHEREAS, this Board of County Commissioners desires to give full effect to the will of the voters —that the revenue from the one- half(1 /2) mill be used by The Children's Trust for the'good of Miami -Dade County's- _ children and families; and WHEREAS, furthermore, Part III of Chapter 163 .of Florida Statutes is not intended to apply, and, therefore does not apply, to a special taxing district that came into existence after the creation of th'e community redevelopment agency and/or trust fund; and WHEREAS, most of the community redevelopment agencies and/or their trust funds existed prior to the y ty ners through creation of The Children's Trust, which was created b the Board of Coun Commissio Ordinance No. 02 -247 with an effective date of December 13, 2002; and WHEREAS, therefore, with regard to already existing community redevelopment agencies, Part III of Chapter 163 of Florida Statutes does not apply'to The Children's Trust; and WHEREAS,?in order to ensure that the intent of the voters of Miami -Dade County is carried out expeditiously and without undue delay, it is necessary that: municipalities in their sole discretion, exempt The Children's Trust, an independent special taxing district, from the provisions of Section 163.387(2)(a); and' WHEREAS,'the exemption shall be granted in accordance with''the provisions of Section 163.387(2)(d)(1) aad shall be for the term of collection of The Children's Trust ad valorem tax, including any extensions of this ad valorem tax levy which may be approved by the voters of Miami -Dade County; and WHEREAS, for already existing community redevelopment agencies, his exemption is not necessa. y because the Act does not apply to The Children's Trust, but by acting in this fashion, municipalities will resolve any ambiguities as to the applicability of the Act to The Children's Trust, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI - DADE COUNTY, FLORIDA: Section 1. The foregoing recitations are hereby incorporated as ',a part of this ordinance. Section 2. This Board hereby finds that it is necessary to establish a policy by which the Board will consider requests from municipalities or community redevelopment agencies created by municipalities, for certain actions by the Board pursuant to the provisions of the Act or Interlocal Cooperation Agreement, including but not limited to: 1) creation of new tax increment districts within their municipal boundaries; 2) approval of amendments to an Interlocal Cooperation Agreement: 3) approval of an annual budget for expenditure of monies on deposit in the Trust Fund; 4) amendments to the redevelopment plan; and/or 5) any other matter that requires the approval of the Board. This Board hereby finds that.it is in the best interest of the citizens of Miami -Dade County to require as a condition precedent to the Board's consideration of such municipal or agency requests that, such municipality, in its sole discretion pursuant to §163.387(2)(d)( ), F. S, exempt The Children's Trust, an independent special taxing district, from the provisions of Section 163.387(2)(x) for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami -Dade County. Section 3. For all community redevelopment agencies created by the Board after the establishment of The Children's Trust independent special taxing district, the Board hereby, in its sole discretion pursuant to §163387(2)(d)(1), exempts The Children's Trust, an independent special taxing district, from the provisions of §163.387(2)(a), F.S. for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami -Dade County. Section 4. This ordinance is hereby declared to be for a public purpose and for the welfare of the citizens of Miami -Dade County, Florida and shall be broadly construed to effectuate the purpose thereof. Section 5. If any section, subsection, sentence, clause orprovision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 6. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami -Dade County. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" maybe changed to "section," "article," or other appropriate word. Section 7. This ordinance does not contain a sunset provision. Section 8. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Home I Agendas I Minutes I; Legislative Search I Lobbyist Reoistration I Legislative Reports 2003 BCC Meeting calendar I Miami Dade County Code of Ordinances Home I Using Our Site I About J Phone Directory I Privacy j Disclaimer '7. E-mail your comments, questions and suggestions to Webmaster Web Site 0 2003 Miami -Dade County. All rights reserved. O '=t'-k County TIF Payments to CRA's for fiscal year 2002 -03 County Wide Millage 5.889 Payment Taxable Value Increment ;k CA%.i w,,Jc December -02 July 2002 versus base year ,/I Miami Beach: South Beach $4,716,690 $800,932,247 $400,466 Miami Beach City Center $8,881,696 $998,759,722 $499,380 Miami: SE'Overtown/Park West $970,494 $164,797,759 $82,399 Omni $1,344,103 $228,239.599 $114,120 Homestead $605,774 $102,865,342 $51,433 Florida City $312,992 $53,148,582 $26,574 South Miami $301,319 $51,166,412 _ _ $25,583 Total $14,133,068 $2,3991909,662 $1,199,955 Naranja takes est'03 $55,000 $9,339,446 $4,670 Naranja lakes est'07 $1,000,000 $169,808,117 $84,904 Miami -Dade Economic Development and Human Services Committee Agenda OFFICIAL Version Wednesday, July 16, 2003 10:00:00 AM • • COMMISSION CHAMBERS Dorrin D. Rope (2), Chairperson; Rebeca Sosa (6), Vice Chairperson; Commissioners - Bruno A Barreiro (5), Jimmy L Morales (7), Natache_Seijas (13), and Katy Sorenson (8) Disclaimer Agenda Definitions County Commission Rules Rule 6.05 DECORUM "Any person - making impertinent or slanderous remarks or who becomes boisterous while addressing the commission, shall be barred from further' audience before the commission by the presiding officer, unless permission to continue or again address the commission be granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support of or opposition to a speaker or his or her remarks shall be permitted. No signs or placards shall be allowed in the commission chambers. Persons exiting the commission chambers shall do so quietly. 1A INVOCATION 113 PLEDGE OF ALLEGIANCE 1 C ROLL CALL 1 D CITIZEN'S PRESENTATION 1D1 032007 Citizen's Dorrin D. Rolle Presentation PRESENTATION BY MS. ALEXANDRIA DOUGLAS, ALLIANCE FOR HUMAN SERVICES EXECUTIVE DIRECTOR REGARDING SOCIAL SERVICE FUNDING PRIORITIES 1132 032071 Citizen's Dorrin D. Rolle Presentation PRESENTATION BY MR. LARRY D. JONES, SOUTH MIAMI HEIGHTS COMMUNITY' DEVELOPMENT CORPORATION REGARDING IMPACT FEES PLACED BY MIAMI - - DADE WATER AND SEWER AND THE MIAMI -DADE BUILDING AND ZONING DEPARTMENT ON NON - PROFIT ORGANIZATIONS BUILDING AFFORDABLE HOMES 2 COUNTY COMMISSION 2A 032028 Resolution Dorrin D. Rolle RESOLUTION AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO EARMARK AND ALLOCATE $500,000 FROM REPROGRAMMED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO MIAMI -DADE HOUSING AGENCY (MDHA) TO PROVIDE RELOCATION ASSISTANCE 'TO-SCOTT HOMES /CARVER HOMES HOPE VI REVITALIZATION PLAN RESIDENTS DURING THE MONTHS OF JUNE THROUGH AUGUST, 2003; AND EXECUTE ANY NECESSARY AGREEMENTS 2B 032069 Resolution Dr. Barbara CareyShuler Dorrin D. Rolle RESOLUTION AUTHORIZING THE TRANSFER OF $678,000 OF LOAN GUARANTEE FUNDS TO ESTABLISH `A TORNADO RELIEF BUSINESS ASSISTANCE PROGRAM AND UNDERTAKE ECONOMIC DEVELOPMENT ACTIVITIES 2C 0 2030 Resolution Dennis C. Moss RESOLUTION AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO ALLOCATE $500,000 OF RECAPTURED HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS TO THE MIAMI -DADE HOUSING AGENCY (MDHA) FOR IMPROVEMENTS IN AND TO THE HERITAGE VILLAGE If AND MOODY VILLAGE PUBLIC HOUSING DEVELOPMENTS; AND EXECUTE NECESSARY AGREEMENTS 2D 032021 Resolution "Joe A. Martinez RESOLUTION AUTHORIZING THE COUNTY MANAGER TO ALLOCATE AND TRANSFER $2 MILLION IN DOCUMENTARY SURTAX FUNDS TO THE MDHA DEVELOPMENT CORPORATION FOR THE EIGHTH STREET ELDERLY HOUSING DEVELOPMENT LOCATED COADJACENT TO THE PARK AND RIDE FACILITY ON THE SOUTHWEST CORNER OF SW 8TH STREET AND SW 127TH AVENUE; AND AUTHORIZING THE COUNTY MANAGER TO PREPARE AND EXECUTE ANY NECESSARY DOCUMENTS AND AGREEMENTS 2E' ; Natacha Seijas 031902 Resolution Dorrin D. Rolle Dr. Barbara Carey- Shuler RESOLUTION DIRECTING THE ALLIANCE FOR HUMAN SERVICES TO ESTABLISH A SPECIAL POOL OF CBO FUNDS TO ADDRESS DISTRICT NEEDS 3 PUBLIC HEARINGS 3A - 31812 Ordinance Dr. Barbara Carey- Shuler ORDINANCE ESTABLISHING THE OFFICE OF COUNTYWIDE HEALTHCARE PLANNING; AMENDING CHAPTER 25A OF THE CODE TO REDUCE VOTING MEMBERSHIP, TO PROVIDE RIGHT TO VOTE TO A COMMISSIONER, TO CHANGE COMPOSITION OF NOMINATING COUNCIL, TO CHANGE TENURE PROVISION, TO RENAME COMPENSATION COMMITTEE AND PROVIDE ADDITIONAL DUTY THERETO, TO REMOVE TRUSTS COUNTYWIDE PLANNING AND DELIVERY FUNCTIONS, TO CREATE TRUST /UNIVERSITY OF MIAMI ANNUAL OPERATING AGREEMENT NEGOTIATING COMMITTEE,, TRUSTIMIAMI -DADE COUNTY ANNUAL OPERATING AGREEMENT COMMITTEE AND PUBLIC HEALTH TRUST OFFICE OF INTERNAL AUDITOR, PUBLIC ACCOUNTABILITY AND INFORMATION, TO REQUIRE TRUST REGULAR MEETINGS IN COMMISSION CHAMBERS, TO REQUIRE ANNUAL TELEVISED SPECIAL MEETING REGARDING TRUST AUDIT; AND ABOLISHING THE HEALTH POLICY AUTHORITY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 0316061 5/29/2003 Forwarded to BCC with a favorable recommendation with committee amendment (s) by Economic Development and Human Services Committee Passed S -1 6/17/2003 Adopted on first reading by BCC Passed 10 - 0 3B Office of Community and Economic 031916 Ordinance Development ORDINANCE GRANTING ENTERPRISE ZONE AD VALOREM TAX EXEMPTION TO CEC` ENTERTAINMENT, 'INC., DB /A CHUCK E. CHEESE RESTAURANT, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING SEVERABILITY, EFFECTIVE DATE AND EXPIRATION DATE 7/8/2003 Scheduled for a public hearing by BCC to Economic Development and Human Services Committee Hearing Date: 7/1612003 - 7/8/2003 Adopted on first reading by BCC Passed 13 - 0 3C 032103. Ordinance Business Development ORDINANCE RELATING TO THE COMMUNITY WORKFORCE PROGRAM AMENDING ORDINANCE 03 -1 ADDING DEFINITIONS FOR CONSTRUCTION TRADE, LABOR FORCE, JOB; CLARIFYING DEFINITIONS OF NEW HIRE, RESIDENCY, WORKFORCE RECRUITMENT ORGANIZATION; CLARIFYING SECTIONS B, C, D; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NUMBER 0317141 4 DEPARTMENT 4A 31933 Resolution Human Services Department' 00 RESOLUTION RATIFYING THE COUNTY MANAGER'S ACTION TO EXECUTE A CONTRACT FROM THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, IN ORDER TO CONTINUE THE COUNTY'S MEDICAID PROVIDER ELIGIBILITY THROUGH THE DEPARTMENT OF HUMAN SERVICES; AND TO EXECUTE AGREEMENTS' 413 032017 Resolution Metro -Miami Action Plan RESOLUTION AUTHORIZING EXECUTION OF AN INTERDEPARTMENTAL AGREEMENT BETWEEN THE DEPARTMENT OF SOLID WASTE' MANAGEMENT AND METRO -MIAMI ACTION PLAN TO SUPPORT ECONOMIC DEVELOPMENT INITIATIVES 4C 031952 Resolution Miami -Dade Housing Agency RESOLUTION AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO RETROACTIVELY EXECUTE A CONTRACT FOR AN EMERGENCY FUNDING' APPLICATION TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD); AND EXECUTE ANY NECESSARY AGREEMENTS 4D 039831 Resolution Office of Community and Economic Development RESOLUTION APPROVING SAFE.AIR LLC., AS A TARGETED JOBS INCENTIVE FUND PROGRAM BUSINESS PURSUANT TO THE CODE OF MIAMI -DADE COUNTY, FLORIDA, CHAPTER 2, ARTICLE LXXXVI AS MODIFIED BY ORDINANCE NO. 02- 251; CONFIRMING THAT THE COMMITMENT OF INCENTIVE AWARDS FOR SAFE.AIR LLC., EXISTS; AND PROVIDING AN APPROPRIATION OF UP TO $822,064 FROM GENERAL REVENUE FUNDS FOR FISCAL YEARS 2005 THROUGH 2014 WITH THE PROVISO THAT ANY TAX ABATEMENT GRANTED TO SAFE.AIR LLC., UNDER FLORIDA STATUTE 196.1995 REDUCES ANY TARGETED JOBS INCENTIVE FUND INCENTIVE AWARD TO SAFE.AIR LLC., BY THE AMOUNT OF ANY SUCH TAX - ABATEMENT GRANTED, IN COMPLIANCE WITH FLORIDA STATUTE 288.106(5)(C); AND PROVIDING FOR AN EFFECTIVE DATE 4E 031833 Resolution Office of Community and Economic Development RESOLUTION APPROVING CONFIDENTIAL PROJECT #03 -00242, AS A TARGETED JOBS INCENTIVE FUND PROGRAM BUSINESS PURSUANT TO THE CODE OF MIAMI- DADE "COUNTY, FLORIDA, CHAPTER 2, ARTICLE LXXXVI AS MODIFIED BY ORDINANCE NO. 02 -251; CONFIRMING THAT THE COMMITMENT OF INCENTIVE AWARDS FOR CONFIDENTIAL PROJECT #03 -00242, EXISTS; AND PROVIDING AN CID APPROPRIATION OF UP TO $466,657 FROM GENERAL REVENUE FUNDS FOR FISCAL YEARS 2004 THROUGH 2009 WITH THE PROVISO THAT ANY TAX ABATEMENT GRANTED TO CONFIDENTIAL #03-00242, UNDER FLORIDA STATUTE 196.1995 REDUCES ANY TARGETED JOBS INCENTIVE FUND INCENTIVE AWARD TO CONFIDENTIAL 003- 00242, BY THE AMOUNT OF ANY SUCH TAX ABATEMENT' GRANTED, IN COMPLIANCE WITH FLORIDA STATUTE 288.106(5)(C); AND PROVIDING FOR AN EFFECTIVE DATE 4F Office of Community and Economic 031927 Resolution Development RESOLUTION REGARDING REDEVELOPMENT OF NARANJA LAKES COMMUNITY TH REDEVELOPMENT AREA DESCRIBED; GENERALLY STREET ON THE SOUTH, S.W. 137TH AVENUE AND FLORIDA TURNPIKE ON THE EAST, S.W. 268TH STREET AND 1ST ROAD ON THE NORTH AND OLD DIXIE HIGHWAY ON THE WEST; APPROVING INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI -DADE COUNTY AND THE NARANJA LAKES COMMUNITY REDEVELOPMENT AGENCY FOR REDEVELOPMENT OF SAID AREA; AND AUTHORIZING COUNTY MANAGER TO EXECUTE SAID AGREEMENT 4G Office of Community and Economic 032013 Resolution Development RESOLUT APPROVING THE R 2002 -2003 FOR CITY OF MIAMI BEACH COMMUNITY REDEVELOPMENT AGENCY 4H Office of Community and Economic 032015 Resolution Development M-Q L YEAR 2002 -2003 FOR CITY OF OUTH MIAMI COMMUNITY REDEVELOPMENT AGERCY 41 032016 Resolution Office of Community and Economic Development R.ES ION APP L YEAR 2002 -2003 FOR CITY OF LORIDA CITY COMMUNITY REDEVELOPMENT AGENC 4J 032052 Resolution Office of Community and Economic Development RESOLUTION APP ISCAL YEAR 2002 -2003 FOR CITY OF ESTEAD COMMUNITY REDEVELOPMENT AG Y 4K Office of Community and Economic 032018 Resolution Development RESOLUTION APPROVING AN AMENDMENT T MIAMI BEACH SOUTH POINT OF DEEVELO COMMUNITY REDEVELOPMENT AREA PLAN RE T— ITT SOUTH POINTE REDEVELOPMENT AREA DESCRIBED GENERALLY AS BOUNDED ON EAST BY ATLANTIC OCEAN, ON NORTH BY 6TH STREET, ON WEST BY BISCAYNE BAY, AND ON THE SOUTH BY GOVERNMENT CUT; DELEGATING TO THE CITY OF MIAMI BEACH THE POWER TO IMPLEMENT COMMUNITY POLICING INNOVATIONS WITHIN THE SOUTH POINTE REDEVELOPMENT AREA IN ACCORDANCE WITH THE APPROVED REDEVELOPMENT PLAN, AS MAY BE AMENDED FROM TIME TO TIME 4L Office of Community and Economic 032025 Resolution Development RESOLUTION Ap1B,Qa+l1N G AN AMENDMEM(O' =BEVACC�H� ITY CE ISTORIC CONVENTIO VILLAGE COMMUNITY REDEVELOPMENT AND REVITALIZATION AREA P LATING TO REDEVELOPMENT OF CITY CENTERIHISTORIC CONVENTION VILLAGE REDEVELOPMENT AREA DESCRIBED GENERALLY AS BOUNDED ON EAST BY ATLANTIC OCEAN, ON NORTH BY 24TH STREET, ON WEST BY WEST AVENUE, AND ON THE SOUTH BY 14TH LANE; DELEGATING TO THE CITY OF MIAMI BEACH THE POWER TO IMPLEMENT COMMUNITY POLICING INNOVATIONS WITHIN THE CITY CENTERIHISTORIC CONVENTION VILLAGE REDEVELOPMENT AREA IN ACCORDANCE WITH THE APPROVED REDEVELOPMENT PLAN, AS MAY BE AMENDED FROM TIME TO TIME; AND APPROVING THE TERMS OF AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN COUNTY AND CITY OF MIAMI BEACH 4M 031981 ` Resolution Office of Management and Budget RESOLUTION APPROVING COUNTY MANAGER'S RECOMMENDATIONS FOR AWARD OF CONTRACTS FOR HEALTH AND SUPPORT SERVICES FOR PERSONS WITH HIV SPECTRUM DISEASE UNDER TITLE I - HIV EMERGENCY RELIEF GRANT OF THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY (C.A.R.E.) ACT, AND AUTHORIZING THE COUNTY MANAGER TO NEGOTIATE, EXECUTE, AMEND, AND EXTEND SAID CONTRACTS 4N 031986 Resolution Office of Management and Budget t3 °"' 7, ;, _- „: ^-^Y —;, =gym;- ;, "°- ,�-,., .,^r?,. ;ai. ^;,, -t:' ,- P•'zi;. ',:: i"ars „-- RESOLUTION NO. RESOLUTION BY THE BOARD OF CITY COMMISSIONERS OF FINDING IN ITS SOLE DISCRETION THAT IT IS APPROPRIATE TO EXEMPT THE CHILDREN'S TRUST FROM THE PROVISIONS OF SECTION 163.387(2)(x), F.S. WITH REGARD TO THE CITY'S COMMUNITY REDEVELOPMENT AGENCY WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, which enactment is presently codified in the Florida Statutes as Part III of Chapter 163, Florida Statutes, as amended from time to time (the "Act "); and WHEREAS, all powers arising through the Act are conferred by the Act upon counties with Home Rule Charters, which` counties in turn are authorized to delegate certain of such powers to a municipality and/or community redevelopment agency created pursuant to the Act; and WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida (the "Board ") has delegated community redevelopment powers to the City of Miami Beach in accordance with the provisions of the Act, including, among other things, the authority to create two community redevelopment agencies and the power to initiate, prepare and ado p t a redevelopment p lan, subject to approval b y the: and WHEREAS, certain redevelopment powers were not specifically delegated by the Board and were specifically reserved exclusively for exercise by the Board, specifically the power to determine an area to be a slum or blighted area, to grant final approval to community redevelopment plans and modifications thereof, to authorize the issuance of revenue bonds and the power to approve the development of community policing innovations; and . �y WHEREAS, on September 10, 2002, the voters of Miami -Dade County voted to amend the Home Rule Charter to rename the independent special taxing district, "The Children's Trust" and to authorize the levy of an ad valorem tax not to exceed one -half (1/2) mill for the purpose of "funding improvements to children's health, development and safety [and] promot[ing] parental and community responsibility for children;" and WHEREAS, the voters will be asked to renew this ad valorem levy in 2008; and WHEREAS, this ballot question received widespread support by the voters — sixty -six (66 %) percent of all voters, and a majority of all voters in each and every voting district; and WHEREAS, it is the clear intent of the voters that the revenue from this ad valorem tax be used by The Children's Trust for the good of children and their families in Miami -Dade County; and WHEREAS, this Commission of the City of desires to give full effect to the will of the voters — that the revenue from the one -half (1/2) mill be used by The Children's Trust for the good of Miami -Dade County's children and families; and WHEREAS, furthermore, Part III of Chapter 163 of Florida Statutes is not intended to apply, and therefore does not apply, to a special taxing district that came into existence after the creation of the community redevelopment agency a: nd/or trust fund; and WHEREAS, the City of community redevelopment agencies and/or their trust funds existed prior to the creation of The Children's Trust, which was created by the Board of County Commissioners through Ordinance No. 02 -247 with an effective date of December 13, 2002; and WHEREAS, therefore, with regard to the City of 's already existing community redevelopment agencies, Part III of Chapter 163 of Florida Statutes does not apply to The Children's Trust; and ��a -<. ��„ mss... + .m � � � � -�,_ -�� .: � .-r�,. �r,, , ,•. , � , � �;�_ �� , . WHEREAS, in order to ensure that the intent of the voters of Miami -Dade Count } is carried out expeditiously and without undue delay, it is appropriate that the City of Miami Beach in its sole discretion, exempt The Children's Trust, an independent special taxing district, from the provisions of Section 163387(2)(a); and WHEREAS, the exemption shall be granted in accordance with the provisions of Section 163.387(2)(d)(1) and shall be for the tern of collection of The Children's Trust ad valorem tax, including any extensions of this ad valorem tax levy which may be approved by the voters of Miami -Dade County; and WHEREAS, for already existing; community redevelopment "agencies, this exemption is not necessary because the Act does not apply to The Children's Trust, but. by acting in this fashion, the City of Miami Beach will resolve any ambiguities as to the applicability of the Act to The Children's Trust, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE MY OF MIAMI BEACH, FLORIDA: Section 1. The foregoing recitations are deemed true and correct and are hereby incorporated as apart of this resolution. Section 2. The Board of City Commissioners of hereby, in its sole discretion pursuant to §163.387(2)(d)(1), exempts The Children's Trust, an independent special taxing district, from the provisions of §163.387(2)(a), F.S. for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Mianu -Dade County. Section 3. This resolution is hereby declared to be for a public purpose and for the welfare of the "citizens of the City of and Miami -Dade County, Florida and shall be broadly construed to effectuate the purpose thereof. The foregoing resolution was offered by Commissioner who moved for its adoption. j (o :....:::... Ak: *- a e . From. Davis, Maria Sent: Wednesday, October 01, 2003 9:14 AM To: Mccants, James Cc: Boutsis, Eve Subject: FW: CRAs Miami -Dade Legislative Item File Number: 031997 File Number: 031997 File Type: Ordinance Status: Public Hearing Version: 0 Reference: Control: County Commission File Name :; CRA W/ REGARD COMMUNITY REDEVELOPMENT AND CHILDRENS TRUST Introduced: 6/30/2003 Requester: NONE Cost: Final Action: Agenda Date: 10/7/2003 Agenda Item Number: 4S Notes: Title: ORDINANCE RELATING TO ESTABLISHMENT OF POLICY FOR CONSIDERATION OF REQUESTS BY MUNICIPALITIES AND /OR COMMUNITY REDEVELOPMENT AGENCIES WITH `REGARD TO COMMUNITY REDEVELOPMENT; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Indexes: COMMUNITY DEVELOPMENT CHILDRENS'TRUST Sponsors: Natacha Seijas Sunset Provision: No Effective Date: ` Expiration Date Registered Lobbyist: None Listed Legislative History Board of County Commissioners 7/8/2003 13F Adopted on first reading 9/17/2003 P REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and Human Services Committee on July 16, 2003 at 10:00 a.m. a:a T',4 —fi FW7037 —.;$�.T.° Board of County Commissioners 718/2003 Scheduled for a public hearing Economic Development and Human Services Committee 9/17/2003 Legislative Text TITLE ORDINANCE RELATING TO ESTABLISHMENT OF POLICY FOR CONSIDERATION OF REQUESTS BY MUNICIPALITIES AND /OR COMMUNITY REDEVELOPMENT AGENCIES WITH REGARD TO COMMUNITY REDEVELOPMENT; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BODY WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, which enactment is presently ` codified in the Florida Statutes as Part III of Chapter 163, Florida Statutes, as amended from time to time (the "Act "); and WHEREAS all powers arising through the Act are conferred by the Act upon counties with Home Rule Charters, which counties in turn are authorized to delegate certain of such powers to 'a municipality and/or community redevelopment agency created pursuant to the Act; and WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida (the "Board ") has delegated community redevelopment powers to various municipalities in accordance with the provisions of the Act, including, among other things, the authority to create and appoint members to a community., redevelopment agency and the power to initiate, prepare and adopt a redevelopment plan, subject to approval by the Board; and WHEREAS, certain redevelopment powers were not specifically delegated by the Board and were specifically reserved exclusively for exercise by the Board, specifically the power to determine an area to be a slum or blighted area, to grant final approval to community redevelopment plans and modifications thereof, to authorize the issuance of revenue bonds and the power to approve the development of community policing innovations; and WHEREAS, from time to time, municipalities or community redevelopment agencies request the Board to take certain action as the local governing body that benefit the municipalities or community redevelopment agencies, or request that the Board create new tax increment districts within their municipal . boundaries to address instances of slum and blight; and WHEREAS, on September 10., 2002, the voters of Miami -Dade County voted to amend the Home Rule Charter to rename the !independent special taxing district, "The Children's Trust" and to authorize the levy of an ad valorem tax not to exceed one -half (1/2) mill for the purpose of, "funding improvements to children's health, development and safety [and] promoting] parental and community responsibility for children;" and WHEREAS, the voters will be asked to renew this ad valorem levy in 2008; and WHEREAS, this ballot question received' widespread support by voters -- sixty -six (66 %) percent of all voters; and a majority of all voters in each and every voting district; and WHEREAS, it is the clear intent of the voters that the revenue from this ad valorem tax be used by The Children's Trust for the good of children and their families in Miami -Dade County; and WHEREAS, this Board of County Commissioners desires to give full effect to the will of the voters - that the revenue from the one -half (1/2) mill be used by The Children's Trust for the good of Miami -Dade County's children and families; and WHEREAS, furthermore, Part III of Chapter 163 of Florida Statutes is not intended to apply, and therefore does not apply, to a special taxing district that came into existence after the creation of the community redevelopment agency and /or trust fund; and WHEREAS, most of the community redevelopment agencies and /or their trust funds existed prior to the creation of The Children's Trust, which was created by the Board of County Commissioners through Ordinance No. 02 -247 with an effective date of December 13, 2002; and WHEREAS, therefore, with regard to already existing community redevelopment .agencies., Part III of Chapter 163 of Florida Statutes does not apply to The Children's Trust; and WHEREAS, in order to ensure that the intent of the voters of Miami -Dade County is carried out expeditiously and without undue delay, it is necessary that municipalities in their sole discretion, exempt The Children's Trust, an independent special taxing district, from .the provisions of Section 163.387(2)(a) and WHEREAS, the exemption shall be granted in accordance with the provisions of Section 163.387(2)(d)(1) and shall be for the term of collection of The Children's Trust ad valorem tax, including any extensions of this ad valorem tax levy which may be approved by the voters of Miami -Dade County; and WHEREAS, for already existing community redevelopment agencies, this exemption is not necessary because the Act does not apply to The Children's Trust, but by acting in this fashion, municipalities will resolve any ambiguities as to the applicability of the Act to The Children's Trust; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA: Section 1. The foregoing recitations are hereby incorporated as a part of this ordinance. Section 2. This Board hereby finds that it is necessary to establish a policy by `which the Board will consider requests from municipalities or community redevelopment agencies created by municipalities, for certain actions by the Board pursuant to the provisions of the Act or lnterlocal Cooperation Agreement, ..n,T ....i . r„ .rs r.;.,.•, n ..,az',.e ,.. ,., ?r?a.?rs'.-,_ k* rr_--- -,,,,a. ., ^,.., '-r".a' a- -sir", ,use,- ;°P:�'..,mFg,. including but not limited to: 1) creation of new tax increment districts within their municipal boundaries; 2) approval of amendments to an Interlocal Cooperation Agreement: 3) approval of an annual budget for expenditure of monies on deposit in the Trust Fund; 4) amendments to the redevelopment plan; and /or 5) any other matter that requires the approval of the Board. This Board hereby finds that it is in best interest of the citizens of Miami -Dade County to require as a condition precedent to the Board's consideration of such municipal or agency requests that, such municipality, in its sole discretion pursuant to §163.387(2)(d)(1), F.S exempt The Children's Trust, an- independent special taxing district, from the provisions of Section 163.387(2)(a) for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami -Dade County. Section 3. For all community redevelopment agencies created by the Board after the establishment of The Children's Trust independent special taxing district, the Board hereby, in its sole discretion pursuant to §163.387(2)(d)(1), exempts The Children's Trust, an independent special taxing district, from the provisions of §163.387(2)(a), F. S. for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami -Dade County. Section 4. This ordinance is hereby declared to be for a public purpose and for the welfare of the citizens of Miami -Dade County, Florida and shall be broadly construed to effectuate the purpose thereof. Section 5. if any section, subsection, sentence, clause or'.provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 6. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami -Dade County. The sections of this ordinance may renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 7. This ordinance does not contain a sunset provision. Section 8. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Home Agendas I ;Minutes Legislative Search I Lobbyist Registration Legislative Reports 2003 BCC Meeting Calendar I Miami- Dade 'CountL Code of Ordinances Home' I Using Our Site I` About ( Phone Directory i Privac I Disclaimer __ " _1= .., .� - ,_'a,.-`""�. °' -.'aca "�, R Y .., t'';zm rz'S,°,[.*' "' y°�` ;1TI_4,�^; -T-M :,t:. A�,