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10-21-03CITY COMMISSION AGENDA City Commission Meeting Meeting date:- October 21, 2003 6130 Sunset Drive, South Miami; FL Next Regular Meeting Date: `November 4, 2003 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance =No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual °fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation (s) 7:00 p.m. 1.Sunset Tavern; 2 Parks and Recreation Department presenting certificates of appreciation re: the Grand Opening of the Multipurpose Center. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Sept. 9, and Sept. 16 2. City Manager's Report REGULAR CITY COMMISSION 1 AGENDA - October 21, 2003 r �xegy " ^,H':.�. 1 x °�"'" "��T,T^� � "°' �,i':� —+^ F..".i �F�^•xl^ 5?Y^ .5�`"?j,. South iami } All- America City � .4}Y^^. •4555 {.fir � i f CITY COMMISSION AGENDA City Commission Meeting Meeting date:- October 21, 2003 6130 Sunset Drive, South Miami; FL Next Regular Meeting Date: `November 4, 2003 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance =No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual °fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation (s) 7:00 p.m. 1.Sunset Tavern; 2 Parks and Recreation Department presenting certificates of appreciation re: the Grand Opening of the Multipurpose Center. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Sept. 9, and Sept. 16 2. City Manager's Report REGULAR CITY COMMISSION 1 AGENDA - October 21, 2003 r �xegy " ^,H':.�. 1 x °�"'" "��T,T^� � "°' �,i':� —+^ F..".i �F�^•xl^ 5?Y^ .5�`"?j,. 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT 4. A RESOLUTION_ OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF $842.16; CHARGING $842.16 TO ACCOUNT NO. 1500- 514 - 3450, OTHER CONTRACTUAL, SERVICES; PROVIDING AN EFFECTIVE DATE 3/5 (City Attorney) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES FOR MULLER MINTZ:, P.A., IN THE AMOUNT OF $2,255.47; CHARGING $2,255.47 TO ACCOUNT NO. 1500 -514- 3440, OTHER CONTRACTUAL; SERVICES - CONSULTING LABOR PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FTGUEREDO, P.A. IN THE AMOUNT OF $23,911.24; CHARGING $770.28 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY /FORECLOSURE; CHARGING $20,440.69 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $8;00 TO ACCOUNT' NO. 615- 1910 -521- 3100, PROFESSIONAL' SERVICES, FORFEITURES; AND CHARGING $2,692.27 TO ACCOUNT NO. 1500- 514 - 3452,' CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE'. 3/5 (City Attorney) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FUNDING OF CITY BOARDS, AUTHORIZING THE CITY MANAGER TO ALLOCATE $2,000 FOR THE COMMISSION FOR SENIOR - CITIZENS ACTIVITIES IN THE-2003/04 FISCAL YEAR, AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) REGULAR CITY COMMISSION 2 AGENDA - October 21, 2003 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL EVENT 'PROVIDED BY "SUNSET TAVERN" FOR AN ANNUAL HALLOWEEN BLOCK PARTY THAT WOULD BE HELD ON FRIDAY, OCTOBER 31,'2003, LOCATED ON SW 59TH AVENUE BETWEEN SW 72 STREET (SUNSET DRIVE_) AND SW 73pm STREET; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE DISBURSEMENT OF FY 2003 -04 FUNDS UP TO $56,020.00 FROM ACCOUNT #001- 2100 -519- 9910, ENTITLED "SPECIAL EVENTS" TO THE SAFE STREETS HALLOWEEN, SOUTH MIAMI ART FESTIVAL, RED SUNSET HOLIDAY EVENTS, ART EXPO, THE MARTIN LUTHER KING JR. PARADE, SANTA'S PARADE OF THE ELVES, CITY HOLIDAY EVENTS, FARMER'S MARKET, SOUTH MIAMI ARTS AND CRAFTS FESTIVAL, AND FOOTWORK'S FUN RUN, AND ACCOUNT' NUMBER 001 -1100- 511 -9910, ENTITLED "CONTRIBUTE /SPEC.EVENTS "- CITY COMMISSION, COMMUNITY RELATIONS BOARD, COMMISSION FOR WOMEN (JR. CFW),' AND THE HISTORIC' PRESERVATION BOARD; AND 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 AUTHORIZATION OF THE INTERIM CITY CLERK AS SIGNATORY IN CITY BANK ACCOUNTS; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 'FLOR'IDA, 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. (deferred from 10/7/03) 3/5 (City Manager) 12. 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. (deferred from 10/7/03) 3/5 (City Manager) REGULAR CITY COMMISSION 3 . AGENDA - October 21, 2003 '; "G,- ,„�+, -^h`f <, r ; r -r v r. _ ;-,' ". f` n,= z`".�,,�^x�' "' ; "w xF 13. 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. (deferred from 10/7/03) 3/5 (City Manager) 14 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2003 REAR STEER LOADER (KNUCKLEBOOM LOADER) AND A 2004 25 CUBIC YARD TRASH TRUCK, IN AN AMOUNT OF $170,095.51 TO BE CHARGED" TO PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS ACCOUNT NUMBER 0`1- 1720 -534- 4455; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 15 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 ORD.INANCE'S 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) RESOLUTION (S) /PUBLIC HEARING (S) None RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING PROPOSED MUNICIPAL BOUNDARY CHANGES BY ANNEXING THE UNINCORPORATED SOUTH MIAMI HIGH / MILLER ROAD AREA INTO THE CITY OF SOUTH MIAMI; AND REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY TO EFFECT BY ORDINANCE THE PROPOSED BOUNDARY CHANGES;; PROVIDING FOR AN EFFECTIVE DATE 3/5 REGULAR CITY COMMISSION 4 AGENDA - October 21, 2003 (City Manager) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2004 BUCKET TRUCK, IN AN AMOUNT OF $66,855.00 TO BE CHARGED TO PEOPLE'S TRANSPORTATION TAX FUND, LEASE PURCHASE - EQUIPMENT ACCOUNT NUMBER 114 - 1730 -541- 4455; PROVIDING FOR AN EFFECTIVE DATE.3 /5 (City Manager) ORDINANCE (S) FIRST READING (S) 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; CREATING'' ELECTION FORUM; PROVIDING GUIDELINES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE, 3/5 (`Commissioner McCrea) 19. AN ORDINANCE; OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6- 92- 1501, 17- 92- 1512A, 10 -95 1583, 18- 99- 1692,, 28 -00- 1730 -, 32- 01- .1763, AND 14-02- 1782 IN ORDER TO ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; AMENDING SECTION 11 -21 (C) ; AND 11 -23 (A) OF THE CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE SCHEDULE" RESPECTIVELY, AMENDING SPECIAL PICK -UP SERVICES FOR BULK TRASH; 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 REGULAR CITY COMMISSION 5 AGENDA - October 21, 2003 THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, -THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR ?COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW J: \My Documents \agenda \10.21.03.(:ioc REGULAR CITY COMMISSION AGENDA - October 21, 2003 1 2 3_ 4 5 6 7 8 _9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 City of South Miami IT Regular City Commission Minutes September 9, 2003 CALL TO ORDER: The City Commission of the City of South Miami,. Florida, met in regular session on Tuesday,; September 9, 2003 beginning at 7:41 p.m., in the City Commission Chambers, 613 -0 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell and Commissioners Randy G. Wiscombe, David D. Bethel and Dan McCrea. Also in attendance were: City Manager Maria V. Davis, City Attorney Luis Figueredo and City Clerk Ronetta Taylor. B. C. 25 D. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Invocation: Commissioner Bethel delivered the Invocation. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. Presentation (s) (None) City Manager's Report No report. City Attorney's Report No report, PUBLIC REMARKS (None) ITEMS (S) FOR THE CO,MMISSION'S CONSIDERATION: RESOLUTION(S) PUBLIC HEARING(S) RESOLUTION NO. 145 -03- 11695 L. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROPOSING A TENTATIVE ;PECIAL CITY COMMISSION - 1 1INUTES - September 9, 200:3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 MILLAGE AT 7.873 WHICH EXCEEDS THE ROLLBACK RATE BY 35.00% AND RESULTING IN 23.54% INCREASE IN PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2003/2004; PROVIDING FOR AN EFFECTVE DATE. (City Manager) 3/5 Moved by Mayor Feliu, seconded by Commissioners Bethel and Wiscombe to approve this resolution.' Ms Davis stated that following the direction from the Commission to bring the expenses in line, staff carefully considered cutting in areas which could be cut, before considering', any raise in taxes. We sat together with every department directors, Ms. Davis added, .and , went line item by line item, position by position. We were able to cut approximately $230,000 out of fine item expenditures' which are non - salary dollars. We started out this process by facing &$1.4 million deficit., which is a significant deficit for a small city such as South Miami After going through the painful process of cutting from every possible corner, we concluded that it was still necessary', to propose a 1.5 millage rate increase. One of the reasons! for the proposed increase is to be able to restore approximately $156`,000 in cash reserve, to bring it to approximately $800,000, where $l million is the minimum required by Charter. The proposed increase in millage rate, will also provide with the contingency fund of $100,000, which was barely funded over the last couple of years. The 1:5 increase in millage rate will allow the City to continue to provide the same level of service. Ms. Davis, at the request of the Commission, presented a revised budget based on a 1.0 millage, and went over in detail on some of the changes to be able to arrive at the 1.0 millage rate increase,' To Vice Mayor Russell's question on the use of forfeiture fund, Ms. Davis and Chief Watson explained that forfeiture funds may be used for crime prevention. Moved by Commissioner Wiscombe, seconded_ by Commissioner Bethel, the motion to adopt the 1.0 millage rate increase passed by a 4 -1 vote. Commissioner Bethel: Yea Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea: Nay Mayor Feliu: Yea Mayor >Feliu conveyed some ideas in order to generate revenue for the City, such as selling some City property which is not really serving any purpose. SPECIAL CITY COMMISSION 2 MINUTES - Septe ber 9, 2003 Mayor Feliu at this time proceeded to read a letter sent to him by resident Ms. Valerie Newman, who requested that her letter be read into record.. Ms. Newman started by saying that she was speaking neither as a member of the Budget Review Committee, nor as president of the Homeowners Association, but as a private citizen. In essence', Ms. Newman said to agree with Ms. Davis' proposed budget, with some exceptions, such as the police take - home cars. Ms. Newman also expressed concern about the morale in the Police Department, and urged to carefully consider the dismissal of numerous police officers. She also expressed criticism in reference to the 'Planning and Zoning Department. She praised the City Manager for eliminating the position'' of assistance city manager but at the same time urged to continue to utilize the valuable services of Mr. Orlando Martinez. She added that she will be happy to accept the proposed increase in order to keep the Police Department intact and also acquire needed equipment for the Public Works Department.. She concluded by urging to allow' Ms. Davis to continue to do her fine work. Commissioner McCrea inquired about the procedure to adopt the budget and the pay plan by ordinance, as opposed to adopt by resolution. Mr'. Oshikoya explained that even though the budget has been adopted by ordinance in the past, however amendments have been done by resolution, and that has been the course of action for the'past two to three years. Commissioner McCrea stated ,that an ordinance would be preferable since it would be more difficult to amend 'than 'a resolution. Mr. Fi'gueredo clarified that to be in compliance with the Charter,, an ordinance should be amended by _ordinance. At this point there are two options, to continue to amend by resolution in the future, or to adopt by ordinance and _ continue to 'amend, by ordinance in the future. Commissioner McCrea stated that even though the 'budget has passed by resolution, a special meeting could be called to correct the present procedure and adopt the budget by ordinance. Moved by Vice Mayor Russell, seconded by Commissioner Wiscomb:e and Mayor Feliu the motion to table this item passed by a 5 -0 vote. Commissioner Bethel: Yea Commissioner'Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea: Yea Mayor Feliu': Yea RESOLUTION NO. 146 -03 -11696 2. A' RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH' MIAMI, FLORIDA, ADOPTING A TENTATIVE SPECIAL CITY COMMISSION 3 MINUTES - September 9, -2003' 1 BUDGET OF- $13,631,768 AND PAY PLAN FOR THE 2003/2004 2 FISCAL YEAR; PROVIDING AN EFFECTIVE DATE. 3 (City Manager) 3/5 4 5 Moved by Mayor Feliu, seconded by Commissioners Wiscombe and 6 Bethel, the motion to adopt this resolution. 7 8 Ms. Davis at this time explained the reduction in 9 contribution to the CRA trust fund by the general fund does not 10 mean that she is not recommending a full time position for the 11 CRA. 12 13 At this time Mayor -Feliu opened the public hearing. 14 15 Mr. Dick Ward spoke in favor of the Snapper Creek annexation 16 and urged voters to exercise their right to vote and to consider 17 the advantages of joining a City such as South Miami where the 18 residents have an opportunity to present their points of view 19 before the 'Commission for their consideration. 20 21 Mr. Cal Rosenbaum spoke in favor of the proposed 1.5 millage 22 rate, and spoke in support of the police officers. 23 24 Ms. Velma 'Palmer spoke with concern regarding the financial 25 problems afflicting the City, and urged the Commission to be firm 26 in taking measures to bring the City back on the right track. 27 Ms. Palmer spoke against the increment in high level position for 28 some departments. 29 30 Mr. Philip Stoddard addressed the Commission by comparing 31 his tax bill with one from Pinecrest. Commissioner McCrea 32 thanked Mr. Stoddard for presenting his analysis and added that 33 they will look further into this issue but, nevertheless, it may 34 not be absolutely accurate to compare South Miami with Pinecrest 35 since their property values are higher and there are also other 36 factors to consider. 37 38 Ms. Yvonne Beckman praised Ms. Davis for the budget well 39 done and proceeded to present a comparison in expenditures she 40 prepared between the cities of South Miami and Pinecrest. 41 42 Mr. Mark Wood stated that as a business owner he knows that 43 cuts in expenditures are possible. He spoke with the concern that 44 any increase on his property taxes will impact what he will have 45 to pay to the County in the future. Commissioner McCrea reminded 46 Mr. Wood that homestead exempt properties are capped at three 47 percent increase per annum. 48 49 Mr. David Tucker Sr., as he normally does, spoke 50 philosophically about the budget and urged the Commission to find 51 simple ways for not so simple problems. 52 53 Mr. Craig, Sherar referred to the CRA to which, in his 54 opinion, is taking approximately $300,000 of the budget to run SPECIAL CITY COMMISSION 4 MINUTES - September 9, 2003 1 its program. Mr. Sherar also spoke against the police take home 2 cars. 3 4 Mr. Vick Hernandez referred to speedy cars driving through 5 his street and suggested to increase patrolling and to penalize 6 those who infringe the law, who by so doing put in danger the 7 lives of others. 8 9 Ms,. Lillian White spoke in favor of the local, small 10 merchants who may not be doing so well and who will need as much 11 help as the homeowners, and urged the Commission not to forget` 12 about downtown South Miami and the Red /Sunset Merchants 13 Association. 14 15 Mr. Anthony Hussein acknowledged the difficult task of 16 raising taxes and eliminating positions. However, Mr. Hussein 17 feels that the budget does not reflect all the necessary cuts 18 which in his view are needed in order to resolve the financial 19 difficulties the City is facing. 20 21 Mr. Lou Sellers referred to the increase in personnel for 22 the City which he thinks is not necessary since the population 23 has not increased accordingly. Mr. Sellers thinks that the budget 24 should have been further reduced. 25 26 Mr. David Fryer also referred to the increase in personnel 27 with concern. 28 29 Ms. Cathy McCann former mayor of the City of South Miami, 30 spoke as the chairperson of the Budget and Finance Committee. 31 Ms. McCann said to be pleased to hear Ms. Davis' recommendation 32 for the 1.0 millage rate increase. Ms. McCann referred to the 33 proposed three positions to be eliminated' and regretted that 34 there was no further information about it. Ms. McCann referred 35 to each individual department as to some unnecessary added 36 positions. 37 38 Ms. Davis stated that she did not feel it would be 39 appropriate to discuss publicly the issue of possible positions 40 being eliminated at this time when the final budget has not been 41 adopted. 42 43 Ms. McCann praised Commissioner McCrea for his request of 44 cost of services. She recommended that the sanitation method of 45 collecting and disposing garbage is not changed at this time 46 until further study is conducted. Also recommended that the City 47 eliminates the take -home cars for all employees, which will 48 result in $ 180,000 savings. Ms. McCann also recommended that the 49 City reviews the salaries of all positions with their functions. 50 She also spoke against the alarm fee for which she does not find 51 justification. 52 53 Ms. Davis addressed the Commission with some clarifications 54 at this time." Referring to the garbage collection, she stated SPECIAL CITY COMMISSION - 5 MINUTES — September 9, "2003 1 that the proposed automated system would eliminate four full -time 2 positions, and with the purchase of the vehicles, including the 3 debt service, there will still be approximately a $66,000 savings 4 per year. 5 6 About the take -home cars, Ms. Davis explained that it .needs 7 to be analyzed' further since there might be some legal issues 8 which need to be clarified,' as well as other issues relating to 9 an aged fleet. 10 11 In reference to the increase in personnel for the Human 12 Resource Department, Ms. Davis explained that as Federal and 13 State laws have changed dramatically, two people in that office 14 can hardly keep up with the volume of work. 15 16 Ms. Davis thanked Ms. McCann for all the assistance provided 17 by the Budget and Finance Committee, however, it will be 18_ impossible to continue to provide the services to the City at the 19 present' level with further cuts in personnel. 20 21 Ms. Sharon McCain questioned the sudden request in landscape 22 services from the Public Works Department. Ms. Davis explained 23 that in 2001 -02 the landscape division was part of the Parks, and 24 Recreation Department, and was not under Public Works. Also, the 25 increase of $10,000 in that budget is the maximum < to a grant 26 which the City received to restore Brewer's Park. Ms. McCain also 27 questioned the addition of one or two maintenance workers for the 28 Multipurpose Center. Ms. McCain also stated she feels the 29 projected !revenue for Code Enforcement could be increased. Ms 30 McCain 'also spoke against the take -home cars. She spoke in 31 favor of the position of director of Building,_ Zoning and 32 Community Development Department. 33 34 At the closing of the public hearing, Mayor Feliu thanked 35 everyone for their input and reiterated how much it is 36 appreciated. 37 38 After a five- minute break, the meeting reconvened. 39 40 Mayor Feliu referred to the take -home cars, .stating that he 41 would favor this measure over the elimination of personnel. Ms. 42 Davis reiterated that she needs to conduct an analysis to be able 43 to provide an educated recommendation to the Commission. 44 45 Commissioner Wiscombe stated that he would like to have a 46 report on the take -home cars as soon as possible in order to be 47 able to weight it against the elimination of positions. 4 >8 49 Vice Mayor Russell stated that she would like to wait for 50 the City Manager's report with respect to the possible legal 51 issues 'she has mentioned. 52 53 Ms. Davis stated she would have the report available a week 54 from this meeting. SPECIAL CITY COMMISSION 6 MINUTES - September 9, 2003 1 2 Vice Mayor Russell noted the importance of ,having the report 3 from Ms. Davis. 4 5 Vice Mayor Russell also urged Ms. Davis to have the pay plan 6 analysis finished before the end of the year, preferably before 7 Thanksgiving. Ms. Davis explained that to have the study 8 conducted professionally would cost approximately $20,000. Vice 9 Mayor Russell then replied that she would prefer to have it done 10 by staff. 11 12 Vice Mayor Russell then referred to her review of the 13 special events budget. She referred to the beginning balance in 14 2002 with $43,826 in seed funds; $71,000 in actual expenditures 15 for special events contributions; and $20,000 for the merchants. 16 She said to have cut back $50,000 for contributions to three -17 boards: Community Relations, Commission for Women and the 18 Historic Preservation.- Vice Mayor Russell named the following 19 events ;which she would 'like to keep in place: South Miami Arts 20 Festival, Safe Streets Halloween, Art Expo, MLK Parade, ;Santa's 21 Parade of the Elves, the Arts and Craft, and the Farmer's Market. 22 Vice Mayor Russell explained that the Farmer's Market had been 23 cut from $9,000 to $5,000 and asked Commissioner Wiscombe whether 24 he felt comfortable with the reduction. 25 26 Commissioner Wiscombe said he felt comfortable with the cut 27 for the Farmer's Market, and as a whole, he feels good about 28 being able to put money back into the City as the result of the 29 reductions in the special events budget. 30 31 Commissioner McCrea noted that some of these events could 32 probably pay their own way. Another important point to consider, 33 he added, would be to take the merchants into account' during 34 major street closing since they may be affected. Vice Mayor 35 Russell'; stated' that there is an ordinance in place for the street 36 closing and perhaps it should be revisited in the future. 37 Commissioner McCrea also noted the importance of having input 38 from the merchants on these 'special events. Commissioner McCrea 39 reminded the Commission the need to revisit issue related' to the 40 funds for the 2002 -03 Arts and Crafts Festival, which was 41 inadvertently taken out of the budget. 42 43 Commissioner Bethel spoke regarding the MLK Parade, which 44 needs to be better' organized -. All the Commissioners concurred 45 with Commissioner Bethel on this concern. Vice Mayor Russell 46 noted that perhaps a workshop should be scheduled` to discuss 47 this event. 48 49 Vine Mayor Russell recommended that the alarm registration 50 fee be 'eliminated since she does not feel it is necessary. Vice 51 Mayor Russell suggested that perhaps an independent collection 52 agency could do a more efficient job than our own staff in 53 collecting parking tickets. on the issue of the garbage 54 collection issue, Vice Mayor Russell spoke in favor of switching SPECIAL CITY COMMISSION MINUTES September 9, 2003 t, ':-y"' m--°-•�°..:_ .,,z._ ez:,st'�,,.-€--�5? ar a-�, 3.'? &.." 1 over to the automated system which would be more efficient, 2 cleaner and quieter, and also reduces manpower injuries and the 3 benefits as a whole are immense. she also referred ` to ' the 4 Building Department as the department for which she receives most 5 of the complaints, therefore, she feels that an overseer` of the 6 entire department might be beneficial. 7 8 Mayor Feliu referred to a study conducted approximately 9 three years ago, towards improving the performance of the above- 10 mentioned department, and Commissioner McCrea request a copy of 11 that study be provided to all the Commissioners for their review. 12 13 Moved by Commissioner McCrea at 11:00 p.m. the motion to 14 extend the meeting, seconded by Commissioner Wisaombe the motion 15 passed by 5 -0 vote. 16 17 Commissioner Bethel: Yea 18 Commissioner Wis.combe: Yea 19 Vice Mayor Russell: Yea 20 Commissioner McCrea: Yea 21 Mayor Feliu: Yea 22 23 Vice Mayor Russell stated that if the City Manager does not 24 feel comfortable with eliminating a position in the Human 25 Resource Department, then she would concur with management. 26 27 Vice Mayor Russell continued going through the list of 28 recommendations from the Budget and Finance Committee: On the 29 garbage system she said to be fifty percent in agreement. On the 30 police take -home cars she stated that the issue needed 'further 31 analysis and she would like to have a legal opinion before 32 formulating her own'. She continued' by 'noting that the ;general 33 fund is not going to be funding the CRA, and also noted the 34 savings of consolidating positions in the City Manager's office. 35 We have started the process of the pay plan review, she added. 36 The Vice Mayor feels that a position is needed in Building and 37 Zoning'to help with the communication process. Vice Mayor 38 Russell feels the proposed $100,000 in the contingency fund is 39 adequate, particularly so that the cash reserve is not disturbed, 40 and if it is not needed; it can simply be carried over. On the 41 alarm registration fee, Vice Mayor Russell reiterated that it is 42 not necessary. 43 44 Commissioner McCrea stated he concurs with the majority of 45 the Vice mayor's recommendations. He reiterated the importance 46 of reviewing the existing, study on the Building and Zoning 47 Department, and the need to simplify the code to some extent, by 48 taking the conflict out of the code. Commissioner McCrea stated 49 he did not ,agree with reducing the 'contingency amount. He also 50 urged to consider the difference of adopting 1.0 mill to 1.5 _51 mill. The 1.5 mill increase will allow to contribute to the cash 52 reserves. With the 1.0 mill there will be no contribution 53 possible, Ms. Davis clarified SPECIAL CITY COMMISSION MINUTES - September 9, 200:3 -- ::.i71';,m.:; 1 2 Vice Mayor Russell stated that even with the increase of 1.0 3 mill, they will continue, as promised, to look for other ;avenues 4 to restore the depleted cash reserves. 5 6 On the issue of the garbage system Commissioner Bethel 7 stated that he has had the opportunity to observe the new 8 equipment at work in the Grove and that it seems fast and 9 efficient. 10 11 Commissioner McCrea reminded everyone that history shows 12' that taxes do go up and down, they do not necessarily go up and 13 stay up. In reference to the alarm registration, Commissioner 14 McCrea stated he had been in touch with Mr. Orlando Martinez for 15 information on this issue. Commissioner McCrea then clarified 16 that the revenue was used to put in place a system which allows 17 the City to properly keep track of false alarms. Commissioner 18 McCrea stated that it is important to determine whether the 19 revenue is justified, and if it is not, then the fee should be 20 eliminated. 21 22 Mr. Martinez reiterated what Commissioner McCrea explained 23 above. He added that the `revenue 'is used to maintain registration 24 on an annual basis. Mr. Martinez explained that the new software 25 which the Commission recently approved will help in reducing the 26 burden imposed on the police force as a consequence of the false 27 alarms. 28 29 Commissioner Wiscombe stated he has faith in Ms. Davis. 30 However, he voted for the 1.0 mill increase because he has to 31 look after the interests of all the people who put him in that 32 position to represent them. About the issue of the take -home 33 cars, Commissioner Wiscombe feels it was a'good idea when the 34 City was able to afford" it. About implementing the new garbage 35 system, he thinks is a good idea, however, he is not so sure this 36 is the right year to do it. On special events, Commissioner 37 Wiscombe recalled that this used to be part of the Parks and 38 Recreation Department, and since it usually takes the personnel 39 in that department to get' involved, he favors the idea of 40 returning it to that department. With regards to the proposed 41 position to oversee' Planning and zoning, Commissioner Wiscombe 42 stated that the position was there before and nothing significant 43 happened, and does not think that a new layer of bureaucracy' is 44 needed to make the people do their job. He also added he has had 45 numerous complaints' about that department as well.' About the 46 collection of revenues and fines in occupational licenses, 47. Commissioner Wiscombe added, all is needed is to implement the 48 data with the date of expiration on a regular scheduling system 49 and it will come up on a daily basis. Commissioner Wiscombe 50 requested information from the City Manager on the transit tax, 51 to which Ms. Davis stated that the Public Works Director has 52 provided her with a, plan which she will be presenting it to the 53 Commission for discussion.' The Interlocal Agreement is done and 54 should be getting the funds shortly, Ms. Davis added. Vice Mayor SPECIAL CITY COMMISSION 9 MINUTES - September 9, 200:3 `r�-,s =. ,,• � _�� ,„„�.+� -+. :,icy+- ::- °�.�.*°, — r,, 7-a—.. - Wiz-; - .:�.� -��' 'hp -^- �;, w'"��. °�"�;t �`„'.�`_�,"""„ 6, ^a�,�,r. Russell reminded the Commission that the Miami -Dade League of cities participated in these negotiations, taking twenty percent off the top for each municipality to have some local control,_ making; it possible to have additional funds to work on sidewalks and street improvements. Commissioner Wiscombe insisted in the importance of moving this program along. Vice Mayor Russell mentioned a couple of issues which' were not addressed One is` adding an informational page itemizing grants and appropriations at the end of the budget; the other is, the interest on the Richman loan, and expressed concern with the fact that is not included in the budget, and since it is significant;, we need to make sure that it is addressed and that is brought back to this Commission by the next workshop, the vice Mayor added. Commissioner McCrea asked for clarification: on the interest figure mentioned above and Finance Director Oshikoya explained that what has been drawn out of the loan is approximately $3 million, out of which, $2.4 million has been lent to Mark Richman, and the balance has been spent on construction related fees. Mr'. Oshikoya will be bringing the information on the Richman loan to the next meeting. Mayor Feliu stated that the Planning and Zoning Department needs someone with expertise in administration. The Mayor spoke in favor of implementing a new garbage system. With respect to the police cars, provided' that no legal obstacles exist, he prefers this option over the one eliminating personnel Mayor Feliu reiterated his position on selling the property by the post office which is an eyesore, serves no purpose, and its _revenue could be used to replenish the cash reserves. An appraisal has been requested -on that property already, Ms. Davis`' explained. Vice Mayor Russell stated that the revenue obtained from the sale of that property should be deposited in a separate account and be used to reinvest in capital improvements Commissioner McCrea does not agree with the idea of selling the City's property by the post office, which he feels is an asset to the City and it could be well used with a little amount of creativity. Moved by Vice Mayor Russell, seconded by Commissioner Wiscombe and Mayor Feliu, the motion to table this item passed by a 5 -0 vote.', Commissioner' Bethel Yea Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea Yea Mayor Feliu: Yea SPECIAL CITY COMMISSION 10 MINUTES - September 9, 2003 1 2 At this time, " while Mr. Oshikoya adjusted the figures from 3 the proposed 1.5 mill increase to the adopted 1.0, Ms. Davis 4 proceeded to address the Commission, by going over some of the 5 recommendations conveyed by the Commission at tonight's meeting: 6 The alarm system, which the Commission would like to see some 7 type of justification for the charge; the automated garbage 8 system which the majority favors; the need for a Planning and 9 Zoning overseer -- Commissioner McCrea requested from Ms. Davis at 10 this point to factor in the position of the consultant in the 11 Planning and Zoning Department, versus a permanent position -; on 12 the contingency, the Commissioners reiterated their wish to leave 13 it at $100,000. 14 15 RESOLUTION NO. '145 -03 -11695 16 1 A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE 17 CITY OF SOUTH MIAMI, FLORIDA, PROPOSING A TENTATIVE 18 MILLAGE AT 7.873 7.373 WHICH EXCEEDS THE ROLLBACK RATE 19 BY 35.00% 26.42% AND RESULTING IN 23.54% 15.69% 20 INCREASE IN PROPERTY TAX RATE IN THE CITY OF SOUTH 21 MIAMI, FLORIDA, FOR THE FISCAL YEAR 2003/2004; 22 PROVIDING FOR AN EFFECTVE DATE. 23 (City Manager) 3/5, 24 25 Moved by Mayor Feliu, seconded by Commissioners Wiscombe 26 and Bethel the motion to approve this resolution as amended 27 passed by a 4 -1 vote. 28 29 Commissioner Bethel: Yea 30 Commissioner Wiscombe: Yea 31 Vice Mayor Russell: Yea 32 Commissioner McCrea: Nay 33 Mayor Feliu: Yea 34 - 35 RESOLUTION NO. 146 -03- 11696 36 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH" MIAMI, FLORIDA, ADOPTING A TENTATIVE 38 BUDGET OF 13 .. 6 i l y !7 8 $13,229,818 AND PAY PLAN FOR THE 39 2003/2004 FISCAL YEAR; PROVIDING AN EFFECTIVE DATE. 40 (City Manager) 3/5 41 42 Moved by Mayor Feliu, seconded by Commissioners Wiscombe and 43 Bethel the motion to approve this resolution as amended passed by 44 a 4 -1 vote: 45 46 Commissioner Bethel: Yea 47 Commissioner Wiscombe: Yea 48 Vice Mayor Russell: Yea 49 Commissioner McCrea: Nay 50 Mayor Feliu Yea 51 52 SPECIAL CITY COMMISSION 11 MINUTES September 9, 200:3 -tee ,."if. 1 2 3 COMMISSION REMARKS 4 5 6 Each Commission member was afforded" an opportunity for 7 comments. S 9 There, being no further business to come before this Body, 10 the meeting adjourned at 11 :50 p.m. 11 12 13 Approved: 14 15 Attest. 16 17 Horace G. Feliu` 18 Mayor 19 20 Maria M. Menendez 21 Interim City Clerk 22 SPECIAL CITY COMMISSION 12 MINUTES - September 9, 2003 DRAFT 1 ` City of South Miami 2 Regular City Commission Minutes 3 September 16 2003 4 5 CALL TO ORDER; 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, September 16, 2003, beginning at 9 7 :36 p.m., in the•City Commission Chambers, 6130 'Sunset Drive. 10 11 A. Roll Call 12 The following members of the City Commission were present: 13 Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell_ and 14 Commissioners David D. Bethel, Randy G. Wiscombe and Dan McCrea. 15 16 Also in attendance were: City Manager Maria V. Davis, City 17 Attorney Earl G. Gallop and City Clerk Ronetta Taylor. 18 19 B. Invocation: 20 Commissioner Bethel delivered the Invocation. 21 22 C. Pledge of Allegiance: 23 iThe Pledge of Allegiance was recited in unison. 24 25 D. Presentation(s) 7:00 p.m. 26 27 Mayor Feliu recognized the City Manager Selection Committee. 28 29 Ms. Lisa Truby was afforded the opportunity to speak on 30 behalf of Dr. Bruce Heiken Memorial Fund, thanking Commissioner 31 McCrea for his time and effort with this endeavor. 32 33 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 34 35 1. Approval of Minutes September 2, 2003 36 37 Moved by Vice Mayor Russell, seconded by Commissioner 38 Wiscombe'to approve the minutes as presented. 39 40 There being no further discussion the motion passed by a 5 -0 41 vote 42 43 Commissioner Wiscombe Yea 44 Vice Mayor Russell: Yea 45 Commissioner McCrea: Yea 46 Commissioner Bethel: Yea 47 Mayor Feliu Yea REGULAR CITY COMMISSION 1 MEETING September 16, 2003 1 2. City Manager's Report 2 3 Ms. Davis informed the Commission that the jurisdictional 4 issue between Miami -Dade County and the City has been resolved, 5 concerning sidewalks and pockets of South Miami and it has been 6 resolved that these are the responsibility of Miami -Dade County, 7 and that the County will also take care of sidewalk paving. In 8 addition, Ms. Davis noted that the 'construction of sidewalks on 9 SW 62nd Ave and SW 64th '_Court has taken longer to finish due to 10 the contractor's lack of performance. 11 12 Vice Mayor Russell requested and Mr. Balogun clarified that 13 when the 'improvements project is completed, the streets will 14 regain their residential character. 15 16 On the downtown infrastructure improvement, Ms. Davis 17 informed that construction is well underway, breaking for the 18 holidays and resuming it from March through June, 2004. 19 20 Vice Mayor Russell expressed concern about the lost trees on 21 account of the downtown' construction. Vice Mayor Russell 22 requested from staff to establish a policy in order to protect 23 the trees which must be removed so that they may be relocated and 24 preserved. 25 26 Ms. Davis proposed a tree protection ordinance, and 27 possibly, to develop a master plan relating to this issue. 28 29 Commissioner Wiscombe also expressed concern regarding the 30 lost trees, and also with regard to repair workers operating 31 early on a Sunday morning., Commissioner Wiscombe also requested 32 from Mr. Balogun to display renderings in City Hall premises, of 33 street improvements, for the benefit of the residents. Also 34 suggested to exhibit the project through Channel 5. Commissioner 35 Wiscombe asked Ms. Davis to approach the principal of Ludlam 36 Elementary in cases where the City needs to remove trees since 37 the school lost most trees as the result of Hurricane Andrew. 38 39 Ms. Davis will be providing the Commission with a list of 40 proposed candidates to form the RFP Review Committee relating to 41 legal services, for the Commission to review. Commissioner 42 Wiscombe requested that Ms. Davis specifies- each candidate's 43 position, as well as the city with which they would have an 44 affiliation. 45 46 After there were no further comments or questions for the 47 City Manager this report concluded`. 48 49 50 REGULAR CITY COMMISSION 2 MEETING - September 16, 2003 , 1 3. City Attorney's Report 2 3 Mr. Gallop reported in relation to the transfer of 4 jurisdiction of certain streets from the City to the County, as 5 the result of a recently adopted ordinance by the City of South 6 Miami. Mr'. Gallop conveyed to the Commission that the County has 7 finally accepted the transference of jurisdiction; therefore, the 8 tax revenue issue has been resolved. 9 10 Mr. Gallop informed that he is still awaiting on the 11 decision of the Bruce case, which will probably be resolved in a 12 week, 13 14 Mr. Gallop updated the Commission regarding the Feldman case 15 and also the Booby Trap case. Mr. Gallop proceeded to set up an 16 attorney- client meeting for Tuesday, September 23rd at 6:00 PM. 17 18 Mr. Gallop requested to move items 10 and 11 for city 19 attorneys' fees, from the Consent to the regular' agenda, 20 following the direction of the Finance Director. 21 22 After there were no further comments or questions for the 23 City Attorney this report concluded. 24 25 PUBLIC REMARKS 26 (5- minute limit) 27 28 Mr. David Tucker, Sr. reflected on his long 84 years of 29 life, and gave sound "advice to the Commission based' on his 30 experience obtained from ups and downs throughout his life. 31 32 Mr. Jack Thompson spoke against Attorney 'Bruce Rogow 33 representing the City, and noted that Mr. Rogow, even though is a 34 respectable family man, he "does not like the Constitution." 35 36 Mr.. Victor Arana spoke regarding the Mandelstam property 37 which he thinks is too high and which will not have adequate 38 parking spaces. 39 40 Ms. Yvonne Beckman also referred to the Mandelstam property. 41 Ms. Beckman stated that this project was done without receiving 42 input from the public whatsoever. Mayor Feliu acknowledged the 43 problem the City is having regarding the parking issue with this 44 property and assured everyone that the City is taking measures to 45 address this problem. 46 47 Commissioner Wiscombe requested that in the future, staff 48 consults with the City's legal counsel on any controversial issue 49 before issuing a permit. REGULAR CITY COMMISSION 3 MEETING September 16, 200;3 F111 7 1 2 Ms. Peggy Brodeur spoke regarding the Mandelstam property 3 recalling that whoever litigated the case for the City did not 4 respond within the thirty -day response time, therefore nothing 5 was done. Ms. Brodeur also pointed out that this project was 6 considered a "little addition" therefore no public hearing was 7 conducted. She added that the code needs to be revised to avoid 8 this type of problems in the future. She also urged` the 9 Commission to _look into the intent of the owner as to the 10 operation of the business. Ms. Brodeur thanked Commissioner 11 Wiscombe for his input on this matter, and also thanked Vice 12 Mayor Russell for her concern to save the trees. 13 14 Mr. Modesto Abety who is Chief Executive Officer of the 15 Children's Trust, spoke concerning funds for children's services 16 which come from taxes, and which was approved countywide by 17 taxpayers over a year ago. Mr. Abety stated that it was not the 18 intent of the taxpayers to share those funds with community 19 redevelopment agencies He said that these funds should be used 20 for the sole purpose of serving children and families'. Vine 21 Mayor Russell stated that this issue would be discussed at the 22 next CRA meeting. 23 24 Mr. Walter Harris referred to the recently failed effort to 2'5 - have Snapper Creek annexed to the City of South Miami. Also 26 inquired about the pension issue with former City Manager Charles 27 Scurr, and whether 'the ' monies have been allocated at all. Also 28 requested donation for the upcoming senior citizens' picnic for 29 mid November,' he said they will need approximately $2`,000.00 and 30 is asking the City for its cooperation. Commissioner Wiscombe 31 suggested calling South Miami Middle where they have a lot of 32 tables and chairs, in an 'effort to cut the cost. Also Mayor 33` Feliu and Vice Mayor Russell suggested that perhaps the 34 Commissioners may have some money with which to contribute from 35 their discretionary funds 36 37 Ms. Sharon McCain urged the Commission not to spend any more 38 money on legal fees on the Booby Trap issue. Ms. McCain said she 39 does not understand why the City has to pay for a First Amendment 40 lawyer when in fact the State should be defending the City. She 41 blamed the Planning and zoning staff for this issue. Ms. McCain 42 stated that there were over $100,000.00 in attorneys' fees on the 43 agenda tonight, to which Mr. Gallop responded stating that such -a 44 statement was incorrect and that in fact, the attorneys' fees are 45 way below - $100,000.00. 46 47 Ms. Yvonne Beckman, in reference to the RFP panel, stated 48 that she would like to see either some residents of South Miami 49 or at least include some other than attorneys. 50 REGULAR CITY COMMISSION 4 MEETING September 16, 2003 T., k� 1 Ms. Beth Schwartz agreed with Ms. McCain requesting that no 2 more money be spent on the Booby Trap case. Ms. Schwartz urged 3 the Commission to improve_ communication between the Planning 4 Board and the Commission so that the Commission will be kept 5 informed of submitted applications, ahead of a Planning Board 6 meeting. She also thanked Ms. Davis for proposing a tree 7 protection ordinance. She also referred to survey markings, and 8 construction related activity close to her property around SW 9 62nd Court and SW 62nd Avenue, and wanted to know whether there 10 are any plans for development in that area such as perhaps a 11 multi -level building. Mayor Fel'iu asked staff, and Mr. Youkilis 12 stated that although there are no submitted plans yet, the 13 Planning and Zoning department has met with the developer 14 expressing an interest in the construction of three- story 15 townhouses at the above- mentioned location by Ms. Schwartz. Mr. 16 Youkilis stated that the developer was informed that his project 17 will not be possible under the existing zoning ;,regulations and 18 that they would need to start by applying for a zone change. Mr. 19 Youkilis stated'' that since the area in reference is part' 'of the 20 proposed SW 62nd Avenue Charrette, the next step will be for the 21 Planning Board to hold a workshop on the Charrette sometime in 22 October, 2003. 23 24 Mr. Lou Sellers spoke in disagreement of the proposed 25 $1,000.00 timer intended for the City Commission meetings.'= 26 27 Mr. Walter Mitchel -1 read the requisitions given to him by 28 the Building Department for shutter installation, which he finds 29 excessive. Mr. Mitchell stated that, as an owner - builder, he did 30 not know that he had to be an engineer in order to install some 31 shutters in his home Commissioner McCrea noted that although 32 Mr. Mitchell may find the code regulations excessive, they are in 33 place for the purpose of protecting homeowners and their 34 respective properties. 35 36 Mr. Derrick Middlebrooks spoke regarding an incident which 37 took place on August 26, 2003, at 'which time he was 'detained on 38 the metro going northbound, based on the assumption that he fit 39 the profile of someone who had been involved in a shooting'in the 40 City of South Miami. Mr. Middlebrooks stated that there has been 41 little to no cooperation from the City of South Miami Police 42 Department. Also, Mr. Middlebrooks stated that at the time of 43 his release he requested the name of the officer present for 44 which he did not get a response. Mayor Feliu stated that Chief 45 Watson would take care of this complaint. The Chief informed the 46 Mayor that the case is under investigation therefore impe#ng him 47 to discuss this case at the present time. 48 49 At this time Mayor -Feliu closed the public remarks session. REGULAR CITY COMMISSION 5 MEETING - September 16, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Moved by Commissioner McCrea and seconded by Commissioner Bethel to move' items 10 and 11 from the ` original consent to the regular agenda, the motion passed by a 4 -0 vote.` Commissioner Wiscombe: Yea Vice Mayor Russell: Out of the room Commissioner' McCrea Yea Commissioner Bethel Yea Mayor Feliu Yea Moved by Commissioner McCrea and seconded by Mayor - Feliu, to add to the Agenda, a resolution appointing an interim city clerk, placing it between items 23 and 24, the motion passed by a 5 -0 vote, Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea Yea Commissioner Bethel: Yea Mayor Feliu Yea CONSENT RESOLUTON NO. 147 -03 -11697 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANTS FY 2003/05, IN THE AMOUNT OF $20,714 FOR THE PURPOSE OF ENHANCING THE CRIME SUPRESSION TEAM FOR THE POLICE DEPARTMENT; TO DESIGNATE; AND TRANSFER $2,302 FROM THE POLICE FEDERAL FORFEITURE` OPERATING ACCOUNT #615- 1910- 5210 -6430 TO THE POLICE FEDERAL FORFEITURE OVERTIME ACCOUNT #615- 1910- 521 -1410 AS MATCHING FUNDS, AS REQUIRED BY THE GRANT; DIRECTINT THE FINANCE DIRECTOR TO SET UP A SPECIAL ACCOUNT NUMBER FOR THE GRANT; AND 'PROVIDING FOR AN EFFECTIVE DATE. 3/5' (City Manager) RESOLUTION NO. 148-03-11698 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY' MANAGER TO ENTER INTO AN AGREEMENT WITH FORMER K -9 OFFICER RICHARD MUNOZ TO PURCHASE AND ASSUME FULL' LIABILITY FOR RETIRED K -9 BUSTER FOR THE SUM OF $1.00 AND PROVIDING AN EFFECTIVE DATE, (City Manager) 3/5 REGULAR CITY COMMISSION 6 MEETING September 16, 2003 1" RESOLUTION NO. 149 -03 -11699 2 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 OFFICER SAM 5 VELEZ TO PURCHASE AND ASSUME FULL LIABILITY FOR RETIRED 6 K -9 NARCO FOR THE `'SUM OF $1.00; AND PROVIDING FOR AN 7 EFFECTIVE DATE. 3/5 8 (City Manager) 9 10 RESOLUTION NO. 150 -03- 11700 11 7. A RESOLUTION OF THE MAYOR'- AND "CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 13 MANAGER TO ENTER INTO AN AGREEMENT WITH K -9 .OFFICER 14 NORMA WATERMAN TO PURCHASE AND ASSUME 'FULL LIABILITY 15 FOR K -9 BRONCO FOR THE SUM OF $1.00 AND PROVIDE AN 16 EFFECTIVE DATE. 3/5 17 (City Manager) 18 19 RESOLUTION NO. 151 -0 3- 11701 20 8. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA,, AUTHORIZING THE CITY 22 MANAGER TO ENTER INTO AN 'AGREEMENT WITH K -9 OFFICER' 23 NORMA WATERMAN; TO PURCHASE AND ASSUME FULL LIABILITY 24 FOR K -9 WILKO FOR THE SUM OF $1.00 - AND - 'PROVIDE AN 25 EFFECTIVE DATE: 3/5 26 (City Manager) 27 28 RESOLUTION NO. 152 -03 -11702 29 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3`0 CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE ATTACHED 31 PERSONAL PROPERTY LISTING AS "SURPLUS" BY THE CITY 32 COMMISSION- AND AUTHORIZING THE CITY MANAGER TO (A) 33 ENTER INTO` A CONTRACT (B) WITH 'FISHER AUCTION CO. INC. 34 (C) IN AN AMOUNT NOT TO EXCEED $1,600.00 FOR MARKETING 35 AND ADMINISTRATION SERVICES' ASSOCIATED WITH THE CITY'S 36 AUCTION AND CHARGING THE DISBURSEMENTS TO THE ,CITY'S 37 UPCOMING AUCTION TO BE PAID FROM THE AUCTION'S 38 PROCEEDS, ACCOUNT NUMBER 001- 0000 - 369.9201 TITLED 39 "MISCE'LLANEOUS REVENUE ACCOUNT-; AND PROVIDING FOR AN 40 EFFECTIVE DATE: 3/5 41 (City Manager) 42 43 - RESOLUTION NO. 153 -03 -11703 44 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMPLIANCE 46 WITH GASB 34, AUTHORIZING THE CITY MANAGER TO ENTER 47 INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES 48 FOR AN AMOUNT NOT TO EXCEED $222,500.00 FOR THE FEES REGULAR CITY COMMISSION MEETING September 16, 2003 1 ASSOCIATED WITH PERFORMING VALUATION OF' CITY IPROPERTIES 2 AND PREPARING APPRAISAL VALUATION REPORT AND 3 ACQUISITION OF ASSET MANAGEMENT SOFTWARE; CHARGING AN 4 AMOUNT NOT EXCEEDING $17,500.00 TO ACCOUNT NUMBER 001 5 2100 -519- 3450,; TITLED NON DEPARTMENT CONTRACTUAL' 6 ACCOUNT AND $5,000.00 TO ACCOUNT NUMBER 001- 0000 7 219.5300, TITLED ESCROW COMPUTER NETWORK; AND PROVIDING 8 FOR AN EFFECTIVE DATE. 3/5 9 (City Manager) 10 11 RESOLUTION NO 154 -03- 11704 12 11 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 14 MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE 15 COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE'LUDLAM 16 GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED 17 $37,506; PROVIDING FOR AN EFFECTIVE DATE 3/5 18 (City Manager) 19 20 RESOLUTION NO. 155 -03- 11705 21 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA, MODIFYING RESOLUTION NO. 23 27- 03- 1157`6 RELATED TO SPECIAL EVENTS, IN ORDER TO 24 REVISE A POLICY RELATED TO REQUIRING A SIGNATURE 25 PETITION FROM BUSINESSES IMPACTED BY A SPECIAL, EVENT;' 26 PROVIDING AN EFFECTIVE DATE. 3/5, 27 (Mayor Feliu) 28 29 Moved by Vice Mayor "Russell, seconded by Commissioners 30 McCrea and Wiscombe to approve the Consent Agenda. 31 32 There being no discussion the motion to approve the Consent 33 Agenda passed by a 5 -0 vote. 34 35 Commissioner Wiscombe: Yea 36 Vice Mayor Russell: Yea 37 Commissioner McCrea: Yea 38 Commissioner Bethel Yea 39 Mayor Feliu Yea 40 41 ORDINANCE` (S)' SECOND READING PUBLIC HEARING (S) 42 None 43 44 RESOLUTION (S) /PUBLIC HEARING (S) 45 46 RESOLUTION NO. 156 -03- 11706 47 13. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 48 OF SOUTH MIAMI, FLORIDA, RELATING TO A' REQUEST FOR A REGULAR CITY COMMISSION 8 MEETING - September 16, 2003 VARIANCE FROM SECTION 20- 3.`5(F) OF THE LAND DEVELOPMENT CODE TO ALLOW THE MIMIMUM SIZE OF A BUILDING SITE TO BE 13,400 ,SQUARE FEET, WHERE A MINIMUM OF 15,000 SQUARE FEET I'S REQUIRED, ON PROPERTY WITHIN AN "RM -24" MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL USE DISTRICT, MORE SPECIFICALLY LOCATED AT 5864 SW 74 TERRACE, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT 3, BLOCK 2,, "FAIRGLADE MANOR" PLAT BOOK 45 PAGE 79; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF SEVEN UNIT MULTI - FAMILY RESIDENTIAL BUILDING); AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (City Manager) Moved' by _Vice Mayor' Russell, seconded by Commissioner Bethel to approve this resolution. Before the discussion on this item began, Mr. Gallop reminded the Commission that this item deals with an application for development permit, therefore requiring the Commission to regard this matter pursuant to a quasi- judicial hearing for which the City has established procedures. At this time Mr. Gallop proceeded to swear in everyone giving evidence on this item. Mr. Youkilis explained the nature of the submitted application for a variance, in order to build a seven -unit apartment building, at 5864 SW 74t" Terrace. The reason for the request is that the minimum size of a site required by code is 15,000 square feet, and the subject property is 13,400 square feet. Mr. Youkilis stated that this request is unique and will not apply to any other property. Mr. Youkilis` added that on August 26, 2003, the Planning Board unanimously recommended approval of this variance request. Commissioner McCrea inquired, and Mr. Youkilis responded that the applicant meets every other requirement dictated by code, including setbacks. Mayor Feliu inquired, and Mr. Youkilis responded that the proposed apartment building will be surrounded by higher existing buildings. Mr. Tucker Gibbs -, representing the applicant, reiterated the hardship mentioned by Mr: Youkilis, adding that the staff report essentially outlines the purpose of the applicant's request. Ms. Sharon McCain addressed the Commission by stating that she attended the Planning Board meeting when this item was REGULAR CITY COMMI,SION 9 MEETING September 16, 200: 1 discussed, and as the Board's minutes reflect, there was no 2 objection other than failing to pull permits for certain things 3 which were rectified. Ms. McCain also referred to the ongoing 4 construction on SW 59' "' Place, stating that during the day there 5 are cars parked all over the place, even though vacant parking 6 meters can be found. Also, Ms. McCain referred to the oak 7 trees at the 7440 SW 59"' Place, claiming, that they were not 8 depicted in the project's plan, and that the trees were 9 removed. Mayor Feliu reminded Ms. McCain that this item was not 10 being discussed at this time, however, he reassured' Ms McCain 11 that he would ask staff to follow up on` this ` issue. 12 13 Mr. David Tucker, Sr. referred to the difference of 1,600 14 square feet as significant, particularly when the site. is 15 situated in a residential district, therefore he considers his 16 a sensitive issue, urging the Commission to keep in mind the 17 residential character of the neighborhood when making a 18 decision.' 19 20 Mr. Merker spoke > with concern about the increase in 21 requests for variance, however, in this instance he 'agrees with 22 the project, 23 24 At this point` the Mayor closed the public hearing. Mayor 25 Feliu' spoke cautiously in favor of the application for 26 variance,- adding that the only issue would be the increase in 27 density but nevertheless, that the proposed project complies 28 with the surrounding neighborhood and also the height is well 29 below the height of the surrounding buildings. 30 31 There being no further discussion the motion' to approve 32 this resolution passed by a 5 -0 vote. 33 34 Commissioner Wiscombe: Yea 35 Vice Mayor Russell Yea 36 Commissioner McCrea: Yea 37 Commissioner Bethel Yea 38 Mayor Feliu: Yea 39 40 41 RESOLUTION (S) 42 43 RESOLUTION NO. 157 -03- 11707 44 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTING A 46 CONTRACT WITH` STROYNE BROS. SOUTH, INC. FOR THE_ 47 PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, 48 PROVIDING AN EFFECTIVE DATE`. 3/5 49 (City Manager) REGULAR CITY COMMI sSION 1 MEETING September 16, 2003 l 2 Moved by Vice Mayor Russell, seconded by Commissioners 3 Wiscombe and Bethel to approve this resolution; 4 5 Ms. Davis stated that staff had convened a committee to 6 negotiate a contract with Stroyne Bros., consisting of Eve 7 Boutsis, Assistant City, Manager Orlando Martinez; and Vice Mayor 8 Russell. Ms. Davis informed "that most changes noted in the 9 contract were due to typographical errors, except for a provision 10` incorporated into the contract to the effect that the meters 11 belong to the City. 12 13 Vice Mayor Russell referred' to the contract changes she had 14 recommended as follows all meters shall at all times remain the 15 property of the city (page 2 of 19, sec 2.2) ; ...purchase orders 16 not to exceed $5,000 (page 13 of 19, sec. 22.4); enforcement only 17 until 10:3 <0 p.m. (page 16 of 19) ; and, The city shall; receive 18 monthly copies of all meter repair records (page 18 of 19) 19 20 Commissioner McCrea thanked the Vice Mayor for the fine, 21 detailed' work. Commissioner Wiscombe requested that in the 22 future all members' are notified, in cases of changes in language 23 on a 'contract. Ms Davis assumed responsibility ,for the 24 oversight of notifying all the Commissioner's in a timely 25 fashion 26 27 There being no further' discussion the motion to 'approve the 28 resolution passed by a "5 -0 vote. 29 30 Commissioner Wiscombe: Yea 31 Vice Mayor Russell:_ Yea 32 Commissioner McCrea: Yea 33 Commissioner Bethel': Yea" 34 Mayor Fe'liu: yea 35 36 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION' OF THE 37 CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO CITY 38 COMMISSION MEETING DECORUM AUTHORIZING THE CITY 39 MANAGER TO PURCHASE LIMITIMER PRO- 1000; FUNDS TO BE 40 DISBURSED FROM THE CASH RESERVE; PROVIDING AN EFFECTIVE 41 DATE. 4/5 42 (Commissioner McCrea) 43 44 Moved by Commissioner McCrea, seconded by Vice Mayor 45 Russell to approve this resolution. 46 47 Ms. Davis stated that the funds should come from the City 48 Manager's budget and not from cash reserve and that this was an 49 error due to miscommunication with the Finance Department. 50 REGULAR CITY C'CMMISSION 11 MEETING September 16, 2003 a 1 Commissioner McCrea expressed appreciation to both Mr. 2 Sellers' and Mr.! Tucker's comments regarding decorum. 3 Commissioner McCrea explained that the purpose of acquiring the 4 proposed meter is to simplify the task of timing' speakers. The 5 proposed Limitmer< Pro -1000 was highly recommended by the 6 Florida Association of City Clerks which conducted a survey, per 7 the request of Ms. Taylor. 8 9' Mayor Feliu stated that he prefers to provide a less rigid 10 atmosphere for the speakers, and respectfully declined to favor 11 this proposal. 12 13 Commissioner Wiscombe concurred with Mayor Feliu, on the 14 decision to decline, stating that such a formal device would 15 diminish the personal quality that the Commission wishes to 16 portray. 17 18 Vice Mayor Russell stated that the proposed timer reminds 19 her of golden hammers, therefore she feels is not an absolute 20 necessity at the present time. 21 22 Commissioner Bethel stated that he does not feel the 23 proposed timer is needed since in most cases not too many 24 speakers show up 25 26 There being no further discussion the motion to approve 27 this resolution failed by a 1 -4 vote. 28 29 Commissioner McCrea: Yea 30 Commissioner Wiscombe Nay 31 Vice Mayor Russell: Nay 32 Commissioner Bethel: Nay 33 Mayor Feliu: Nay 34 35 Resolution No. 158 -03- 11708 36 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING FTAA'S EFFORTS 38 TO PROMOTE MIAMI AS THE NATURAL LOCATION FOR THE 39 PERMANENT 'SECRETARIAT OF THE FREE TRADE AREA OF THE 40 AMERICAS; PROVIDING AN EFFECTIVE DATE. 3/5 41 (Vice Mayor Russell) 42 43 Moved by Vice Mayor Russell and seconded by Commissioner 44 McCrea, to approve this resolution. 45 46 Vice Mayor Russell stated that having the Secretariat in 47 Miami would be very beneficial to our local economy, and she 48 feels that Miami provides the right infrastructure for it. The 49 Vice Mayor added that Miami -Dade League of Cities supports the REGULAR CITY COMMISSION 12 MEETING - September 16, 2001 RF -- ^rv:-a- 1 proposal and that she would like to see the City of South Miami 2 support it as well 3 4 Mayor Feliu, referring to Vice Mayor Russell as the "soon 5 to be president of the Miami -Dade League of Cities, concurred 6 with the Vice Mayor stating that it is a great idea to have the 7 Secretariat of the Free Trade Area of the Americas based here in 8 Miami 9 10 Commissioner Wiscombe expressed some concern due to the 11 fact that he feels this is a very controversial issue, and he 12 questioned whether this endorsement would create more problems 13 by inviting more protestors and things of that nature, and he 14 referred to incidents related to the trade issue which happened 15 in Seattle and Washington.' Vice 'Mayor Russell agreed with 16 Commissioner Wiscombe, however, she feels that incidents 'related 17 to''the trade issue may arise anyway` and that what we need is to 18 be prepared and invited the City Manager to speak on this issue. 19 20 Ms. Davis explained that the South Miami Police staff has 21 been attending meetings for the past several months with Miami- 22 Dade County in anticipation for this, and she added that South 23 Miami will be helping' Miami -Dade County with equipment and 24 labor. 25 26 Commissioner McCrea cautiously expressed support for this 27 proposal, sharing the concerns of Commissioner' Wiscombe 28 However, Commissioner McCrea stated that as a whole this would 29 be a positive thing 'for 'the area and also full of prestige. The 30 Commissioner urged everyone to be informed and to get involved 31 about the process, concluding with his support for the proposal 32 Commissioner. McCrea also requested from staff to bring to the 33 attention of the Commission any efforts involving the City in 34 the process. 35 36 There being no further discussion, the motion to approve 37 the resolution passed by a 5 -0 vote. 38 39 Commissioner Wiscombe: Yea 40 Vice Mayor Russell: Yea' 41 Commissioner McCrea: Yea 42 Commissioner Bethel: Yea 43 Mayor Feliu: Yea 44 45 46 17. A` RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 47 CITY OF -SOUTH MIAMI„ FLORIDA, RELATING TO LEGAL 48 SERVICES; AUTHORIZING THE FINANCE DIRECTOR TO ISSUE 49 PAYMENT OF A RETAINER FEE OF $10,000' FROM THE CASH REGULAR CITY COMMISSION 13 MEETING - September 16, 2003 1 RESERVE FUND TO RETAIN BRUCE S. ROGOW, P.A. PROVIDING 2 AN EFFECTIVE DATE 4/5 3 (City Attorney) 4 5 Moved by ;Commissioner McCrea, seconded by Commissioner 6 Bethel to approve this resolution. 7 8 Mr. Gallop explained to the Commission' the reason for 9 requesting to retain Bruce S. Rogow due' to the singularity of 10 the case which relates to the First Amendment, therefore 11 requiring specialized legal services and careful attention to 12 the evidence. Mr. Gallop added that he is recommending Mr. Rogow 13 as the finest, First Amendment attorney, not only in this County 14 but in the entire State of Florida. 15 16 Mayor Feliu expressed concern as to the State Attorney 17 General not providing assistance to the City on this issue. 18 19 Vice Mayor Russell stated she would like to have an 20 opportunity to discuss this issue at an attorney- client session 21 and get a sense that we are going to win, 'before deciding on 22 this expenditure,. 23 24 Commissioner McCrea concurred with Vice Mayor Russell, 25 adding that the $375. per hour fee for Mr. Rogow, - although it 26 may seem `excessive, it is still below market. Commissioner 27 McCrea` spoke to the president of the ACLU to learn that they 28 have had to pay $550. per hour for Mr. Rogow's' legal services. 29 Commissioner McCrea stated that in his view, retaining Mr. Rogow 30 would be an excellent choice, adding that Mr. Rogow, with his 31 expertise, will be able to help the City in making the code a 32 sound one. 33 34 Commissioner Wiscombe expressed concern for the financial 35 burden that this would add to the City and feels the proposal 36 should be deferred. 37 38 Moved by Vice Mayor Russell, seconded by Commissioner 39 Wiscombe to defer this resolution, the 'motion passed by a 5 -0 40 vote. 41 42 Commissioner Wiscombe: Yea 43 Vice Mayor Russell: Yea 44 Commissioner McCrea Yea 45 Commissioner Bethel: Yea 46 Mayor Feliu Yea 47 48 49 Moved by Vice Mayor Russell, seconded by Commissioner 50 Bethel to approve the resolution. REGULAR CITY COMMISSION 14 MEETING September 16, 2003 m r, 3 1 2 3 Resolution No, 159 -03 -11709 4 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 6 THE CITY MANAGER TO EXECUTE AGREEMENT WITH T.J. 7 PAVEMENT, CORP. FOR STORMWATER RETROFIT IMPROVEMENTS - 8 PHASE 1 CONSTRUCTION AT AN AMOUNT OF $145,685.00 TO BE 9 CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT 10 GRANT PUBLIC WORKS DEPATMENT CONSTRUCTION CONTRACTUAL 11 SERVICES AND THE CITY'S LOCAL OPTION GAS TAX (FY 12 2002/03 & "2003/04); ACCOUNT NUMBERS 001- 0000- 132 - 20601 13 001 - 1790 -519 -3450 AND 112- 1730= 541 -4640; PROVIDING FOR 14 AN EFFECTIVE DATE. 3/5 15 (City Manager) 16 17 Moved by Vice -Mayor Russell,, seconded by Commissioner Bethel 18 and Wiscombe to approve this resolution. 19 20 Mr. Balogun presented the request,, relating to an agreement 21 with T.J. Pavement, Corp. for stormwater retrofit improvements. 22 After careful evaluation of the nine bids submitted, the engineer 23 of record (C3TS), has recommended T.J. Pavement to perform the 24 work. 25 Mayor Feliu congratulated Mr. Balogun for the fine work and 26 also asked to convey his thanks to Mr. Greg Perry who had 27 recently been able to help a resident with a drainage problem. 28 29 There being no further discussion, the motion to approve 30 the resolution passed by a 4 -0 vote. 31 32 Commissioner Wiscombe: Yea 33 Vice Mayor Russell: Yea 34 Commissioner McCrea Out of the room 35 Commissioner Bethel: Yea 36 Mayor Feliu: Yea 37 38 Resolution No. 160 -03 -11710 39 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE 40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT 41 CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY 42 MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT 43 CORP. FOR AN AMOUNT OF $9,000 AND WITH DISBURSEMENT TO 44 COME FROM PUBLIC WORKS DEPARTMENT'S MAINTENANCE & 45 REPAIR - STREET & PARKWAY ACCOUNT NUMBER 001- 1730 -541- 46 4640; PROVIDING AN EFFECTIVE DATE. 3/5 47 (City Manager) 48 REGULAR CITY COMMISSION 15' MEETING September 16, 2003 1 Moved by Vice -Mayor Russell, seconded by Commissioner 2 Bethel to approve this resolution. 3 4 Mr. Balogun presented this item, relating to a contract to 5 repair sidewalks which need immediate repair to >avoid potential 6 hazard. Mr. Balogun explained that the Public Works Department 7 is recommending piggybacking on the City's current contract with 8 T.J. Pavement for the Downtown Drainage & Water Main 9 Improvements project. 10 11 Mr. Balogun clarified for Vice Mayor Russell that concrete 12 rather than asphalt will be used to repair the sidewalks 13 14 There being no further discussion, the motion to approve 15 this resolution passed by a 4 -0 vote. 16 17 Commissioner'Wiscombe: Yea 18 Vice Mayor Russell Yea 19 Commissioner McCrea: Out of the room 20 Commissioner Bethel: Yea 21 Mayor Feliu`; Yea 22 23 24 Resolution No. 161 -03 -11711 25 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI,` RELATING TO PERSONNE MATTERS 27 AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT 28 AGREEMENT WITH PEA BARGAINING UNIT TO SATISFY AN UNFAIR 29 LABOR PRACTICE CLAIM AND REINSTATE OFFICER JEFFREY. 30 GRIFFIN BACK TO SERGEANT RANK, AND AUTHORIZING PAYMENT 31 OF RETROACTIVE PAY FROM ACCOUNT NUMBER 01- 1910- 521 -1210 32 IN THE AMOUNT OF $4,000 DOLLARS ", PROVIDING AN EFFECTIVE 33 DATE. 4/5 34 (City Manager) 35 Moved by Vice Mayor Russell, seconded by Commissioner 36 Bethel to approve this resolution. 37 38 Ms. Davis noted for the records, that the police salary 39 account will be used for the above settlement. Ms. Davis 40 explained that after the labor counsel looked at this case very 41 closely, it was determined that this is the 'best resolution for 42 the City. The amount of retroactive pay is not to exceed $4,000. 43 44 Vice Mayor Russell requested the correct account number 45 from staff in order to amend this item. 46 47 Moved by Vice Mayor Russell;, seconded by Commissioner 48' Bethel to table this item, the motion passed by a 5 -0` vote. 49 REGULAR CITY COMMISSION 16 MEETING, September 16, 2003 1 2_ 3 4 5 6 7 8 9 10 11 12 13 14 15` 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38. 39 40 41 42 43 44 45 46 47 48 Commissioner`Wiscombe: Yea Vice Mayor Russell; Yea Commissioner McCrea: Yea Commissioner Bethel: Yea Mayor Feliu Yea Resolution No. 162 -03 -11712 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY CLERK; ACCEPTING THE RESIGNATION OF RONETTA TAYLOR; PROVIDING AN EFFECTIVE DATE 3/5 (Mayor Feliu) Moved by Commissioner McCrea, seconded by Mayor Feliu to approve this resolution. The Mayor, Vice Mayor and Commissioners all spoke highly of Ms. Taylor's work with the City in her capacity as City Clerk. Ms. Taylor said to the Commissioners that it was really difficult to say goodbye after eight years. Ms. Taylor humorously added that the `express way', will miss her, that she will miss all five 'bosses and now she will have seven in her new position with the City of Miami Gardens. Ms. Davis also thanked Ms. Taylor for all her help and wished her the best. Mr. Gallop also praised Ms. Taylor for the good work, her great organizational skills, and best of all, she stays out of politics, Mr. Gallop added. There being no further discussion, the motion to approve the resolution passed by a 5 -0 vote, Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea: Yea Commissioner Bethel:, Yea Mayor Feliu Yea Resolution No. 163 -03 -11713 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH" MIAMI, FLORIDA, RELATING TO THE CITY CLERK;. APPOINTING MARIA M. MENENDEZ AS ACTING CITY CLERK ON AN INTERIM BASIS UNTIL A PERMANENT CITY CLERK REGULAR CITY COMMISSION 17 MEETING September 16 2003 -1 I5 APPOINTED; PROVIDING FOR COMPENSATION AND PAY GRADE 2 ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. 3/5 3 (Commissioner McCrea) 4 5 Moved by Commissioner McCrea, seconded by Mayor Feliu to 6 approve this resolution. 7 8 Commissioner McCrea noted that the Sunshine Law makes, it 9 difficult for the Commission to resolve situations of this 10 nature since it cannot be discussed among themselves, and at the 11 same time, this is a staff position which is appointed by the 12 Commission. Commissioner` McCrea stated that Ms. Taylor 13 recommended Ms_. Menendez for the interim position due to the 14 fact the Ms. Menendez has previous experience from the Planning 15 and Zoning Department where among her duties she serves as 16 secretary to the Planning, ERPB and'HPB boards. 17 18 Vice Mayor Russell expressed relief to learn of a proposal 19 to fill Ms. Taylor's position, and she stated that if Ms. Taylor 20 feels comfortable with this option she feels comfortable as 21 we11. 22 23 There being no further discussion,, the motion to approve 24 the resolution passed by a 5 -0 vote. 25 26 Commissioner Wiscombe: Yea 27 Vice Mayor Russell: Yea 28 Commissioner McCrea -: Yea 29 Commissioner Bethel: Yea 30 Mayor Feliu: Yea 31 32 33 23 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 34 CITY OF SOUTH MIAMI FLORIDA RELATING TO THE CITY 35 CLERK;` ESTABLISHING CRITERIA' AND GUIDELINES FOR 36 SELECTION PROCESS FOR CITY CLERK; PROVIDING AN 37 EFFECTIVE DATE: 3/5 38 (Commissioner McCrea) 39 40' Moved by Commissioner McCrea, seconded by Vice- Mayor 41 Russell to approve this resolution. 42 43 Commissioner McCrea stated that the Human Resource 44 Department will assist the Commission in conducting a statewide 45 search and Ms. Taylor has offered to seat' in a panel of three, 46` including the city clerk of Pinecrest and the city of Miami who 47 have also agreed to seat on said panel. 48 49 Mayor Feliu recommended to start the search within the 50 County, REGULAR CITY COMMISSION 18 MEETING - September 16, 2003 MIUM 1 2 Commissioner Wiscombe stated that he would like to have 3 some time to analyze this matter further and recommended to 4 postpone this item until the next commission meeting. 5 6 Moved by Commissioner Wiscombe, seconded by Commissioner 7 McCrea to defer this item the motion passed by a 5 -0 vote. 8 9 Commissioner Wiscombe: Yea` 10 Vice Mayor Russell: Yea' 11 Commissioner McCrea: Yea; 12 Commissioner Bethel: Yea 13 Mayor Feliu: Yea 14 15 16 Resolution No. 164 -03- 11714 17 24 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI RELATING TO THE COMMISSION FOR 19 WOMEN;.. ESTABLISHING AN APPLICATION PROCESS FOR THE 20 NOMINATION OF WOMEN TO THE "WOMEN OF VISION WALL" 21 LOCATED IN CITY HALL; PROVIDING AN EFFECTIVE DATE. 3/5 22 (Vice Mayor Russell) 23 24 Moved by Vice -Mayor Russell,,, seconded by Commissioners 25 Wiscombe and McCrea to approve this resolution. 26 27 Vice Mayor Russell presented the proposal to establish the 28 application process and went over the main points in the 29 application. There are some restrictions on nominations which 30 are outlined on the application.` 31 32 There being no further discussion, the motion to approve 33 the resolution passed by a 5 -0 `vote. 34 35 Commissioner Wiscombe: Yea 36 Vice Mayor Russell: Yea 37 Commissioner McCrea: Yea 38 Commissioner Bethel: Yea 39 Mayor Feliu Yea 40 41 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 42 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL 43 OF EXPENDITURES INCURRED PRIOR TO AND DURING THE 44 WEATHER EMERGENCY RESULTING FROM HURRICANE ISABEL, AND 45 AUTHORIZING THE CITY MANAGER TO PREPARE FOR A POSSIBLE 46 IMMINENT STORM, PROVIDING AN EFFECT DATE. 3/5' 47 (City Manager) 48 REGULAR CITY COMMISSION 19 MEETING - September 16, 2003 ,�+, . �� 1 Moved by Vice- Mayor Russell, seconded by Mayor Feliu and 2 Commissioner Wiscombe to approve this resolution. 3 4 Ms. Davis expressed satisfaction in not having to use the 5 after -the- storm provisions of this resolution. Ms. Davin 6 commended staff for being very well prepared for emergencies, 7 stating that the residents of the City of South Miami are in good 8 hands. Ms. Davis explained that the material acquired in 9 anticipation of Hurricane Isabel, although it was not used, it 10 will be kept to be utilized in the future as needed. 11 12 Vice Mayor Russell stated that this resolution should be 13 revised to show the accurate account numbers and the financial 14 date for the next commission meeting. 15 16 Moved by Commissioner McCrea, seconded by Vice Mayor Russell 17 to defer this item the motion passed by a 5 -0 vote. 18 19 20 Commissioner Wiscombe: Yea 21 Vice Mayor Russell Yea 22 Commissioner McCrea: Yea 23 Commissioner` Bethel: Yea` 24 Mayor Feliu; Yea 25 26 Resolution No. 165 -03 -11715 27 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 28 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 29 FEES; AUTHORIZING THE USE OF CASH RESERVE FUNDS TO PAY 30 UNFUNDED ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, 31 P.A. IN THE AMOUNT OF $45,783.96; PRLVIDING AN 32 AFFECTIVE DATE. 3/5 33 (City Attorney) 34 35 Moved, by Mayor Feliu, seconded by Commissioners McCrea and 36 Bethel to approve this resolution. 37 38 Mr. Gallop explained that this item is being ,removed from 39 the consent and placed under the regular agenda as per the 40 direction of the Finance Director. 41 42 There being no further discussion, the motion to approve 43 the resolution passed by a 4 -0 vote. 44 45 Commissioner Wiscombe: Yea 46 Vice Mayor Russell: Out of the room 47 Commissioner McCrea: Yea 48 Commissioner' Bethel Yea 49 Mayor Feliu Yea 50 REGULAR CITY COMMISSION 2 MEETING - September 16, 2003 1 2 _Resolution No. 166 -03- 11716` 3 27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING` TO ATTORNEYS' 5 FEES; AUTHORIZING THE USE OF CASH RESERVE FUNDS TO PAY 6 UNFUNDED ATTORNEYS'' FEES FOR KURZBAN KURZBAN WEINGER`& 7 TETZELI, P.A. IN THE AMOUNT OF $6,348.14; PROVIDING AN 8 EFFECTIVE DATE. 3/5 9= (City Attorney) 10 11 Moved by Commissioner McCrea and seconded by Wiscombe to 12 approve this resolution'. 13 14 Mr. Gallop explained that this item, the same as the 15 previous item, is also being removed from the consent and placed 16' under the regular agenda as per the direction of the Finance 17 Director. 18 19 There being no further discussion, the motion to approve 20 the resolution passed by a 4 -0 'vote. 21 22 Commissioner Wiscombe: Yea 23 Vice Mayor Russell Yea 24 Commissioner McCrea: Yea 25 Commissioner Bethel: Yea 26 Mayor Feliu: Yea 27 28 Moved by Vice Mayor Russell, seconded by Commissioner McCrea 29 to reconsider tabled item 20 at this time. 30 31 Commissioner Wiscombe: Yea 32 Vice Mayor Russell: Yea 33 Commissioner McCrea Yea 34 Commissioner Bethel Yea 35 Mayor Feliu Yea 36 37 Ms. Davis verified that the account number shown on the 38 title of item 20 is correct 39 40 There being no further discussion, the motion to approve 41 the resolution passed by a 5 -0 vote. 42 43 Commissioner Wiscombe: Yea 44 Vice Mayor Russell: Yea 45 Commissioner McCrea: Yea 46 Commissioner Bethel: Yea 47 Mayor Feliu: Yea 48 49 REGULAR CITY COMMISSION 21 MEETING September 16, 1003 1 ORDINANCE (S) FIRST READING (S) 2 3 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 5 7.373 WHICH EXCEEDS THE ROLLBACK RATE BY 26.42% AND 6 RESULTING IN 15.69% IN PROPERTY TAX 'RATE IN THE CITY OF 7 SOUTH MIAMI, FLORIDA, FOR THE 'FISCAL YEAR 2003/2004 8 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND 9 AN EFFECTIVE DATE. 3/5" 10 (City Manager) 11 12 Moved by Commissioner McCrea and seconded by Commissioners 13 Wiscombe and Bethel to adopt this ordinance on 'first reading in 14 its entirety and that it will be placed on second reading in 15 public hearing at the next regular meeting. 16 17 Mr. Gallop explained that this ordinance is in compliance 18 with the City Charter. 19 20 There being no further discussion, the motion to adopt the 21 ordinance in its entirety passed by -a 5 -0 vote. 22 23 Commissioner Wiscombe: Yea 24 Vice Mayor Russell: Yea 25- Commissioner McCrea: Yea 26 Commissioner Bethel Yea 27 Mayor Feliu'c Yea 28 29 30 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 31 CITY OF SOUTH' MIAMI, FLORIDA, ADOPTING A BUDGET OF 32 $13,229,818; AND TENTATIVE PAY PLAN FOR THE 2003/04 33 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN 34 CONFLICT; AND AN EFFECTIVE DATE. 3/5 35 (City Manager 36 37 Moved by 'Commissioner McCrea and seconded by Commissioners 38 Wiscombe and Bethel to adopt this ordinance on first reading in 39 its entirety and that it will be placed on second` reading in 40 public hearing at the next regular meeting. 41 42 Mayor Feliu allowed the City Attorney to explain some 43 procedural adjustments 44 45 Mr. Gallop explained that the Charter does not require the 46 budget to be approved by ordinance. However, Mr. Gallop 47 explained that traditionally, the millage levy has been approved 48 by ordinance 49 REGULAR CITY COMMISSION 22 MEETING September 16, 2003 1 Moved by Commissioner McCrea, seconded by Commissioner 2 Wiscombe, motion to extend the meeting after 11 :00 p.m. passed by 3 a 5 -0 vote. 4 5 Commissioner Wiscombe: Yea 6 Vice Mayor Russell: 'Yea 7 Commissioner McCrea: Yea 8 Commissioner Bethel: Yea 9_ Mayor Feliu: I Yed 10 11 Moved by Vice Mayor Russell, seconded by Commissioner 12 Wiscombe to amend the ordinance by adding the word tentative to 13- the ordinance, the motion passed by a 5 -0 vote. 14 15 Commissioner Wiscombe Yea 16 Vice; Mayor Russell: Yea 17 Commissioner McCrea: Yea 18 Commissioner` Bethel: Yea 19 Mayor Feliu: Yea 20 21 There being no further discussion the motion to adopt the 22 ordinance in its entirety passed by a 5 -0 vote,. 23 24 Commissioner Wiscombe: Yea 25 Vice Mayor Russell:` Yea 26 Commissioner McCrea: Yea 27 Commissioner Bethel: Yea 28 Mayor Feliu: Yea 29 30 31 32 33 COMMISSION REMARKS 34 35 36 Commissioner Wiscombe again said Ms. Taylor will be missed 37 greatly and wished her the best. 3$ 39 Vice Mayor reiterated what she said before and had nothing 40 else to add. 41 42 Commissioner McCrea again said goodbye to Ms Taylor and 43 welcomed Maria M Menendez in her new -roll, adding that they 44 looked forward to working with her. 45 46 Commissioner Bethel spoke about the need to have a' location 47 where the Gibson Center can come in and help people in the 48 community with addiction problems. 49 REGULAR CITY COMMISSION 23 MEETING - September 16, 2003 1 There, being no further business to come before this Body, 2 the meeting adjourned at 11:15 p.m. 3 4 Approved 5 6 7 Attest: g Horace G. Feliu g Mayor 10 11 Maria M Menendez 12 Interim City Clerk 13 14 15 REGULAR CITY COMMISSION 24 MEETING September 16,; 2003 x7'?'x. r.=- s° --r: -fi 'i^'. -"-fa a; "%. _..°` ,':•-. ;t„ ?.? .<?sr,.s,,'a"1a`' '°, Y"`s'."`.'`R9.'�t'`ry "':':::.,, s3. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS -' FEES; ; APPROVING PAYMENT OF 6 ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & 7 TETZELI, P.A. IN THE AMOUNT OF $8421.16; CHARGING 8 $842.16 TO ACCOUNT NO. 1500 -514 -3450, OTHER 9 CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE 10 DATE. II 12 WHEREAS, Mark Richman Properties, Inc. initiated litigation against the 13 City of South Miami in which it seeks specific performance under a lease 14 ` agreement and, or, damages for an alleged breach of contract pertaining to the 15 proposed development of the SW 73 Street parking lot; and, 16 17 WHEREAS, with the city commission's consent, the city attorney retained 18 special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to defend the 19 lawsuit; and, 20 21 WHEREAS, Kurzban Kurzban Weinger & Tetzeli, P.A. submitted an 22 invoice to the City for legal services rendered, and costs advanced, for the period 23 ending August 31, 2003, in the amount of $842.16; and, 24 25 WHEREAS, the city attorney recommends payment of the attached invoice 26 as the amount of fees and costs are reasonable and necessary. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY i 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section; 1. The invoice for attorneys' fees and costs received from 32 Kurzban Kurzban Weinger & Tetzeli P.A. in the total amount of $842.16 is 33 approved for payment and charging the amount to account no. 1500 -514- 3450, 34 Other Contractual Services. 35 36 Section 2. This resolution shall take effect immediately upon approval. 1 2 PASSED AND ADOPTED this day of October, 2003. 3 4 ATTEST; APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 21 22 23 24 25 \ \02srvplaw \prolaw \Documents \0022\DAA19447.doc - Reso - S. Weinger September 2003 Statement 26 27 28 29 " 30 31 32 33 34 ' 35 36 37 38 39 ' Page 2 of 2 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and city comet n. Date: October 10 2003 Cc: Maria V. Davis, city manager Hakeem Oshikoya, finance director * ... From: Earl G. Gallop, city attorney Re: Approval of Muller Mintz, P.A. Invoice totaling $2.255.47 REQUEST Approval of payment of Muller Mintz, P.A. invoice numbered 29143 dated October 1, 2003 for $2,255.47, for services rendered in connection with labor issues. BACKGROUND AND ANALYSIS We requested Mr. James Crosland, Muller Mintz, P.A., to provide labor counsel services to the city. The total billed to date is $6,423.13. 1 recommend approval of the invoice for payment as the amount of fees and costs are reasonable and necessary. RECOMMENDATION Approve the resolution authorizing payment of the invoice 1 RESOLUTION NO. _2 3 4 A RESOLUTION OF THE MAYOR AND CI'T'Y COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 ATTORNEYS' FEES FOR MULLER MINTZ, P.A., IN THE 7 AMOUNT OF $2,255.47; CHARGING $2,255.47 TO ACCOUNT 8 NO. 1500 -514 -3440, OTHER CONTRACTUAL SERVICES 9 CONSULTING LABOR; PROVIDING AN EFFECTIVE DATE. j 10 II -12 WHEREAS, the Mayor and City Commission of the City of South Miami 13 approved the retention of labor counsel James C. Crosland of Muller Mintz, P.A. 14 at the recommendation of the city attorney, to represent the city in addressing 15 threatened unfair labor practice claims and grievances in connection with budget 16 adjustments; and 17 18 WHEREAS, Muller Mintz submitted an invoice to the City: for legal 19 services rendered, and costs advanced, for the ,period ending September 30, 2003, 20 in the amount of $2,255.47; and, 21 22 WHEREAS, the city attorney recommends payment of the attached invoice 23 as the amount of fees and costs are reasonable and necessary. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 27 28 Section 1. The invoice for attorneys' fees and casts received from 29 Muller Mintz, P.A. in the total amount of $2,255.47 are approved for payment and 30 charging the amount to account no. 1500- 514- 3440,' Other Contractual Services 31 Consulting Labor. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this day of October, 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Additions shown by underlining and deletions' shown by ovefstriking L COMMISSION VOTE: 2 READ AND APPROVED AS TO FORM: Mayor Feliu: 3 Vice Mayor Russell: 4 Commissioner Wiscombe: 5 CITY ATTORNEY Commissioner Bethel: (, Commissioner McCrea: 7 8 9 \\02srvplaw \prolaw\ Documents \0022 \DAJ \19623.doc = Reso - Muller Mintz October Statement Page 2 of 2 ,.v. < �'f�;`5@`"3�'SS' —r'ma �,. fir, �: �v� —...�. -A' `. ?;'u "3 y'°'�i .. ;.k� 9� ,`;- ..'..°$l 'i"•�= �5'�TkyfG'SY '"+�f'G'.:'sa ,r, CITY OF SOUTH MIAMI 6130 Sunset Drive, South Mianii, Florida 33143 Vendor: Muller Mintz, P.A. Req. No. 3, FY 2003 -04 Date: October 10, 2003 Finance Department Item No. Quantity Description and Specifications Account Number - Unit Price Total 1 l Other Contractual Services - 1500- 514.3440 $2,255.47 $2,255.47 Consulting Labor i TOTAL -- - $2,255.47 Purchase Order No. Terms /Discount I hereby Certify That The Coding of Accounts Approved Purchases as Above Approved. Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) head of Department i Finance Department City Manager �T j Daid y. Korrrel lM Marlene Quintana Morales* Of Counsel Michael W. Case/, ill' DRvid C. Miller Kelly Cheary Sulzberger James C. Crosland" Jenna Pinehart Rassr James S. Bfamn,.W Debra M. iubl in' Ray C. Muller (1924- 1971) Gordon D, Rogers" Carmen S Johnson' Chrsl, A. Shelton I die Miller Tomczak Herbert B. Mintz 0 924 -1993) Joseph A. Caldwell (1923.1996) :Jcffrey i:. Mandel' David A. Young Denise M. Hne ldn" �� J, Mlctlael Marshall M.� ,�:.,� Paul T,'lyder, Jr.' Erik A. Nelson - -- Benton N. `01001* LABOR AND 'EMPLQY3.4ENT ATTO.R.NE,YS 'rOW(ICa 10f. "i11 L4ry04dCar lYfumitLWN October 1, 2003 City of South Miami c/o Nagin Gallop & Figueredo,, P.A. 3225 Aviation Ave., Suite 301 - Miami, Florida 33133 Attention:, Earl G. Gallop, Esquire Re: City of South Miami #252800 Invoice No. 29143 DATE DESCRIPTION ATTY HOURS 09/03/03- Review ULP charge / demotions JCC 0.20 09/03/03 Analyze issues / new PBA -ULP JCC 0.60 charge 09/04/03 Conference with Davis / JCC 1.00 miscellaneous` labor relations issues 09/04/03, Review documents / units JCC 0.40 0,9/05/03 Telephone conference Davis / JCC 0.20 Griffin; ULP 09/15/03 Review Denfield file JCC 2.20 09/16/03 Telephone conference Davis / take JCC 0.20 ? home cars j i Please reply to Miami Office- Muller Mintz, RA, Suite 3600 200 South Biscayne Boulevard Miami. Florida 33131 Miami 305 -358 -5500 Broward 954- 522 -0393 Facsimile 305 - 379 -3802 Suite 1525' 255 South orange Avenue Orlando, Florida 32801 Telephone 407-743 -1400 Facsimile 407- 843-1410 www.rrullormiatz.com i i I { City of South Miami October 1, ' -2003 Page 2 09/16/03 Revise policy, CBA -/ take home JCC 0.30 cars_ 09/16/03 Telephone conference Davis / take JCC 0.20 home cars 09/18/03 Review correspondence, documents JCC 0.40 / PBA; supervisory unit 09/22/03 Conference Davis, Watson, Mills / JCC 3.00 miscellaneous labor relations issue s 09/24/03 Telephone conference Navarro / JCC 0.30 part -time employees' 09/24/03 Telephone conference Davis / JCC 0.30 OPEIU unit; part -time employees 09/25/03 Telephone conference Casey / JCC 0.30 part -time employees 09/25/03 Telephone conference Casey / JCC 0.30 part- :time employees 09/25/03 Telephone conference Davis / JCC 0.30 part -time employees 09/25/`03 Review documents / bargaining JCC 0.30 units 09/25/03 Telephone conference Davis / unit JCC 0.20 issue 09/25/03 Telephone conference Casey / JCC 0.40 part -time employees; unit issues 09/25/03 Review documents / AFSCME; OPEIU JCC 0.60 09/25/03 Review agreement with PBA / JCC 0.40 i i layoff and recall City of South Miami October 1, 2003' Page 3 SUMMARY OF SERVICES HOURS ATTORNEY RATE AMOUNT 12.10 JCC 185.00 2,238.50 TOTAL FEES $ 2,238.50 DATE EXPENSES AMOUNT 08/20/03 Telephone 0.75 08/20/03 Telephone 1.50 08/20/03 Telephone 1.50 08/25/03 Telephone 0.54 08/26/03 Telephone 0.36 08/28/03 Telephone 0.36 08/28/03 Telephone 0.18 08/2,8/03 Telephone 0.18 09/03/03 Photocopies 1.00 09/04/03 Photocopies 3.40 09/11/03 Photocopies 2.40 09/24/03 Photocopies 1.20 09/25/03 Photocopies 3.60 City of South Miami October 1, 2003 Page 4 TOTAL DISBURSEMENTS $ 16.97 TOTAL THIS STATEMENT $ 2,255.47 BUSINESSES THAT MAKE PAYMENTS TO ATTORNEYS ARE REQUIRED TO REPORT PAYMENTS TO THE IRS. OUR TAX ID NUMBER IS 59- 1448153. Ii -- ciT-Ti?, �(c 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH `MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $23;911.24; CHARGING $770.28 TO ACCOUNT NO. 1500 -514- 8 3435, REAL PROPERTY/FORECLOSURE; CHARGING 9 $20,440.69 TO ACCOUNT NO. 1500 -514 -3410, LEGAL 10 SERVICES, NON - RETAINER; CHARGING $8.00 TO ACCOUNT 11 NO. 615- 1910 -521 -3100, PROFESSIONAL SERVICES, 12 FORFEITURES AND CHARGING $2,692.27 TO ACCOUNT 13 NO. 1500- 514 - 3452, CODE ENFORCEMENT; PROVIDING AN 14 EFFECTIVE DATE.' 15` 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No.' 99 -94- 9500, as amended by Resolution No.' 217 -97- 10187; 18 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and; 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 September 30, 2003, in the amount of $23;911.24; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached ; 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total' amount of $23,911.24, are approved for 32 payment and charging $770.28 to account ' no. 1500 -514 -3435, real 33 estate /foreclosure; charging $20,440.69 to account no. 1500- 514 -3410, legal, non - 34 retainer; charging $8.00 to account no. 615 - 1910- 521 -3100, professional services;, 35 forfeitures; and charging $2,692.27 to account no. 1500 -514 -3452, code 36 enforcement. 37 38 Section 2. This resolution shall take effect immediately upon approval. 39 Additions shown by underlining and deletions shown byeverstfildg. , Page _2 of 2 1 2 PASSED AND ADOPTED this - day of October, 2003. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 \ \02srvplaw \prolaw\ Documents\ 0022 \DAJ\19617.doc' -Reso - NGF October Non - Retainer Statements 19 20 21 22 23 24 25 26` 27 28 29 30 31. 32 33 34 35 36 37 Page _2 of 2 NNAGIN GALLOP FIGUEREDO P. A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133-4741 Facsimile: (305) 854 -5351 October 10, 2003 Hakeem Oshikoya - Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending September 30, 2003, in the amount of $23,911.24, and requisition no. 2, FY 2003 -04. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate & Contracts Prof 1 Services ' $ 175.00 Statement No 14811 dated 10109103 Disbursements 595.28 Total Due 770.28 0022 -027 Bruce v. CSM Prof1 Services $ 2,712.50 Statement No. 14805 dated 10109103 ` Disbursements -20.23 Total Due 2,692.27 0022 -046 Merrick v. City of South Miami Prof 1 Services $ 37.50 Statement No. 14815 dated 10109103 Disbursements 0.00 Total Due 37.50 0022 -083 Planning Board Profl Services $ 665,00 Statement No. 14818 dated 10109103 Disbursements 0.00 Total Due 665.00 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI' October 10, 2003 Page 2 of 3 0022 -095 Lazaro Tabares — EEOC ' Prof I Services $ 45.00 Statement No. 14819 dated 10109103 Disbursements 0.00 Total Due 45.00 0022 -113 Forfeiture of 1991 Nissan 300zx- Prof l Services $ 0.00 Statement No. 14821 dated 10109103 Disbursements 8.00 Total Due 8.00 0022 -128 Maria S. Anduiza v. City of South Miami Prof I Services $ 175.00 Statement No. 14826 dated 10109103 Disbursements 0.00 Total Due 175.00 0022 -129 Mark Richman Properties v. City of South Prof I Services $ 3,675.00 Miami Disbursements 6.00 Statement No. 14827 dated 10109103 Total Due - 3,681.00 0022 -136 Rosenbaum v. City of South Miami Prof 1 Services $ 647.50 Statement No 14832 dated 10109103 Disbursements 0.00 Total Due 647.50 0022 -137 Special Master Hearings Profl Services $ 700.00 Statement No. 14833 dated 10109103 Disbursements 0.00 Total Due 700.00 0022 -139 Hampton v. City of South Miami Prof I Services $ 52.50 Statement No. 14835 dated 10109103 Disbursements 0.00 Total Due 52.50 0022 -140 TK Promotions v. City of South Miami Prof 1 Services $ 14,882.50 Statement No 14836 dated 10109103 Disbursements 307.94 Total Due 13,702.19 0022 -141 Gregory Feldman v. City of South Miami Prof I Services $ 735.00 Statement No. 14837 dated 10109103 Disbursements 0.00 Total Due 735.00 CURRENT TOTAL DUE $ 23,911.24 Item No. Quantity Description and Specifications Account Number Unit Price Total and Issuance of Purchase Order Or Service Is Essential And A Authorized 1 1 Real Estate /Foreclosure 1500- 514 -3435 770.28 770.28 Balances Verified (Except As 2 10 Legal, Non-Retainer 1500 -514 -3410 20,440.69 20,440.69 I City Manager 3 1' Forfeitures ' 608- 1910 - 521 -3100 8.00 8.00 4 1 Code Enforcement 1500- 514 -3452 2,692.27 2,692.27 TOTAL 1 $23,911.24, Purchase Order No. I Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As —�'5�_' e:1 Otherwise Noted) Head of Department Finance Department I City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter I D: 0022 -002 Finance Director Real Estate & Contracts City of South Miami 6130 Sunset Drive Statement No. 14811 City of South Miami, FL 33143 Hours Amount 09/3012003 EAB Began revising affidavit as to compliance with parking requirements 1.00 175.00 for off -site parking; and email communications with Mr. Youkilis regarding this matter. Total Professional Services 175.00 Rate Summary Eve A. Boutsis 1.00 hours at $175.00/hr 175.00 Total hours: 1.00 Expenses Legal research 595.28 Sub -total Expenses: 595.28 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate' of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -002 Statement No.: 14811 Page: 2 For Professional Services 175.00 For Disbursements Incurred 595.28 Current Balance: Previous Balance: - 15,137.50 Payments Thank you 0.00 Total Due 15,907.78 To be properly credited, please indicate Statement Number on your remittance check: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPIL Attorneys & Counselors` 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 - Telephone: (305) 854 -5353 Facsimile: (305) 854 - 5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -003 Finance Director Williamson Foreclosure City of South Miami 6130 Sunset Drive Statement No. 14812 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 492.00 Payments - Thank you 0.00 Total Due 492.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 1, 2003 Hakeem Oshikoya Matter ID: 0022 -027- Finance Director City of South Miami Bruce v. Code Enforcement 6130 Sunset Drive Statement No. 14805 City of South Miami, FL 33143 Hours Amount 09/22/2003 EGG Analyzed final declaratory judgment order. 1.00 175.00 09/22/2003 EAB Attention to Bruce final declaratory judgment order; and provided 1.20 210.00 update to client and staff. 09/24/2003 EAB Legal research on contract prevailing party attorney's fees award; 2.00 350.00 prepared memorandum to file; conducted property appraisal investigation; and drafted communication to Mr. Dirk Lorenzen regarding 10-day compliance period under Judge King's final` declaratory judgment ruling. 09125/2003 EAB Legal research on entitlement to fees and what is a reasonable fee; 4.50 787.50 analysis of billing and prepared memorandum on this item. 09/29/2003 EAB Drafted motion for attorney's fees, affidavits in support of fees for 5.00 875.00 Ms. Boutsis, Mr. Gallop and Mr. Dellagloria; and analyzed billing. 09/30/2003 EAB Analysis of photographs taken by Mr. Struder and drafted 0.40 70.00 noncompliance letter to Mr. Lorenzen; and telephone conference with Mr. Lorenzen regarding his client's request for re- hearing. 09/30/2003 EAB Legal research on collection of costs pursuant to Uniform 1.40 245.00 Guidelines on Taxation of Costs; and drafted memorandum to file. Total Professional Services 2,712.50 Rate Summary Earl G. Gallop 1.00 flours at $175.00/hr 175.00 Eve A. Boutsis 14.50 hours at $175.00/hr 2,537.50 Total hours: 15.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin;Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 14805 Page: 2 Expenses Courier charge 37.77 09/30/2003 Service of Process -58.00 Sub- total Expenses: -20.23 Payments 10/07/2003 Payment C1442638 17,877.47 Sub -total Payments: "17,877.47 For Professional Services 2,712.50 For Disbursements Incurred -20.23 Current Balance: 2,692.27 Previous Balance: 18,877.47 Payments -Thank you 17,877.47 Total Due ` 3,692.27 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL'- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys Fa Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 9, 2003 Finance Director Matter ID: 0022 -046 City of South Miami Merrick v. City of South Miami 6130 Sunset Drive Statement No. 14815 City of South Miami, FL 33143 Hours Amount 09/19/2003 EAB Received FDLE report and issued letter to Mr. Parsons confirming 0.30 37.50 change in FDLE report. Total Professional Services 37.50 Rate Summary Eve A. Boutsis 0.30 hours at $125.00/hr 37.50 Total hours: 0.30 For Professional Services 37.50 For Disbursements incurred 0.00 Current Balance: 37.50 Previous Balance; 0.00 Payments - Thank you 0.00 Total Due 37.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -055 Finance Director City of South Miami Purchase of 7800 SW 59th 6130 Sunset Drive Statement No. 14816 City of South Miami, FL 33143 Payments 09124/2003 Payment C442286 ($20,561.30) 105.00 Sub -total Payments: 105.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balancer 157.50 Payments - Thank you 105.00 Total Due 52.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -083 Finance Director Planning Board City of South Miami 6130 Sunset Drive Statement No. 14818 City of South 'Miami, FL 33143 Hours Amount 08/26/2003 LRF Reviewed planning director's report concerning Epiphany; 1.80 315.00 conference with Mr. Gallop; prepared response to City Manager; and teleconference with Maria Davis regarding same: 09/08/2003 LRF Reviewed various memos from Mr. Youkilis; reviewed land 2.00 350.00 development code; and responded to several inquiries from staff. Total Professional Services 665.00 Rate Summary Luis R. Figueredo 3.80 hours at $175.00/hr 665.00 Total hours: 3.80 Payments 09/24/2003 Payment Ck#42286 ($20,561.30) 1,295.00 Sub -total Payments: 1,295.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED` Matter ID: 0022 -083 Statement No.: 14818 Page: 2 For Professional Services 665.00 For Disbursements Incurred 0.00 Current Balance: 665.00 Previous Balance; 1,295.00 Payments - Thank you 1,295.00 ;Total Due 665.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. s ;w� eW CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDQPA Attorneys .& Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -095 Finance Director City of South Miami Lazaro D. Tabares - EEOC 6130 Sunset Drive Statement No. 14819 City of South Miami, FL 33143 Hours Amount 09/2512003 EAB Telephone conference with Mr. Rick McDuff regarding settlement of 0.30 45.00 federal litigation and prepared memorandum to file. Total Professional Services 45.00 Rate Summary Eve A. Boutsis 0.30 hours at $150.00 /hr 45.00 Total hours 0.30 Payments 10/07/2003 Payment Ck#42638 75.17 09/24/2003 Payment Ck#42286 ($20;561.30) 360.00 Sub -total Payments: 435.17 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -095 Statement No.: 14819 Page: 2 For Professional Services 45.00 For Disbursements Incurred 0.00 Current Balance: 45.00 Previous Balance: 435.17 Payments - Thank you 435.17 Total Due 45.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 9, 2003 Finance Director Matter ID: 0022 -113 City of South Miami Forfeiture of 1991 Nissan300zx 6130 Sunset Drive Statement No. 14821 City of South Miami, FL 33143 Expenses Parking Charge 6.00 09/23/2003 Certified Copy 2.00 Sub -total Expenses: 8.00 Payments 09/23/2003 Payment Ck#42162 150.00 Sub -total Payments: 150.00 For Professional Services 0.00 For Disbursements Incurred 8.00 Current Balance`. 8.00 Previous Balance: 342.00 Payments - Thank you 150.00 Total Due 200.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. �, r M-7 CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDQYA. Attorneys F Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 9, 2003 Matter ID: 0022 -128 Finance Director City of South Miami Maria S. Anduiza v. City of 6130 Sunset Drive Statement No. 14826 City of South Miami, FL 33143 Hours Amount 09/2212003 EAB Research on summary judgment standard in state court and under 1.00 175.00 Florida Whistleblower action. Total Professional Services 175.00 Rate Summary Eve A. Boutsis 1.00 hours at $175.00/hr 175.00 Total hours: 1.00 Payments' 10/07/2003 Payment Ck#42638 272.25 09/24/2003 Payment Ck#42286 ($20,561.30) 4,197.00 Sub -total Payments: 4,469.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i 1 Nagin,Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022-128 Statement No.: 14826 Page: 2 For Professional Services 175.00 For Disbursements Incurred 0.00 Current Balance: 175.00 Previous Balance: 15,363.86 Payments - Thank you 4,469.25 Total Due _ 11,069.61 To be properly, credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. mn CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 ` Miami, Florida 33133 ` Telephone: (305) 854 -5353 Facsimile:; (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -129 Finance' Director Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Statement No. 14827 City of South Miami, FL 33143 Amount Hours' 08/08/2003 LRF Researched land use code regarding sinage issue and 3.00 525.00 teleconference with Sandy Youkilis regarding basis for denying temporary sign. 08/11/2003 LRF Responded to Hakeem Oshikoya's query regarding parking garage 0.70 122.50 loan. 08/13/2003 LRF Teleconference with George McArdle regarding loan; and prepared 0.90 157.50 e -mail response to Mayor's inquiry. 08/14/2003 LRF Meeting with Hakeem Oshikoya, Ajibola Balogun, and George 1.30 227.50 McArdle; and responded to Mayor ,Feliu's "inquiry. 08/21/2003 LRF Responded to Comm'r Wiscombe's query regarding Mark Richman 0.40 70.00 Project. 08/28/2003 LRF ` Reviewed responses to request for production. 0.50 , 87.50 09/02/2003 DAJ Telephone conference with Mr. Sandy Youkilis regarding the 0.20 15.00 request for production of documents propounded on the city by MRP; e-mail to Ms. Ronetta Taylor, Mr. Hakeem Oshikoya and Mr. Youkilis regarding same and need to coordinate a meeting for sometime on Thursday, September 4, 2003 for Ms. Boutsis to meet with everyone to go through their respective files on this matter. 09/05/2003 EAB Coordinating meeting with staff regarding documents responsive to 0.40 70.00 discovery requests. 09/08/2003 EAB Meeting with Mr. Youkilis, Mr. Weiner, Ms. Hussein regarding 2.50 437.50 documents responsive to plaintiffs first request for production. 09/0812003 DAJ Met with Mr. Luis Figueredo and reviewed three boxes of parking 1.00 75.00 garage files to determine what documents would be responsive to plaintiffs first request for production; and pulled documents to be produced. 09/09/2003 , EAB Prepared memorandum to file providing update on discovery 0.20 35.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. ,r. .,..,.^ . ^�. -^,'._ Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -129 Statement No.: 14827 Page: 2 response efforts. 09/09/2003 EAB Reviewed and revised draft interrogatory responses and documents. 1.00 175.00 - to be produced to plaintiff. , 09/09/2003 DAJ Revised final draft of discovery responses; and e- mailed .`same to 0.30 22.50 Mr. Weinger. 09/10/2003 LRF Prepared revisions and finalized confidentiality and 1.50 262.50 non - circumvention agreement. 09/12/2003 LRF Teleconference with Mr. Weinger. 0.50 87.50 09/15/2003 EAB E -mail communications with Comm'r McCrea, Mayor Feliu, Vice 0.50 87.50 Mayor Russell, Ms. Davis, Mr. Oshikoya,'and Mr. Gremet Reyes regarding a -mails and production of a -mails responsive to MRP: matter; and began analysis of email production by Ms Hussein, Mr. Youkilis!and Mr. Subrata Basu. 09/16/2003 LRF Worked on matters relating', to request for production; reviewed files 2.00 350.00 to ensure privileged documents are not produced. 09/16/2003 ` EAB Attention to production issues and began separating attorney- client 1.00 175.00 and work product privileged communications; and prepared e-mail communication to Comm'r Wiscombe and Mayor Feliu. 09/1612003 DAJ Printed a -mails received from Commissioner Dan McCrea; provided 0.50 37.50 e -mails to Ms. Boutsis for her review as to privilege; and redacted e -mails that contained my name so that they can be produced. 09/18/2003 LRF Worked on case management matters relating to MRP litigation. 1.30 227.50 09/25/2003 LRF Status conference with Mr.' Gallop; and teleconference with Mr. 0.70 122.50 McArdle to discuss initiation of settlement negotiations. 09/26/2003 LRF, Teleconference with Comm'r Wiscombe; teleconference with Mark 1.10 192.50 Richman regarding settlement of pending litigation; and teleconference with Maria Davis' office. 09/29/2003 DAJ Prepared indexes to four boxes that will be produced to MRP 1.50 112.50 pursuant to their first request for production. Total Professional Services 3,675.00 Rate Summary Luis R. Figueredo 13.90 hours at $175.00/hr 2,432.50 Eve A. Boutsis 5.60 hours at $175.00 /hr 980.00 Debra A. Jester 3.50 hours at $ 75.00 /hr 262.50 Total hours: 23.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. - t 53 5'3 p°£f±<a''�i".'; 't .�Kt ... rc,-: c,. C;:.ii ;?s`k; ;,zA.`en _ }F 4 ., .•N- ':42r"F'�`%A Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -129 Statement No.: 14827 Page: 3 Expenses Mileage 6.00 Sub -total Expenses: 6.00 Payments 09/24/2003 Payment Ck#42286 ($20;561.30) 3,255.00 10/07/2003 Payment Ck#42638 719.87 Sub -total Payments: 3,974.87 For Professional Services 3,675.00 For Disbursements Incurred 6.00 Current Balance: 3,681.00 Previous Balance: 6,337.37 Payments - Thank you 3,974.87 Total Due 6,043.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors` 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -136 Finance Director Rosenbaum v. CSM City of South Miami -6130 Sunset Drive Statement No. 14832 City of South Miami, FL 33143 Amount Hours 09/03/2003 EGG Telephone conference with Mr. Shubin regarding alleged omitted 1.00 175.00 documents in response to public records request; prepared stipulation and communications with Ms. Davis, Mr. Youkilis and Mr. Ohsikoya. 09/04/2003 EGG Reviewed parking agreements and occupational licenses; further 0.40 70.00 handling instructions to Ms Boutsis. 09/0512003 EAB E -mail communications with city staff in order to coordinate 0.40 70.00 production of documents responsive to newest request pursuant to section 119.07, Fla. Stat. claim. 09/08/2003 EAB, Meeting with Mr. Chalvire, Ms. Taylor, Mr. Reyes, Mr. Weiner, and 1.40 245.00 Mr. Youkilis regarding public record request and occupational license pre - requisites for off site parking compliance. 09/09/2003 EAB Prepared memorandum to file on public records request and 0.40 70.00 procedures -for verifying compliance with occupational license prerequisites. 09/29/2003 EGG Reviewed re- notice of hearing on motion for judgment on the 0.10 17.50 pleadings. Total Professional Services 647650 Rate Summary Earl G. Gallop 1.50 hours at $175.00/hr 262.50 Eve A. Boutsis 2.20 hours at $175.00/hr 385.00 Total hours` 3.70 Payments 10/0712003 Payment Ck#42638 327.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate; of 1.5 % per month will be charged if payment is not received within 30 days. W, Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -136 Statement No:: 14832 Page: 2 09/24/2003 Payment Ck#42286 ($20,561.30) 595.00 Sub -total Payments: 922.00 For Professional Services 647.50 For Disbursements Incurred 0.00 Current Balance: 647.50 Previous Balance: 3,727.75 Payments - Thank you 922.00 Total Due 3,453.25 To be properly, credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDQPA Attorneys & Counselors ` 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -137 Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Statement No. 14833 City of South Miami, FL 33143 Hours Amount 09/18/2003 EAB Attended special master hearings. 4.00 700.00 Total Professional Services 700.00 Rate Summary Eve A. Boutsis 4.00 hours at $175:00 /hr 700.00 Total hours: 4.00 For Professional Services - 700.00 For Disbursements Incurred 0.00 Current Balance; 700.00 Previous Balancer 0.00 Payments - Thank you 0.00 Total Due 700.00 To be properly credited, please indicate Statement Number on your remittance check: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL -ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOg�, Attorneys & Counselors " 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -139 Finance Director Hampton v. City of South Miami, City of South Miami 6130 Sunset Drive Statement No. 14835 City of South Miami, FL 33143' Hours Amount 09/09/2003 EGG ` Reviewed city's notice of removal of action to federal district court, 0.30 - 52.50 and answer and affirmative defenses. Total Professional Services 52.50 Rate Summary Earl G. Gallop 0.30 hours at $175.00 /hr 52.50 Total hours: 0.30 For Professional Services 52.50 For Disbursements Incurred 0.00 Current Balance: 52.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 52.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 -140 Finance Director TK Promotions v. City of South City of South Miami 5130 Sunset Drive Statement No. 14836 City of South Miami, FL 33143 Amount Hours 08/06/2003 LRF Worked with Sandy Youkilis on regulatory issues' relating to adult 4.00 700.00 entertainment and reviewed adult entertainment ordinances from other jurisdictions. 08/07/2003 LRF' Worked on statutory and legal basis for regulating adult 2.90 507.50 entertainment and 5922 S. Dixie Highway site. 08/11/2003 LRF Reviewed letter from Dan Aronson regarding sinage issue and 1.00 175.00 teleconference with Sandy' Youkilis. 08/12/2003 LRF Researched zoning and land use issues. 5.90 1,032.50 08/13/2003 LRF Reviewed adult entertainment ordinance; revised ordinance; and 4.80 840.00 teleconference with Sandy Youkilis regarding ordinance and sinage issues. 08114/2003 LRF Teleconference with Sandy Youkilis regarding Florida law and 0.40 70.00 matters relating to Booby Trap. 08/15/2003 LRF Met with Dan Aronson; researched Florida statute concerning 2500 2.30 402.50' ft. distance requirement; teleconferences with Mayor Feliu and Comm'r Wiscombe; and teleconference with Sandy Youkilis. 08/17/2003 LRF Reviewed cases concerning zoning issues related to adult 2.00 350.00 entertainment. 08/18/2003 LRF Teleconference with Dan Aronson; teleconference with state 3.80 665.00 attorney; and met with Maria Davis, Earl Gallop; ,Chief Watson and Mayor Feliu: 08/19/2003 LRF Meeting with Comm'r McCrae;,attended board hearing regarding 7.60 1,330.00 Booby Trap sinage; met with Dan Aronson; conference with Mr. Gallop; researched legal issues; and worked on legal memoranda. 08/20/2003 LRF Reviewed cases on zoning and first amendment issues; 4.90 857.50 teleconference with Sandy Youkilis regarding survey and related matters; and teleconference with Maria Davis regarding compliance issues and enforcement options. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -140 Statement No.: 14836 Page: 2 08/21/2003 - LRF - Worked on legal memoranda; teleconferences with Dan Aronson; 6.80 1,190.00 reviewed motion for preliminary injunction; and teleconference with Maria Davis. 08/27/2003 LRF Teleconference with Maria Davis; conference with Ms. Boutsis; . 3.40 595.00 worked on legal issues related to evidentiary hearing; and conference with Mr. Gallop regarding pending matters. 08/28/2003 LRF Responded to e-mail from Comm'r McCrae. 0.60 105.00 08/28/2003 LRF Telephone conference with Comm`r McCrae. 0.70 122.50 08/29/2003 LRF Meeting with Mayor. Feliu regarding status of enforcement. 1.50 262.50 09/04/2003 EGG Telephone calls to Ms. Katheryn Fernandez - Rundell, State 7.80 1,365.00 Attorney, Ms'. Kathleen Von Hanney, Bureau Chief, Civil Division, Florida Attorney General, Mr. George Limieux, Deputy Attorney General, Mr. Charles Johnson, Chief, Organized Crime Unit, SAO; e -mail to Mr.[Oshikoya requesting issuance of retainer check to Mr. Rogow; prepared answer and affirmative defenses 09/05/2003 EGG Reviewed district court judge's compliance and scheduling order. 0.30 52.50 09/05/2003 EGG Reviewed legal research regarding requesting award of attorney's 0.20 35.00 fees under sec. 42 USC 1988 by prevailing defendant. 09/05/2003 EAB Legal research on whether city needs to request an award of 2.00 350.00 attorney's fees as prevailing defendant under 42 USC 1988; and statutory authority requiring the State Attorney to be joined as party due to constitutional challenge of state statute section 847.0134, Fla. State, 09/08/2003 EAB Legal research on chapter 16, Fla. Stat., and case law as to 2.00 350:00 powers and duties of Florida Attorney General; legal research on standard for award defendant attorney's fees pursuant to 42 USC sec. 1988. 09/09/2003 EGG Final preparation of answer and affirmative defenses; service and 0.50 87.50 filed same. 09/10/2003 EAB Received assignment regarding prohibition on uses and exclusion 2.00 350.00 from municipal boundaries; and began legal research and analysis of the case law on prohibited uses. 09/10/2003 JB Court run District Court to file defendant's answer to complaint. 0.50 25.00 09/11/2003 EAB Legal research on cases regarding exclusionary zoning. 3.00 525.00 09/12/2003 EGG Preparing strategy memo. 2.00 350.00 09/12/2003 EAB Legal research and analysis of case law on exclusionary zoning. 1.50 262.50 09/1512003 EGG Telephone conference with John Pericles, State Attorney's Office, 2.90 507.50 prepared litigation strategy; analyzed judicial authorities'. 09/15/2003 EAB Finalized research on exclusionary zoning and strict scrutiny 4.00 700.00 Payment is due upon receipt. , Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -140 Statement No. 14836 Page: 3 analysis of zoning ordinances that impinge upon a fundamental right; and drafted memorandum to file. 09/18/2003 EGG Attention to providing governor's assistant, Ms. Rodriguez, with : 0.20 35.00 pleadings. 09/19/2003 EGG Telephone conferences with Ms. Raquel Rodriguez, ass't. general 0.40 70.00 counsel, Governor's office, regarding intervention in action by Attorney General; with Ms. Kathleen Von Hoene regarding same; with mayor Feliu, vice mayor Russell and commissioners. 09/24/2003 EGG Prepared for and attended rule 16 scheduling conference with 2.50 437.50 opposing counsel; initiated settlement discussions. 09/25/2003 EGG Analyzed recent federal ripeness decision involving 1 st amendment 0.50 57.50 claim under statute where enforcement is not threatened and evaluated use of case as authority for motion to dismiss. 09/30/2003 EGG Attended meeting with mayor Feliu and Ms. Davis regarding 0.50 87.50 settlement strategy. Total Professional Services 14,882.50 Discount: - 1,488.25 Rate Summary Earl G. Gallop 17.80 hours at $175.00 /hr 3,115.00 Luis R. Figueredo 52.60 hours of $175.00 /hr 9,205.00 Eve A. Boutsis 14.50 hours at $175.00/hr 2,537.50 Jordan Braswell 0:50 hours at'$ 50.00 /hr 25.00 Total hours: 85.40 Expenses Mileage 3.00 Courier charge 38.00 Legal research 266.94 Sub -total Expenses: 307.94 Payments 10/07/2003 Payment Ck#42638 26,077.70 Sub -total Payments: 26,077.70 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -140 Statement No.: 14836 Page: 4 For Professional Services 13,394.25 For Disbursements Incurred 307.94 Current Balance: 13,702.19 Previous Balance: 26,077.70 Payments - Thank you 26,077.70 , Total Due 13,702.19 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %o'per month will be charged if payment is not received within 30 days. '— i- 4- :�._..,- •-ate,. ...rte- �,;*F'�-*�;:,.'- .,r .,-x. ..._:: ��s „_.:; �+�:;u,a.,,°..�„�r�`, ,,,;.a'Yaa�., ..., _`- �,�P?cz? ate, r'�;.;;`�i= a� _ 'k'a;_„rsza..t CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854- 5353 Facsimile: (305) 854 -5351 October 9, 2003 Hakeem Oshikoya Matter ID: 0022 - 141 Finance Director Gregory Feldman v. City of City of South Miami 6130 Sunset Drive Statement No. 14837 City of South Miami, .FL 33143 Hours Amount 09/15/2003 EAB Analysis of complaint; section 112.532 and 112.534, Fla.Stat., and 0.70 122.50 causes of action identified by Capt. Feldman; and prepared memorandum to file. 09/16/2003 EGG Analyzed compliant for mandamus, injunctive relief and damages 2.50 437.50 for violation of federal civil ,rights statute, 42 USC 1983; evaluated desirability of removal of action to federal district court; attention to insurance coverage for claims and provision of defense by FLC; checked to verify complaint transmitted to FLC, date of transmission and time for filing notice of removal; telephone conferences with Mr. Morrison, FLC, and confirmed coverage and assignement of defense to Mr. McDuff, with Mr. McDuff' regarding removal of action to federal district court; transmitted e-mail communication to comm'rs. and Ms. Davis. 09/24/2003 EGG Instructions to work attorney regarding initiating settlement 0.30 52.50 discussions and preparing a tolling and standstill agreement. 09/25/2003 EAB Telephone conference with Mr. Neil Flaxman regarding possible 0.40 70.00 stay;; telephone conference with Mr. McDuff; and prepared memorandum to file on stay issue. 09/26/2003 EAB Drafted letter to Mr. Flaxman and e- mailed update to Mr. McDuff. 0.30 52.50 Total Professional Services 735.00 Rate Summary Earl G. Gallop 2.80 hours at $175.00/hr 490.00 Eve A. Boutsis 1.40 flours at $175.00 /hr 245.00 Total hours: 4.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at.a rate of 1.5% per month will be charged if payment is not received within 30 days: Nagin Gallop Figueredo P.A. CONFIDENTIAL'- ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -141 Statement No.: 14837 Page: 2 For Professional Services 735.00 For Disbursements Incurred 0.00 Current Balance: 735.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 735.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 21, 2003 From: Maria V. Davis l AGENDA ITEM # City Manager Re: Commission meeting Oct. 21 2003 FY 2003/04 Allocation of Funds To Commission for Senior Citizens RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE :CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FUNDING OF CITY BOARDS, AUTHORIZING THE CITY MANAGER TO ALLOCATE $2,000 FOR THE COMMISSION FOR SENIOR CITIZENS' ACTIVITIES IN THE 2003/04 FISCAL YEAR, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization for the City Manager to allocate $2,000 to the Commission for Senior Citizens' activities in the 2003 /04 fiscal year. The allocation is to be accomplished by transferring the funds from the General Contingency account number 001 2100- 519 -9920 to an escrow account which will be created for the board. Any funds donated by members of the City Commission from their personal expense accounts, as previously expressed, for the activities of the board will be used to defray the amount that will be transferred from the General Contingency account. Allocation of these funds to the Senior Citizens board will be in line with the appropriations approved for other City boards in 2003 /04 fiscal year budget. RECOMMENDATION Approval is recommended. 1 2 3 RESOLUTION NO. 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FUNDING OF CITY 7 BOARDS, AUTHORIZING THE CITY MANAGER TO ALLOCATE $2,000 8 FOR THE COMMISSION FOR SENIOR CITIZENS ACTIVITIES IN THE 9 2003/04 FISCAL YEAR, AND PROVIDING AN EFFECTIVE DATE. 10 - I I WHEREAS, the City Commission approved ordinance number 1 -02 -1769 to create the 12 Commission for Senior Citizens to address the 'critical needs of the South Miami older adults; 13 and 14 15 WHEREAS, the 2003/04 fiscal year budget does not have appropriation for the activities 16 of this board; and 17 18 WHEREAS, the City Commission wishes to authorize some funds for the Commission 19 for Senior Citizens 2003 /04 fiscal year operations. 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 authorized to transfer $2,000 from the 'General 25 Contingency account number 001- 2100 -519 -9920 to an escrow account for the Senior Citizens 26 Commission. 27 28 Section 2. That this resolution shall take effect immediately upon approval. 29 30 ''PASSED AND ADOPTED this day of 2003. 31 32 ATTEST: APPROVED: -33 34 35 CITY CLERK MAYOR 36 37 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: i ,,. ,, .ra. u'.r+:; �: .� �.s... -,. ,. + .. - .— ^ --,-,. rs= .—,�,: +^°? rf ,� *.+� , -1 "1 I s7fi.w „ ? .- „�._.- � �.r+ 7 .,;ss.. —!�a '7 ^-a^r —.�--mrF' �+:"�'m'"�,�°'g? you -r South Miami AtAmeftC11 •. INCORPORNEO �0 IRE X 2001 Excellence, Integrity & Inclusion TO: Honorable Mayor, Vice Mayor DATE: October 21, 2003 and City Commission FROM: Maria V. Davis j ITEM NO. City Manager RE. Approval Special Event RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY "SUNSET TAVERN' FOR AN ANNUAL HALLOWEEN BLOCK PARTY THAT WOULD BE HELD ON FRIDAY, OCTOBER `31, 2003, LOCATED ON SW 59M AVENUE BETWEEN SW 72 STREET (SUNSET DRIVE) AND SW ,73' STREET; PROVIDING AN EFFECTIVE DATE. BACKGROUND The City of South Miami City Commission on February 18, 2003, adopted a Resolution No. (27- 03- 11576), providing guidelines for Special Events. Sunset Tavern would like to close down Dorn Avenue for a block parry. Entertainment will include several different bands,. ranging in a variety of styles of music, games and entertainment for the entire family from 6:00 pm. until midnight. The following costs will be covered by the applicant: Parking Meters: 14 "X $15.00 = $ 210.00 Barricades: 25 barricades $ 25.00 (Flat fee due to weekend event) Police: One Officer 3 hrs. 2 Officers 6 hrs. (See attachment) $ 235.00 (Includes radio rental charge) Street Closure: SW 59 Avenue from SW 72 Street to SW 73 Street 7,560 square feet X .05 Per sq feet $ 378.00 Public Works .(Not utilizing Public Works -has his own team) $ 0 Total Estimated Cost: $ 848.00 (Deli -Lane paid a deposit of $600.00, plus paid for a balance due of $248.00) Total Balance Due $ 0 RECOMMENDATION Approval is recommended. Street closure fee is being assessed, along with police, meters, and barricades will be paid by the applicant. (Aplicant has already paid, see attachments). Attachment: Resolution No. (27 -03- 11576) Application Attachments MVD/MST Coma M Special Event Tavemw kpey&ft i im`.'i°..- rrew;i m*.T, mx"; ➢°^;r"" .�. .- rs- !r ";°.- ,..- "^>s_. „ .,m- --9'- �.w �FF'��."i't- z.,i.:,...s f`i+�, , }. �":^„r. .-. 4 }�*'igly' -�,si "��,+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14` 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 409 51 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL.EVENT PROVIDED BY "SUNSET TAVERN" FOR AN ANNUAL 'HALLOWEEN BLOCK 'PARTY THAT WOULD BE HELD ON FRIDAY, OCTOBER 31, 2003, LOCATED ON SW 59TH AVENUE BETWEEN SW 72 STREET (SUNSET DRIVE) AND SW 73RD STREET; PROVIDING AN EFFECTIVE DATE: WHEREAS, The City of South Miami City Commission on February 18, 2003, adopted a Resolution (No. 27 -03- 11576), providing' guidelines for Special Events; and `WHEREAS, Sunset Tavern has requested the closure of Dorn Avenue for a block party; and WHEREAS, The entertainment will include several ' different bands, games, food, and dancing; and WHEREAS, This event will provide a variety of entertainment for the entire family and South Miami` community; and WHEREAS, Cost of street closure, police, public works and City meters will be assessed to the applicant: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,` FLORIDA: Section 1. The City Manager is hereby authorized to approve the Sunset Tavern annual Halloween Block Party to be held on October 31, 2003, in the City of South Miami, and will request the closing of SW 59"' Avenue between SW 72 Street (Sunset drive) and:SW73`d street from 4:00 p.m. — 1 :00 a.m. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 2003. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM; CITY ATTORNEY Special Event Sai-t Tnvem Block Party.Reso. �W t. j .. _ Application for the purpose of conducting a Special Event in the City of South Miami shall be filed in the City Manager's Office, not less than twenty -one (21 dU prior to the effective date together with all the requirements. Name of OrganizationN Telephone ` -t'�-� (Ofce) �K,� - lQ Home) Address of Organization �6 � S ✓ 5A 4 V Name of Principal Officers and/or manager of Organization: Presiden C Secretary Address Address Office Phone ?C)g q q2, `'f Office Phone //4 E -mail Address d t I lEst E -mail Address C onjtk e r) —Briefly describe event and purpose: Location of Event: (Name Streets /City Park) VC ➢ (A rental fee will be applicable if a City Park is being utilized. Reservations are made through the Parks & Recreation Department (305) 663 - 6319). The proposed date(s) and hours of operation: r!" Set -up dates and times t DM OGT Clean-up completed by r 1.00 am Time of Actual Event: From: ( p ) To: x�3"- h°'F^A' ., :,. a. .',...< .—m „.— e ,. i' ..r^.'* ^T _z?= "q'`.^r.`"• ",i;.3ywe' .£"'„FC t"T^C n' .t,_'_'",''u."°='RL' _ 'R'a`W""* Wi'R�vr'.'F Page # 2 To what extent, if any, would the City benefit: 6 L e-,�-i7D Please give any additional information deemed pertinent to this application: The following person(s) will be in direct charge of the conducting the activities: Name �� Address ANk,� Phone °' Rfo . C Sn Name (s) of person(s) who must be on site with authority other than applicant to expend funds or make major changes in case of an emergency: NuW ss Phone The following firm(s) will be utilized to promote this event: Name -- Phone L- osr X33 Approximate number of Participants Spectators General Requirements: In the event of a parade, a permit from the South Miami Police Department must be obtained. Contact person: Lieutenant Bruce Ross 305- 663 -6313. When marking any public street, curb and/or right -of -way no permanent marking substance may be used. All markin a efts must be removed immediately after the completion of the event. Please initial Barricades shall require an additional rental fee established by the Public Works Department. Page 3 Any temporary cover for stations such as a canopy shall be flame retardant and applicant shall provide proof of such certificate. No pegs, stakes, or anchoring vices shall be driven into concrete,' asphalt, or City hardened right. - of-way. Please initial If Police service for traffic and/or crowd control is required, arrangements will be made through the City of South Miami Police Department for off -duty Police officers. The Police Department` will determine the number of officers required. Specific Requirements; All organizations sponsoring special events using public prop or public streets within the City of South Miami must receive prior approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the Mpproved special event. The adopted resolution may also specify an additional monetary contribution to be made by the 'organization to the City, the resolution shall spec_ft as how the additional monetary contribution is to be used by the City. Map of route or site plan of the scheduled event including all stations and descriptions of activities. ✓ A majority vote of approval (one -month in advance) by the City Commission will be required for large events - Deposit of Six Hundred Dollars ($600.00) to defray cost of litter clean -up, must accompany application plus' permit fee of $60.00. If clean -up is not required, deposit may be refunded. The litter deposit may differ depending upon the event. ❖ The following schedules of fees could be imposed for any special event; they are as followed: ❖ Public Works— The average hourly rates are approximate $20.00 per employee, per hour, ❖ Barricades: The average hourly rate for 125 Barricades for one :l da usage is approximately $75.00. ❖ Approximate dollar(s) for Police Officers: Extra duty pay for Supervisor is $35.00 per hour. Extra duty pay for Officer is $25.50 per hour. ❖ Onetime radio fee: ; $3.00 per officer, per day, per radio •S Cost of Meters: $15.00 per day, per meter. Page 4 Street Closure Fee: Non- Profit .05 per square foot Profit Organization .10 per square foot - ❖ Banner fee: $75.00 (This fee does not include the placement of the banner). ❖ Hanging and Removal of a banner: $200.00 (Cost incurred by the City ➢ For Grant Recipients: Payment of these charges could be deducted from the designate d grant amount approved by the City. Public liability insurance co a e certificate naming the City of South Miami as an additional insured fo ime date lace and name of the event in the amount of $1,000,000 is re ' ed rior t the event! Signed: Name Title 1 Address Phone r�7-D, . q�-i� Sub ribed an s orn o befo me, this NOMY R ft - Skft d rllilOnBl�wKpAkAM CONW&AM# o ay Public State F Ida at Large bAW e Application Fee: $60.00 Received by Date 1 ®a Time i 0 IVA. REVIEW BY CITY OFSOUTH M AMI DEPARTMENTS (Provide estimate of number of personnel required from your department to provide appropriate services for this event; along with an estimate of cost to applicant). City of South Miami Police Department Public Works Department Authorized Signature Authorized Signature Recreation Department APPROVAL BY CITY MANAGER Date Authorized Signature APPLICATION for special Fxant Nx13 ' MF RESOLUTION NO. 27-03-11576 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO SPECIAL EVENTS, SETTING FORTH A POLICY ON FUNDING SPECIAL EVENTS AND COSTS ASSOCIATED WITH SPECIAL EVENTS AND; PROVIDING' AN EFFECTIVE DATE. WHEREAS, public property and public street locations within the City of South Miami are used by organizations for special events which are beneficial to the City and its residents; and WHEREAS, such special events may require City services and resources to be expended in order to provide security, clean up, banner hanging, street blocking, covering of parking meters; and WHEREAS, the Mayor and City Commission desire set forth a policy requiring reimbursement to the City for all revenues' lost or expenditures made for special events. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MLOH, FLOIRDA, AS FOLLOWS: Section 1. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must reimburse the City for all City revenue loses, and City expenditures associated with the approved special event. h Section 2. All organizations sponsoring special events using public property or public streets within the City of South Miami must receive approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event Section 3. The resolution described in Section 2 above may also specify an additional monetary contribution to be made by the organization to the City; the resolution shall specify as how the additional monetary contribution is to be used by the City. Section 4. All organizations sponsoring an approved special event which closes a public street within the City of South Miami, must provide in advance, a petition 'signed by a majority of businesses facing the street affected by the approved special event. Section 5. All organizations sponsoring approved special events using public property or public streets within the City of South :Miami must agree in writing as to pay the actual the amount of City revenue loses and final City expenditures associated with the approved special event. 27 =03- 11576 (2) Section 6. All organizations sponsoring approved special events using public property or public streets within the City of South Miami which have been allocated monetary grants in the adopted City Budget, should pay for the required reimbursement from the designated monetary grant. Section 7. This resolution shall be effective immediately after the adoption hereof. r PASSED AND ADOPTED this 18th , day of February 2003. ATTEST: APPROVED: IfAazz rei, to :i - -k CI CLERK MAYOR READ AS TO FORM: Commission Vote: 5-0 Mayor Feliu Yea Vice Mayor Russell Yea Commission Bethel Yea ATTORNEY Commission McCrea Yea Commissioner Wiscombe Yea w September 24, 2003 Description Annual Halloween Party `Sunset Style` 2003 3 bands and a D] with one stage will play throughout the evening. Sunset Tavern will have booths outside with food and beverages. 59th Avenue will be blocked off and decorated for Halloween. Games, contests and parade will be the highlight of the evening. Objective: To promote our company by participating in the event which will attract a wide diverse customer base and market South Miami small businesses. The event will support Project Yes, a non - profit organization. Local media in attendance. SEP 2 IY MANAGER FROM FAX NO. Friday October 10 2003 Maria Davis City Manager City of South Miami, Florida 33143 Dear Ms. Davis, Jul. 09 2002 08:09PM P2 Sunset Tavern and Deli Lane Cafe are in the planning stages of our 3`a Annual Halloween gash to be held on Friday October 31, 2003. We are seeking the necessary permitting to close Dorn Avenue from #pm until midnight as we did last year. This event is benefitting PROJECT YES, a non profit organization that was also involved in last years event. The event will include 3 five bands housed in the Budweiser trailer facing Sunset Drive that will be performing from 6 pm until midnight. There will be games for the kids, clowns, face painting, novelty booths and alike. We will be serving food and drinks and there will be a costume contest with 3 winners. We anticipate about 500 people in attendance. Last years event was a huge success and are plans have and continue to be to make this a signature event in the city of South Miami. The response of our customers and city officials who attended last year was all positive and has played a large part in our decision to do it again. As in our business we take full responsibility for this event and plan on being on hand through out the evening. If you have any other questions or concerns please do not hesitate to call me directly. My cell phone is 786.402.1162. Thank you and we look foward to your full support at the city commission meeting. Re ait) Janet j PresiDeli L unset Tavern CORPORATE OFFICE 7232 SW S9 Avenue • South Miami, FL 33143.3051663.4424 Fax 305/663.4401 www,delilane,com www-delilanexom /sunsettavern 71" MrWWEF� FROM FAX NO. : Jul. 09 2002 08 : 10PM P4 Making our world safe for ALL youth 5275 Sunsat Drive; Miami; Florido 33143 -5919 Phone 305,663.7195 Fox 305.663.7197 www.projeclyes.org P R C J E C T. Y E Board of Directors Doug DeBoer, cbalr October 10, 2003 Paula Black, K* 6.1, Robert Oldakowski MBA, rm A0&rer Nancy Allen, Ma Seaewy Connie Barden, MSN, CCRN, CCNS Tim Dugan, maA Marty'Flarris Jan Kirthoff Elsie Miranda, MA, PM, Ed. Ms. Maria Davies Koren Ration, MD Bill Re63, MDA City of South Miami - P. •eat r Miami, Florida stafF VirefAa, Martha Fugato Dear Ms. Davies: mucaffanal spec %Piis, L;'i"' Carolyn s. Garwood, Ph.D. Jtlragiaync,Caer e0 and i/ispanle Coo /dinoAp� This is to advise you that .Deli Lane will be hosting a fundraising event to Evaleivas- Angina benefit Project YES this month, proceeds` from this event will go directly to JosephrZolob zuk ' . Joseph Yolobezuk undem rite all our programs. Pgrticiaati I[�Orypniz 'gnf The SJ- 91 11oerd of aroward cm nty, °`-r Project YES is a non -profit .educational organization . providing information, of Resource �ro Resource `�'chlld education and resources to the entire community on gender and orientation, "''P""'n"°doty Project ChiWrph Heme Sodoy Cl+ldrCidi to prevent suicide and ensure the healthy development lesbian, ank Florid Center Cltsa,hk Florida Cocal ()ables Congregational Churdh Dode bisexual and transgender youth. Community Foundation Nde Dod`°"a "`°ublicS A/PTSA Dada County Public Schools, Division I have enclosed a copy of our 501' Cc) (3) Designation Letter for your records. Dade Human Rights FaondaKan Han Rights foundation Department of Labor do not hesitate to call me if you have any. questions regarding this familyIteseurco Center taste O'Donnell For All *ds Fouhdodon aroaterBe" matter. AME Church' Health Foundaton of Saudi Florida A. D. Henderson FaondoKon': Jewish Family Services`: at. Miami �atmson A wales University CM The Joumoy Institute Your , Kiwanlsdub, Neghshore Chapter Klwanis Club, KeyBiscayna Krisl Fgun Lewis Family FoundoKons Eva LeivaZ Andin Mamorial.Regional Hospital Miami beach Adult Education Center Miami go." Police Department Miami Roach Senior High 5.h 0101 Miami Bridge Youth n Family Services Minlsroriel Association of Dohlonagn, 6A Mmhers' Yuan South Florida New Wbrld Sympho y mh ConNreo Cammunlry 1461166 lNCCJI North Dade Medical Feandatan n Pzogram..M er - . Jertlh Georgia oil*" A Sierra UniNnirsity, Department of Education RlviewPresbytedanQturdh' Rabies Foundation Rahu:y Bohan Rape Treatment Center Ruth Anderson Foundation 1. SAYE Dodo South Miami Hospital Switchboard of Miami Temple Isipel of GrewterMlam UAINd way of Miami -Dodo County University of Miami Adele+aont clinic The Village South'. VITA$,Ine. rl 11oamAtQN ;NJiroF HEALT eased A'01u d CCU pieaa.r lkrneo YBav-0rr Grp:utaa� :. .. w`Nw.proiectyes.orgheu Tv�s� -- =nom. .,�:: _;� ,.- .M� ---.� ,. ,.:, :r.-,� ��n, ;- r- s��.r..� ..�s��m- .'�.�.r ,�^, ,,,.: , ,� .�:,,, •r- .-- ��,,.� n„ ._. :air ,�'r�-��- .:�+��'2 �'��_«�,,. FROM FAX NO. Jul 09 2002 08 :10PM P5 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. 0. BOX 2508 CINCINNATI, OR 45201 ��UOt Employer identification Number: Date : 65-0646667 DLN 17053048779041 PROJECT YES INC Contact Person: C/O MARTHA FUGATE DIANA L BOYNTON IDS# 31384 5275 SUNSET DR Contact Telephone Number: MIAMI, FL 33143 (877) 829 -5500 Our Letter Dated: July 1996 Addendum Applies: No Dear Applicant:' This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501('c)(3) is still in effect. Based on the information you - submitted, we have determined that you are not a private foundation within, the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi)'. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to.the contrary. However, if you lose your section 509(a)(1) status, a grantor or 'contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act', or failure to act, or the substantial or material change on the part of the organization that resulted in your loss: of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section '509(a)(1) organization. You are required to make your annual information return, Form 990 or Form 990 -EZ,, available for public inspection for three years after the later of the due date of the return or the date the return is filed.- You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual` upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax - Exempt Status for Your Organization,'or you may *call our toll free number shown: above. If we have indicated in the.`heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Letter 1050 (DO /CG) FROM : FAX N0. : Jul. 09 2002 08:11PM P6 -2- PROJECT YES INC Because this letter could help resolve any questions about your private foundation status, Please keep it in your permanent records If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, IL Steven T. Miller Director, Exeript - Organizations Letter 1050 (DO /CG) 7 FROM FAX NO. a Jul. 09 2002 08 :09PM P3 OCT, -t0' 03(FRI) 14:06 BUSINESS TEL :306 66916000 P. 001 At3itaTY INSURANCE o6w6 � ' uGIRIFfGAT� OF L� 1" Isst�D �►� A MATTER t� wFOA�uA�on PRnpur� THIs� c�l�l�cAt� Is ONLY AND CONFCAR NO "IGtrfO OPGW YNK O -M NO'f AMEND, WIND summit GIollsil Partns;,rs s it G141810 HOLDER. TMg CEWMCATE 0015 ALTS THE OOYiiRA� AFF 1bi� GY 111E PDUCM5 BGCOW. 0• Coral Ga01os, PL 33114.11916 INs4uarft AMFORDWG COtIBRAGE � Flra 8, CriweltGamistllrut _, — — — Mal -of. Inc. INg�FFH &_undarwrltrr+ tt laoyd`8 _ — - 7 30 SW S9 AVe 2 0 Miami, FL 33143 I INSURFA 0! .IN ERfi COVERAGRB HN wlCdf TM SER rIPC� M1 aA p S T M ur E SPD TM� 7E I C MS M R �1 HS FOI.IC'ESDF ITB E C I � NVNI U 7 ANY REOU R S MEN , TM ORCOND � � OR OTHER BY TNIE pOLIG1ES DESCRI86i? HEREIN (S 9[1pJECT TO ALL lNE ?�M&p(aLlGIONS AND CANDRIONSCFICS MAY PI:PtT/�IN. THE INSURANCE AFFORDED Aoafl_FGATE LIMITS 6HOWN MAY HAVE SEEN REDLICFA BY Pa1D MA MS. ___ _ POLICIES. NC .. _TIEeaFIN4uRFnCU POWIVNUMO9'R 1871111103' d714Uoa - A 09NW4 L1A6lUTY RSE211170 I�E-ACMIoa_ I F�REOrJAACeiA►wao fro) (si00 000 -L - X COMMGRGW.GENERALLI011ITY 1 CLAjMG n� L7& oc�►� Mso osv Ww gee ,U, . -- – gi F► aaNU a noY INJURY a�,Q06�000 _ I GENeRAi.oaa►YE iZ QOOAniI = PR�iC7Y -C vIOP A00 6I OQQ�QLI�_ `� GEN'L�90RECSaTPLIMrTAPfK.�pEFI= I P I POLICY LOG I COi16�?A fiINGLC bIM4T 16 AyT0Y0A1L6 LIA6ILITY I � I ANY Auto oWIVEp �idT� ` -, 9CW.Y INJURY { ®CRE4ULPD AUTO11 — -- HIROO A006 i I DWI.Y{NURY (pKwC14m0 NON.OW NEP AUTQ$ ` ALIIESLY -GAA e6vaL�6AAOlA9.IY CN� aNY AviO i r _.. —., — Mr SA ace 3 ay7o DNLY= AOC� i E>< M UAIMLFI OCCuA 7. _1 CL,AIW MADE �EAGM.OGCtI�IRENCE –.-... -�. � p�1JCi1RLE � i wagxm aoMPLnsAW* AND - I emp" WrIW LIAIMIL!" Z EACH DOW? ' S I t MI! •6A19-FLOYEB s 1 I F- w _ U 0"A Contents I0a781�i A 07111103 07111104 i 51,973.000 TTY pESCwPrnoN oP tlonerLVaA�oNw6 ►urtFSR�oa�aanb�oo6c BY EN06R99MENTWEMALPFN Nlaowo Cwtlticate holdor to Addltiong Ini4red with respect to the ¢onaml Wabllity policy, 'VYnet WOW 315t outside at the outside 4enln8 area. C@ IC tE am AL euR p� C 71 tlNW{ D ANYOP7NEABOYe vsit:RKKO 14.�OIRcBG CAMCBLLEO 0Cr011C TMe URRA710N CITY OF SOUTH MIAMI BL-00 ZONING PA1F111OMP. rnE IMNO ROUWn JAIILL ENDEAVOR TONAL30— DAkwRIfEN a COMM OVLP NonOPTOTHi• cslyfitOATR NDLApPNIWEDTa7?lEl CR, AuYFA14uNfi TODpSt16MALL 8190 SUNSET DR '2 KR ► Mr+ ameHooBUaanoNoawatLmaFwrwN4uroNn�ev +auaee,ns4oenroafl S ML4MI1 FL 33143 RFnaaatNrAry�^ aurHOA�oRerrar�euTA ACOR0 26-$ (7ffl7) i 02 ds9016s21M36s00Y JOM a AcowA C01RpoAa7laN 10 sour South M'wmi a� �q N � INCA po A I 421 p� CITY OF SOUTH MIAMI 111 TO: Honorable Mayor, Vice Mayor DATE: October .21, 2003 and City Commission FROM: Maria V. Davis 1. ITEM NO. City Manager RE: Funding for FY 2003 -04 Special Events RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE DISBURSEMENT OF FY 2003- 04 FUNDS UP TO $56,020 FROM ACCOUNT #001- 2100 - 519 -9910, ENTITLED "SPECIAL EVENTS" TO SAFE STREETS HALLOWEEN, SOUTH MIAMI ART FESTIVAL, RED SUNSET HOLIDAY EVENTS, ART EXPO, THE MARTIN LUTHER KING JR. PARADE, SANTA'S PARADE OF THE ELVES, CITY HOLIDAY EVENTS, FARMER'S' MARKET, SOUTH MIAMI ARTS AND CRAFTS FESTIVAL, AND FOOTWORKS FUN RUN, AND ACCOUNT NUMBER 001 -1100 -511 -9910, ENTITLED "CONTRIBUTE /SPEC.EVENTS "- CITY COMMISSION, TO COMMUNITY RELATIONS BOARD, COMMISSION FOR WOMEN (JR. CFW), AND THE HISTORIC PRESERVATION BOARD; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City of South. Miami is committed to enhancing the quality of life of its residents by promoting local activities and special events that enrich our community. This year, various organizations and local boards, as well as special City. - sponsored events, were approved to receive funding assistance in order to implement activities and special events that serve to promote the goals of the City. The list below details the recommended funding levels for FY 2003 -04. Funding will be disbursed from account #001- 2100 - 519 -9910, "Special Events ", the remaining account balance will be -0 Event FY2003 -04 South Miami Arts Festival $6,840 Safe Streets Halloween $3,000 Art Expo $6,840 MLK Event (Parade) $6,000 Santa's Parade of the Elves $8;000 City Holiday Events $3,000 Red Sunset Holiday Events $3,000 Farmer's Market $5,000 South Miami Arts and Crafts Festival $6,840 Footworks Fun Run $1,000 Subtotal $49,520 Funding will be disbursed from account #001- 1100 - 511 -9910, entitled "Contribute /Spec. Events' City Commission: Event FY2003 -04 Community Relations Board $ 2,500 Commission for Women (Jr. CFW) $ 2,500 Historic Preservation Board $ 1,500 Subtotal $ 6,500 Total amount $56,020.00 RECOMMENDATION Approval Attachments: Resolution 1 RESOLUTION NO 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, APPROVING THE DISBURSEMENT OF FY 2003 -04 5 FUNDS UP TO $56,020 FROM ACCOUNT #001- 2100 - 519 -9910, ENTITLED "SPECIAL 6 EVENTS" TO SAFE STREETS HALLOWEEN, SOUTH MIAMI ART FESTIVAL, RED' 7 SUNSET HOLIDAY EVENTS, ART EXPO, THE MARTIN LUTHER KING JR. 8 PARADE, SANTA'S PARADE OF THE ELVES, CITY HOLIDAY EVENTS, 9 FARMER'S MARKET, SOUTH MIAMI ARTS AND CRAFTS FESTIVAL, AND 10 FOOTWORKS FUN- RUN, AND ACCOUNT NUMBER 001- 1100 - 511 -9910, 11 ENTITLED "CONTRIBUTEISPEC.EVENTS "- CITY COMMISSION, TO 12 COMMUNITY RELATIONS BOARD, COMMISSION FOR WOMEN (JR. CFW), AND 13 THE HISTORIC PRESERVATION BOARD; AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the Mayor and City Commission of the City of South Miami support community events and 16 local activities, which positively impact the quality of life enjoyed by the City's citizens; and, 17 18 WHEREAS, local community groups and organizations have expressed an interest in organizing and 19 implementing special events and local activities that further promote the goals of the City of South Miami for 20 quality living; and, 21 22 WHEREAS, the Mayor and City Commission of the City of South Miami acknowledge the positive 23 contribution of these activities and special events by approving funding assistance for their implementation. 24 25 NOW, THEREFORE„ BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 26 ° OF SOUTH MIAMI: 27 28 Section 1. The City Manager is authorized to disburse up to $49,520 from account #01 -2100- 29 519- 99.10 "Special Events ", and distribute up to $3,000 to Safe Street Halloween, up 30 to,$6,840`to South Miami Arts Festival., up to $6,840 to Art Expo, up to $6,000 to 31 the Martin Luther King, Jr. Parade, up to $8,000 to Santa's Parade of the Elves, up to 32 $3,000 for City Holiday Events, up to $3,000 to Red Sunset Holiday event, up to 33 $5,000 for the Farmer's Market event, up to $6,840 to South Miami Arts and Crafts 34 Festival, and up to $1,000 to Footworks Fun Run; for the purpose of organizing and 35 implementing these annual activities and special events. 36 37 Section 2. The City Manager is authorized to disburse up to $6,500 from account number 001 - 3s 1100 -511 -9910, "Contribute /Spec. Events " - City Commission, and distribute up to 39 $2,500 to Community Relations Board, up to $2,500 to Commission for Women (Jr. 40 CFW), and up to $1,500 to the Historic Preservation Board. 41 42 Section 3. This resolution shall' take effect immediately upon approval. 43 44 PASSED AND ADOPTED this day of , 2003. 45 46 ATTEST: APPROVED: 47 48 CITY CLERK MAYOR 49 Commission Vote: 50 READ AND APPROVED AS TO FORM: Mayor Feliu: 51 Vice Mayor Russell: 52 Commissioner Bethel: 53 Commissioner McCrea: 54 Commissioner Wiscombe: 55 CITY ATTORNEY Revised Special Events Budget 2003 -2004 South Miami Arts Festival $ 6840.00 Safe Streets Halloween $ 3000.00 Art Expo $ 6840.00 MLK Event (Parade) $ 6000.00 Santa's Parade of the Elves $ 8000.00 City Holiday Events $ 3000.00 Red Sunset Holiday Events $ 3000.00 Community Relations Board $ 2500.00 L, Commission for Women (Jr. CFW) $ 2500.00 f Historic Preservation Board $ 1500.00 &V4 cef Farmer's Market $ 5000.00 South Miami Arts and Crafts Festival $ 6840.00 Footworks Fun Run $ 1000.00 Sub total $ 56,020.00 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 21, 2003 s From: Maria V. Davis AGENDA ITEM 4—ff City Manager is Re: Commission meeting Oct. 21, 2003 Authorization of Interim City Clerk As Signatory on City Bank Accounts. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE INTERIM CITY CLERK AS SIGNATORY IN CITY BANK ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND On September 16, 2003, by a unanimous vote of the City Commission on Resolution number 163 -03- 11713, Ms. Maria Menendez was appointed as the ; Interim City Clerk. The attached resolution is requesting your authorization for her to be a signatory on all City bank accounts in accordance with Section 2 -8(d) of the City of South Miami codes of ordinances which provides for her to sign or countersign all city checks with either the City Manager or the Finance Director. With approval of this resolution, the Finance Department will forward her signature to all banks servicing our bank accounts effective immediately. RECOMMENDATION Approval is recommended. I 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 to 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 Manager 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 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 t soul, CITY OF SOUTH MIAMI South Miami e �q Ail- AmericaCity' Inter= office Memorandum INCORPORATED 1927 p O R1 0 2001 TO: Honorable Mayor, Vice Mayor DATE: October 21, 2003 & City Commission r FROM: Maria V. Davis 1 AGENDA ITEM No. City Manager A& RE: Authorizing the C ty 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 accepting the City's offer to extend the contract 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. r. .. Page 2 of 2 Comm. Meeting Agenda October 21, 2003 ATTACHMENTS: • Proposed Resolution • Resolution No. 112 -01 -11260 ❑ Copy of original agreement with Kimley -Horn & Associates, Inc. ❑ Letter from Kimley -Horn & Associates, Inc. dated October 9, 2003 I 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF s 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: ,tom 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: 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 71-h day of Augj1 st , 2401. ATTEST: APPROVED: JV ..CITY CLERK MAYOR Commission Vote: 4 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: put of town Commissioner Russell: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wiscombe: Yea ffi= �a ` PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this 30"� day of , 20 01 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred 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 I - 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 r.•�:, ied in paragraphs 2.3 Additioml Professional 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. ,. .. r;., 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 z 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 l nvi :•cnrrental Engineering, to including, site investigatiu aid desigr needed to-7 :yore rellictifiation plans to mitigate underground storage tanks, hazardous tivaste 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. T,-.e Schematic Desic, StUdic:s ( unless advised otherwise) shat �, cast of alS plyns, elevatio73, sections, etc. as 1equi :od'�, shin 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. 1. 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 lI — 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. .y 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" x36" 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 l5 �,. 2. Drawings in AutoCAJ) 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 farther 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 j the total allocated finds 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. l i'. Th;; `_1 0 1,4 SULTANT 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. ■ Professional Services Agreement General Engineering Services September 2001 Page 5 of 15 2.2.4 Phase IV - Bidding a ` 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 q I I options under the City Charter and State La�N 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 ,fTW-, L er 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 of 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 a.moun? due the Contractor on ac z and he shall recommend approval ofth,° Cert, 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, lie 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 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. 1:'.E T'h<1sr: 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 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 otha! t ?,?t; b' f ult of the CONSULTANT. r, 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 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 a project, not to exceed 160 dollars per hour by either principals or employees. For t he pu ose of this agreement tVl1e following are to he corsiderec as Princ ipais: ' John Atz, P.E` Jerry InLyram, 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 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 COT�SULTM4T .61 . .� 2. The request for payment shall include the f6howinr;. irifDrmation: 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 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. SECTIONS - 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. SPEC IO',,N 7 t A -1,1- 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 II - SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 WARRANT' 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. 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 a-y completed professional services—In-the event partial paym ent has been made fo su:111 professional servic, 2, not compl':--tc .. e . _'0'1,;S:.)'LTANT shall return such'sums to the CITE' 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 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 collect ! nsurance Viat CITY riay have Tl,.; CITY reserves tke right to request 'a copy of the required pohoies for revi,,y. , li p.,li�t v 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 lof .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 —., A 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)(x). 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 or 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 C16C Charles D. Scurr, City Manager ATTE T: CONSUL T. STATE OF FLO DA ) Y. 4 c. � cs „��►� ss: Acknowledgement of City of South Miami COUNTY OF DADE • Professional Services Agreement General Engineering Services September 2001 Page 15 of 15 .+ =?m..K `.-s. +z 'o a^a,,...>s -4 , .,. _--- ,^r—•- .,m�:n„ r�,cr.. 4�-,L, r :'rt'�'"''`.: ;. ;,, a, -e ?€E"a±''Y`:, a- °-,z';,, CT""�a °"�`.: i""'r.=°a ^'r- 'ynx- .'�§'C �� "wr�ti The foregoing instrument was acknowledged before me this , day of 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. A)L' kL Notary qlic, S a of Florida ,..., Print name: ' ^ FS Nken ° ga Payne ommission CC863308 Commission No: ;,.,�'� Expires Augu3t 16, 2003 STATE OF FLORIDA ) ss: Acknowledgement of Consultant COUNTY OF DADE ) The foregoing instrument was acknowledged before me this % day of 2000 by a %Z, 134rra e s of 1►, Qrn 0-Ss#gWg4T'w., on behalf of the CONSULTANT. He is personally known to me or has produced as identification. _.,►+r'w, Daisy Duchesne Notary Public, State of Florida M : My Commission DD057193 r f rio' F •,; es September 16, 2005 `�h� . Print name? ��+ Commission No: 1)1057193 APPROVED AS TO FORM & CONTENT Earl Gallop, City Attorney ■ Professional Services Agreement General Engineering Services September 2001 Page 16 of 15 LO/09/03 THtT 15:35 FAX 305 662 6492 KIMLEY -HORN DADELAND [a 001 Kimley -Horn and Associates, Inc. ■ October 09. 2003 --- Advance Fax - - 305.668.7208 Me 411 0603 5o6 Dixie Highwq Miami, Fi dda 33143 MT_ Ajibola Balogun, REM Public Works Director City of South Miami 4795 5W 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 - referenced Continuing Services Agreement with the City of South Miami, Kimley -Horn and Associates, Inc., would consider it a privilege to accept the City's offer to extend our contract for another year. We are delighted to work with the City's staff and look forward to the diversity of the City's leadership that have resulted in its designation as an All- American projects and City. Respectfully submitted, KI Y -HORN AND ASSOCIATES, INC. Rodrig pR Associat RP /amk ■ TEL 305 662 6445 FAX 305 662 6492 go u 1, CITY OF SOUTH MIAMI South Miami r AW- America my Inter - office Memorandum INCORPORATED 1927 P A V 2001 TO: Honorable Mayor, Vice Mayor DATE: October 21, 2003 & City Commission r FROM: Maria V. Davis AGENDA ITEM No. City Manager RE: Authorizing the City Manager to extend professional engineering services agreement with Consulting Engineering & Science, 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 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 anywork. 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 21, 2003 ATTACHMENTS: El Proposed Resolution Ll Resolution No. 112 -01- 11260 LJ Copy of original agreement with Consulting Engineering & Science, Inc. Letter from Consulting Engineering & Science, Inc. dated October 8, 2003 i 1_ 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF s 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. to 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 f, 41 r 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: .. , ___. _ .................... §11 �u 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 287.0551he 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 7+ h day of A,ig�tst , 2001. } ATTEST: APPROVED: s �E 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 j CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wiscombe: Yea t PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this J!�_ day of , 200 ] 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 WORD, 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; hereinafter called the "SERVICES ". SECTIt)N I - GENERAL PROVISIONS: 1.1 The CONSULTANT may 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 j the preparation of any proposal. E 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. i f k 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. F z Professional Services Agreement General Engineering Services September 2001 i Page 2 of 15 -- i I s 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 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 i i 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 lI - 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 3'6" 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: L Non- drawing submittals in Microsoft Office format. ■ Professional Services Agreement General Engineering Services September 2001 Page 4 of 15 i I 2. Drawings in AutoCAD format. 3. GIS tiles should be in ArcView format Version 3?. 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; 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 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 1 2.2.4 Phase IV - Bidding and 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: I. 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 15 k i Co 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 WORD 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 'sha11 furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORD. 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: I . 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 WORD 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 f j 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 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. 2.2.6 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, f ■ Professional Services Agreement General Engineering Services . September 2001 Page 8 of 15 t i 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 aproject, 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 i General Engineering Services September 2001 Page 9 of 15 i 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 maybe 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: Cate go Hourly-Rate 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 I Data Processing / Clerical $40.00 ■ " Professional Services Agreement General Engineering Services September 2001 Page 10 of 15 C i i rg ;.� 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 ..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% 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 Agreement General Engineering Services September 2001 Page 11 of 15 i i 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 - ONVNERSI-HP 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 he 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 i resulting from the award or malting 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. 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 hb - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved; party 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 party 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: i Professional Services Agreement E General Engineering Services September 2001 i Page 13 of 15 i i The CONSULTANT shall maintain during the terra 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 (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. k Professional Services Agreement General Engineering Services September 2001 Page 14 of 15- ; G i i i SEC'T'ION 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 trade 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 Ile-< L4 Ronetta Taylor, City C�1erk Charles D. Scurr, City Manager ATTEST: CONSULTANT: CONSULTR4G ENGMEERINC & SCIMTCE, INC. Jury' Jones J R. Gruttm , P.E. , President STATE OF FLORIDA ) ss: Acknowledgement of City of South Miami COUNTY OF DADS t ■ Professional Services Agreement General Engineering services September 2001 Page 15 of 16 f - i j I The foregoing inst -ument was acknowledged before me this -,1 day of 1 CJ 2001 by CHARLES D SCURR and RONETTA TAY,OF, City Manager and City Clerk, respectively of the CITY OF SOS MIAMI, on behalf of the CITY, who are personally known to me.: r Not aryt lic, Stakof Florida Nkanga Payne Print name: Excires August 15, 200 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. G.ittmn of Consulting Engineering & Sc em b9haof the CONSULTANT. I Ie is personally known to me or has produced as identification. �lotary Public', Si ate of Florida j 7. ! � J Print name. + i :, , , 'y1F. 3 o, ;t °.r Commission No:f' APPROVED AS TO FORM & CONTENT Richard B. Buchnovich �` cornmission CC S17975 Expires Mar. 1+6, 200 �- •......;,. Bonded Thxu } Earl Gal1Qp, City Attorney ry�f�,� Atlantis Bonding Co., lno. ■ Professional Services Agreement General Engineering Services September 2001 Page 16 of 16 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. • Kinney -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 7t1, day of At, }ust , 2001. ATTEST: APPROVED: pl� &,"::2� CITY CLERK v MAYOR d��c Commission Vote: 4 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: C)ut of town Commissioner Russell:` Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner Wiscombe: Yea i 10/08/2003 18:17 FAX 305 3780304 -CES, INC. C Q002 CONSULTING ENGINEERING & SCIENCE, INC. Civil Engineers Coastal Frigineem Environmental SclenUsts October 6, 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, °ouz 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; end, 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 at the end of the initial agreement period_ By this letter, we respectfully request your consideration of exercising this Renewal Option; extending the term of our agreement for one (1) additional year to September 30, 2004 It has been a pleasure working with you; and, we look forward to a continued relationship of this contract. Very truly yours, :CONS LTING ENGINEERING & SCIENCE, INC. chard B ochnovich, P. E. Senior Vice President (0163) 8925 S.W. 148th Street; Suite 100 Miami, Florida 33176 • Phone: (305)378.5555'• Fax: (305)378 -9304 S CITY OF SOUTH MIAMI Inter -office Memorandum South Miami bAd All -A n WaCky 111 2001 TO: Honorable Mayor, Vice Mayor DATE: October 21, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. City Manager �J 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 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 BACKGROUND `& ANALYSIS: Corzo Castella Carballo Thompson Salman, P.A. (C3TS) has been one of our three general engineering 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 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, 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. L Page 2 o 2 Comm. Meeting Agenda October 21, 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. .°nan , . . p.,;:a,, � -..r�'?,z ts�'w.. .�_, .. €,�k...t , v.-s-s�, °�,.?;. , `r §:�•?'(x,;.. ,. 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, PA., 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: SOLUTION 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 Aiic03s1- 22001. ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: 4 -0 vREAD 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 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 Saiman, 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 A31Gt 2001. ATTEST: APPROVED: CITY CLERK q 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 pqg- PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this day of1_, 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 THOMPSON SALMAN, P.A., 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 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.' y. „s*�'^., �-- ,� , r`^. ., ^- *"- „ -"-' -- ',,, a ,� -F:- . :•. •... ,,.' <`�? .'e�".., r- �°; °�r,o. T= ;- ��rx. -m � � ...a�r.;�?- 'B�.A&;. �;a+ ',�r 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 I 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 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. L 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 Desip 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 4 of 15 2 Drawings in AutoCAD format. 3. GIS files should be inArcView 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. 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. 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 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, HMO 2.2.4 Phase IV = Bidding and 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: i . 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 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 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 L 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 CONSULT ANT 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. 2.2.6 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 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 typeset 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 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 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_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: Jory 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 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: 1'5% upon completion and approval of Phase I. 35% upon completion and approval of Phase IL 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% 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 Agreement General Engineering Services September 2001 Page 1 I 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. SECTION 916 NOTICES Any notices,i 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 communication: s 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 ofthe CITY. SECTION 12 - WARRANTY The CONSULTANT w: arrants 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 �i�rf -T-K I x', +". Y.z.'; 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. 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 party 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, 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 Cle(t c Charles D. Scurr,` City Manager ATTEST; CONSULTANT: 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. , , 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 Public, State of Florida , ' •� Nkanga Payne Print name: *My Commission Cc863308 Expires August 16, 2003 Commission No: STATE OF FLORIDA ) ss: Acknowledgement of Consultant COUNTY "OF DADS ) The foregoin in trument was acknowledged before me this 2 r day of :ice, 200¢ by S ;�g1e, of Gw 17 � on behalf of the CONSULTANT. He is personally known to me or has produced as identification. Notary Public, State of Florida , F Print name: Rr p ni+v.svorawvs�u a >10 COMMISSCN NUMBO Commission Q CC847462 APPROVED AS TO FORM & CONTENT aF 4 My COMMMSION E1RES JUL`/ 1 2Q03 Earl Gallop, City Attorney ■ Professional Services Agreement General Engineering Services September 2001 Page 16 of 15 -, �,�.� ,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 7{-h day of August , 2001. ATTEST: APPROVED: ,fit L�., .r..,rt�C tJ^J ..,_ " "['- a'.pb-. °^,�"�""^'•,+` � 4r Z•"� '`+L�,. 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 Wiscombe: Yea • • August 15, 2003 Engineers Architects Planners City of South Miami Public Works Department 4795 SW 75th Avenue Miami, Florida 33155 Attention: W. Ajibola Saing�i n,. RENT Public Works Director Reference: General Engineering Contract Extension Dear Mr. Balogun: EB0005022 AAC002 42 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 rcastellaac3ts.com. Sincerely, Corzo Castella Carballo T ompson Saiman, P.A. R �P.E Principal RC /er L:\Projects \1929 -00\ Correspondence \1 1_081503WABalogun.doo 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305,445.3366 Web Site: www.c3ts.com Equal Opporfunity Employer, ,:— 'cmr+:. ' ,,ir"4;'�,. So v r y CITY OF SOUTH MIAMI South Miami °'� All Inter- office Memorandum INCORPORATED . 1927 RiVA 2001 TO: Honorable Mayor, Vice Mayor DATE: October 21, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. City Manager RE: Authorizing the City Manager to purchase a Knuckle boom Loader and a Trash Truck RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2003 REAR STEER LOADER (KNUCKLE -BOOM LOADER) AND, A 2004 26 -CUBIC YARD TRASH TRUCK, IN AN AMOUNT OF $170,095`.51 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS ACCOUNT NUMBER 01- 1720 -534 -4455; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: Our current Public Works Department Solid Waste fleet has been going through mechanical challenges due to the _age of the vehicles, which include our trash trucks and cranes. The department has six trash trucks and three cranes. Four of the trucks are in fairly good condition, while the other two trucks are in very poor condition. In fact, one of the trucks in poor condition is scheduled to be auction within the next couple of months. Out of the three cranes, two are in fairly good condition, while the third truck is not reliable. In an effort to maintain our service level for trash pick -up, we need to start replacing our fleet. As approved with this year's budget, the department is recommending approval to purchase a trash truck and a knuckle -boom crane. The proposed trash truck is a'26 cubic yard truck, with 2004 International Chassis, Model 4300 SBA 4x2. The proposed crane is a 2003 Rear Steer Loader (Knuckle -boom Loader) capable of being driven and loaded from an elevated cab. For the purchase of these vehicles, we intend to "piggyback" on current contracts with the School Board of Broward County Contract and the Town of Palm Beach for the trash truck and crane, respectively. The cost of the trash truck is $58,885.51 with a 5 -year extended warranty for engine and transmission for an additional cost of $2,400, while'' the crane will be purchased at a cost of $106,410 with an estimated 5 -year extension warranty of $2,400. The total cost of $170,095.51 will be financed through the Florida League of Cities. This year's lease payment will be paid from account number 001- 1720 -534 -4455, with a current balance of $107,184. r M, �.�Y„ Page 2 of 2 Comm. Meeting Agenda October 21, 2003 RECOMMENDATION. It is recommended that the City Commission approve the resolution. ATTACHMENTS: ❑ Proposed resolution ❑ Copies of proposal LI Copies of piggy -back contracts /purchase orders - ,�,�+.;.�. -i �,-= •— .''- .; —:'_— Ay--, �v.._,tsfi ,.fr p-. ,-r,., u3?';ey3 1 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 PURCHASE A 2003 REAR STEER LOADER 6 (KNUCKLE -BOOM LOADER) AND A 2004 26 -CUBIC YARD TRASH TRUCK, IN AN AMOUNT OF 7 $170,095.51 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - 8 TRUCKS ACCOUNT NUMBER 01-1720-534-4455; PROVIDING FOR AN EFFECTIVE DATE 9 10 WHEREAS, the 'Mayor `and City Commission wish to purchase 'a 2003 Rear Steer Loader (Crane) 11 and a 2004 26 -Cubic Yard Trash Truck for the Public Works Department and; 12 13 WHEREAS, the Mayor and City Commission authorize the City Manager to execute purchase 14 agreements and financing contracts with the Florida League of Cities in an amount of $170,095.51. 15 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 17 SOUTH MIAMI, FLORIDA: 18 19 Section 1: The City wishes to purchase a 2003 Rear Steer Loader (Crane) and a 2004 26 -Cubic 20 Yard Trash Truck for the Public Works Department Solid Waste Division. 21 22 Section 2: The project will be funded through the Public Works Department Lease Purchase — 23 Truck account number 01- 1720 - 534 - 4455. 24 25 Section 3: That the Mayor and City Commission authorize the City Manager to execute 26 purchase agreements and financing contracts with the Florida League of Cities in an amount of 27 $170,095.51. 28 29 Section 4: This resolution shall be effective immediately. 30 31 PASSED AND ADOPTED this day of 92003. 32 33 APPROVED: ATTEST: 34 35 36 CITY CLERK Horace G. Feliu, Mayor 37 38 39 READ AND APPROVED AS TO FORM: Commission Vote: 40 Mayor Feliu: 41 Vice Mayor Russell: 42 Commissioner Bethel: 43 CITY ATTORNEY Commissioner Wscombe: 44 Commissioner McCrea: 9"W L; 'J PETtR;F;`, NQ .UC�� tee 6yr X, NeM. h I '•T,a'.�.l-Y I-�'- ^'.'aNh!lt TIV.C1•_•+t�r f. /^ cerre, j! _e�reaar CP.n'Slal��'`'� li ..MITINQlO.[RQGUr FhY +,..L YEN 3IGP •�?" J ' A'ti lOp 1v i .,n1ry -&A8 irtoi Fiil.E`l4wfA:n UNUNNUGE�B i MODEL RS 3 ilJIBEERTRES OLTRIGGERS EXT'ENDEO �RADIR)a OVER 3117E CJVER FfEAR OVER SIDE OVER REAR rv.._ i0 -1290 lbs 54751bs 5916 Ibs 79601W td 173'9lbs 3053 lbs �3026 Iba 4080lbe, +� t433lbs 258D lbs ~2tii Ibs 41(t(1 ibs T ;I i r i ./S Cjht ;it rittaLhiYld tt.:a pt subtr` ilod froo) 5P e4paCiVeS. StarldardTrash bucket Weirj4 960 lbs. I . I ,AF-•; hadii d A r(vauauw:t ;n Peer Iran, the Baiter of notati7n to the center elf the l u .Ket. is t_ working load With au:tiygglva er" g --dad kind machhe on firnn level gr4UriG 410 not exveid 35 %Ot vbh(cla tipping mORt91 }t:. "^ We working brad With autriggers retraotsd and mscrlirw on tires with lew ground do na BXC "d 75% 01 VEA)68 tipfinQ rr OMIO(A. d, 4.G YA 20 39 +d 0.il 64 79 84. %k I Ib Reach (Faotn Centerline flotation) 20 feet f. ! _— 1 Main Boom and `Pip Beam 16 feet 11p Extension 4 feet i I Tarr. Weight (Empty) 21.920 Ibs Fcorit Axle Weight 5,340 lbs "'I{ S• a r7 Rear Axle Weight 16,580 lbs � Guttigaer Span 11'8" (t ((S Storage Height Bucket Features .alt- purpoSe clamshell design, 4 feet Wide with an opened width of 5 feet afar large bites. High iirr :pstet tempered steel -used on bucket cutting edges —eEr to' for,t tended life Reverse curve shape helps prevent scalping of lattins. Ccmtiriuuaa rotation, So hoscs below the bucket rotator. Chassis Specification Performance WAY Style Conventional Cab : produatit dilyinoreasedbynotneedingTostow Cab -to -Axle Dimenki on 90" tttwket betwccn route stops. Two six fttnotion From Axle Rating 10,000 Ibs mechanical joysticks reduce maintenance Petersen ladttstries, Inc. Rear Axle Ratn>,g 21,000 lbs compared to traditional designs. Tandem 446 U.S. � ighway 27 Nort'.rx Ciross'Veh cle IWight Ratiag ' 31,000 Is pump allows multiple loader furcdons with - L,altt' Wales, Florida 33$53 Frame 1,500,000 Rillbl out power loss. When loading, travel speed CO: (863) 676 -14 3 Engine 210 HP Diesel is restricted. When traveling, loader move- Fax, (863) 676 -6844 yanamission World 3060? Monts are restricted. Toll Free: 1 (800) 930-LOAD Structural You authorized. Yeterse4t t11t1'n A. -fratr e pedestal design allows flexing under repeated load saccks. 11eplaceable Cut Nylon bush inns used in head assembly, Head assembly i3 stress relieved. Reinforced connection points with harslc=d puts and replaceable bushings. Sae "etj lock -ing Va.lvw'uv &d on boorn and oiatri er cylinders. I I i i I ..rte• °� . �;".' :°T;- .- �-- .�..,�- ,- ,,..,_ --.� -- .- ,- � +,.- �.- r'azt,."�,.�D 3e 6°,x�',' �,�'�''.$,v.3�„`��Y°h, ..+�^.. Y ;il h7ii' N'�'Yy�•dc_u�'� ,. Fes, �"� .�. -_'_ .- r..�.— .,,,._,,._,i.. 4 � .. Fl� i 20 FOOT [.TCX[,EB0ON1 LOADER it is the i"terrt of theses ecifi ' cations to de$oribe a liydraulic�ilY Operated knucldeboorn trash � loader to be used itz the colIec`don Of ON?Mrs e trash items such as discarded appliances, furniture, � bm- sh, leaves, building rnatmiais, etc. Specifically the ightni ' Re�rr . tree desired for one rain Operation of tl e loader fro c-tic azs and have ;lae capabMty to 66',q je loader* from a sin ey elevaared afl c'o"tro' nation, In this w0n:iguration, the loader is intended to be mounted. ON er th; rear aAf,- of a short wheel bass cab chassis: This configuration allows the operator tc� loa.d shuttle trtrclks or trailers, Icaving the loader itself Cn the route to continue warm, ; r i VE CL i The recolume nded vehicle for -this gph,Icatiou has a miv2iXnT3m Gross Vehicle Wei-gilt of l , C�� [ lb { IC�k frorxt, 21k rear .l and acab -to -a ;1e dimension of 90 art, VeMcle must have an. electri�nic e �r�.e �lC�:�:l� ' W { •), a`World (MD3060J�) trans111is on and a rear axle with a'geat ratan which allD Ws 1-5 imph in reverse. jEIB,ESTA LAt�S;SE To be an open A-frrrn e t�Te to ailoM _fie adere atecl�d shocks, Total heir -it not to e . eed 7 i �CNr7 MOU.ating plate to top of pedesGaUmaxxa btrc�rn ct�nnecti�sn oiatt. €,Fader Y Point. _-_ _ Huh Fxrt�e-co az�te� eight t be a 4�,late r�ducsr stress onc.r±e a ad rc��rn ac�.tMx On Li�,as`. h. t c �aci or? the side. 6 a Swing Lsost t+;, ter ,sisjgle piece �.4 stzength LOU (A.S'l"M 4140) Lurr.ir g irz ( ST? f-D<11410- 1'} c. ast AY1011 tae , ings Welded spindlekead assembly is to be stns relieved piior to �sAaatiolf. BOOM rota:tioa, to be accomplished by a, direct drive m7U piston lyd degree i' net a rk gearbo -x vRh radial ' a c?o e 1250/150, with a rnaximun, w que rating of l50'0Ci0 irt_ This ='.'Josedl ox elimiaates the etal�to -metal , wear fol nd g ea de! ? l e r dosed pinion and buil Prever_t spindle bendirg mOments from being trn o ahatted I to enclosed gear,, , dl e gearbox MuA 6 mounted by means of a. torque ann assembly. � BOONY r Ti boorza comprised of two ea., 4 in. x 8 in, x 3/8 in thick higt �easle steel tubes coruaec °Ld to ea- ° bthr only sf their celter 1u1 to allow dock a "soriislt " fl] iz t caotti.?e.tn ac, on Lhe Tip bor rn to Ila . 4, al ,y-'c�el dibie(refractable telescopic r 'arf^ p se dory controllable from. the op.erator's , P! ,. �xsr c °e .nech:a±cal steps to relies <e cylind yr stress. i I � ; i L�i pia i M. << Urter ar4d:uu;:er >lee, es cyt the talescollic section as st be separated by replaceable, cast taylon !` "+'ear blocks oll ",R sides to prevent metal- to- me4al'wear. INdraulic noses for the telescopic, section, must be .ttc,ica ed in steel, el ho.x for larotect c�n,1`To e �ptxsed tip e ietzsinrx 1ZOsos s li b f �e;-rrtittad. { 1 �( f — — J 1 Boom r4dzus is ae&-..jred d -t; m the oenter of"rotation To the center of the bucket - 'With outriggers, 41% e fended on t z; level ground, urpac;ities shown do not w',ceedl 85 , c)f velucle tipp4tl -; v ions .nt. With outriggers bily retracted and tmachi e on tires on psi, level ggound, capacities sbo%T do MA P. teed 115% -if"ve irate tipping, rrmo ent. ! I Loads rrEarl;ecl xx tt +. r) are, licite by stabilit }� of the loader. li Note; Weig— t of tyackt r awdlcr attachments to boom msxsf be subtracted from the. Eft c•apacjrxes I s1�.o: ern, Standartr buck.. weighs 1,000 Is.' ! ! _ i..�JA Li Dh+f�TRilC�ZaEF�S \1A US ! Tip EXTEa,9ut� 1i7;TEt45f47fV TIP EXTENSION i;i�f5f7P� R>rMA ED i r E DEO RETRACTEED E)CrF-NC�E9 I R£AR @ � { st, . - °� 7830 Its, 8 420 6E�: 4' 42 be, *k* 4,400 lbs. 1 5,240Ibs. lbs. \ ! i SIDELJ4GF a4`f' REAR •_ ` �iljVlj ?EN IOM1i -111P T11 e1C7 N5f0'N TlPE.`CJ ENSION , 1, _ �ETFZACTED f Tct c , RAE'RACTED 1= �'�PiI�ED _ _ t0 ft t:�4 tts. t"r .' -ib� "* _ 7,340 U. �.8�t71�. � J �, REAR ! �(l •{ + X7.7 if ^' #• 1 1c' f�nV, ..r- r0y0^ LOADER 01NITIRES ! Bc;, 111 000 -:e; •tlori points iriust be e 7ui{p .ed with rtotaceable cast nylon or brass bushings and a.23 -a castellated xxut to prevent spreading of ti - -, coy m.ectiojz pivot point. l'o be a special r>tc aucipal tr4,s bti�.a et`dc1, ated by a..;ingle doi, .fc.- aciincg cylinder, The bucket &aafl be. capable of uontiut:cus rc�-tationn st p � tl� rao need : ,,r- pliy s�+a, l �,o,. s- Bucket rotation to be ! Re-v 1,,12002 ' 'r�� . ;;z -,» :,fi ;�" , ;• e ^° .fit 5s.. ,� , w' a, �+ -x, � ...�; ` " -'�'E�.IN �?�: � ;�. � # g p� y �r ) �y-� ('fin }L 'Dy a: Colid.L}x�..ifi ijs rr,�' atjc� �.. bl �k'_.'�: mc}- ."'� �Yiodej .i1E �`FiLi: 5 15VV :. 1, lS)S. toiq�' i� The bR. ckei. f,TlltSt iLcorporge • a 3'I6 in, phase. srnootl' steel mlaur ,3heff coop for p leaves and s..d, a a lzr nimum of'5 riffs per side to ha idle hr"nches,'logs and app fiances.' c! Iiiit3l Tle rail) lii t��` center Ior rompressmg trash in b4 t Tle l rkit :st be 41 fi- kxa g ivitll an.«pened 1,idth of ft. bem-eetl pickup blades. These bladf s d must be, lrr� ;ti impact, tempered steel that fom z re -verse rum e in the emSed ItO duce pos4.tion r: 88 �Yy9r` .aid dkz-,in� ofgrass laws. `No hydrtwi�c hoses below GucI�et rotator, To a -,e a t4 an, n SIC11 rammed Hot Slnft pia -Wer tkk off coupled dir edfly to the hy(, .rrIlrc ,d =jj) (rao drive sha s) Nfusr Ile equipped With ove.rs eed protection. over -s p peedira the rump cau.s-.s *� : ITY'raulie Fluid to c vt• rheat. OV "rspeed protection prevents damage to engine, h-,Tdra�lr�; -rrd raEor a SY` +r cfu c.l)r]p4ineie t ; rt B,Rulting fx(m,, o4rer -speeding tho, Wgine, qR U' I . +G'G�� k�?�IPC) EN`.I, 1 d esf`. 'nfr« 60 gallon dif i.ie l tank with qtr., -tIon and return Eltens and wr val��e,� for easy sefV"icin , includes a sight gauge'Aith a thermoy aeter and a vent niter. _ry liparersi Double acting ,A&dl ctrorned rods ar .i aluminumpistcans '4I ;ill Boom 5 in. x 31-L in, with a ? f/. in. shat , it. BOORrc 5 iu. x 32 in. with a 2, ! in, # 11P rxteusio t irk. x 4'S 7I1. ��h � a i : t k.1 a in, s s ;e t; tit: isr .,t 12 in. with a 2 in, shaft. '�t3� •� s s. 9kesen sta( "k type vvith port r�efieij I j gy'I� �'°eafety to "�`kj.n(w V. I ve; « iirsra It e d on roc r a 7.d tautrA ;er. ,under, #o Preveact collapse in.. case of a hydraulic hos{z raptarf . ]PUMP- andena Cotmaercial Intertech P- ?O t C "if7d4atl �,s: #c°tiI �Eaan a3Tit� fill te21;~lifs Stec. VVIi+ a- raided hoses, {i I6� 000 'PSI rtr�zjjnum burst. d M.Fsu relief set at '7,4 O pl,�j ilia ;irnunj LNG r. T.) -t e a. fo�cst Yptr, ted cantrol. 1 t 1 l t � Rev, 9L)002 � — � f- "F - } -efOR. CONTROLS T.5roy4.F f Platform iS t3 b:' nimi ated 3et veers the loader and cab with% tt SiOt tE e�Ce�,CI ',-fl, . ti "{ ni 1i0l,ixtil'1 , plate. Operator l.latforin sl.A Include a steel, 'Ajn. &W i t3at eratc. " .1 S cab.The crib sh-all, have windows all around including the top, Aff wffido vs are to be ixited. u'll C'Ut-, r, � :e equipped,idth the folldt�iht , Mechaziical, six (6) fiincli'cin. joystick �.ontrols'(� ti e!ectrrd car atr I ! ah`owed), padded air ride cc A with arm rest, seat belt, steetirig wh_ el, a ceierr.toi pedal, zaot brake, eriiergericylparl,�ing bt ake (air), pto control, gear selector, a3 g horn, enS1e 3h- atoffb v, .)ii. . hvdTaulic loader and ),at igger controls will be withii ease reap h.. of the operater and all ,.y }ader and drive: functions will be'�v.ailable at this platfom. Top of cab is not to exceed 12 f�� al--we. grade. Dimensions shah' be a} proximately 60 inches till, 54 inc hes vide and 56 inches d€ fp- Cat, ,,wall be air conditioned and heated; Air corditaon_in,; unit will trot be rriouated an top of TI e iruok r or operator : z +n Cab is to be painted thy; same color as the Imuold- PbCtom. I Otlt -ig M to be wns raiCAed , vi't. i hydra- Acally powered telescoping reaangwc'" I:Ibing to prevent i side loading a!id bend, °ig of cy� --Odcr shafts. Outnggers to be eqW..; ped with ;e steel pacts to n-1 nimiae dainage -to street. Oat!�u'- Te)":q ?raziA i telescope L ut i.nd dov n to reach a horizontal distance .of 11 fl. a in. between cater ed des. Outward stabl f ino ement ofeaoh stabilizer to be. Powered by a ey inder with a bEUC of,2 and a stroke of 70 in. 1 ae housing that accomplishes this outward movem -eat nm,t be separated R by r ast nylon b Qiirigs t four sides to prevent metal --io- metal wear and to allow a T. eater area t RV grease. i Downward na,:v meta: to +e powered by v vo> hydraulic c_ylitidegs with a borec of 3 in. asid a s�TAe of 2-1 in. Thes, The c kmders rL,-,it be Rflly enclesed for protec.6.ort UI5I "'.��°1T��._�. I Li To .iTntp1ove lCtad i stability wLile' Operating on tires; posB tive, YlloCfhai1ti al. sugpI nsio s. lit kS M.U.St be eagaged uri real suvensval) Su&pea&ion, lacks are to be spripg a.,ppded,'at?d'pneuriatic "CIL r released. Suspen sio,-i locks are ICJ be released dig mor.T al transI, dri ing opeTations- PAI T � s ;r,oader insist receiC e ? c :.,at ofldgb- grade pri=- and..`., coats of Egyh-gTa e encaIT e! (niau(RYkturers tan.dard colors' . I W CED AN1± O US { �.€��ludes bc�oTu zit � senso with indicator light aril audible alarm (Jig ht � b d l T � � t iii c� with a�i,,iule al, arria ¢ , a -,v°urB -the, drive c?- exces, isa=e boorr, height), and back -up alarm. � A'BJ 1 S 1 Three year ajar structurad and ane �e�i hydraulic, � ** S Warranty Sheet** j iufi to Coi1.tYTltiiIi_ prod-act .tillp:, :ov :men t speo f'1cxdom are. Ribbed to chwige 6vVitilaat I1LCit&e. or E:1b igatioll .34 l C. -- - -._., ,ra3AF, :dam' ..... a�vw .�Sa.. ..a_a. .mow.. �m....:i,�. ., •.s. ..m. ..:.,:...:era. �:s .:.�.. .b,..;. �... �•- 24165 Hfi hway 27 Trash lTkrir ;.y lake Wales Florida 3.3 &53 (B63)6 -6 -1453 "(863)676 -5&44 Lightning ,Lod ere, •r,nvw peterscnind.:carn Warranty, Petersen industries, Inc. (''Petarsen ") warrar^ts e ach new Lightning Loadere and /or Trash Body it manufactures and each nay: pert and comportnt sold by Petersen (exVt those t xnludsd by.8ecY 0n 5 below) to be free tram defects in material and workinariship, provided the Lightning Loaderz parts :i id mmpoi ants are operated and maintained in 200ordanoe with Petersen's pubilshod Dperating and maintenance instructior s appllcablr: thereto. This warranty Is rtubject to the terms and conditions started below 1 i �y This warranty is granted oy Poterssn Industries, me 20165 Highway 27, Lake Wales, Florida 3385; All tvrartanty roust be a,=rnplished by Petersen in';<us 606, Inc, 4 hr, factory in lake Wales, Florida or by such other fgofiity speciffca!ly f auto orfwad by Petersen. Ail warrartyw ark perforrner: by a fetoiiity other than Petersen must be approved by Petersen In :irking Prior to carntnencamenz of sold Aork,. L?. Turtles to Wham WV rr�� i , , 1= This warranty shall be extended to any buyer and to any person tc, whom this ,ormnur t is transferrad durint3, the dvr ation of this ivvrrarty. 3. uratlon of warranty: Trio tlrrie aerioda applicable to the warranty of the specified component parts of this Ligfitniny Lot na4 ire a8 follows, x) Lightning Loader$' Major Structural Carriponent Parts 3`years bj Non- hydraulic Rep!acement Parts a 'I year r) Hydraulic ComprnentG t year 4. Pare and ac%mponent parts Installed by Petersen itre Coyere:l by this warranty except those parts and compcnen, pars �g.xch!ded !I by Section 5 below. j 3:. u end Gont�onents Rut Gov ra : The following parts and components are = covered by the warranty, 61 aI any Part or cornponent riot instalied by Petersen industries, Inc.; b) any part of th(4 vsh a le oRb, ohassis, fires or engine (any warranty of these parts aria componeriN is prcvicied by tll to original ` manuf turer); of any par or con ly.)nAnt ta-at ahali have been subject to misuse, negligence, or accident; d) ar,v (tart or fl-70 pDriont that small have deteritnrated from extraordinary wear or exposure' e` €� g�ertrrtta,: Item: that w6uld normally be replaced within the warranty, period fs.g hydrauiie hoses cri end of ;room, brake washe-ry p adni ,e,7 t,ucket y!'Kl b00M, oil, filters, lightbulb i. 6' F ", r aid n, ro ai'ilnrJ j rice �rnderthis Warranhir in order to quality under Ihis warranty, the Owner ;t u.t. t notifv petc ;seii industries, trio ivi *hr tinitty (•30) days of discovery of the defect anc1 promptly deliver the Lightning Loaders' or defedlive (tart tc _! Petersen !n( {u '5triey': rr„ at itib feu ors in Lake Wales, Florida, a: if requested 'by Petersen to such other authcrfzaJ faonay uesigrtatt�d kv P+yter� tn, l,. Upon recaip t of such Jphtn4iq Lo;_( 94, part or Component, if it is found not to be detective in material or workmana tip., shall notify the o r, ei )f uoly fact arid request instructions for the return of tough Lightrrfig Lnaderz, part or ccmpo rart'To t '16 oviner 1 PJI oosts of t L ightring i_oadar)(s) tQ_ nd frorn Petersen Industries, Inc. or such orbs authorized facility designatac Ly f Petersen shall be ptaic -) owner.i f. P t ff, ai! n If dL;rati,.)r of this warranty, a part or component covered by this Warranty proves to be defective in rrat�riai or workmanship then t cr sole and exclusive remedy and Patsmon's sole responsibility shall be at Petersen's optisn, the rba"rjnn E l of the clefect.va par' or -,omponi;nt or re to aging of the san70. farts and ;$Lbpr Shall bet at the expense of Petersen. The roplauarnoni hart or component sup+ .iad pursuant to this warranty shall be werranfeW only for the rFinainder of the warranty period appilcat :lr to the detective part or ,r, iponent. Granges- ?e 2rsen rase:v =s the right t:) rnake changes in the design or material of its products without incurring � -ny, oblig at n to incorporatc- such changes try arty prc•duct previously manufactured i s ,F Vuslon and Disolar !arrt. The ,warranty does not extand to rormetl maintenrtrce services such as claan!ng, g;aasing, r i` rnecte an.oa adjwstmtnts Ind rnaintanance inspections or to any defect due to the negligence of others, failure to rapeerate, or maintain tr e Lightning adsrlg In aocordarw.o with the published o erafing and maintenance instructions furnished by Pat415en, I i unreasonable use, aced, nts, alteration or wear and tear, i ("VCS OTHER WARRANTY WHETH5R OF MEFICHANTABIL P-Y, FITNESS OR OTHFRL'VI81 =, EXPRI588 OR IMPLIED fi'd PACT OPj BYLAW. IS .GIVEN EYPETERSEN WITH RESPECTTOANY NEW LIGHTNING LOADP'Fto, PAM7`On COIVIpOI,,iEIVT, OR WI-rq {.. . RESPECT TO ANY WCIRI AND NO OTHER OR FURTHER OBLIGATION OR LIABiLIn' SHALL BE INCURRED BY P2'" EFtSEIv BY REASON OF THE MAr 'LIFA.CTURE, SALE, OR LEASE OF ANY LIGHTNING LOADERe, PART, ON COMPONE -tTIT Tit Orr 1-r: t USE ,WHETHER FOR BF -ACH Oil= WAi RANT "Y, NEGLIGENCE OF MAKILIFACT'URE OR OTHERWISE:] l In the evert that the provi:5 yr, re,i eving Petersen of liabi It r for negligence should for any reason be held lneft6ct!vo, 0,1P, re; hairider of Ibis panagreph whail remain in V1 io ce and effect. The obligation of Petsr,en s it forth in Section 7 above shall be the exclusive remedy for any breach of warranty. In no event .,hail Petersen be fable for any tie ae ai, consequer,tial,'or incidental damagas rela'tinq to property damages or economic lops inch:..,: g .VIthout libililatio t any damag cl e for }oRs of ime or lash roots. No dletributoe, dealer, agent or employee of Petersen is :authorized to ex#end any othe ctrt rmrranty or incur any additional obligation on Peterser:'s behalf in connection with the site of its products i IN 1+ a. •ec+R" - Bw+Air wa a." �41sFx.,KN�•`VAAIN''�AtlhC6"§T` _ �.r .. ...-- -,TM—^T ,. ,.�'r�- 'r�,>- ��- -�,e,- .^l..nr�.r^.,, ,^^� -rr- - Y�.'^3++,r.,- ,,,,•�...W „'. Via? -mss,', nt,� ",�r�•a�.j�'„ ..Y t'.: a'37 ,' ,�.�.,'�,^`'. , ?„ �.��. .�`--- a,"'T` - - �� .r -, "+""ems • -,w . - - - �^.?a-' r r r j ,a R v` c`I t '41 ri I (If h Fi f 7 F, - �i 3 4 ri ; a�S {s s =.4 7 HO WE INTERN- AT£iJNA r�i$ rti"JtjC1w '� ` raY y, �,� •, ' K 1Ni JSTf i. S NC_ G�fem¢, ova! Tau �{)C . �.i$�t d SPEC' kad4 I inrtk ?E :5 NY�t't�7.P,lGe�Tii � :�3p'i�,Y1r:,r PicrtPs f EE DAVE1#4POR7 �11 mw 6781493 (M1424-2411 f { z i Mckd ' 2063 Dizmo d SpECTM AND St3A 'MA02S�, APPIACKt'Y N: Packer - kcar•t ader ttiisMx ;"e*estedG'✓tVR tt! talc. GVVVR: ,1�Cit) �MO. Ci'c. St of I Grade Abirr y_ 1.5 -7% 1 I.V104 �ja s:z � MOH. ; FV L ZC0NOM '(.: 9.ea Iv "G g Sa MI H E]I?Iti i sICTl= Vvhaeli- :e: 153, d;6': ENGIh I , DIESEL; {Irrtpir6zt of it DT-466 SlanlAml Torque; Iltt wf s k�yd�ul : Fue? w'ysF�rn, 50 I -1p ^c3�7E31C1 { xxPfh. 5BCE f IotgFe i£ 3't, O�: TRlii[SMSION, AUTOMATIC; (Ai mn MD ?i7f')' Cfo RQia, PTO Gaz; ana less Rmz srder Lt)7C#0: Or.-.It Ic rr (C? . cti,'s Control) i•°ONT, I±.� "NTI E SO [ boob :Cagac fy AX-Lk, ACAR. Sf NQLC -! (Mana Sprjbv 21CkyDSq 4,-;L R� 4cfian, 21,00a -lb, C tac +; H,-paid +Isadnv With , t i rhaal R -Hs. "a;e C.011Vi ititlll <'itSl*I C(?N� FaC1i7: a G '- � 41 '. 1�ttl$Tr>rL ^x1S$ (ihC .1CY } �vQf Cv t fSdI2, f�.�r1 ?P, � 1d• , p•y � nze, €ZEW (4) 1IRM S G164 RTD (cc ,.-)YEAPq 093 .ad range G,14 ply SU,S iiNS*N, f2t'�., *P�'ttJQ,�i iC L, /art aT : ?a rig (tt C Giiy, VJif�t 4zi�4 s >. s�s.7Tlic�,}? .CS `reC Spiirtg f , :J IE144 t_.F, +iaeRri�te 3 i ( 1 ? ;=roposal ;6EW I I r,'rs-°- e.__'_'�',^.'i ,.^,_,^- ._m•a'. f &a'...s=°"i,', _ „_`f ^,h:,=.a' 'TP.,. --, x._.rv: ,"vF� jn'c's'+Si"{"'°k. -y” M7 AMM x'V' ".`.€w?-mr"T'+. 5�9P`� ,. �_-„" �3?,j4T6x.�.?. �"4'�y,'sF i 'a*."Ti'T".'"n... .`,s' �A'rl �. ',�F cm' ^:.�`,;f?5 +"x"�- `,,".A'+'' •, 1 n i� i3 5M n„ r�� N H _ ,.; s G 1l�Ducl veei�tc % -6ni fst C[�:xa, laAtd.1 .'?: SSp �,��wi�' 1 ii(hte. 4CA?A , P-3 Axto I Frame. 'row '15 CAE ^llr]t° J rnm -7C rfl A., x%+."'ii7turn t+1i . PLEAS . N CJ O te i13 {�x��tii) C IuP ki!liFr A RANGE' 134" ;,34vem] T, u-ou= ;h and fnck4ng iST' r :r) ' AXLE, FPCst;T: I- DVAls4 rP�,'Int�x aafs "anal I i[3C�G} 10,tM 1fr r:apmeity 5US PEN Sii. N, - 'P'NNT, SPRDig +.a Para - Wic, Taper Lee,, I 0,DDCL-1b Capiieltrl VVith ShoCY Absorbem 1 t I*ic�,ud�s . •at�f2lPw.,r i'Di�?u F?r.�i�ix�r "t�.urttlr: ^s, i�r�ln'_� BD1fP S'dUTChsf, 41R aualSystcm�ar Str<t}gitf Tzvci rliaat'Ibrs irciud Fti, GC'shf�i"r!� rCDA AIR SUPPLYLM- 5T' hmu `f�sF^utE CHp,rti �Er '.Fl yi,IC 1%12) near Paddng ! �ll!'1K� i.�Dl`i��' '(;�iiar Udd'�..1 ?dylGiti ','• ' , Sl.t�rc:((nfq�.Dr I,°. i�4+.;s C« �iipp\i-Dhh'AiSi�r%Dp�C �r f iPdr� r� t '�KL`t� Caior ts,t3 c! WQ4vV 1 D�ai , L redo =, irrs# pumr!f Panel DRNN 'AI = ° :v'24., r;4;1f; G M%1112 MOiDULA-1 "OR v:j L.V OAUGE� AR l= nE.A -IJRE LoGStud iit lrtsY Upnj? l -.Ius. er A m aid Aar' Gau es; B MN VALVE 1641 g} f± anut -1; `& i Pr:ID Gi sY`tri, for NY `f aRk r.i i �d: A_ > rr.�x Ai;hiacEc. I-«�.a Sy tarn} Fsdi VeN'ieWhegl CEVI"M Syszera �r ^ti ntralj L��t•�t +L . r�4�}S," it le'�;.1 "v? a^ Rgr. kEy luz'�.g °��lncIudtks �j � 5; iCts tvi�i i i c ( ; ==D�a Erait��'hamaatl: ,.. . =y= + rt�rtg.ytF _{�'. tyr 'AS$, �r�.F wifi . 4itlD 1.FJ"� 1 L� ; 11PDUij�S�YiCau I 'L011a r K7�C2 mid �1'viir3Lr3 3ru3rl�ii L�'x �ir. r�� b 'iiF; CC7f AFRt c 1P; 4u�r? ati Tu -r7r, 650)13? CH (v7 Y "1'E�r'si',if C.'C +Lt: MP'd i aEttt +g ' STn'1 Y2i�5t ,f'iHE'_L � • k�, ,c' DIsm,.0 Black s, STSSizING C ;E/-V`' 4tTR hi Pit KrfAJ Sr E; YS T �l Sir*, le, HO izrzsl�Qt lAuftiK and Short Tai! PiPg, AfUrr wiled Sty 1 rrarm NI'vurited RDght Sida f=!_EC- FPiCAL SY,- i cM 12 Volf, Standard E,*r!l cnP �t h :Cludas U>wS, EC t r"t `.�L SA1Kftad+ Tj� ! TiiRld Sit. i1faL Si,1DiCH Sit C rim iDrr, > �diignt L%irrlmar {vvf�1 Prast, -; -pates �6n;Ufa'• ~ PAP'KIN1LIGXT::kgralva1;rorr Twin is:aria',andRadar•railfigDtt 1 "TOP; TURN, TAD & STU LIGHTS DuP', Rev, Cornbirm an Mfh PTI;e or 84TAA 1E w'; NiTC.I i �Ik'G' np+ Key Opeiatej Ttl.l"N SON1AL8,`F 0,0 IT Flu sjj lAvr.;; lteg4 dr1;lvdr R .Sfiavrrs Znd Amyl lfary Sid; TL: ti Sinf^ 4 Sf�Ud' ;BATA LINK COANN C: U.R'In C'au For Viii ide Frog ram min gooldL)iaj*, ^sick :'vV ?t�lrJal lFL? JJfr rya ririgi;R (savior; F_lecWc; Cowl lh ount VJ1NCai 11; =LPs v"Ulrt � ';ra TnH 2-Spaed 1r&9rFJ,M1h Tut i Signal Si toh with 1 ^las ark ,,,t�rrn�t�7, Feature, MIRING, CH41,SSIE C �Dcr C � a �d Ca Ifin to iafy l�urrtfFres lITV2i;iG�PiJ,�xrEl'i5CiE= � r } i p -'1 J�4rt4 i �rA 4. ... .-_ 7eiC iaegt 04, 2ctl:_ , 27Q� x:'34 5�".�:L% i�Rl��•''� � _ � TYLfio _ i HTER �p cy �r;q �y �y 1 f� ta. 1 ALTER t`� \f � /i� �Wv7CCti•PiL�IZ7� Amt- i"c Inc, c'-i3 i 12-3 Volt ZM.'nanp, rtj;,4 �r L]f� }W kiJte_`�F`{', itir� "(?•,�:iw�+i'�64:G'�ti"+`'aa�7 �C=i JtSi�?, �Y ;Cf+J ©w'�C'2tL"C��7T1rTBC�C:C3 SOP Apr/Q1S;�,.^,'C':�- Ut!•t{ tea' �CAL' SY' �. 9,. t(l lfti�' 4+: �::;:; 9*'- �` t�Gi A ,•tii1;15,. ,;r .ai' v'CLfi%r.iiCt 'yf:�031ry_tI•s°78C1��621�',', i311i 1 � ;`a' $'E'vi��l'u`l {�aphL I�il'�Sjal�i1j !Y+�'ic i✓etw.rl�rt°�rZ"`c.� (�} �c �V °4ir T�sC.�. Tta�� RADIO it° r ,^m C: '. i"!; , (txl° rtt! itl stn G its i 7 yer, Irciiarl�5 h �p(g earl Co n.Sp � rs st�ct�a� lfd CAB d; Caw:c;al'with Rrerr1=IcItor CrPS.K.I P' IN CAB (2) 4"4 C-cmne V41Uli'uxe iTt3lior , .i H K' Aid i ; Bi��:t:, Single Tr,jMpe jr $Qten -41d 6pSrAt,4 't>+gour �r 3�h nd Bumper orr =Igiyt ;air` I L�At. L I jf'rs Fin =: a1a r uaxr p He A s free iwo tlrjrt >} ^Ierai Enctude da yh -aa l?;unr t rd Lsytata �NC;N 14 U 7 D j LOP, I A I ALI m affv ttiiEh 3o Se o.,W DJay, kUth (ntein� r3i�i I:rg�ra� , r ,RT114 G h+t s L;: a { +fir pie n'le A; [ l Fc? 12 - 'id fr Ia: v;s -Crari yrcisc acr1 ERZAK_,,2 lliank:t- Rem, (Vlafti Panay SAPT }+rp- tItVUMhTrip Snditators, R Ai't.ParMS a'e;cPf :°z r:;- ?itap ru4 >«: fl�,d4h...'whrc,c , t ;(11t r ENT) 171ta 1g, F 6eTgiasm, With ;pram psfta C o'll- hrllot} Inoluc- s :t a�t�•.i 1`d . a`u�i i:�it�P�.�i, 111 1��t,�h�iw� �}�'�r�1,'= , PAIN "FYpE F3e,!r a'!Clear Crest, 1 °M'-tons C± LUTCH Cnit �mrr (r. mwh ac (-antrot) F 1-0 c X. i!Z- 2P AT, Rr;1 NE 1,Phi li t20, I AI'11r.3+3 ",t taif Reoeprdcia rypr, MounL d beior DrKws C ca j A 1 �NGINI- D1i~ WSl 0rite; 14ora l DT4$6 $4vidardTveyp_5 tmbr s, � zai S 2t -:Ln, at r. }� . -e- R r r s1,T• 4. }, V�E"L� ;c'- �7ed.,,, e.' i' �ti��+ �' �. ,G�:`!a'.�,.�''.t"f,..rt;�l1 -.. *'�Ct:?��.'t�:r;,1 F' :)✓'lY�l :,e^�Q�'',r�)`•1��Oda', j4 n , t �i.AUGP AIR C 2 , R r r''- [ i l>CN Air Ctm-onaP !-bunied r: F UJ,6F- "'ON7, ROL Ele :hvniz Gon %4ls lrtlaSlal fb Sieb�in IVial : ti''x'r -'t iYPE C; YL KEDER iMEREVEG rlv 7f]d?w u=? UT'OU t'Vid C s »Gtrio, KiZy Op;mted GGi "ERidCr Rmd Space. S"Tanir. rh: GINF- C L DRAIN PLU G; NIzigrecic CLL FLTER, eyt�i"M5 Spri.- On a . F- NWC".'�tt Y, 81' cF �+'~ G' 7!'.'R'�' *gam c Y X -yy�t`� V v= � I'r� a74' 11iF3.Yl ��w'�.uPl�j il ]wt/ (V�}b. KA f -NN' Optimized Po5I1ioi u ` t : �uEl.'rILT�P twrgi(7e i jr FJV , scam -4' arno ; A-%a} Uistout l5crew on Type �a�=AN itT w3 ti I I J r1''µ -� ri vuw•.c r 'a.,i` 3*}u$ -, ti44i.. A"), 't'� J.INTERNP4.�`IrtAlA r a, 1E1 _ tc3e��e>~f1`:c.�tEssres r.�_:iub��c5.d 2e7ea1 r +y10 t I ?A,DA:10R il�tc..fat� �i� ;a xt = r tx, C gwr- �ry r �r � - -r ��fsF , 515 Spin, � �uve W, M..., 70 Sq E i.' ,I r9 ` h 16!4, iQ nsr, n n_. f � '471-,W. V�iG�' t r r- r, FFEEfF. Shr,Ei Rat ,Eiaa E4-tn, 4W 4 e • -40F C.,=) 3 Ex, rlC.N SYS i E- Aith r- L :gIopv1F.n4 T2nk :r'P.s ?iAi47r'. i?;.7L��S Pr�tttiait�, � ;tb',._r AIR CLEA14E!R Sinals j=;enner# { ErP+IG'MI: D-) Ni',%, Rr72i O MQUiv s =J F,211,i ,:ah ibr. fix 6Cdy Builder PTO Conirois: ' Vit igni`,inn Si?,Jon iifiaW"D C�WURDL rFr gin Spar-e3 Cot hj, aE 6Pl SV, 5btr3ry, LFa abb Speed: Mow -W cri 5je& Ina "JYh�i T ,"' NI, ml �iotl, AUTOMATIC rOMATIC fAW-i or .4 D- 3(,1;,,OP Cis 1J111h i''Tt7 Gim€sz,at'od Cv-:;s retsrtfar i F�.NE,ht61aISA SHEE7COKTROL (AEI:. 'ibrA;ii°s;m Mn & HD Transmistinr! J+I<L1 : t3 J Ii` SF d. E EisP 3TrG ' fi' ri° ,y semml ruc R, Uirity, Rdus�, �)lsmp,'E3 "and F ckup � �eisvery,: AY.Li , RtAk alNGLE Pena S�E6a;- Yr S�rt�ie .�.tciion ,1, 4:yCa�i 114 4yp�d (3-mil'ng Czar �t+a: 1 1 i PEAR A-Xt.> DRIAit1PC,UG(1)t� ?��En��t: i Sl r hr3lt�E�! RP, spiRmG, SINGLE I n;..I;.t<.�: CaFa i ew dtb 45M IbAwdliiau Ph bow aprr : t 'J ivMJ� i fit ; 30 ?AE Clfc : � acf mt ej '41 Tj Vntn iC��r Sight G�Lw ss.3 micrur! �i#ta¢��ndl_;�rx;w l�lwtc ~l�gE�;fa: E=L'r;L i AN Top Dmw; 0 Vyle, Stmi 50, U.S . 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EmIh'P-mr, and LW 613 ry %-,4 CA PIsSlim rWi MIP), WSE 3lf tr3+ r eti ^.i, Fuel ir'oEEmeteer ciL",'>wY.P, AL 75UI4 �r ,IE f vT DI I'JEFt j+r PJIa 'g l�n a�ri2xrr Eiph Beck fmn'= E =crsiY lfinyE wEi4t.F °uas3 Back. v ��. 7 ,�sEL. 3 -•=sas k, %�; a:�d �:�+ >�tda- 3�i#'t'yp� , , SE,ItT, :'1niC' tv!A.d r°,•1S.;:-WG_P 6 3414a9) d4;#h TE.�I ;rtt -3caE 1,';r'YI, irdlat, t°t€ad Merit., Liz Jrd�r��LSt-Ntga Carncaike:Ii!rt - .- „_- .,- _-- .,,..«. -•r- ^.. �.,..- �-.-.; . h s-.,: . >, „• r.. r—+ -r -�"£x 'T•'x a'.°” ,�r'�:sw?"°. '^ �-' - '-?.'G'ix�^'fi"'r; ICU Eli 4 4 1 MC: AZE- ild:Iklt,T,I�tl.OJX , €3 5 �� ,>��F.�^. �(�;iC:2 iGEG��:tlbt�s` :7t::ioCir• ��ne'rw M �scrx��acn Include= _ : Svc ; BELT P; O e 3;,du,4n, Sh,,'Jdfz S-0 ;:e ona 2-Pcint Lap BeI'I %w4lRROPS (2) rL@r€g A4eaic; I tvbngutf r, 7; 4" x 1 $4`, Bmokots Sreal,;aW.-g `i';ie, "Arm t 02" ffiidi= `;, rid, Verlh 7A. se- '-crfu�U Soth aides IINSTRUMENTI'ANCI.C-enter SaC o-11, F!at r w4i AIF+'. 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P ANT DI-SC: 22.5" Palnt*d an) iiwb Piloted, i Iairnd NU, Met= Mdunt, a.25 EC x.�+� t� it � staer liut tj. f i;€„i��iLs ; • t4ti � jr? � t f.�7, ♦ („til l Uica i f7tiP.l t�, Indides JVIje. fr° L "VitI £?�,12f �tCfilani DIE;Q; ,13-t:.ere r,- S., ,;,{yIAIJDC) Hub Pffdaa,Mar.;edNv f,,MfAr";.c'Mofxt:s,25DO,Pima. u^d:tt 3;is 4nc3u�. , : WHSOL SEALS, RTV,F 9d U, bmatet Indidez /hl 71FzL, F cCJtu ? 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WES;p ptsLK =PCT3, F IDR THE i CY:POSE Cr OET�.,INI ' j : I *),S` FOR :•qE PURCHASE E 10F A t PEtCIA?:1,1�El: TPIXSF Z,FICLI a ALL, 7;!DP IAra -ri PROPERLY A[UZFC`a 4v ? , -_'.;�..Y`. i IT7. 1::D F.PECFEP'lCATIONL M-%.y PR S.SC�'rTi •aLT7GH •THIZ rtTAINIs xCrR -35`3S.tit(Y TES irE-'i- ..LF MAJIdlr. u REATT T 22 "- 7c,4.3 r z hh _ sJ'VM .. x Bt_)GGS,:. 111, 1,'��t °LIB. +, 1^. , P.:m. CSE 737M1sz G} +7" 1� ull%1 ky. -)CT 20, 20U2 -P Fs.I>4 �F'tJi O.C.' PU-AL? "- .TIGTT Alter I2JV(510E TO . ZDRE VGV G4 "t.JUL 17..Ub 'tIs: tr,. r{"f r rnta :r1M rVf1'vl 01116 JU tl; 554E CE l��ii PUACMASliv,,:., CtrPT. WAREHC,.jS, LFFICE 5-15 01,D OKEE HC.3'17E o�Lry Purchase Order No. REO,NO.: �� 5E?�� h':��!� ln w_ _ /�`fAU2 w � �o � Q. DATE- ORIOINATOR: P'JB . t�T%> (VEH . MAIM i . J I 1'r ^EFE% :' i]C:3'pILS, INC. SHIP TO. _C3ri 'JFiik4 6r.aLC'. ISSTUO IEI� rr rT, 9 ,"L)DAESS' X51 pI 3 - ,t.Ur10 KE WAILS WEST PA's BEAma FL REQUiRIE 0 DELIVERY DATE: t[ ND-QR € O,: PETCt1r; ��I•IEIL r� Tti i'r : CAMP TJTION CODE: Melase lulms, thu 101dWNa'116tea t'iinrr to taia Town QI 110M, 500115104tio, ti�hiao to 1ftB ibis *ng wnawDrm: T. vaiwary itaxat muss' w too wit, iacetwng Qlar� 2 i rgpzjip Irmoit, owlewo to Yom of Palau SLacn muai be rtippon0d by raaaur% reeaipa. OUAN DESCRIPTION � PRICE AMOUNT - - -• ACCOUNT NO. ACC- 0F;r,r%1,,rC.8 "sN',tTH 22ALI-ID At�=En 13Y THE `:CW 1 COUMCTL 013 12/10/02. I I EA, 2003 11'404R STEER, 'TRASH C- ��',ytI�' 106410~000 3 06, 410: 00 320-S14-534.6401 OF ORDER P :.:'� . SY°- I)A' ' KILr2�ti Post -Its Fax Note 76'1 Qaw f � .410 ' G0 Dj)Pt. Phe # imona try,, Fax 1, �# . P.0 '19DTAL � ;x;,06, 1D. oC P . 0. TOT Z, R.Y.ACTLIr -*-106.410 06.410 DOLLARS AM) Ind -_ 'ri.ORtDA S F SAUE-a TAX £x£hAPTIC�Pt THE TAT •IONN OF PALM VEACH I$ EXEMPT T CERTIFICATE ?413: a0 t r3 t : 1449 -540 � FROM FEDERAL E=$E AND mail involees and S aeernent5 to-, 1 TfiANSPCRTAT)ON TAXES 'i"G5WN OF PAI.IM 0EACH Pt.. FICHASING DEF A�'PPOVED: SE1 OLD Where tax applies invoice must ShO w �Mgg price, amoort of tax, not pace- Ezelt'tpi101t kd"Si €� Lt1 13 ?CK F_ 30401 _ certiiic3tia wilf'Gs igned vwcrl refit QSt. ' SHOW P'URGhASE t'ORIDER tvOM6ER ON A CHASIN G AGENT TICKETS, PACKAGES, 0A '=ES, RENDER SEPARATE iNVOICE FOR EA014 PURCHASE ORDER R NDCA INVOICES ONLY FOR I'AEHCMANDISE THAT HAS ACTUALLY BEEN SHIPPED � 0GL IVERY HOURS: 8:00 am - 4:00 pm, Closed SAT-SUN. i T 1 m 9 C 6 c• 7 0. � 0 :1 y� �aspa l- PAX (561) $35 -4688 _t ri.ba.. '�D. L �^r. -,.�T ..-_-•-'-,-.`'—,"' {''ik:'�,�'S„a`�.,�'s..=^.,';c. ;-n`+,"°M . s,.; zt ��?; ,_'a?r,;.:�t,' ,r . , : .,v , T�:.°'yii.,N"'';�;' `L'@41 INVOIVE P5.YrmRSEN INDUSTRIES, -NG, WVOICE DATE' Pf rfR.sfR'IX "TrRrfs- 20166 V.$, HWY 27 0 0 0 31 G,4 2 INVOICE NO. LAKE E 1NAL 5, F[_ 33853 2 0 0 3 7 S ! ORDER NUMBER 2 o $63-5 76-1493 CUSTWER NUMBER 000000-000766 CUSTOMER Per N4>rMBER, 39301 W * SHIPPED "10: 'tt:z TOWY OF PALM 8"R CH 95i { KSEC'HOPFE RCS ,J) , LE ��I � I��r, Mk7iTTENANC'`E i?E1='T IlBSfi LM REACHI FL 33401 951 OLD CiICEk'CHOBRE R(DA D WEST PALIM ByFaC14, yL 33401 1 PACE yf �: (;5/„5/03 C.3 � I r x" Ti,� t r kLAF S`�`r� EI? C! 15, 4 i.+G . 0 0 w tai EA t 1 o 6 ; 4, � C} . 00 L�:r".7IITN.t.I.7t� ._,�'yADEklI�S3- 0�(i3� Q51 t I 3 _ �TT CITY OF A M T- 7i [� 7y T rye I r a— NEW CHAS S 18 1a +�t.J G 1 i 11.00 1 r � f `mr 0B 1VEFV• LV 111'Y. Y 11 CY"A t:•• t .frJOEA I `7fr V iT•. # :t.I�T'F�iMP�v +J 3 H� fl "? 41.3 i III PARTS: LOO 01 1 Qtt 3 t rJ 0 0 D ,A? � 1.0- LSE?... `32.1 #38229 00 a C A ryry IrI"2.Z:S 333 r i ` l I I ! I III f r $UB.T01-AL 106, 410.00 FREIGHT . l 00 .r, cr3 to arci ra urned g:7ad. bAliL�? a acnrnpPnsed nyttrrs G:11. MISC. CHARGE .00 A Dally ,Senn__ CMarite equal to `2% per anrLm WILL 8E C"lASigED Jtv ERCH TAX - ) 0 FAST DUE r wolcE: t Wa invoice hm?, to tip aviiavev throm * aft;, vt ar. PAYMENT AMT .00 der &d of an atmay, . tiler pvro ir;,ger �itjnbm to:FSy a reesannble• bttorntyl+B ibe - t�ir me Rtak!n1 7! aai:t �-4ec2; r. Pius m owet Qoz m'. i f i 9. 2003, 3: 13PM3424;PETERSEN I ND • INC. 863 676- 684414L -No • 4919 P • 2/43 SERVICE CONTRACTS esrEltMATlOasc 1000, 4000, 7000 MD SERIES 4000 SERIES - OPTIONAL SERVICE CONTRACTS Milesltcrn Partat a NCO Policy Fealum 111rms CC-Ted Months Hours (000) Low (Cow) Na_ Code Engine Electronics Only 36 0300. 170 1280 100% 200 350 P341OF Excluding Injectors 06 7200 2001320 100% 200 110 P3410G 35 8,00 2251360 f00%; 230 400 P3410H International QT486E, 5$0E, Or STOE 36 9000 2501400 100% 250 440 P3410J 36 9000. 2751440 100% 280 490 P94'IOK Emgine EtettlBrrticc Parts 3E; 10800 3001480 100°k 310 540 P3410L 446bP Central System Ha & Connek rtlssaes OM. ECM Power Relays 48 1800 50190 10016 z00 350 P3411A 45 2700 761120 100% 200 350 P94f1t3 Mpdu!®s 49 3800 100/140: 100% 200' 350 P3411C 400DR ACM . EleCtmnic Gonteol 48 4500 1251200 100% 200 350 P3411D EPR- Emaust Back Pressure 48 5400 1591240' 100% r 200 350 P3411E 408DS IoM- Injection Omre 4e 6300 1751280' 100% 200 350 P3411P IPR- lnjo0on Oil Pmwuro Cantrol Regulator 48 7200 2001320' 100% 230 400 P34110 40BOr' VPM -' eNcle P4rsormilly 48 8100 2251301): 100% . 250 440 P3411H SansOr3 48 9000 250/400' 100% 260 490 P341 1.1 AN • AMblenl Teriparolure 48 9900 275/4,40 700'16 310 $411 P3411 K gAp • 9lxrorneMa Pssure 49 10800 3001400 100 1/6 340 590 P3411 L CLS - Coolard Level 60 1800 $0 / 80 10096' 200 2$0 P3412A CUP - CentshaR Posil{al1 60 ' ' 2700 75 ! 120 1 a' 0 D9' 2ao 3 60 P34 128 E9P - Exhaust Back Pressure 80 3800 100 / 166 f 00% 200: 350 P34120 ECT - Engine 00dant Temperature 60 4500 1251200 100% 200 350 P34120 40BOU I EOP - Engine 00 Pressure 00 5400. 1501240 100% 200 360 P2412E EOT - One Oil 7amperalur9 60 6300 1751280` 100% 200 350 P3412F tAT- tntake Air Temperature 60 7200 2001320 100% 230 400 P34120 40BOV ICP -Jn)edlon GonUol Prmth'9 60 8100' 2251380 1005"0 250 440 P 3412 MAP - Mal»'lold A1>aohlta Pressure 60 9000 2501400 100% 280 490 P3412,1 40B0W TPS- TlfroM Position 60 8900 '+2751.440 100% 310` 540 P341E}t 60 10800 300/486 100 0 330 seo Pia t2� 4Qeox 7hts coverage does not rnavcre Irla�ror TM M #4e 7u ekwwwo ore- vrslu�a.na e.- M-er -�- 72 te00 60 / 80 100% 700 050 ' P3413A 72 2700 751120 100% 200 35o P3413B Re9lsierw{(h form G7S,2306 71 8600' - 1001160 10096 20D 350 P�413C 72 4900 1251200 100%- 200` 350 P34130 72 0400 1501240 100% 200 350 P3413E i 72 6300 1751280 10096 210 370 P3413F 72 7200 2004320 100 % 230 400 P34130 i 72 0100 2251360 100% 260' 460 P3413N ! 72 9000 2501400 100%! 2901 510 P3413J 40BDY j 72 9900 2751449' 100% 310 540 P3413K 72 10800 300/480 100% 340 590 P3413L i 84 1800 50190' 100% 200. 350 P3414A 54 2700 751120 100% 200 360 P3414B 04 3800 1001160 100% 200 350 P3414C 84 4500 1251200 100% 200 390 P3414D 84 5400 1501240 10096 200 350 P3414E 04 - 5300 1751280 100% , 210 370 P3414F 84 7200 2001 NO 100% 230 400 P3414G 84 6100 2251300 100% 2701 470 P3414H 64 9000 250/400 1009A 230,: 490 P3414J 84 990P 2151440 100% 316 Sao P3414K ti4 losao 300/480 10096 330 350 P3414L f Note. All warranties are 11m1ted. ,goo 4000 M�1 BERIt:S SERVICE QQItT{� CT-9 PRICES EFEECnv% 00aber 2, 2003 j ,7909 PRM+zaa REVISION No. 7 PA0922 - ava�r�rrg awwae wctrrour rroT�. All taxo.atrl whM n..N. laiii(t51117N UnRd SkMnr dMMeka • pACm h Cmud(�n Jwl" b webs mrwctt Aa1d N ttlr. Received Time Oct. 9� 2;49PNM1 i j I 10 Oct, 9. 20,032 3:14PM3424 PETER SEN IND. INC. 863 616- 6844gAL No,4919 P 3/414 SrERVICE CONTRACT niERM6iDR�e >; 1000, 4000, 7000 MD SERIES 4000'SERIES - OPTIONAL SERVICE CONTRACTS MIh/Km Pa►lfsi Prle4 >POf1 r.etuoe (temgca"rod' Months Hants (000) Labor (J$:!Pdar1 (CDN ;`) Na. COCO Inglne Electronics Only 36 8300 1751280 100% 430 ! 750 P362OF Including Injectors 36 7200 200 /320 100% 480 840 P362OG 35 9100 2251360 100% 540 850 P3820H 5 International pT41 E, 53DE, 4r 570E 36. 9000 250 F400 ton% 600 1,050 M20J , 36 9900 2751440 100% 670 1,180 P3620K En Vine ElacDT40 9 36 10800 300/480 100% 750 1.320 P3620L 40BCA CQlrtrnl System Hammes & Connaetats IoM. ECM Power Relays 4e 19pn $0100 100% 320 ' 560 P36211A 48 2700 751120 100% 350 6i0 P36210 1nJtuctws and COnrtet tors lNeat m 48' 3600 1001190 100% 360 990 P3621C 40BCB 40 4000 1x61200 1a9% 400 1'00 P36210 EGM - t_Iectronic Control 48 5400 1 B0 / 240 100% 430 ' 750: P3621 E 409CC EPR - Exhaysl Bark Pressure 46 ' 6300 1751260 100% 460 040 M621 p IDM - Injodlon OtWo 48 7200 2001320 100% 960 860 MOM 40000 P IPK - k4scaM Oel Fromm Contml Regdiator 48 9100 2:25/ 360 100% 610 11070 P3621Ft VPM -whide Pe► milly 48 9000 2501400 109% 680 1.190 P3621J Sensors 48 9900 2751440 100% 760 1,330 P3621K ATS- Ambient Tampararure 49 10600 300 /480 100% 850 - 1.490 P36211. ' BAR 7 Baronratrlc MOSGure so 1801 so l so 100% 300 690 P362M CLS- Cbolantlevel 60' 27001 751120 100% 360 660 P36224 CMP - CamoBlt 14oswark 60 3600 1001180 100% 410 720 P39220 EEP - Exhaust Back Pressure _ 90 4500 1751200 100% 440 "' 770 P362213 40130E ECT - Engine Coolant Temperature 60 5400 150/240, 100% 460 840 P3622>± -E EPP Engitra Ole Pressure 60 8300 1 i5 (280 100% 540 ®50 P3622 F EOT d Eene 06 TempwalUra 90 72:00 200 f 320 1 DO% 610 1.010 M220 40BG6 IAT r intake Air TeMpersture 60 8100 2251360 100% 690 1,190 P3622H � i t s iCP Inject on Cv� Pressure 50 8000 2601400 100% TOO 1 , 334. P36 72,1 40BCH W.: M'3f aid AbsO ula PM33ure 50 8900 275 / 440 100% 800 1,490 Pse22K TP9 - '1mWtl Posl0a0 60 10804 =I 400 100% 930 1.630 P3622L 40BCJ 'f 1t ad��ndtmen�ot�wser .vw.00ufa6v M -or Jw' 72 1000 bb190 100% 390 420 600 P3623A 72 2700 79/ 120 100% 740 P36238 RaersferwtNt farm CTS 307 72 3600 1001160 100% 464 610 P3623C ' 72 4500 1251200 100% 490 860 P36230 l' Ili + 12 5400 1501240 100% 540 950 P3623E 12 63ou 175 / 280' 100% 610 :1,010 P3623F 1 72 7200 2001 axe 100% 860 1,190 P3623G j72 0100 225 /380 100% 760 1,330 P3623H 72 9000 2501400 100% 850 1,490 - P3623J 40OCK r„ 72 8800 2751440 100. 940 1,650 P3623K I 72 10900 3001480 100% 1,040 1,830 P3623L j 64 180D 50/60 . 100% 430 750 P3524A 84 2700 751 120 100% as4 6i0 P36246 t 84 3600' 1001160 100% 500 880 P3624C 64 4500` 1251200 100% 640 950 ;P36240 84 5400' 1501240 100% 800 1,050 P3624E 94 6300 1751280 100% S80 1,100 P3024F • 84 7200' 2001320 100% 760 11320 P36240 94 8100 2251360 10095 050 1,490 P302414 84 90M 2601400 1009'. 940 1,650 P39243 94 9so0 2761440 10095 - 1,040 1,830 P38241t 84 i0800 3001460 10001 1.160 2,040 P3624L Now All warranUes are 11mited. •- 1000, 4900, 7000 Ma $Fives SERVICP-CONTPACT6 pKICES BFFISOMVE October 2.2009 PLM-282 1i MSIONNO.7 PAN 94 auaJECTTOCSW1aHW►1NOUTK4'DeE : � utm,..�ay.,wMa+ *pPac.w. • Frkas b Cwaftrt DNMn For "Mix mnn cn OW to C1wo. Fenrw a w UnlMd SuMSa�n.,t,a I Received Ti`me:Oct, 9. 2,49PM I 10 Oct, 9, 20031 3:14PM3424PETERSEN IND. INC. 863 616- 6844JAL No 4919 P 4/4,2 IIIIERNAi1HIIAr. SERVICE CONTRACTS -- 1000, 4000, 7000 MC SERIES ��T YrIi IIIM III Ii lMMI II ltll.�.� -1 �� 4000 SERIES' - OPTIONAL SERVICE CON CTS M11QWKm Parts! Prlea Price Policy Feature Items Cowed , Months Hours (000) Lzbor (141 (CONS') N9. gods Engine Only 36 6300 1151280 300% 460 N 610 041124 36 7200 200 1320 I U% 090 1,090 QM 28 128 Intsmailionst DTd56E! 530E. or 570E 36 0100 2251350 100% 730 1,200 841120 Engine Components 36 9000 2501400 100% goo 1,550 941120 36 9900 2751440 1011% 1,090 1.920 94112E Engine lntemaNyLubdopted Marts 36 10800 3001460 100% 1,290 2,270 31tf121E 40BAM FoolTronefar Pwv Turbocharger 48 1840 510100 100% 200 350 941.13!4 Weer As 2700 761120 100% 230 400 9411319 48 3500 1001160 100% 290 490 941130 40BAN 7M G& OW 7ffi ch eI @f f V1N U� M b* AA'.'A0- 413 4500 1251200 100% 960 630 94113D Registrr with farm OTM05 48 $400 1601240 100% 460 810 94113E 49HAP 46 6300 176/280 100% 580 1,020 ; 94113F 40 7200 200/320 100°% 720 1,700 941130 40BAR 46 BT00 2251360 M% 690 1,560 9411311 46 9000 2501400 100% 1,090' 1,920 94113J 48 9900 2751440 100% 1.300 22,200 94113K 48 10600 3001480 100% 1,540 2,S0 94113L 114 1800 50/80 100% 210 370 94114,4 50 2704 75/120 100% 250 440 941149 60 3600 1001160 100% 320 560 94114C 60 4500 1251200 100% 420 140 94114D 401 -- 60 5400 15UI7AQ 100% ^-'550 -- 9130 14114E 60 6300 116/200 10095 720 1,250 94114F 60 7200 x00 / :tti^0 10096 910 1.600 94114G 408AT 60 8100 2251350 100% 1.140 2.000 94114H 60 8099 $601400 100% 1,400 2,460 941141 40SAU so WQ0 2751440 100% 1.690 2,970 841 T4K 60 10900 3001480 100% 2,010 3,540 W 14L 40SAV 72 1800 50180 100% 230 400 94116,4 7Z 2700 75!120 100% 270 470 041108 72 3500 100/160 100% 360 FaO Od1150 72 4500 1251200 100% 490 860 941150 72 5400 150/240 100% 660 1,160 94116F- 72 6300 175 /200 100% 870 1,530 94115E 72 7200 2001320 100% 1,110 1,050 ` 941150 72 8100 2261360 100% 1.400 2.460 G4419H 7Z < 9000 2501409 1011% 1,720 3,030 94115J 40SAW 72 9900 270/4140 100% 2.080 3.650 94115K 72 10900 300 1480 100% 2,480 4,370 94115E 84 1800 50/60 10096 260 650 9d11G A 84 870 751120 10096 no 560 941166 84 3600 1001160 100% 420 740 9411 SC 84 4500 1251260 100% 570 1,000 941160 ' 64` 5460 150/240 100% 770 1,350 9411 SE 64 6300 1761200 400% 1,010 1,790 64116E 64 7200 2001$20 100% 1,900 2,290 94116G 84, Bi00 2.2$1360 100% 1,630 2,870 941161-1 " 64 9000 450 /400 1100% 2.010 3,540 94111U S 04 9900 2751440 70096 2,440 4,300 94118M( S: ®• ®® 64 10800 3001480, 100% 2.910 5.120 $A118L Nvts: All wrametlsll ItrS Mlmltsd. III YII II IO !•IAIY��YIIYIYY 1000! 4000, 7400 00 39ME$ 5FJ2 rm CQNT RACTS PRICES trPFEMPO amabw 2.2003 PLIA+S$2 1 @WI$IQl1 NO. 7 PAM 2H sas�eCY7oCtjMj;dWI7NOVrtYolncE ,1-n fuws fix1ra. Wh#fl +P ImbhL rn tMn9�d N 0,e UrAt9 81sww V*00 d ' Pjkm in Cizm&m Daum formMq* caftidt wig - Received. Time Oct 9. 2:49PM October 10, 2003 Prepared For: Presented ray: CITY OF SOUTH MIAMI Rechtien International Trucks, Inc. ROBERTO GONZALEZ Diamond SPEC` Mike Audette PO BOX 1 7227 NW 74th Avenue SOUTH MIAMI, FL 33145 Miami, FL 33166 (30s )Oss-7209 CAF SOUM MIAM Now i Modes FroIle 2004 Diamond SPECTm +4300 SBA 4x2 (MA025) MISSION; ` Requested GVWR: 35000. Calc. GVWR: 35000 Calc. Start / Grade Ability: 23.4% / 1.95% a 55 MPH. Carlo. Geared Speed: 67.6 MPH. DIMENSION: Wheelbase: 236, CA: ' 168.9, Axis to Frame: 96 ENGINE, DIESEL: flntemational OT466 Standard Torque} Elec tmAydraulic Fuel Sy m, 50 State, 2 30 HP C 2300% 600 RPM, 620 lb-ft Torque Q 1400 RPM, 2600 RPM Governed Speed, 237 Peak HP (Max) TKANSMISSTON, AU'T'OMATIC: (ALLISON MD-3060P) Close Ratio, 5- Speed; With PTO Gear and Less Retarder CLUTCH: Omit Item (Clutch & Control) AXLE, FRONT, I -REAM TYPE: fintemaiional 1- 12030) 12,100-Ib Capadly AXLE, RI AR,.SINGLE: (Dana Spicer 23090D} Single Reduction, 23,000 -lb Capacity, With Driver Control L ocking'Differential, V th 200 Wheel Ends Gear Ratio: 6.11 CAB: Conventional, Steel TIME, FRONT: (Z) 11R2Z6 G149 RSA (GOODYEAR) 501 rev /mile,,'load range G,14 ply TIRE, REAR: (4)110,5 UNISTEEL G167A (GOODYEAR) 497 revlmile, load range G,14 ply SUSPENSION, M SPRING, SINGLE; 1/ad -Rate; 21,000 -lb Capacity, Wdh 4500 lb Awdli4ry Rubber ap itig` 1 Proposal: 274 TO '39dd -1NI N3IlH03N b588L96b56 Z5 :80 EOOZ /OZ /OT [NTaRNATIONALO Vehicte $plc f cations October 10, 2003 21104 4,300 $BA UZ (MA025) C�R9Ci1DtfOi1 Base Chassis, Model 4300 513A 4X2 with 230 Wheelbase, 10$.8 CA, ana 96 AXIS to Frame. TOW HOOK, FRONT (2) Frame Mounted, FRAME RAID Heat Treated Alloy Steel (120,000 PSI Yield); 10.375" x 3.705" x 0.438" (263.5mm x 94.1 mm x`11.1 mm); 456.0" (11582mm) Maximum (SAL BUMPER, FRONT Full Width, Aerodynamic, Steel; 0.1424 Material Thickness lnclpdes PLEASE NOTE: Powder Coatod Gray (Argent) Color GROUSMEMBER, REAR, AF (01) WHEELBASE RANGE 199 "'(505cm) Through and Including 254" (645cm) AXLE, FRONT, I -BEAM TYPE (InternaIIonal`1- 120SG} 12,000 -lb Capeoity SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 12,000 4b Capacity; With Shack Absorbers Includes SPRING PINS Rubber Brushings, MaintenanwFroe BRAKE SYSTEM. AIR Dual System for Straight Tnick Applications Includes AIR COMPRESSOR AIR SUPPLY DINE Int®mation2l Engineo Noturally Aspirated BFZA E CHAMBERS, SPRING (2) Rear Perking BRAKE LINE&Color Coded Nylon SLACK ADJUSTERS, FRONT Automatic BLACK ADJUSTERS, REAR Automatic PARKING BRAKE VALVE Color-Coded Yellow Knob, Located on Instrument Panel DRAIN VALVE Twist Type SPRING BRAKE MODULATOR VALVE GAUGE, AIR PRESSURE Located in Instrument Cluster Air 1 and Air 2 Gauges, AIR BRAKE ABS (Bendix AntiLock Brake System) Full Vehicle Wheel Control System (4- Channel) AIR DRYER fMaritor Waboo Sytftm Saver 92001 Mounted In Standard Location BRAKE CHAMBERS, SPRING Relocated To Rear of Rear Axle For Maximum Ground Clearance aFzAKES, FRONT, AIR CAM "am, 15.0" x 4A "; includes 20 Sq. In. MGM Long Stroke Brake Chambers BRAKES, REAR, AIR CAM 10.&'x 7.0 Irialudtm MGM TR3030 Long Stroke Brake Chamber and Heavy Duty Spring Actuated Parking Brake AIR COMPRESSOR {BendlxTwFlo 550} 13.2 CFM STEERING COLUMN Stationary STEERING WHEEL 2- Spoke, 18" Dlam.,. Black 2 Proposal: 274 Z9 39dd 11NI'N3I1H03d V988L96b96 z9 :80 E99Z /9T /01 1NTORNATIONALo Vehicle SnoFfications October 10, 2003 2U04 4300 SBA 4x2 (MA025) ryes�crioiirrrr STEERING GEAR (Sheppard M-1001 Puwe EXHAUST SYSTEM Single, Horizontal Muffler and Short Tail pipe, Aluminized Steel, Frame Mounted (tight Side ELECTRICAL SYSTEM 12 Volt, Standard Equipment Includes . FUSES, ELECTRICAL SAE Blade -Type TURN SIGNAL SWITCH Self - Cancelling, Headlight Dimmer (with Flesh -To -Pass Feature) HORN, ELECTRIC Singl$ PARKING LIGHT Integral with Front Turn Signal and Rear Tail tight STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector STARTER SWITCH Electric: Key Operated TURN SIGNALS, FRONT Flush Mounted Include Reflectors and Auxiliary Side Turn Signals, Solid State Flashers; DATA LINK CONNECTOR In Cab For Vehicle Programming and Diagnostic WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted WINDSHIELD WIPER SWITCH 2 -Speed Integral with Turn Signal Switch with Wash and Intermittent Feature, WIRING, CHASSIS Color Coded and Continuously Numbered CIGAR LIGHTER MORN, ELECTRIC (2) BODYBUILDER WIRING Back of Cab at Frome, Includes Sealed Connectors for Tail /Amber Tum/Markor/ Backup/Accessory Power/Ground and Sealed Connector for Stoplrurn BATTERY SYSTEM flntarnationfal) Maintenance -Free (2) 12 -Vott 1100CCA Total RADIO {Panasonic CORA 111 NAM, With Cassette Player, Includes Multiple Dual Cone Speakers 1�hrdes SPEAKERS IN CAB (4) Coaxial with Premium Interior SNEAKERS IN CAB (2) Dual -Gone with Deluxe Interior BACK -UP ALARM Electric, 102 dBA HORN, AlR {Grover) Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail HEADLIGHTS Halogen; Composite Aero resign for Two Light System; Includes Daytime gunning Lights ENGINE SHUTDOWN Automatic; With 30 Second Delay, With International Engines ALTERNATOR (Lesce- Neville 8LHA2054UAH) 12 Volt, 110 Amp, Brush Type INDICATOR, LOW COOLANT LEVE€. With Audible Alarm STARTING MPTOR (L.eece- Neville M100R)'12 Volt; less Thermal Over -Crank Protection CIRCUIT BREAKERS Manual Reset (Main Panel) SAE `hype III With Trip Indicators, Replaces All Fuses' Except For p Fuses GRILLE Chrome FRONT END Tilting, Fiberglass, With Three Piece Construction Proposal` 274 E0 39dd -11NI'N3UH036 b988L96ti96 Z9 :80 E00Z /0Z /0T ilaT RKATroNAV Vehicle Saga �atians October 10, 2003 2004 4300 SBA 4x2 (MA025) Gascrwatian. _' F: PAINT SCHEMATIC, PT -1 *Single Color, Deslgn 100 incl d PAINT SCHEMATIC ID LETTERS ,'GA" PAINT TYPE Base Coat/Clear Coat 1 -2 Tone COMPETITIVE SURC14APZGE CREDIT CLUTCH Omit Item (Clutch & Control) ENGINE, DleSEL (Intemational DT468 Standard Torque) Electro- Hydraulic Fuel System, 50 Slue, 230 HP 2300/2000 RPM, 620 lb-ft Torque 6 1400 RPM, 2600 RPM Governed Speed, 237 Peak HP (Max) FAN DRIVE (Sorg - Warner SA85) Vtwus Screw On Type Includo FAN Nylon RADIATOR Aluminum; 2-Row, Cross Flow, Over Under System, 516 Sqln Louvered, With 270 Sgln Charge Air Cooler, 4.25" Core FEDERAL EMISSIONS for 2002; far Intornational VT3615, T44412, DT466 and DT530 Engines AIR CLEANER Single Element THROTTLE, HAND CONTROL Engine Speed Control for PTO; Electronic, Stationary Pre -Set, Two Speed Settings; Mounted on Sleatina Wheel TRANSMISSION, AUTOMATIC (ALLISON MD- 3000P) Close Ratio, 5-Speed, WM PTO Gear and Less Retarder Includes TRANSMISSION OIL PAN Magnet In Oil Pan TRANSMISSION SHIFT CONTROL (ALLISON) Push- Hutton Type, for Allison MCA & HD Transmission OIL LEVEL SENSOR With AllWon Transmission; Includes Readout at Shift Selector TRANSMISSION OIL {Castro) TranSynd) Synthetic; 29 thru 42 Pints ALLISON WT SPARE INPUT /OUTPUT for General Truck, Utility, Refuse, Dump, Bus and Pickup & Delivery AXLE, REAR, SINGLE (Dana Spicer 23090D) Single Reduction, 23,000 4b Capacity, Ylfilte Driver Control Lockfhg Dlfferen ial, With 200 Wheel Ends Gear Ratio: 6'.17 Includes REAR AXLE DRAIN PLUG (1) Magnetic SUSPENSION, RR, SPRING, SINGLE VarWate; 31,0004b Capacity, With 4500 lb Auxiliary Rubber Spring FUG; TANK Top Draw; D Style, Steel, 50 U.S. Gal. , 189 L Capacity, IS" Deep, With Quick Connect Outlet Mounted Right Side, Under Cab 4 Proposal: 274 b0 39dd 11NI N3IlH03d b588L56b56 25:80 600Z/0I/0Z INTERNATIONAL' Vahia , §peciiications gctober'10.2QQ3 2004 4300 SBA 4X2 (MAOZ5) �scriptFon' in I FUEL. LINES Nylon Tubing With O -Ring Snap -On Quick- Connect Fkdngsr at Both Ends' CAB Gonvu tional, Steel In_ cl_ udes O EARANCE/MARKER LIGHTS (5) Flush Mounted ARM REST (2) Molded Plastic, Smoke Gray; One Each Door FLOOR COVERING Rubber, Black GOAT HOOK Located on Rear wall, Centered Above Rear Window GRAB HANDLE, CAB INTERIOR 0) "A" Pillar Mounted, Passenger Side : GRAB HANDLE, CAB INTERIOR (2) "B" Pillar Mounted, Otte Each S1ds3 STEP (2) Two Steps Per Door : GLASS, ALL WINDOWS Tinted GAUGE CLUSTER English With English Electronic Speedometer Include :ODOMETER DISPLAY, Miles, Tdp'Mlles, Engine Hours, Trip Hours,, Fault Code Readout WARNING SYSTEM Low Fuel, Low (ail Pressure, High Engine Coolant Temp, and Low Battery Voltage (visual and Audible) GAUGE CLUSTER GAUGES (5) Engine Oil Pressure (Fiec tronic). Water Temparatura (Ela(ftnic), Fuel ( Electronic), Tachometer (Electronic), Voltmeter GAUGE, OIL TEMP. ALLISON TRAM SEAT, DRIVER (Gra -Mag) Non-Suspension, Mid Beck, Vinyl, With Fixed Bade )nciudes SEAT BELT 3- Point, Lap and Shoulder Belt Type SEAT, TWO -MAN PASSENGER (Ora -Mag) Vinyl, Less Under Seat Storage Compartment In>du SEAT BELT (2) One 3 -Point Shoulder Belt and One 2 -Paint Lap Belt (Center Position) MIRRORS (2) (Lang Mekra) rectangular, 7.44" x 14.84. ", Oraokets Br9aakamy Type, With 102" Wide Spacing, Wtth 7.44" sq. Convex Both Sides GRAB HANDLE (2) Black, Aiuminum; for Cab gantry Mount+ad L.cft and Flight INSTRUMENT PANEL Center Section, Flat Panel AIR CONDITIONER (Intemationai Blond- Air} With integral Heartor & Defroster Inol REFRIGERANT Hydrofluorocarbon HFC -134A HEATER HOSES Premium FRESH AIR FILTER for HVAC GAB INTERIOR TRIM Deluxe Includes ud C 4 5 Proposal: 274 I i 50 39dd -11NI N3I1H03d V988LSGV96 Z5 :80 600Z/0T/0T i IlrrTIERNATIONAL4 ythicle Sneciiielfipins October 10, 2003 2004 443100 SBA 02 (MA0251 :, De�ariutran CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets and Retainer Nets and GB Radio Pocket; Smoke Gray with Black Ne#ing`Over Storage Packets "A ` PILLAR COVER Melded plastic, Smoke Gray HEADLINER Printed Cloth INSTRUMENT PANEL "PRIM Molded Plastic, Drawbridge Gray with Black Center Section, Hidden Cup Holder and Ash Tray (pull- out) DOME LIGHT, CAB Rectangular, center Mounted, integral to Console Door Activated, Timed Theater Cumming SUN VISOR (2) Padded Vinyl Integral to Console with Driver Side Toll Ticket Strap, STORAGE POCKET, DOOR (1) Melded Plastic, Smoke Gray, lull - Length; Driver Door GA19 INTERIOR TRIM PANELS Molded FlaSUG, Full- Height; All Exposed' Interior Sheet Metal is Covered DOOR TRIM PANELS (2) Molded Plastic; Drivver and Passenger Doors WHEELS, FRONT DISC; 22.5" Painted Steel, l0 -Stud 05.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs. Includes WHEEL SE=ALS, FRONT Grease Lubricated, Includes Wheel Bearings WHEELS, REAR DUAL DISC; 22.5" Painted Steel, i O -Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steal Huts Inclu WHEEL SEALS, REAR Oil Lubricated, Includes Wheel Bearings (4) TIRE, DEAR 1 f R22.5 UNISTEEL G1 67A (GOODYEAR) 497 rev /mile, load range G,14 ply' (2) TIRE, FRONT 11 R22.5 G 1 X49 RSA (GOODYEAR) 501 rev /mile load range G,14 ply ' Services Section: WRTY,LTD, BASIC VEHICLE DSPF_C (Diamond SPEC) To 24- MontWnlimited Mileage;; includes Diamond Emergency Breakdown Service; With 90 -Day Towing 6 Proposal: 274 90 39Vd -1NI N3UH03d VSBBLGGP96 Z9 :80 600Z/0T/0T , ^ �:a- ,;;^:?� iNTERNATioNAV Fdggnfiial Summary October 10, 2003 2004 4300 SBA 4x2 (MA025) (USA DOLLAR) Description prier Net Sales Price: $x$,885.51 Memo Item(s): Body /Allied Equipment. $10,750.00 Note: Memo itsm(s) shown here are included in the above Net Sales Price. Approved by gaiters Accept$d by Purchaser: A.. T /wa 2. c9ndlai "Title and s is Firm or Susinesa Name I - Auth6died Slp Authorized Signature and Date ; This proposal Is 00t binding upon tho sailer without Selle "a Nuthorized Signature. Official Title and Date 7 Proposal: 274 t0 39dd -1NI N3llH03d V988t96b96 Z9 :80 600Z/01/0Z Please feet free to cont2Ct me regarding these spooifoations should your Interests Or needs charge. I am confident you will be pleased with the quality and service of an lydemational vehicle. OPTIONAL' EXTENDED WARRANTY CHASSIS- EXCLUDING GAR -P BODY AND NORMAL WEAR & TEAM ITEMS 5 YEARS, 150,000 MILES $5,950.00 ENGINE ONLY- 5 YRS.l150,000MI $1450.00 TRANSMISSION ONLY SYRS. UNLIMITED $950.00 60 39dd -11NI'N=H036 VSHi56tr96 25.80 E00ZI0T /0T Gar-P Industries, Inc. Tel- (306) 888 -7262 10890 N. V. South River Drive kax: (306) 888 -40913 TRucrc soorEs Miami. (Medley), Florida 33178 (800) 662 -GarP (4277) www. qtr cam Email: sales ar _eom' An lne.500 Company Friday, October 3, 2003 Mr. Mike Aude R,echtien Miami Florida wa. fax #03Q10-1013 We Are Pleased To Provide You With Our Following Specifications For One (01), Gar -P 22' Model #22GP85T5454, Steel "Trash" Dump Body. edfiications: A ro) imate Length ft, 22' ' " 6705.0 Width O.D. Qn. mm : 96" 2438.4 Width I.D. (in./mm): 87" 2209.8 Side Height I.D. in. mm : 54ff 1219.2 Tailgate Height-L.D. in. mm : 54" 1219: Cubic Yards: 1 1 26 Materials: A roxiimate Hoer 3/16" Steel Tailgate: 3 16" Steel Unders'cl"t�re: Lanti ltudinai:" x 9.8 1b. Structural Channel Cross-Members: 4 ".X 4.1 lb. Structural Channel ♦ Sub - Frame: Not Ap2licable CONFlDF.AJ77AL QUOTATION- PAGE I o r Gar -P Industries, Inc, Tel.: (305) 888 -7262 10890 N.W. South River Chive Fax: (306) 888 -4098 TRUCK BODIES Miain.i (Medley), Florida 33173 (800) 682 -GarP (4277) www. ar .com Email: aaigsftUr- ` .4om� An Inc.500 Company Friday, October 3, 2003 Standard Features: No Cab Shield Twin &am'Doors Vertical Bracing Throughout Semi - Automatic Tarp System, with Ground Levef Con&d, and Mesh Cover Boxed Top Rail Front and Rear Comer Posts Heavy Duty 3116" Steel Floor 45- Degree Sloping Rub Rai! Inside 2" Radius Sides to Floor Full "Structural Channel" Crossmembers Understructure Crossmembers Fully Gussetted at 12" Centers Heavy Duty "Structural Channel" Longitudinal Hearty Duty "Weld -On" Rear Hinges Heavy Duty 2" ammeter Cold Rolled Steel Hinge Pins Commercial inter techTm Direct Mount Hydraulic Pump -- No Driveline Side Mount Hydraulic Reservoir + inlet Screen + Vented Cap + Emergency Slug -Off Valve Heavy Duty Steel Hydraulic Cylinder Base Rear Apron Car -P Light Package, Includes + Re- Install Facfiory, Supplied !Rear Lights (StopiTurn/Tail) + Four (4) Recessed Mounted Side Marker Lights (2 Red / 2 Amber) + Reflectors Audible Rack -Up Alarm Rear Rubber Mud Flaps with Gar -P Logo / Or Dealers' Gar -P In-Cab Controls, nclude: + Floor Mounted Control Console + Pump Lever with Center Safety Lock + PTO Engaged Warning Light Rubberized Undercoating to Body Understructure * Spreda/ Feafviv Two Coats Sherwin-Williams Primer / Sealer, and Two Coats Your Choice Color Enamel CONFID. N7",IAL UOTATI ®N- PAGE 2 OF 4 TT 39dd -l1NI'N311H03N b988L96b96 ZS:80 600Z/0T/0T NOW; Comrrmerrciai lniet h TM #73124. Snap-On Glass- i~illed Becirinrgs for Contaminants Absorption. Threaded Stop Rings. External Packing Nuts for Added Tube Support and Easier Servicing. Wave Springs and Chevron Packing for Positive, Self-Compensating Seals. High Temp2rature Resistant Hytrel Rod Wipers, # Nominal Diametar (irr.); "` 7' Number of Stages; 3 ♦ C� �� ' • 7.i [b. Pump: CommeldwIrm # C102 2.5 Pump and Valve Combination, 1-hree I itjon Valve. Direct Mount Type (No PTO Drlvellne) 48 gpm @ 1800 rpm. Maximum rated Pressure 2500 psi. Includes Patented Internal Relief valve to Probeet Pump and Cylinder. Relief valve Pre -set at 2000 psi. Maximum Speed 2400 r m. lower-Take-Off (PTO).- 0Wsea _ Hott -.shit PTO Reservoir: Steel Side Mounted, Vented Cap, and Emergency Shut-off Valve Option (s); Add Per Unit Plu !n insulated Whirr Harm. Color Coded Wlrin . Includes RabberZ& Und a to tea!' UndegVVCturq Mcluded Gmund pontrol Crank for Semi A utomafte Td' included RearBum rfor Under-ride VMIOP bn Includes Hd,%Oitt° PTO fbrAllisan Aut'omaiio Transmission C W rncluded Automatic Over spud Control Disengage May be Available with Allison MD3060 ftansmisslon. Included Gar -P Electric Tarp System with Inside -Cab Controls Cab- Shield Mounted Wind Defledor, Chain Guard and Mesh Cover. "New DVrect - 571ent DnW Motor 485.00 Other Options and models Available upon Request Notes. Recommended C/A (Single Rear Axle) 168" = 48" Body Overhang R ommended C/A (Single Rear Axle) = 174" 42" BLWj Overhang All Price (s) Quoted EXW Our Medley+ (Miemii) Floridn 'Plartit Federal, Slaw & Local Taxes Which May Be Applicable Not Included Port Delivery Charges if Applicable Are Not Included This Quotation Valid for Thirty (30)' days Subject to Change Prior to Our Final Acceptance P11VACrAMO CONFIDENTIALnY NMCR THE INFommuON owAmw IN T= GOMMUNICATion IS CONFIDENTM AND INUMUD SOLELY FOR THE USE OF THE 1101M UAL To W"Of4 IT IS AODMM MID OTHM AUTNOitM TO RL°CEEVE Ii, IF YN ARE NW THE AM!lImm RANT ANY DLSCLosuRE, GOFYrnG AwmmIJ om OR TAKING OP ANY ACMON IN RguMCE ON TNK WXY M S up ants ARPOM►UM J3 F'KQNA0TED. IF YOU HAVE RECWp TERN COH14UNICATWN IN ERROR, PLEASE tMMEOIATELY NOPTIFYTHE SENDVA AT THE PHONE NUMBER INDICATED. Jorge JaGarci CONFIDENMx, Qr1O?`ATIVN- PA GE 4 OF 4 ` ET 39dd 11NI NMiH03d t,588L56b56 Z5 :80 600Z/0T/0T m, wr x RECHTIEN INT'L 3058859230 ..10107/03 10e39am P. 002 �_'UF -GHA_ ..: ORDER _ /'�* y�/y ^�y /+fir ry �y��_�/� ,x, /��yy -y FLORIDA a x.l., ��.� nu 'VL BV7'1fiC/ �/'i- i3�4JUPfi L.�UItl'f FT L,'•rY Plll3C111AkSE'QRDER tr PAGE '�lI3CHASINd DEP AR tjCil N� �;r 1 7'T20• WEST 6AKLANb PARK BouLEVAPD SUNRISE; FLohDA•33351 �L� A�} y1 __ A e 11 T,1y1T�L7NI71 !'M7PI CIYFR - - --" ' �y rAv '- - .- .- .."'..' °•"'171SI.Mll �7'7'l.Y+7fY^NTi! I , _ 51�,�.E�J�Et a Pf1RCNR AIII ALL 9/SMIPMEM iM " BLaAl+1KEf AapEAN ON � ,'-•?� LI9T8 AND INVOICEM rAILU t'x'� {`' { ,y c e TtT iNt�,tJ)aA Ti♦IS IAIFjRMATION.MLL R94- utsRnq w a x. r RF,'F1J,4 " D , +m Rc r AI. 4F. 5HfpM! N7 A7 VHNOOGra7 t kul r4it ..:;... '`-i`...•'llliit`i"''� '+'P'1"y'.1'Tt4Y �U ' t' h �•� �p .�++,... '• ANU /C„lA ELAYGF PAYl71F.1!liS. �ffNLY47 GTICE, c 4 44,i. T�+ ; 3 !`�� ' •.,�',., ,, ...r a w �s 1 a � 1 s�xa fi- 4 »'- dtU,a�rc,° v�� .'i . 1 ',+ }., '�� (C��•tti �. � '�•� ,5 .+ 7. 'lna 'f+�yylt! i/'T fltiti N. j� ..._— `-'n.. 1 Ci T i AayT fW1�a� 8 t C- TRt. f CX �` � I Mi,�L �.. =�F1� 9P , 7227 MW 74 A�'�MU M H; 3895 10TH AVE*: e #r, FLR T:, 3 3.,1 a IIAT[ RFlIN7G17 " rEflM LV QAI,F 60 R FOB "FFlEf ITl•BFI . �� LINE ANII.:IUj''^ TIM2 y.,LW"•1. ,� °1 �. w+•Q• mm .7.' • �• rw at ,wuEIVC1 :'wiEM II(•. +I r _.' ,�"' Yi{,. Y � ...�•�7ct�i�'y6,4•��e" -�. �, �r�Jl" �.�,�i�T_" � ra i '.. it ,,,1� Ay � ,•,y...,-{,, w _ IaG r4' e ^t°��T i ^l �y;ll 4 A+f�.•'. FOR —'AIDDIT 1 Will I LOCATION AT TIC TIZ IW 'S TED ZIRIRECT Sip, ' ��# #�e��k�� =' ��k��k$� "•lk.#��'•�•�a�:��ak�# �?c> fk��+k��k��*�#'�•��a4lk.+�•�: ,� is 'iw"T,`o .� � 8'. 0y. 'x3 I 'p-IC--, MINI..° ,««yy G ppA,p �h "E'1!iFC t1.�.","hs 1�T �l`.* V, $MH CL E MAI NT ENA:.'R . v y- 7 J i GIs EFFECTI Z DA 3 ? + 'Cl PAYMENT Tar (WIT -- SPECliLrZED B #�JES I Nth T Uf yGE-TS•s 1 DIGSER• x ` :TC 40 BID MUST. STATES' 'THO ` Vl�MMLES MUST ,� � a tvA ndridlad�iltnaNtfrccipfiNh hdlitlnedI� Se6Bdn 2tl2 Steti,itvd ._... 131nSIirlDr! py 6x,�ri'Ottl"aatt5Y5 vefc6V " i ..:. • .' .� . . hU "uF9UR� ifiolR � mZ» as % ret li t e dT ranaTOTAL drygtq xlfda a,i�pkmanlingruta�; send ,MS�ah�,�il'+>spr000ribadbytha `�crat iH�SCHOGL' " "....6Feq Impdraledl5ereln: k aMaf4sb rydfd; 06., -AoMA, Ir1IDA-S7A'�E3ALE9 TAI. EXEMPT Its U Rf4*f"7C FCI5CRAt EXCI.SL• TA C F „� "• " xv XEMPT: s9- 7O•oo62a 8 Y ^r ,av-• a� y.:�,^�.s�i'm �'"� t; sue- � *a�.r ��.,a�i'�.., =z -� .'7�r.�s i «, '�'°' .,e -°�'w -_ a.,t -,��f �°,�° . ,:`"�""'� RECHTIEN INT'L SZESSS9230 10!07103 10:39am P. 009 Bid No. 23 -19OX Page 80 of 93 Pages The School Board of Broward County, Florida VEHICLES SECTION 5, BID SUMN16RY SHEET ITEM 11, 1 Each 1 each international 4300 SBA 4 x 2 or equal Towing and recovery vehicle with trade in. Year 2004. As per attached bid specifications. With trade in .............................................. . $_/ea Less trade -in. $ - lea Total Cost (towing and recovery vehicle), less trade"- in .............:....... :................... Make Offered: Model Offered:. Delivery Time Required (MUST BE ON OR BEFORE .TUNE 30,2003): Warranty: Months _ or Miles (See Special Condition 6) ADDITIONAL INFORMATION REQUIRED EXTENSION OF OFFER: Bidder is requested to indicate if additional quantities may be purchased at the price quoted herein. Additional quantities may be purchased if ordered on or before _ MUST BE COMPLETED BELOW, Failure to include this information with bid or within five days of submittal shale result in disqualification of submitted bid. (See Special Condition 6), Name and address of local service facility (within Broward, Miami -Dade or Palm Beach Counties) NAME: ADDRESS: TELEPHONE NUMBER: CONTACT PERSON: , VENDOR NAME GTAr RECHTIEN INT'L sessessZ30 10l07t03 10:39am P. 004 Bid No. 2$-190X Page 81 of 93 Wages The School Hoard of Broward County, Florida VEHICLES BID SPECIFICATIONS, ITEM 11(Continued, Number of units required: _1� Double XX denotes equipment required Year: 2004 Chassis Type[Model: International 4300 SBA 4 X`2 or equal Color, hoof Cad° imroiaOSilfile olyu than or equek< r. Roof ca drnr�n :artd; ouvmq -and "recoveiy -lady, flnron # 5782U`066 e:Yellow Body Type. Yawing and. Recovery Vehicle With Trade In XX Minimum GVWR: 33,000 lbs. W.B. 205" C.A. 137.9" BEG BA ...__ -CE AF FH BL Warranty Coverage: Standard Manufacturer Blase Unit Eraae: Heat- treated steel alloy X- Reinforced _ Section modulus Engine Gasoline Diesel XX 250 SIP Cubic in /liter minimum 7.61. maximum _8.7L Turbocharged XX - -- RPM range Cooling Ste: STD - XX HD _ CAP. Air cleaner: Oil bath cap.gts. Dry type XX Oil filter: Disposable XX repi element XX� �. cap qts Fuel water separator XX ��.. Transmission: manual XX auto speeds 6., i VENDOR NAME: GT /Er RECHTIEN INT'L 305885s23e 10/07/09 10s39am P.- 005 Bid No. 23 -19OX Page 82 of 03 Pages The School Soard cf Bioward County, Florida VEHICLES BID SPECIFICATIONS, ITEM 11 Continued) Type Fuller or equal Transfer case Front axle & suspension i Front axle capacity ----12,000 lbs Front springs cap 12.000 Ibs, Rated ground each Front shack absorbers: STa XX HD 57 Power steering )t3 Rear axle &suspens6eir Rear axle capacity _23.000 Ibs. Dual rear wheels_ ----- X7(_ W_ Single xx tandem Rear springs cap. 2320 ' .: Ibs. Rated I Rear aux springs cap. Ibs. Rear shack absorbers: STD XX HD Brakes: Air XX Compressor size XX CFM 13.2 Brake sue frt - rated at GVW Type A,lr "S" Cam Brake size rear — rated at GVW Type Air "S" Card Parking braise ' Spring set �_ - - -XX Lever /Pedal !Wheels' Disc XX ` Multi -PC . Spare wheel _ XX Carrier VENDOR NAME GTllr n. RECHTIEN INT'L 3058859230 10107103 10:39am P. 006 Bid No. 23 -190X The School Board of Broward County, Florida Page 83 of 93 Pages VEHICLES ' BID SF'ECII=ICA�'IGNS ITEM 11 (C ®nth Front: Rated for GVW Load Range G _ -- Rear: Rated for GVW Load Range `G Spare: Rated for GVW Load Range G Type: Passenger —Truck XX_ Tube Tubeless _XX Electrical: Alternator XX amp 145 Saf#ery(s) 2 volt_ 1300.. CCA total ICC lights: 2 corner _ 3 center _ XX ICC flasher (hazard warning) XX Turner signals front: Parking light Double face Rear: stop /tail light,_XX. -' single /face _ XX Backup fights: XX side markertreflectors _ XX Reflectors: front amber rear red XX t – Cab: Interior Seats: Individual: driver air seat XX- pass. X Arm rest LH XX RH _ XXr sun visor. LH _ XX , Rh XX Windshield wipers: Air Elec. Speeds - Multi ?(X___ Air condition: XX Type r i I i VENDOR NAME: i GT /Ir ! ! RECNTIEN INT'L 30seess280 10/07/03 10:39am P. 007 Sid No.23 -19OX Page 84 of 93 Pages The School Board of Bro+i+ard County, Florida VEHICLES BID SPECIFICATIONS, ITEM 11 (Continued) Mirrors: interior Tinted windshield XX All glass XX Moveable Vents or windows: LH _ . XX RH -XX XX: . Heater defroster XX Cab: Exterior Mirrors LH XX RH XX Size 16" X 7" West coast XX Horn: Elec. XX Air XX i Fuel tank(s) No 1� cap. Each 50 aal All units delivered are to be equipped with the following: 1. Gauges: Ammeter and oil pressure. 2. Fire extinguisher 2A 10 BC minimum mounted. 3, Seat belt for each passenger seat provided,, ," 4. Audible sound backup alarm. 51 Manufacturer standard warranty minimum 12 months, 12,000 miles unless otherwise indicated. Additional Requirements 6. Mud flaps. (No'advertising) NOTE: Exterior mirrors must be mounted as to provide sufficient rear vision after any body installation or modifications if required before delivery. TOWING AND RECOVERY BODY SPECIFICATIONS Towing and recovery unit to be a Jeri pan Model MDL 14 Ton Towing and Recovery Body or equal VENDOR NAME, GTflr ter'. -. _"...'E".�'" ''�,"�», .�` - . x, ,"R;�•s;; �^ --^'. ;a; ^' .,�- .- �e;�•'�E , ' . "•F .�;d�a,�"5."�„.r, -. SOUTH Q .� � ., V ^� • `.INCORPORATED -. • 1927 L O R -1 p Excellence, Integrity, Inclusion TO: Mayor and Commission DATE: October 7 2003 FROM: Maria Davis SUBJECT: Agenda Item # ! l� City Manager Commission Meeting `1 a REQUEST 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. SUMMARY OF REQUEST In accordance with Florida Statutes, a ten -day period is an accepted standard as being reasonable to allow 'correction of many Code Enforcement < violations. The City of South Miami currently uses the accepted standard of ten (10) days for correction of most violations, including those relating to overgrowth. If violations involving overgrowth are not corrected, the City allows an additional 15 days following posting of the property. In order to provide a more expeditious process whereby overgrown conditions on vacant lots, including unimproved lots and vacant structures, are corrected, and to maintain the Florida Statutes accepted standard of 10 days, it is recommended that the City allow five (5) days for correction of these violations and, if these violations are not corrected, allow five (5) additional days following posting of the property. RECOMMENDATION Approval is recommended. Additions shown by underlining and deletions shown by everskiftg 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA RELATING TO CODE ENFORCEMENT PROCEDURES 5 NOTICE; AMENDING SECTIONS 12 -8.3 AND 12 -84 OF CHAPTER 12 OF THE 6 CODE OF ORDINANCES ENTITLED "ENFORCEMENT PROCEDURES; NOTICE "; 7 AND "COST OF CLEARING AS LIEN ON PROPERTY ", PROVIDING FOR 8 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City has reviewed the enforcement procedures notice and the cost of 11 clearing as lien on property for other municipalities and 12 13 WHEREAS, the City has 'found that the time to remedy the condition in other 14 municipalities is (5) days after service of such notice; and 15 16 WHEREAS, the City in order to provide a more efficient and speedy process whereby overgrown 17 conditions _ on vacant lots are quickly corrected by the City for the public health, safety and general 18 welfare; and 19 20 WHEREAS, the administration recommends to amend Section 12 -8.3 and Section 12 -8.4 of 21 Chapter Twelve of the Code of Ordinances to provide a time frame of five (5) additional days to remedy 22 the conditions after service of such notice. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. That Section 12 -8.3 of Chapter Twelve of the Code of Ordinances is 28 hereby amended as follows: 29 30 Sec. 12 -8.3 Same- Enforcement procedures notice. 31 32 Upon the failure of the owner of any vacant or unimproved lot, parcel or tract of land, or of any 33 lot, parcel or tract containing vacant buildings or structures within the city, to keep such premises free of 34 weeds, grass or undergrowth of a height of twelve (12) ;inches or more from the ground, or free of 35 garbage, rubbish, trash, litter, debris, dead trees or other solid waste, or free of abandoned vehicles, or to 36 keep such, premises free of excavations or depressions, as provided in section 12 -8.2, it shall be the duty 37 of the city manager or his designee to give notice, as provided herein, requesting the owner or owners of 38 such property to remedy the condition within fifteen (4) Five 5 ` days after service of such notice. 39 40 Such notice shall be given by registered or certified mail, addressed to the owner of the property 41 identified in the current county tax rolls, and shall be deemed complete and sufficient notice when so 42 addressed and deposited in the United States mail with proper postage prepaid and, in addition to service 43 by mail, by posting for at least ten (10) five 5 days in at least two (2) locations, one (1) of which shall be 44 the property upon which the violation is alleged to exist and the other of which shall be at city hall. Proof 45 of posting shall be by affidavit of the person posting the notice and shall include a copy of the notice 46 posted and the date and places of its postings. The notice shall be in substantially the following form: 47 48 Date: 49 50 Name of owner: 51 52 Address of owner: Additions shown by underlining and deletions shown by evero . o�st... g. l 2 The current Dade County Tax records indicate you to be the owner(s) of the following 3 described property in the City of South Miami: 4 5 An inspection of this property discloses, and the city manager has found and determined, 6 it to be in such condition as to be in violation of Section 12 -8.2 - of the Code of 7 Ordinances of the City of South Miami, because (state why property is in violation, i.e., 8 height of weeds, grass or undergrowth, debris, dead trees, etc.) 9 10 Section 12 -8.2 of the Code of Ordinances of the City of South Miami provides that it 11 shall be unlawful for you to permit this condition to continue, and you are hereby notified 12 that unless this condition is remedied so as to make it nonviolative of Section 12 -8.2 of " 13 the Code, within fifteen (15) five 5 days from the date`hereof, the City of South Miami 14 will proceed to remedy such condition, and the cost of such work will be imposed as a 15 lien upon this property. The estimated cost to remedy this condition would be 16 plus seventy -five dollars ($75.00) for administration charges for a total cost of 17 18 19 This notice will be the only notice given to you in a period of one (1) year from this date. 20 Any other violations occurring under this section shall be remedied by the city without 21 further prior notice, and the cost of such work,' plus seventy -five dollars ($75:00) in 22 administrative charges for each violation, will be imposed as a lien upon this property. 23 24 Very truly yours, 25 26 27 City Manager or designee 28 (Ord. No. 1596, § 2, 11 -7 -95) 29 30 Sec. 12 -8.4. Same — Cost of clearing as lien on property. 31 32 Upon the failure of the owner of property to remedy the conditions existing in violation 33 of the requirements of section 12 -8.2 of the Code within fifteen-( }five 5) days after 34 service of notice to do so, then the city manager or his designee shall proceed to have 35 such condition remedied by contract or direct labor, or both, and the cost thereof shall 36 become a special assessment lien against such property thirty (30' days after notice of 37 completion of work by the city. 38 39 Such special assessment lien shall be equal in rank and dignity with the lien of ad 40 valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances, 41 titles, and claims in, to or against the property. Such lien shall be payable with interest at 42 the legal rate from the date of the certification until paid, and may be foreclosed in the 43 manner provided by law or ordinance. Repeated violations of section 12 -8.2 occurring 44 within twelve (12) months of the initial notice may remedied by the city, asset forth 45 herein, without further prior notice to the violator.; 46 (Ord. No. 1596,§ 2, 11 -7 -95) 47 48 Section 2. If any section, clause,` sentence, or phrase of this ordinance is for any reason held 49 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validi ty of 50 the remaining portions of this ordinance: 51 52 Section 3.;- All ordinances or parts of ordinances in conflict with the provisions of this 53 ordinance are repealed. Additions shown by underlining and deletions shown by everstriking ,� 1 2 Section 4. This ordinance shall take effect immediately upon approved. 3 4` 5 PASSED AND ADOPTED this _ day of , 2003. 6 7 ATTEST: APPROVED: 8 9 10 CITY CLERK MAYOR' 11 12 1" Reading 13 2nd Reading — 14 COMMISSION VOTE: 15 READ AND APPROVED AS TO FORM: Mayor Feliu 16 Vice Mayor Russell: 17 Commissioner Wiscombe: 18 CITY ATTORNEY Commissioner Bethel: 19 Commissioner McCrea: 20 21 22 23 24 r 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Additions shown by underlining and deletions shown by everstriking. „ ..., . k , .:s•H ,PS�.s° s+�n;..,. ..<�T+=T,;r.«rx .r.. -- '.�;..^3' �q�E` 4 n r?.°Lk,"'4�'.'�T„`'T%''�'3 y� -��'"` 3.,.°" —yam."" MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O,V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Noticesofithe Miami'Daiiy Business Review f /k/a Miami Review, 'a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI = PUBLIC HEARING 10/21/03 ORDINANCE AMENDING SECTIONS 12 -8.3 AND 12-8.4, ETC. in the XXXX Court; was published in said newspaper in the issues of 10/10/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any 'discount, re commissi r refund for the purpose of securing this vertise for p blication in the said n gwsoaper. Sworn t nd s ribed before e t 10 of OBER 03 J." L-1 (SEAL) OFFICIALN' MAT O.�/. FERBEYRE person AIV LLERENA, I QI�.IC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. I:1NE 232004 PURI"— � s....,4AAA A AAE - %ul L�� •... ;1011 Ir's. r R�p► CITY OF SOUTH MI MI To: Honorable Mayor, Vice Mayor & Date: October 21, 2003 City Commission • ITEM NO._� From: Maria Davis J RE: Proposed Annexation: ,South Miami City Manager L High / Miller Road Area RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING PROPOSED MUNICIPAL BOUNDARY CHANGES BY ANNEXING THE UNINCORPORATED SOUTH NIIAMI HIGH / MILLER ROAD AREA INTO THE CITY OF SOUTH 1VIIAMI; AND REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY TO EFFECT BY ORDINANCE THE PROPOSED BOUNDARY CHANGES; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND SUMMARY The City has received a formal annexation request and signed petitions from resident voters living in an unincorporated area immediately west of the City's western boundary of SW 67th Ave., the City's western boundary. The annexation area is 396 acres in size and consists of residential and commercial properties. The area is generally bounded: on the north by SW 48' Street, on the west by the Palmetto Expressway and the CSX Railroad ROW, on the south SW 56th Street and SW, 60th Street, and on the east by SW 67`x' Ave. (See location map) NEIGHBORHOOD INITIATION During the past year the City has worked with a number of neighborhood residents representing different sections of the proposed annexation area. In January and February of this year City staff and Commissioners attended a number of open houses in the annexation area at the invitation of residents. Annexation information and information about City services was provided to the residents The City Manager received a letter from seven residents representing different neighborhoods within the annexation area.' The letter, which is attached, states that the reason for the annexation request is the neighborhood's desire to receive improved services and better government representation. The letter was accompanied by 337 individual petitions of electors living in the annexation area, who are in support of the annexation, -This total represents 31% of the registered voters in the annexation area, which is above the minimum number (25% plus l) required by County Code. Additional signed petitions are anticipated. The City Commission at its September 2, 2003 adopted a motion authorizing the first step in the annexation approval process, which is a public hearing with notification to property owners. Annexation October 21, 2003 Page 2 ANNEXATION APPROVAL PROCESS The annexation process in Miami- Dade County is spelled out in Sections 20 -1 thru 20 -9 of Code of Miami -Dade County (See attached copy of legislation) An annexation request can be initiated by the County, a group of citizens or a municipality. The first step in the process is a public hearing by the governing body of the municipality with notification provided to all property owners located in the annexation area and within 600 feet of the area. The process rewires the approval of the City Commission and the transmittal of a resolution to the Board of County Commissioners.' The transmittal to the County includes a technical report containing information on the annexation area, the effect of the annexation on property taxes, a timetable for providing services, and proposed land use and zoning categories. The document will also include the citizen petitions received, which will be checked by the Clerk of the County Commission to determine that the required minimum number of valid signatures of electors (25 % plus 1) have been submitted. The review process at the County will include public hearings before the County's Planning Advisory Board and the Board of County Commissioners. After the adoption of an ordinance changing the boundaries of the City of South Miami, a formal election is held whereby the annexation must be approved by the majority of electors who vote in the election. SOUTH MUM HIGH / MILLER ROAD AREA INFORMATION Land Area • Total land area -396 acres (equal to 25 % of City's current land area -1552 acres) • Linear street local 40,965 ft • Linear street county - 5280 ft Land Use:' Residential, single family, condominiums- townhouses; public high school; commercial/offices ; retail/ service stores, Uses Number • Single Family Residential detached 412 • Multi family Residential projects 3 (301 multi- family units) • Commercial / Office Buildings 20 • Retail 1 service buildings 6 • Public high school 1 Number of Businesses 170 (offices I retail) Population • Total estimated population 1761 (equal to 16% of City's current population = 10,731 ) • Total number Households (units) 713 (equal to 17% of City's current no. of households - 4129) • Total number of registered voters 1077 (equal to 17% of City's current no. of registered voters -6040) PronertX Value • Total Assessed value $172,490,385 (equal to 21 % of City's current assessed value -$814 million) • Total Taxable value $ 146,469, 718 Annexation October 21, 2003 Page 3 STAFF ANALYSIS (1) The annexation area is mostly made up of well maintained single family residential neighborhoods including the town home condominium projects of Bridgepoint, Marina Lakes, and Lakeridge. The area includes South Miami High School and a large professional office park development west of SW 72 Ave. (2) The boundaries of the annexation area were drawn in consultation with the various representatives of the area, primarily drawn along the centerline of arterial streets, railroad rights of way, and up to the border of an expressway. The eastern and most of the southern boundary of the annexation area abuts the City's current northwestern limit line. (3), The proposed annexation area is compatible with abutting City land uses. In addition there are no incompatible land uses and it appears that there will be no non - conforming uses or structures. (4) The Administration is in the process of finalizing a detailed review of the annexation area in terms of revenue generated and cost to provide services. Preliminary estimates are demonstrating that the City will have sufficient annual revenues generated to cover the cost of providing services to the annexation area at the same level of service provided City wide. RECOMMENDATION It is recommended that attached resolution ;approving a proposed boundary change to include the proposed South Miami High / Miller Road Annexation Area within the City of South Miami be approved. Attachments: Letter from residents Proposed Resolution Location map Annexation Process Chart Miami -Dade County Code Ordinance Sample Petition MVD /SAY E: \Comm Items\2003 \10- 21- 03Unnex. CM Report 10- 21- 03.doc L 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 APPROVING PROPOSED MUNICIPAL BOUNDARY L1 CHANGES BY ANNEXING THE UNINCORPORATED SOUTH MIAMI HIGH / 12 MILLER ROAD AREA INTO THE CITY OF SOUTH MIAMI; AND REQUESTING 13 THE BOARD OF COUNTY 'COMMISSIONERS OF MIAMI -DADE COUNTY TO 14 EFFECT BY ORDINANCE THE PROPOSED BOUNDARY CHANGES; PROVIDING 15 FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, pursuant to Section 5.04 of the Miami -Dade County Home Rule Charter and Section 20 -4 19 of the Code of Miami-Dade County, Florida any individual or group desiring a proposed' boundary ,change to 20 any municipality may initiate the same together' with duly certified resolution of the governing body of the 21 municipality involved approving such proposed boundary change; and, 22 23 WHEREAS, a group of resident voters representing more than required number of electors necessary to 24 initiate an annexation , as set forth in Section 20 -3(H) of the Code of Miami -Dade County, have submitted 25 petitions to the City of South Miami supporting a proposed boundary, change which would annex into the City 26 the South Miami High / Miller Road Annexation Area and 27 28 WHEREAS, pursuant to Section 20 -4 of the Code of Miami -Dade County the City of South Miami 29 City Commission at its meeting on October 21, 2003, conducted a public hearing on the proposed South Miami 30 High / Miller Road annexation area after giving written notice to all owners of property within the annexation 31 area and within 600 feet of the annexation area; and 32 33 WHEREAS, the Mayor and City Commission of the City of South Miami wish to change the 34 boundaries of the City by annexing the unincorporated area as more particularly described in the legal 35 description included herein and as depicted on the map attached hereto as Exhibit "A "; and, 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 39 THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 42 Section 1: That the proposed municipal boundary change as depicted on the attached map and as set 43 forth in the attached legal description, both attached hereto as Exhibit "A "; is hereby approved. 44 45' 46 Section 2: That the City, of South Miami hereby requests the Board of County Commissioners of 47 Miami -Dade County Florida, pursuant to Section 5.04 of the Home Rule Charter of Miami -Dade County, to 48 effect annexation of the properties legally described and as depicted on the attached map as Exhibit "A ", which 49 is made a part hereof. 50 51 Section 3: That this Resolution shall become effective immediately upon its adoption by vote of the 52 Mayor and City Commissioners. 53 54 55 56 1 2 (2) 3 4 5 Section 4: That certified copies of this resolution shall be provided to representatives of the subject 6 annexation area and to the appropriate officials of Miami -Dade County, 7 8 9 10 11 12 PASSED AND ADOPTED this day of , 2003 13 14 ATTEST: APPROVED: 15 16 17 18 CITY CLERK MAYOR 19 20 21 Commission Vote: 22 READ AND APPROVED AS TO FORM: Mayor Feliuc 23 Vice Mayor Russell: 24 Commissioner :McCrea 25 Commissioner Wiscombe: 26 Commissioner Bethel: 27 CITY ATTORNEY 28 29 " 30 31 32 33 34 35 Attachment "A" 36 Legal Description /` Map of Annexation Area 37 , 38 39 40 41 42 43 E: \Comm Items \2003 \10- 21 -03\SM High AnnexResolution.doc ��w.: r ar��. n ,w 08/22/2003 03:43 3056613323 CAROL VON ARX PAGE 02 6790 SW 52"6 Street )WI"I, FLORIDA 33143 August 22, 2002 Ms. Maria Davis City Manager City of South Miami 6130 Sunset Drive South Miami. 33 143 Dear Ms. Davis, This letter and the attached individual legal petitions constitute a request that our Unincorporated neighborhood as shown on the, attached snap, be annexed into the City of South Miami. The reason for our petition for annexation is our neighborhood's desire to receive improved services and better government representation. It is further requested that the City initiate this annexation as provided for in Section 20.3 Of the Miami-Dade County' Code. It is our understanding that the 5rst step of the annexation procedure is the adoption of a resolution supporting the annexation by the South Miami City Commission after a public hearing with property Owner notiftcation. It would be appreciated if this public hearing could schedule this hearing as soon as possible The residents of our community appreciated the assistance of your staff and the City Commissioners for the information and support during this initial part of the annexation' process. SirlCere , Lynn Meyor Ian Martinez Dr. Fran 1ohnsack ez� Guzman, 6790 SW 52 Ave 6725 SW 51 Str 5700 SW 67 Ave, 5$07 SW 69 Ct. &Awr Carol Von Arx Zeiller Marilee Shilen 5003 S't'd 71 PL. 016 SW 72 Ave 5510 SW 70 Pl. "J"Ub 171 A)6 K. Attachment: South Miami High/ Miller Road Annexation Map Oct 14 03 10z13a Schwebke- Shiskin (954)438 -3288 p.3 _ _PAL_ME_TTO EXPRESSWAY scacs� t" m 600, _ - -- -EAST LINE RIG74T F AY F PALMETTO EXPRESSWAY; - -� - - ------------ LIMITED ACCES RIGHT OF LINE w a `r agCT 0. 9f�1 9 AN �N S� Rl 0 S.W. 72nd AVENUE o WEST. LINE OF NI/2. 2 OF Nf1.4 SECTION 26 54S -R40E 7 -------------- I j yam, j �0 j m mj R �LnAEasrGW7'R4XWAVlNLAW4KTCrNf/ may I• I - - -- � 2yzc: -- j ._� z 2\ �- -- -- - --- — -- — PR a� ( - jtLUDLAMRO q%W..62MAV&4UE7 / m ltUDLAMROAMW.@?4AV8VUE) `V CCrr --NE CORNER OF EAST LINE Of Nl /2 EAST LINE OF SE714 OF Et /4 CORNER OF SECTION 26- T545 -R40E NE1 14 OF SECTION 26- T54S -R40E SECTION 23- ]545 -R40E No 01'9 SECAON 23- T54S -R40f o r- IO z SOUTH MIAMI HIGH/MILLER ROAD ANNEXATION AREA SEE SHEET 2 OF 2 k: 265440 CITY OF MIAMI dwg�ANNEXAPON AREA. dwg LAND PLANNERS • ` ENGINEERS • LAND SURWORS (18 #87) 240 CORPORATE NAY MIRAMAR, FLORIDA 39025 TEL. N 954)496 -70 0 'FAX NO. (954)438 -3888 ORDER NO. 168642 (PRE ARE UNDE PE ION DATE: 10 -10 -03 `l RESIDENT THIS IS NOT A "LAND SURVEY" ROBERT F. TACKSO P.L.S. I2408 (STATE OF FLORD)A) --•� -� . -�-�,T , , « ,. ,- . ,;: _ „�,� ti�,.�. � �- Win„ �-�„�; �� Oct 14 03 10:13a Schwebke- Shiskin (954)438 -3288 p.2 LEGAL DESCRIPTION OF SoUT.HMfAMI WGHjpMLER ROAD AWXATIONAREA: The Southeast 114 and portions of the Southwest 114 and Northeast 114 of Section 23 together with the North 112 of the Northeast 114 of Section 26, Township 54 South, Range 40 East, Miami —Dade County, Ronda being more particularly described as follows: Begin at the Southeast corner of the North 112 of the Northeast 114 of said Section 26 being the intersection of the centerlines of Ludlam Road ( S W. 67th Avenue) and S ` W. 60th Street), thence Westerly, along the Center Line of SW 60th Street and the South line of the North 112 of the Northeast 114 of said Section 26, to the Southwest comer of said North 1/2 of the Northeast i/4 of Section 26; thence Northerly along the West line of the North 112 of the Northeast 114 of Section 25 being the centerline of S W 72nd Avenue, to the North 114 corner of Section 26; thence Westerly, along the South line of the Southwest 114 of said Section 23 being the centerline of Miller Road (S. W. 56th Street) to a point that is 408.00 feet Easterly of the Southwest corner of said Section 23; thence Northerly for 50.00 feet to a point on the North Right of Way line of Miller Road being the Point of Curvature of a' circular curve concave to the Northeast also being the beginning of the Easterly Limited Access Right of Way' line of the Palmetto Expressway of Way Mop as recorded in Plat Book 68, Page 90 of the Public Records of Dade County, Ronda,- ht thence Northwesterly along said circular curve having a radius of 125..'12 feet to the Point of Tangency.• thence Northwesterly and Northeasterly, along said Limited Access Right of Way line to a point on the Southeasterly Right of Way line of the Seaboard All Florida Railroad. thence Northeasterly, along said Southeasterly' Right of Way line, to an intersection with the North line of the South 112 of said Section 23 also being the centerline of S W. 48th Street; thence Easterly, slang said North line / the South 12 of 5'echlon 23 to a point on the Easterly Right of Way line of the Florida East Coast Railroad,' thence Northerly along said Easterly Right of Way line to a point on the North line of the South' 141.00 feet of the Northeast 114 of said Section 23 also being the North Line of 'FIRST ADDITION TO BIRD SOUTH according to the Plat thereof as recorded in Plot Book 100 at Page 47 of the Public Records of Dade County, Florida, • thence Easterly along the last described line to a point on the East line ii of said Section 23, also being the centerline of Ludlam Road (S W 67th Avenue); thence Southerly, along the :East lines of said Sections 23 and 26' and along the centerline of Ludlam 'Road to the Point of ,Beginning. _ I SEE SHEET t OF 2 k-12%65440 � CITY OF M /AMII dwg 1ANNEXATIQN AREA. dwg a LAND PLANNERS • ENGINEERS • LAND SUI4YEYORS (LB #8T) 3840 CORPORATE 8AY dIIRAdfAR, FLORIDA 53085 TEL. NO. (954)436- -7010 PAS N0. (954)438 -8288 ORDER NO. 18884E PRE, ER S ER N r DATE: 10 -10 -03 THIS IS NOT A "LAND SURVEY" 0 RESIDENT ROBERT F. JACIG90N, P.L.S.2g0g (gTATE OF FLORIDA) I i --v „�' ® ° ® ®® ®11i ®- ■■ ®® ® ®_ ■k' �,� � s �� _ ■1 �� .�z��:�� ___s�� _ . ,.x ANNEXATION PROCESS Miami -Dade County Code Sections 20 -1 thru 20 -10 Boundary Change Procedures PHASE I CITYAPPROVAL • Signature petitions of registered voters collected • Signature petitions and annexation request letter sent to City Commission • City schedules public hearing, places ads, and mails notice to all property owners /electors in annexation area • City Commission holds public hearing; adopts Resolution supporting annexation PHASE H SUBMITTAL TO COUNTY • Annexation Document including a cover letter, City Resolution, petitions, and data required by County Code is prepared and submitted to 'County Clerk • Letter noticing that an annexation petition has been submitted is mailed to all property owners in annexation area and within 600 ft PHASE III REVIEW BY COUNTY • Board of County Commissioners, at a meeting, accepts / refers annexation request to County Administration, Planning Advisory Board • Annexation request reviewed by Budget Dept. Planning Dept. and Boundaries Commission; recommendations sent to County Manager and Planning Advisory Board PHASE IV PLANNING ADVISORYBOARD PUBLIC HEARING • Planning Advisory Board may hold public hearing on proposed annexation with property owner notification. Board's recommendation sent to Board of County Commissioners (2) PHASE V BOARD OF COUNTY COMMISSIONERS - PUBLIC HEARING AND ORDINANCE ADOPTION' • Board of County Commissioners holds public hearing on annexation proposal; mail notice sent to property owners. If Board accepts annexation proposal, it will direct the preparation of an ordinance • Board of County Commissioners receives and adopts annexation ordinance; ordinance not effective until voters in annexation area approve PHASE VI ELECTIONBYREGISTERED VOTERS INANNEXATIONAREA • Majority of the electors who vote in the annexation election must approve- PHASE VII IMPLEMENTATION • City of Soath Miami assumes municipal services for annex area. All appropriate Federal ( i.e. Post Office, Census Bureau) State, local agencies, notified by the City MUNICIPALITIES § 20 -3 ARTICLE I. BOUNDARY CHANGE Sec. 20 -3. Initiated by governing body of mu- PROCEDURE nicipality. Sec. 20 -1. Initiated by Planning Advisory Any proposed boundary change desired by the Board. governing body of a municipality shall be initi- ated by resolution of such zoverning body ari:onted (ai The Director of Planning, Development and after a public hearing held pursuant to written Regulation and the Planning Advisory Board shall notice mailed to all owners of property within the conduct a continuing study of all municipal bound- area and within six hundred (600) feet thereof in aries in cooperation with municipal officials, and such proposed boundary changes, according to the make recommendations to the Board of County current tax .assessment roll, and pursuant to Commissioners for the orderly adjustment, im- published notice; provided, however, that no no- provernent and establishment of feasible bound - tice shall be required when all owners of property' aries for all municipalities, commensurate with within the area and within six hundred (600) feet the comprehensive plan of development for Dade thereof shall consent in writing to the proposed County, and in compliance' with the preliminary boundary change. The cost of such notice shall be land use plan governing the areas involved in any paid by the governing body of the municipality, such proposed boundary changes. Three (3) duly certified copies of such resolution (b) All proposed changes ia-1 municipal bound- requesting the ra osed boundary changes, to- q g p P Y g i ' Advisory Board arses initiated by the Planning Advise gether with proof of compliance with the notice shall be submitted to the governing bodies of the requirements aforesaid, shall be filed with the _ municipalities concerned for consideration and Clerk of the County Commission, and shall be approval, prior to submission of such proposal to accompanied by the following:. the Board of County Commissioners, and shall be (A) An accurate legal description of the lands considered by the board of County Commission- or land area involved in such proposed ers only upon notice to the municipality or mu- boundary change. nicipalities affected and to the owners of property (B) A map or survey sketch accurately showing within the area. and within six hundred (600) feet the location of the area involved, the exist - thereof (Ord. No. 60 -42, § 1, 11- 29 760; Ord. No. 70-2, § 1, ing boundaries of the municipality or mu- 1 -7 -70 Ord. No. 95 -215, § 1, 12 -5 -95) nicipalities affected, and indicating the re- lation of the area involved to the existing Cross references - Planning Department, § 2 -104 et seq.; appointment and duties of Planning Director, §§ 2 -104 and municipal boundaries. 2 -105; Planrin; Advisory Board, § 2 -107 et seq.; land use plan, (C) Certificate of the County Supervisor of Reg- § 2 -111. 2-111. certifying that the area involved Sec. 2Q -2. Initiated by county commission. in the proposed bo,.i.ndary change contains either more than two hundred fifty (250) Any proposed change in the boundaries of a residents who are qualified electors, or less municipality: shall' be initiated by the Board of than two hundred fifty (250) residents who County Commissioners only by resolution adopted are qualified electors. - in accordance with rules of procedure governing (D) Abrief statement setting forts; the grounds the meetings and actions of the Board and upon or reasons for the proposed boundary notice to the municipality or municipalities in- changes. vol\; ed, concerned or affected thereby, and shall be accomplished in accordance with the controlling - (E? in the event ar�y municipality other than provisions otSection 5.04 of the Home Rule Char- the munic pali`v initiating the proposed boundary, chamEe is, materially affected ter. r:Ord. No. 60-42, § 2, 11- 29 -60? thereby; a resolution of the governing body Cross reference —Rules of procedure of County Commis- of such affected municipality or municipal- n. § 2 -1. ities consenting to this proposed boundary ,t ', -"'vC `i�'"`z3r4'"aTa_�,.r"'.§"i ?�•�49',T?'.: ,.r�•P"°,: -_ e ''=9�#,.i'"&..`%n T... § 20 -3 DADE COUNTY CODE changes shall be obtained and duly certi- (j) Zoning .administration. fied copy thereof furnished to the Clerk of (k) Local planning services. the County Commission. (1) Special services not listed above. (F) In addition to the foregoing,' there shall be (m) General government. filed with the, Clerk of the County Commis- (3) Timetable for supplying the services sion the following information: listed above. For each of the services (1) Land use plan and zoning. The munic- listed the time schedule for the provi- ipality shall present a general land use lion of that service shall be set forth. plan and a map showing proposed zon- The timetable shall be in terms of how ing for the subject area which, if an- soon after the annexation ordinance is - nexed, will be enacted by the munici- finally adopted will the service be pro - pality. This information shall be vided. If changes in the character and submitted regardless of size of area or extent of the development in the area state of existing development. can reasonably be anticipated, these (2) List of services to be provided. In this changes shall be taken into account in section the municipality shall describe the proposed timetable. in detail the character and amount of (4) Financing of the services listed above.. services which the municipality would For each of the services listed above, provide to the area if annexed. The estimates of the costs of providing, discussion of service levels shall take maintaining and operating the service into account not only existing develop- shall be set forth along with the meth- rnent but changes in the character and ods used in making the estimates. The extent of development which may be sources of funds which the municipal- reasonably: anticipated in the near fu- ity would utilize in providing, main - ture based on the land use plan and taining and operating the services listed zoning for the area as submitted by the shall be stated for each service and the municipality in accordance with (1) effect this will have on the remainder above. The statements, pertaining to of the municipality shall be analyzed. the various services shall be set forth under the headings listed below. The (5) The tax load on the area to be annexed. character and amount of services now This section of the report shall discuss being received in the area sought for in narrative form, including estimated annexation shall be set' forth for com- figures, the direct and indirect tax rev- parative purposes. enue from the area sought for annex - ation after annexation compared with (a); Police protection. the current period before annexation.' (b) Fire protection. Particularly this section shall clearly (c) Water supply and distribution. and concisely appraise the tax impact (d) Facilities for the 'collection and on the property owners and others treatment of sewage. residing and/or doing business in the (e) Garbage and refuse collection and (e) area, and on those residing and/or do- business within the municipality. disposal. Methods utilized in making estimates (fl Street lighting. contained in this section ilshall be fully (g) Street construction and mainte- and clearly set forth.' nance. (G) Certificate of the Director of the Depart- (,h) Park and recreation facilities and ment of Planning, Development and Kegu- services. certifying he Director's sole lation certif 'n that in t (i) Building inspection. determination an area proposed for annex - Supp. N,. 18 2832 MUNICIPALITIES § 20 -6 ation or separation having two hundred 20 -8 by the Board of County Commissioners, prior and fifty (250) or fewer registered electors to December 1, 1998, except upon a prior two- is more than fifty (50) percent developed thirds (2/3) vote of the membership of the County residential. This certification will deter- Commission to allow such filing, hearing, consid - mine whether an election of registered eration or approval. electors will be required as provided in (Ord. No. 96 -146, § 1, 10- 8 -96;, Ord. No. 97 -211, §. Section 20 -9. 1, 12 -2 -97) (H) Apetition filed with the Clerk of the County See. 20 -5. Initial consideration of proposed Commission indicating the consent of twenty -five boundary changes. (25) percent plus one (1) of the electors in the area proposed for annexation provided however, no The Clerk of the County Commission, upon petition shall be required where the property receipt of 'a request for boundary change filed in proposed for annexation is vacant or where there compliance with! Section 20 -3 or Section 20 -4 are two hundred fifty (250) or less resident elec- hereof, shall cause such matter to be placed upon tors. the official agenda of an ensuing regular meeting (Ord. No. 60 -42, § 3 11- 29 -60; Ord. No. i64 -21, § 1, of the County Commission, and shall notify the 5- 19 -64; Ord. No. 66 -60, § 1, 11- 15 -66; Ord. No. person, group or municipality initiating the 'bound - 70 -2, § 2,1 -7 -70; Ord. No. 9ro-39, § 1, 2- 20 -96; Ord. ary change of the date of the regular meeting at No. 96 -73, : § 1, 5- 21 -96;< Ord. No. 96- 136, '§ 1, which such matter will be 'considered by the 9- 17 -96) County Commission. A representative of the peti- tioners or of such municipality, as the case may Sec. 20 -4. Initiated by individual or group. be, may be heard briefly by the County Commis- sion in respect to the merits or propriety of the Any person or group desiring 'a proposed bound- request for � such boundary change. The County ary change to any municipality shall initiate the Commission shall refer such proposed boundary same by filing with the Clerk of the County change to the County Planning Advisory Board Commission a written petition in substantially for review, study, consideration and recommenda= the form prescribed and furnished by the Director tions. of Planning, Development and Regulation, which (Ord. No. 60-42, § 5, 11- 29 -60) shall be accompanied by the documents and in- formation prescribed in Section 20 -3(A) through Sec. 20 -6. Consideration by Planning Advi- (F) hereof, together with a duly certified resolu- isory Board. tion -of the governing body of the municipality involved approving such proposed boundary change, (a) The Planning Advisory, Board, upon receipt and shall give written notice to all owners of ; of a petition or resolution referred by the County property within the area and within six hundred Commission and the recommendation of the Bound- (600) feet thereof of his proposal for a boundary apes Commssion, shall study, review and con - change. The cost of :such notice shall be paid by sider the request for boundary changes embodied the initiating individual `or group. therein. The Planning Advisory. Board, in its (Ord: No. 60 -42, §;4, 11- 29 -60; Ord. No. 70 -2, § 3, discretion, may conduct a public hearing in re- 1 -7 -70; Ord. No. 95-215,i § 1, 12 -5 -95) spect to such proposed boundary changes and hear from all interested persons; the Board may Sec. 20 -4.1. Exception to filing and consid - require the petitioners or the municipality to eration of requests for annex - furnish any, additional information, data or instru- ments deemed necessary or desirable for consid - ation. eration of such request. If the Planning Advisory Notwithstanding anything in this article to the Board conducts a public hearing in respect to such contrary, no annexation request shall be filed, nor proposed boundary changes, it shall give written shall any filed request be heard, considered, or notice of such hearing to all owners of property approved, pursuant to Section 20 -7 or Section' within the area and within six hundred (600) feet C»nn No 2.3 2$33 § 20 -6 MIAMI -DADE COUNTY CODE thereof.. The cost of such notice shall be paid by ing the proposed boundary change and to all the individual, group or municipality initiating property owners within the area and within six the proposed change. hundred (600) feet thereof. The cost of such notice Before the Planning Advisory Board studies shall be paid by the individual, group or munici- and renews the request, the annexation report pality initiating the proposed change. At such will be reviewed by the appropriate County per- public hearing, the County Commission shall re- sonnel and by the Boundaries Commission. The view and, consider the recommendations of the statements contained in the annexation report Planning Advisory Board, and shall afford to all pertaining to the quality, quantity, cost and tim- interested persons an opportunity to be heard ing of the services the municipality will extend to upon the merits and propriety of the proposed the areas requested for annexation will be re- boundary changes.' viewed by the appropriate County, department to determine if the services proposed are adequate. (A) At the conclusion of the public hearing the The statements pertaining to the financing of the Board of County Commissioners, in _eval- services and analysis of the tax load on the area to uating the ,appropriateness of a petition be annexed will be reviewed by the Miami -Dade for boundary change shall consider the County Budget Officer. Upon completion of these following guidelines: reviews, the entire application will be processed by the Boundaries Commission and the Planning (1) The suitability of the proposed bound - Advisory Board and then forwarded to the County aries, in conjunction with the exist- Manager's office for his review and recommenda- ing municipality, provide for a mu- tion prior to submittal to the Board of County nicipal community of interest that is Commissioners for their consideration. both cohesive and inclusive. The pro - (b) The Planning Advisory Board shall make posed annexation area should: written recommendations to the County Commis - sion concerning such proposed boundary changes. (a) Not divide a U.S. Census Des- Copies of such recommendations ` shall be filed ignated Place, to the extent fea- wth the Clerk of the County Commission, and sible. copies shall be mailed to a representative of the petitioners or the municipality. (b) Include adjacent areas of eth- (Ord. No. 60 -42, § 6, 1',1-2; 9 -60; Ord. No. 64 -21, § 2, nic minority and lower income 5- 19 -64; Ord. No. 70 -2, § 4, 1 -7 -70; Ord. No. residents in which a majority of 95 -176, § 1, 10 -5 -95) those residents have so peti- Annot'ation —A0 4 -49 toned. Sec. 20 -7. Public hearing. I (c) Have contiguity and not create any unincorporated enclave ar- The Clerk of the County Commission, upon ea(s). An unincorporated en- receipt of the recommendations of the Planning clave area is defined as an area Advisory Board and the Boundaries Commission, that would be 1) surrounded on shall set the matter of such proposed boundary more than eighty (80) percent changes for public hearing at a regular meeting of of its boundary by one (1) or the County Commission and cause notice of such more municipalities and 2) of a public hearing to be published in a daily newspa- size that could not be serviced per of general, circulation in Miami - Dade County efficiently or effectively. at least on' ce not less than one (1) week prior to the date of such public hearing. Notice of such _ (d) Have natural or built barriers public hearing; shall be furnished to a representa- as boundaries, to the extent tive of the petitioner or the municipality initiat- feasible, and i Supp. No. 23 2834 l i "i MUNICIPALITIES § 20 -8.2 future Land Use Plan map of the Sec. 20 -8. Enactment of ordinance chang- Dade County Comprehensive Devel- ing boundaries: opment Master Plan, (4) The impact of the proposal on he The enactment of any ordinance providing for revenue base of the unincorporated changes in municipal boundaries shall be accom- area, and on the ability of the County phshed in accordance with the requirements of to efficiently and effectively provide Section 1.02 of the Home Rule Charter, this services to adjacent remaining unin- Chapter, and the Rules of Procedure governing corporated areas, meetings of the Board of County Commissioners. (5) The financial impacts of the pro- (Ord. No. 60 -42, § 8, 11- 29 -60; Ord. No. 96 -39, § 1, posed boundary change on the re- 2- 20 -96; Ord. No. 96 -73, § 1, 5- 21 -96) maining unincorporated areas of Dade Cross reference — Ordinances changing municipal bound- aries, Appendix B. County. Specifically in order to in- sure fiscal equity the per capita tax - Sec. 20 -8.1. Retention of electric franchise able property value of the proposed revenues. annexation area should fall between twenty thousand dollars ($20,000:00) Any changes in the boundaries of municipali- and forty -eight thousand dollars ties involving the annexation' of unincorporated ($48,000.00) in order to assure that areas of the County shall be made subject to the fiscal viability is maintained in the provisions of Ordinance No. 89 -81 granting an unincorporated area. The range of electric franchise to the Florida Power & Light per capita taxable value ,shall not Company, and shall be effective only upon the apply to the annexation of unincor- condition and with the reservation herein stated' porated enclave areas that are sur- that the County shall continue to collect and rounded by more than eighty (80) receive all electric franchise revenues accruing percent of their boundary by one or within such annexed areas from the effective date' more municipalities and are of a size of: Ordinance No. 89 -81 during the full term of the that can not be served efficiently or County franchise in the same manner as though effectivel y. such annexed areas remained a part of the unin- (6) Any other factor that arises by vir- corpo rated `areas of the County. Every ordinance ue of an y special or unique circum- enacted to effectuate the annexation of unincor- stances of a given area. porated areas of the County to a municipality (B) At the conclusion of such public hearing, shall expressly set forth such condition, unless the County Commission, in the exercise of the Board of County Commissioners, for good its discretion, may deny the requested cause, shall waive such condition by two-thirds boundary change,' by motion, or may di- vote of the entire membership of the board. rect the County Attorney to prepare an (Ord. No. 61 -8, § !;1, 2- 21 -61; Ord. No. 97 -94, § 2, appropriate ordinance accomplishing' the 6- 17 -97) proposed boundary change, which ordi- Editor's note — Section 20 -8.1 was added by Ord. No. 61 -8, nance shall ': be placed on the official agenda enacted February 21, 1961, and effective ten (10) days there- ' of _a subseuent regular meeting of the after.'' Such section was designated as Section 8A of Ord. No. County Comm: ission for consideration and 60 -42 and codified as §' 20 -8.1 by the editor, § 3 of Ord. No. 61 -8 adoption on first reading, or the County providing that the section shall be included in the Code and numbered to conform to the numbering system of the Code. Commission may defer' such 'requested boundary change for further consider- meeting, See. 20 -8.2. Retention of all utility tax reve- ation at a subsequent at which no public hearing' or discussion by others Hues. than members of the County Commission Any changes in the boundaries of municipali- shall be required. ties involving the annexation of unincorporated (Ord. No. 60 -42, § 7, 11- 29 -60; Ord. No. 70 -2, § 5, areas of the County, and shall be effective only 1 -7 -70; Ord. No. 95- 176, § 1, 10 -5 -95) upon the condition and with the reservation that Supp. i.�. 2i a835 § 20 -8.2 DADE COUN'T'Y CODE the County shall forever continue to collect and provides for collection services, and a twenty (20) receive all utility tax revenues accruing within year interlocal agreement which provides for dis- such annexed areas in same manner as though posal services in substantially the form approved such annexed areas remained a part of the unin - by Resolution No. R- 1198 -95. Every ordinance corporated areas of the County. Every ordinance - enacted to effectuate the annexation of unincor- enacted to effectuate the annexation of unincor- porated areas of the County to a municipality porated, areas of the 'County to a` municipality shall expressly set forth such condition. shall expressly set forth such condition. (Ord. No. 96 -30, § 6, 2 -6 -96) (Ord. No. 70 -84, § 1, 11- 17 -70) Editor's note -Ord. No. 70 -84, § 1, was codified by the Sec. 20 -9. Election on proposed boundary editors as § 20 -8.2 pursuant to § 3 of said ordinance. changes; required. Sec. 20 -8.3. Retention of cigarette tax reve - (a) If a boundary change involves the annex - nues. ation or separation of an area having two hundred Any changes in the boundaries of municipali- fifty (250) or fewer resident electors, and the area is more than fifty (50) percent developed residen- ties involving the annexation of unincorporated tial, no proposed boundary change shall be accom- areas of the County shall be made subject to the plished unless a majority of resident electors provisions of Ordinance No. 69 -7 [Sec. 29 -21, im- voting at such an election approve such boundary posing an excise tax on retail sale of cigarettes change. All costs of such elections shall be paid in in the unincorporated area of Dade County pur- advance by the persons, group or municipality suant to the provisions of Article VIII, Section initiating the " proposed boundary change. If ` a 6(f), Florida Constitution, and Section 210.03, boundary change involves the annexation or sep- Florida Statutes, and shall be effective only upon aration'of an area having two hundred fifty (250) the condition and with the reservation that the or fewer resident electors, and the area is less County shall continue to collect and receive all than fifty (50)" percent developed residential, the cigarette ,tax revenues accruing within such an- Commission may by ordinance effect the bound- nexed areas in the same manner as though such ary change in accordance with Section 5.04.B of annexed areas remained a part of the unincorpo- rated areas of the County. Every ordinance en- the Home Rule Charter. The determination of acted to effectuate the annexation of unincorpo- whether an area is more or less than fifty (50) percent developed residential shall be made in rated areas of the County to a municipality shall the sole discretion of the Director of the Depart - expressly set forth such condition. (Ord. No. 70 -85, § 1, 11- 17 -70) ment of Planning, Development and Regulation. Editor's note -Ord. No. 70 -85 § 1, was codified as § (b) In the event that a boundary change in- 20 -8.3 pursuant to § 3 thereof. volves the annexation or separation of anil area of which more than, two hundred fifty (250) resi- Sec. 20 -8.4. Retention of garbage and refuse dents are electors, the Board of County Commis- ` collection and disposal. sioners, pursuant to Section 5.04(B) of the Home Any changes in the boundaries of municipali- Rule Charter of Dade County, Florida, may call an 11 ties involving the annexation of unincorporated election to beheld for the purpose of submitting to areas of the County shall be effective only upon these electors the question whether the proposed the condition and with the reservation that the boundary change shall be approved or disap- County shall either forever continue to collect and proved. All costs of such elections shall {be paid in dispose of all residential waste in such annex- advance by the persons, group or municipality ation areas in the same manner as though such initiating the proposed boundary change., annexed areas remained part of the unincorpo- (Ord. No. 60 -42, § 9, 11- 29 -60; Ord. No. 64 -21, § 3, rated areas of the County, unless the authority to 5- 19 -64; Ord. No. 68 -83, § 1, 12- 17 -68; Ord. No. collect such waste is delegated by the County to 96 -39, § 1, 2- 20 -96; Ord. No. 96 -73, § 1; 5; 21 -96) the governing bpdy of the municipality through - out a twenty (204 year interlocal agrement which Secs. 20- 10- 20 -19. ; Reserved. Supp. No. 21 2836 CONSENT TO PETITION FOR ANNEXATION (Article I, Sections 20 -1— 20 -19, Miami -Dade County Code) I am a registered voter residing in the area proposed to be annexed by The City of South Miami and I consent to the initiation of the annexation process for the area described by the following boundaries and depicted on the map on the'- reverse side: On the east: S.W. 67th Avenue (from SW 48th Street to SW 60th Street) On the south: S.W. 60th Street (from SW 67h Ave. to SW 72nd Ave); and SW 56th Street (from SW 72 "d Avenue to Palmetto Expressway -SR 826) On the west: S.W. 72 Ave.( from SW 60th Street to SW 561h Street);and Palmetto Expressway -SR 826 (from SW 56th Street to the east' property line of the CSX Railroad Right -of -Way) and East property line of CSX Railroad Right -of -Way (from Palmetto Expressway -SR 826 to SW 48th Street) On the north: S.W. 481h Street (from SW 74th Court to the SW 72"d Avenue); and S.W. 48th Lane (from SW 72 "d Avenue to the FEC Railroad Right -of- Way); and Rear property line of properties on the north side' of S.W. 48th Street (between the FEC Railroad Right -of -Way and S. W. 67th Avenue) (SEE MAP ON REVERSE SIDE) Print Name Residence Address Voting Precinct No. SignName Date of Birth or Voter Date Signed Registration Number (SEE MAP ON REVERSE SIDE) m soul, CITY OF SOUTH MIAMI South Miami All -Am i. e Inter - office Memorandum INCORPORATED 1927 2001 TO: Honorable Mayor, Vice Mayor DATE: October 2'1, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No City f�4 RE: Authorizing the City Manager to purchase a Bucket Truck RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2004 BUCKET TRUCK, IN AN AMOUNT OF $66,855.00 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION TAX FUND, LEASE PURCHASE EQUIPMENT ACCOUNT' NUMBER 114- 1730 -541 -4455; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: As part of our Transportation Improvement plan, the proposed bucket truck will be used to provide much needed repairs to our existing streetlights and clipping of tree branches hanging into right -of -way. These improvements have been part of our major transportation improvement needs and a source of complaints by our residents. In an effort to improve our service level on transportation issues, we need to purchase this equipment. As approved with this year's budget, the department is recommending approval to purchase the referenced bucket truck. The proposed bucket truck has a 40 feet range, one -man platform with 180- degrees rotator and platform capacity rated at 300 pounds.. For the purchase of this vehicle, we intend to "piggyback on the vendor's current state contract. The cost of the trash truck is $64,355.00 with estimated 5- year extension warranty of $2,500. The total cost of $66,855 will be financed through the Florida League of Cities. This year's lease payment will be paid from account number 114- 1730- .541 -4455, with a current balance of $25,000. RECOMMENDATION; It is recommended that the City Commission approve the resolution. ATTACHMENTS: ❑ ` Proposed resolution ❑ Copies of proposal 1 - 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 PURCHASE A 2004 BUCKET TRUCK, IN AN 6 AMOUNT OF $66,855.00 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION TAX FUND, 7 LEASE' PURCHASE - EQUIPMENT ACCOUNT NUMBER 114 -1730- 541- 4455; PROVIDING FOR AN 8 EFFECTIVE DATE 9 10 WHEREAS, the Mayor and City Commission wishes to purchase a 2004 Bucket Truck for the 11 Public Works Department to provide maintenance and repairs for transportation related issues and;; 12 13 WHEREAS, the Mayor and City Commission authorize the City Manager to execute purchase 14 agreements and financing contracts with Florida League of Cities in an amount of $66,855.00. 15 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF 17 SOUTH MIAMI, FLORIDA: 18 19 Section 1: The City wishes to purchase a 2004' Bucket Truck for the Public Works Department 20 21 Section 2: The purchase will be funded, through the People's Transportation Plan, Lease 22 Purchase account number 114- 1730 - 541 -4455. 23 24 Section 3: That the Mayor and City Commission authorize the City Manager to execute 25 purchase agreements and financing contracts with the Florida League of Cities in an amount of 26 $66,855. 27 28 Section 4: This resolution shall be effective immediately. 29 30 PASSED AND ADOPTED this day of ; 2003. 31 32 APPROVED: ATTEST: 33 34 35 CITY CLERK Horace G. Feliu, Mayor 36 37 38 READ AND APPROVED AS TO FORM: Commission Vote: 39 Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Bethel: 42 CITY ATTORNEY Commissioner Wiscombe: 43 Commissioner McCrea: Rug 15 03 09:57a GEORGE ELLI SON 407862 3849 p.'2 Prepared For. Prepared By: 0 :TY OF SOUTH IYiIAMI ALTEC UNIT P; DRO George Ellison FL ATLANTIC TRUCK CENTER 2565 WEST STATE ROAD 84 Ft. LAUDERDALE, FL, 33312 , Phone: 407-862-7408 Toll Free: 1-888- 753 -76,26 , r r r u r`; N11, 2004 Fora F-450 Chassis 4x2 Std Regular Cab 141 r" WB DRW HD XL (F46)] 601" Cab to Axle Powertrain Triton 6.8t_ V -10 SOHO SM::1I 20 valve engine ` 130 amp HD alternator' 750 amp 78 amp hours (A h) HD ba =fare o -speed manual trarsmission with overdrive ` Rear -wheei drive* 4.38 axle ratio ' Stainless steet exhaust Steering and Suspension Hydraulic pointer- assist re- circulating ball steering:' 4 -wheel disc brakes with front and rear vented discs *Firm ide suspension * Mono -bearn win- independent front suspension * Frorft leaf suspension' Front anti -roll 'bar * Frog.. leaf springs `HD front shocks x Rigid rear axis *Rear sat suspension a' Rear anti-roll bar* HD rear leaf springs* FL- rear shocks * "F-ont and rear 19.5" x 6.00" argent steel wheels' LT225/70SR19.5 BSW AS front and rear tires Safety 4 -wheel aali -loci, braking system * Due) airbags, passenger side fr< nt-•impa�,-t cancellable airbag * Front height a,.justw'r.ie seatt7eito C arnfort and Convenience AtN;PIVI stereo, ,;Mock, seek -scan, 4 speakers fixed antenna " 2 12V DC power accessory outlets, ashtray, from I ghter eieinertrai "Analog instrumentation display includes tachometer, oil pressure gauge, engine ternperatu e gauge,`volt- fieter gauge, trio odometer' Warning indicators include all pressure water temp warning, battery i ?yin ignition, iov;, fue,, ,door ajar ` Manuel front windows with light lira * Variable intermittent front windshield wipers " Pass angsir sic!:: vanity mirror ` Day -night rearview mirror * Interior; lights include donne !fight with delay'" Clove b, x, ,rant copnoldes, instrument panel bin, dashboard storage Stating. an(l interior Sealing capa ity of 3 ' Bench front seat with fixed head restraints '4--way adjustable driver seat * 4 -way adjustaoh• passenger se it " Vinyl faced front seats with vinyl back material * Full cloth headliner, full vinyl /rubber floor ccverin plastic /rubid)Pr jeer shift knob, cabbe.ck insulator' Exterior Fear .ores Side impact be 9, frow license plate bracket, fully galvanized steal body material * Black side window moldings, " slack front wing shield molding, (slack rear window molding * Black door handles * Argent grille * 2 doors * Trailer trarriass'' Drivel and passenger manual black folding outside mirrors * Front argent bumper with front black rub strip, fror't tour t oaks *Sealed beam halogen headlarr:ps *Additional exterior lights include cab clearance lights P m and min 91 9va I,::di!v as shc,ri ,rr- >ut,ect to ahzirge . ane snouitl oe tma,ec as e.- +•crates only factual base , ehiclr,: cackaga and opt cr pilm ig an ; vary. act tr s '•aurra,,e rcaus- cfsptr a focaI oncirg avni acifflyar cririry adtua:rienls'.not refie:.ed in [he de ;stars conputer sdstern sees a : s,;e-sor for the most current irfurration: Printed on July 17, 2003 at 15:17 Price Leveh 415 Quotem: <None> Page 1 h; . , ,- . o;q q, p =i tQ 15 03 C 3,: 5? F, GEORGE ELLI SON 4079623849 P - 3 a Prepared For: CIT Y OF I'AlAr: Rug 15 OS 09:57a GEORGE EL.LISON 4t77'3E's228'i 9. P..4 Prepaied For. prepared i } CITY OF SCUT -J NIHAMI ALTEG UNIT E'; DPO - George E'?, "-.n F '.TLANTi( F UCK CENTER 2565 WE ,l S. A,--F- poA'') 3 FT ALL _RDP .0 , FL, 3' " j Phone: 4'.7-862-7408 Toll Free 1-888-713-7626 4 rs; 00 lord F -455, Chassis r! 4x2 SD Regular Cab 141" WS DRW HD XL (F46)1 0" :ab to Axle Code f Description F46 ` Base Vehicle Price Packages Order Code 650A Telescopic Trailer Tow n?'rrors wtlKanual Glass IW;anuatiy teles;xnirg with 2 -Tway r'okc 4- tiJheei ABS Brakes, Driver Passenger Air Sag lnc /uo'es deactivation switch, 'passenga;r side), Tow Hooks, (99S) Engine 8:8L EFl rf1G, (445) T.ransmissitoa. HD 8 -Speed Uanuat ,ar /Op. (T5', ) Tire r. 225/i R,09.5FBSWAS, jSTDWI.) GNhee;s. Steel (8), (t.,q HO KAylFut! Le.nch Seat wlRec!ine, (537} Radio: Electron; AMINO Sterera wrCitock Includes 2- speakers, Carpet Dalete - Replaced wlBlack Floor Mal. (X78) 4.88 Axle Ratio. r207) GIAM: 15400 ,'fs Payload Package 91 P owertra i n Engine: 6.01- DI Power Stroke Diesel 140 -Arne :4ttemator, Due! 78 AH Batteries, ,'49N) Engine Blo: k Heater ,'LPC:1 Recomrnerrded when mirimunl temperaturs is 10 degrees F or below; Maximum Front GAIKIR Paokaga NOTE: May rasult in a deterioration of 7N,e quality with gas engines: 446 Transmission.: Electronic 5-Speed Auto (Diesel) Transmission Temp. Gauge in {rnrrumant Truster, Power Take-Off rrcvision aelete. inciudes tow haut leatura. X78 4.88 Axle Ratio 20' GVWR: 15,000 Jb Payload Package #1 Wheels & Tires "r91 Tires: 225f70RxI9.5F 13SW AS Sl DWL Wheels: Steel (6) P us a cxt ont vaila�4tn 3 heir e st bjec: h2nGe aq� sh r, ke sated a �e.aTates any Actual vase v-rh f� i'ec. a ®e a docpo icing tar a n is a> i Hale beraksa of syeaw Wca Pi icing a,aiiandiry o. pri_utg aq.i,straerkis not refl_c.ed in me dealer's conau:Er_ys:em see sales ,,a•_on for ti mosrc�� <�r, �fn- m =.�;- R. ^'C_ f;:' 1 E2 0' -07 -'P Printed on .July 17; 24(73 at 1$:1? Price Level: 415 Quote M <None> R'ge 3 Aug 15 03 09:588 GEORGE ELLISON- 40 78823849 F. 15 lq =.J c: ,L Prepared For: CITY OF SOU7 MIA N41 A! -' EC L Jil Prepared By: George. Ellison' Dealership: ATLAN7jC TrtUCK CENTER Cody; Description Wheels & Tires (Continued) �. 512 Spare Tire & Wheel 61 J) 6 -Ton Hvdravtic lack Exaludes carrie, Seats & Si atTrins V HD Vinyl Full Bench Seatw /Recline Other Opt foris PANT Monotone Paint Application 141VJB 141" WheelbasefGO" Cato to Axle 531 Trailer Towing Package includes ,_hire harness wiv? reieys t'blUnt cut and !abeted), trailer brake wving kit and traifer tote guide: 'tVO'rEi SelesFerscn's Source 3rok orPord RV 7r2irer 7ot�•ing Guile should 6e consulie�d fnr spec'frc trailer towi,a or camper ArMs and corresponding required equipment. axle ratios send model avadabiYi Y, See supplemental reterence for vehicle height r-nnsideration. 572 Air Conditioning 47Z Ambulance Prep Package Not Required 61J 6 -Tan Hydraulic; Jack 52N Speed Control -Tilt Steering Wheel n?R Transmission Power Take-Off Provision Provision .crly RegtJres arrerrn2rkei ? rU. -87 Radio: Electronic AMFM Stereo w /Clock :noludes 2-speakers. yPP Full Function Auxiliary Idle Control Kit (LPO) APC Maduie functions incleide oatte,y charge orotection, Inch idle control and LCD RPV1ve1tage readout. Kit inc!udes moc.pr og bracket1bardware, wiring harness and instruction booklet :N0 E. Stationary use only 1 i" shipped in box as loose item. 41 H Engine Block Heater (LPO) Recommended when minimum temperature is 7g degrees 'r orbe!mv. Fleet Options 9 Power Equipment Group (Fleet) iLP0 PoNer Door Lccks1Potver,,Ftz_,nt -Side Windows d'ci wni as snodr" n subject io enange and sn]ulo be Lreated as eslrnatos only. Actua oaSe von Ge, pac"a a end cpti n pricir.� ney nary from rhie es[ m to bycausa of space b ",! pnc.ng a,a.ist• ity or prong adluatlnBnts ror-*erl8clea r) the dealers computer system. See seesp,ersrn for the most current Wnimation. R.la sate ;.T_5G01'.1 °.cli; i•1 -t:3 Pvintad on July 17„ 2009 at 15:17 Price Level: 415 QutrtelD: <None> Page 4 Rug 15 03 09:59a GEORGE ELL I ON 407BG23049 P.6 0.pelecFrr..rE{:'ld y'f Pa l.�,Y3• {wS6t wZ �. &. -. Prepared For. CITY tar SOUTH b11A..Cr1 A.LTEC JNIT Prepared k3y: Georg e Ellison, Dealership- ATL ANT!"' VENTER Code Description Fleet Options (Continued) includes accessory da'av ae7d 1 -!o>: & dowry drilcrside tvrnrdoay. lracludes 'a7cessoly! de ja 1r 942 Daytime Running Lights (LPO) Interior Colors For ; Primary ur1XL (Reg/Super) VE Medium Flint Primary Colors For: Primary w1XL (Reg/Super) Z1 Oxford White Clearceaf Dealer Options al`cE� ALTEC ONE IVEWALTEC STOCK MODEL .4 T37 -G r' EPA77ACHED SPFCS. Vehirle Sub Total Fri .:re tixr _e _wllsr Ilh, ss 5Y)'Nn a•e :uCyect to cnangc ana shwd be treated as os!ir ates b�,.y Amuo :bas= veh c!ri. pmaee and opti or, ur c ny i vary rrcm± dz e ".,'C"Gac oo`6peaa zocDi pr ic^ e.- vai! ohdityorpna noa,, ustnantanc! reflecieddi• r..e dealers corou! ersys' sm. See sale. p@ rsqr 'ortheeroostcurrvll.ttaortnn..or. Printed `on .July 17, 1403 at 15:17 Price Level: 4i5 QuotelD: <None> Page 5 Rug 5 03 09:58a GEORGE ELL3SON 4078623849 p.7 Prepared tor; Prepared Bar: CIT'' OF SO UTI-i MIAMI A,LTEC UNIT PEDRO George Ellison FL ATLANTIC TRUCK CENTER , 2565 WES' STATE ROAD 8z F t'. VAUDERD.LE FL, 33312 Phone: 407-B62-74D8 Toll i -ree: 1 -888- 763 -7626 Report 2004 Ford F-450 Chassis 4x2 SD regular Cab 141" WB DRW HD XL (F46)160" Cabto Axle Description ' WSE) Vehicle Price (excluding Package Discounts) 3�63,5n0 tiff Vehicle Subtotal i63,Sia0,00 Incentives 0.00 Total tither iterns $0.00 Net Sel!tnq Price S63 560 .00 Destinatorl ...Tots! Quote. ,r'� $84; 55.00 Total 0� 0 —010 Customer Signature' Acceptance Date P e nc I n v al.atii toy shown are sJDjeet to change aid h3ulI b(,'!' eMCI as esln18les only. A=81 oaa/+ YEh CIB; Erafi fit+and: OP 5011 n L:inq r _. rary tri ii this rsr l i 5 a if sp ciel local ajailab, ivy pricing or pnc ny ad ust enfs .'Ot rtr`tec!ee in the da8ier's mm wter'systern. Sae sat !pvson for lr °: r. -ost. c, vrnt +r.!orn,dus Printed on July 1?, 2003 at i5:17 Price Level 415 QuotelD: cNonep age 6 �F, '�; "..Y.'i�'3"= E+r'e;4ri1,s+^Ai ca 15 03 10:00a G=ORGE ELLI SON 407862384:3 prepared For: Prepared By: Cil"( 7 SOUTH MIAMI ALTEr, UNIT George Ellison Fi: ATLMQTIC TRUCK CENTER 2565 WEST STATE RCAD 84 FT.I.AUDERDALE, FL, :33312 Phone: 407 - 862 -7408 Toll Free: 1-888- 763 -7616 r - r r U—M , 1111,e slon . "eq ueelfi s 2004 Ford F -450 Chassis 4x2 SD Regular Cab 949" WIS DRW HD XL (F46)1 60" Cab 10 Axle Diascription Value Power Qutput . ......... .......:. ......... ......... .....:... . ........ ..:.::.:. ........: ............. ...... 325 hp (cr'3,300 rpm Torque ..... ... ......... ::.. a .: : :.: :. ..,::.. :. ...:.:.'.. ......... -560 1b:-it. @ 2,000 rpm 1st gear ratio -.: ......... ......... ........:........ ........ ......... ........ ......... ...... :.. ........... ..._3.090 ?nd gear ratio' :. .... ..:. ......... ............. '2'200 3rd gear ratio .... . ............:.... ....,.., _...,..: ::. ,,. .......... .. ,.... `. ".540 4thgear ratio ......... ........ .: _........................ .................... ......:.........., ......... ... .000 5th gear ratio .. : . ........:. .... -1 ..... :.:, ,..... .:: ........: ......... ... ::..:: . ,.. :.: :........... ... .............. 10 Reverse gear ratio ....... .: ......... ...... ......... ....... :. .... .. ........... ..... ... . _, .... .. ...:.... � 8+3'1 Weight C:urb;welgnt .:.... .... ..... ...... .:. .....:.,. „ .:......... 6,451 Its, GV'.NR . .... ... .: ..... ............. .. ,.. ......... . .:...... ..:.:.... ........; ........ ......... ......... 15,4 ?�JU Ids. Front GAWK Weight : ...... ......... ......... :,.: :: :.:. :.. :......,. ,.:,:. :...,: h,Ul_17 Jcs, Rear GAWK, Weight .. ......... ... :...• ..... ......... ........ ......... ......... ......... ........: 1 i,D C 1r7�: Payload ......... .... ...................... ................... ...... :. :.... .......: ......... .....::::.:..::.:... b . �& Jk�s Front curb vv eight ..,;:...: ................ ................ ............................ :. ......... ... :.r.:: ... °...... ..:..._ ,. , RaarCurb weight ....................... ...... :., ......... ......... ....................... ...,....: ......... . ....:.......2.9251bs. Front axle capacity ......... ......... .. : :....: ......... ........................................ ......... ......... ..............5:UC) lbs. Rear axle capacity ........ ......... ......... .. ....... ....::.. ...... :: ..::....: 11 0 , l Front .spring rating ....::... .:...:.. . :.::..:. ....:... ::..::....:..... ...., :,: 51p us Rearspr;ng rating ...... ........................ "'.11.1 ....... . ......... , ........ :.:.:...: ......... .........,..19,010 , lbs. Front dre/wheel capacity .......... .......:.. ......... .... :.... ......, ...,, -.. .............. 7.281 lb�; Rear tire/wheel` capacity! ...:::.. ...... .... :...: ....... ......... .... — ............... .. ........... .. ....... .....::... :........... 13,650 lbs. Max trailer vrt (prcperly eau'pped) ..... ......... .'. :...... . ....... ........... ....... Interior Frontlegroom :.:... .. ..... .. ....... ............. .................. ....:.. ......... ........ ......... .... ..... ....... .:.... 40. E' n s dn,1.�.cnz n ait�E: r y n S.OM1�I a .rb,EC. i� chargeand :n7�IC Getraatad a3 zet 7 azes 7np Hetuei hs�e v.,h ce parba� ard.�atian pr' ,:ng:.r � y rca• "^- — �',. v $T! mat .K.tce Of pacia cs. _ricing a �dat,ility or pricing ad.wtrnante not 'effected in tiq dealers cmm_u'er sysem See Ocsporson `w tie most curren. lnfiirms nn. - - Fi aEr.nx ,..7C�_C 952 iIi. t)t 3 Printer! on July 17:200C at 15:17 PTIce Level: 415 L2uote D: <Noaer Aeg,. :° Hug 15 02 1O:O!a GEORGE ELLISON 4O78623848 Pr3 Prepared For: CV 0F'SMTH MIAMI ALTEC- UNIT Prepared By: George Ellison Dealership- ATLANTIC TRUCt CENTER Description Val ±e Interior (Continued} Front headroom ....... ........... .....: Front niproom 41 3 .. ......::.. .... ......... ....... Fr0'1t Sfl0uldel tODm' ........... :. :: ...:;c..... ...... _u . Passenger area volume ...... :. r ..:.,.. JS.C1 ......... ............ :.. cuff Exterior . ength . ....`...:..... Body width .......... ......., ......... .. .... ..... : ..: : ....... ...... :. Height- ........: 93 U ., t a ......: 80,6 , .. ... ....... ... .. ......... Front tr ead : ...:. .. :. :.: 141.0 ...: ..:..,.. .. . ... ... .......:. ...... ::: .......... Rear tread ..... ........... . : ............., . Turning radius . : ' 93 6 : .: . . .. ........ .. . ......... .. Fuel tank . ..... 260 ' ...:.: . ... ........ ....... ...... .... 40J gal. Cabto axle ...... ......... ......:.. .....::. :.: -: ..... ::........:.: :.. 60:C , Axle to end of.frame— ................ .............. .::.... 47, F� r -p. es a ccrlenC c vied.! ty es evn' sub e . an<a :ar s o -ic ae treated as e5U9 tas .xriy in.ing near ra•y nc:T erhr air Uer. t Uf SpEGdI Gds r cu y s.a..,_urty or nriring agp.st ne-im not retieclea in t7._ d-ealer 5 rnpxe•syslein saa aalosramcn rcr., ^r most ourrert cdo•ne:•rs Printed on July 17, 2003 at "1'7:17 Price Level: 416 �uotelD: <None} Pao., 1; �' .aS�'. �r.- �— r:,r; -- .�, m� '�^€, ire. �' . mS'`; �", `:�`�t'�T�r -.. u.: �'�.w3"`�. "'-;:?h`"'�.,m'""','., k4 a , �"ik�3« 3�".��€ 'ms ]C;R�ar�:1.'k:,�'€..t�v hn9'""�'3. `:'•�' ,�` , Ruh' 1..5 03 10:01a GEORGE ELLISON 4079823849 P. 1'l Preparers For: Prepared By; C;T'Y OF SOUTH MIA M11 ALTEC UNIT PEDRC7 George Ellison r-L ATLANTIC TRUCK CENTER 2565 WEST STATE ROAD 84 F71AUOERDAL5E, FL, 3-3312 Phone: 407-362-7408 Toil Free 1-888 -763 -762 i r., i z I 2004 Fora F -460 Cha.ss: 4x2 SD Regular Cab 141" fist B DRW HD X (F46)160" Cab tct A. i Description Mbraths /D st.3r:.;e Bumper to bu..tper ......... 36 monthr36,000 -fl'i,s Putfe train ... ;. .... ...... ........ 36 monthf36,0!30,,,-k,s Corrosion Perlcration ......... 60 rr Gnth/unfirnited mik of 3 Roadside wss stance ......... . : :: 36 month /36,000 rri!e Diese "Engine :: ......... .................. .... ..... ..,...... ............... 60 monthl10C1,000 nli;e a Pr es is or n a, �.t N y as s en, a a �t tic•.Ie change an ha Ic on u a ul 3: es i 2tes any: w tuai Sase v9hice, pa-;,.age and optw nrieigrg rr, ay ,ron e,nrra,e Y, STec-6 oca.mcrq S., li zility or prcing ad'_stn.nts nut reflated in tau dealers urn.:u.cr system. See salesperson fo me most currert mrorme: n ;... Printe on July 17; gum at 5:17 Price ..evel: 415 QuotelD. <None> Rug 15 03 10:02a GEORGE ELLISON 4078623849 � 11 � Pftc- Altee its4ri a5 s 200 Allee Drive Elizabetht*n, Kentuc Efi tht(npin, Ky 42701 Sold Tar A' -)93 Ship o: A9987 A.ltec I=.dust6 -ts, Inc Altcx; Industrics 31 Inwrness CearcrParkv,ay, Suite _360 -A' 2430 Altec; Drive 1 ismir gha m, Al, 35242 Elizabethtowat, Ky 42701 Amu- ""Odd Allurns Work Order:57 -17310 ftea ft 12—U _4t a Lemsmilnt rc e UNIT 1. 1 #210 ALTEC. Model ;A.T37 -G telt- .;uopingarticulating aerid devitre with imulaied articulatbg arm and cendanous rotatit)at, installed behind the cash, in accordance with AI.,TECs standard spccificatanns. A. Hydraulic p.la:atfa::n leveling system. B,' Hydraulic too] circuit at plxtlorrn. C. Emergency lowr4bg valvc at platform. I3: S:Dgle handle control it platrorrtt with safety interlock. F. Two (2) operAtors and maintenancefparts raaasnuals.. 2.. 1 Q-25 Single, one -ran platform with I80' Rotutur End- nioualted, 24" x 30" x 42" platform i:;>r•aeted at 100 pounds Platforn-i rotates 180' about boom tip. :3 1. #227 lncreaye platforkn capacity to 350 pounds. 4 1 #308 Rt —,ervoir, 7- gallon ctap=ity, itistailled rant' ne pedta•stal,. s 1 #310 Engine sti:rttstcap, Ciptivo air, ]mated at phafor n, 1 ' i F 6. 1 #293 Mons ing li-Hine - Bost mount for Straight frame, application - j TL 1 ACCE SSO.lbLIY:rt7 i 7s 1 #k258 Plxfforrn liner, 24" x 30" x 42q j $. ! K254 Platfc rin cover, 24' x :30 ", foarr, filled with ( ;Gmpa ny logo }. 1 Hydratilic.oll, t>_abricants and filterisastatlietl:. _ i 10 l Furnp, vane type, mounted to Power Take -off on chassis, era mniission. i t We With To Tbsnk You For Using Us Tu ri siw } A111 r)pnwwnasy of Sexkislg Yotl t`rILITY LQUAPWNT AND BODIES SIN aS ion, Tllv 4 A 15 0S 10.02a GEORGE ELL1 §ON 407€1623843 p.12 r, ,,5 _ .r," Jr1; A Llt N 165h }'. .} ork bidder 9577.17310 Altec Industries, Inc AT37 -C tw( orsian bars Page 2 Item Qty' Description Price J. I Cab controlled heavy -daty SAF power take -off, electric aloft; insUilled with indicator light in cab, for autonirttic transnuis�iiun, Note: F°.reg:agbg power takc -off will raise engine to proper )RPM's 6n ensure proper pump operation. BODY 12 l 4L°rEC Model LGS- 14$ -60 (57) Universal Lon, Profile General Service Body, suitablcfox installing on dual rear wheel ciwssis witha 60' CA dimencioll. built 1n accordan e with tfw following A1tec stiin&ud &pecilicwiLw -. .A., gUdd o — Fabricatt d from hot zinc - dipped galvaniztxl ,,wal with I 005 iron -zinc alloy coating.! 20 gavgc daulble panel doom ' 16 gauge autside. panels 3 16 gauge end panalb 4 1$ gAube shelving " 3: 12 gauge owl Naar, formed trwtlplAt B. Rodv Dimensions: 1 1. 108" overall ieugtlt, t 2, 94" outside width. 39" body height.. ; 4, 20" co npartrre11t depth 5. 54" floor widd% C. Compartmentation - Curbside: Pirst 'Vertical • S vcix ('l) rixtd material hooks. 11 gaugc plate in � compartment bottoin and louvered ravel on inside cargo wall. fiurizctnral - Vacant with exception of through shelf. Reg V'ertichl - Two (2) adjustable shelvecs with removable dividers On 4" centers, r r 1J. Cott 1:trtmcxttauan Street=<ide: (I t Fira Ve -r6cal - Two (2) adtustahle shelves w. rt.h removable 1 dividers on 4' centers. ¢j 14o ezrrntat - One (1) removable shell' with removable dividers On 8" centers. i Rear Vertical - Six (6) fixed tnatcrial hooks. ! We Wtsh To Tlia& You For (Hying Us Thy Ple3wre a Acrd Qpplrturtlty of Serving You i O'rJUrY HQU)PNIENT AAM BODIES StNC P 1929 Tmidplaate installed on top of Streetside compartments. ■ ldowick compartrreni boil( in body, opening from rear, ctarll,ctde. ircloding access door and two {2) hot >t ck brackets 5" drop in instal tailgate. 9DX 1ES,SO 13, 94 " Imig x 29" wide x 8" tall trmdplatc: tailshelf with wheel chock holders, tine each Ede, installed °sal rear of body. 14. ! Grab handle installed ar curbside rear corner of tailshelf. 15 i Cable step installydd at Lurbside rear corner of lailsholf_ t:�ry l Souin sturage support installed at.Streatsid u roar of cargo area, Irstaill'Ud as cloiA. e' rn strmtstde cargo area wall as feasible to nmxirr�ze a[cu —, ss" to cargo area, Plad'orm re;;t; rubber taibe type. Insta}ied directly on Cajkhelf ,'boltad'ianad positioned under platform for support of platrorm :daring transit. 18. l Torsion har imnalled in conjunedon with rear axle. t ia. I Torsion fear installed in conjunction With front axle'. 20 2 Splash aprons N. ud flaps) installed behind rear tires.. One each side Gf booty:. ELECTRICAL 21 1 L.ig; is and reflectors, its aiceordaoce with FMVSS #108 li hUng package 22 i 6-way trailed ping installed at rear of body. Plug rccepteacle is mounted mrw, sidc tarp of frame extension and co include protective covermi g, 23 1 Amber strobe light, installed on vertical toast on streetsidc behind cab, visible above, cab rural, with master switch and indicator light in cage 24, i 1 97 Db back -up alarm installed between chassis frame rails: Back up alaarnt to activare when cdta ssis is in reverse: " PAINT AND FINAL ASSEMBLY 2,5 1 Paint Altec t4Cd:e5scries one color White to Thatch cd msis cab. ..`. d :11=Yve pUT',ift) i1m :eKttp tz,isher with ItloUta[inQ bracket Shippc4 loosc in r&-T vertical curbside coil piutment We W ixti To Trunk You For Gi%nng UN $tic Fd. svrt And Opportunity of Srxvaae YOU i UM FY EQUIPh EYT eW[a BOVI !S UNC.L ! 42ii d F ulf, 15 C"' 10:04a GEORGE EL.L'ISON 407BG23849 p. 14 lje kL ltt c Work Order 05)7- 17:10 Altec Industries, Inc AT37 -G wl Torsion bars Page 4 [item Qty. Description price 27 1 T"ri inl utar reflector kit shipped loose hthind bench seat in chassis cab ?B 1 FaL1 Prutee°iim Systm to include one extra large body harness and six ,foot fixwd length decelerating; type Janynid. Harricss has tongue buckle type strap for leg, waist me shtshlder. Decelerating lanyard has P nylon webbing with rip -'stop deceleration device 29. 1 Wheel Chwk? ,i, pair, rubber, 10" L x 8" W x 5 a %V' 13 30 i Rifety and 1nstnactionat'sigw iuns(WIed per Alta. standards To comply witla all ANSI allot OSHA 4tandards. 31 I Apply black n m -skid coating to top of r,ilsbelf. cargo area floor ` and rasa tside/curbside cur partratent I.ops AR&hiN ' i ;rn 1 One (1) year plats warranty 33. 1 Matety ;9fl) days Libor at custom a�'s location 1 34 S 1 Orw (1) yc,ar ktbcr warranty at an Altec service facility' ' 35 1 For so lung as the initial purchaser owns the product, NL-Jor curnponwis 'arwtanty at an Alter xrvicc facility. (ace .Aitee Limited WxTatdy) s n t f i i i 1 r , tt'e N YFES , 1. F.O. B. — Elizabethtown, KY i We Wish Tu Thunk Yuu For o iviag Us The rwimre And Opporturuty o €Ses in2 Yon l i UTILITY EQIUIPMBNT AND RU13I ;S SINCE 029 i i,.,: '^��:� ri.,°{_P".a �,,�""'. ^"Tb'3:2nn°�^s —c'I ", .c� 1�F"�rv`S i{'i�`°i° u�'+2r°.'^ fie' �•`dT4# + '��„�" T42_.�mT•q?t =S"%� .."iiTwrYA,°.�'fi�ry{� ��i44�T' 1 ORDINANCE NO. 2 3 ' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ELECTIONS; CREATING ELECTION FORUM; PROVIDING 6 GUIDELINES; PROVIDING' FOR SEVERABILITY, 7 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 8 9 10 ,! 11 WHEREAS, the Mayor, and City Commission of the City of South Miami; 12 and, 13 14 WHEREAS, 15 16 WHEREAS, the Mayor and City Commission desire to: 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 21 Section 1. Prior to each general and special election the city' manager shall 22 solicit and select a sponsor to conduct an election forum for the examination of all 23 candidates and, or, issues, facilitate the forum, and report to the city commission 24 his, or her, plans and action that will be taken to schedule and conduct the event. 25 26 The sponsor shall be selected solely by the city manager. The city manager 27 shall select a sponsor that is established,; non - partisan and has adequate resources 28 to conduct the forum. By way of example, but not limitation, sponsors might 29 include the League of Women Voters, Chamber South, syndicated columnists, 30 media personalities, and political commentators, such as Michael Putney, Tom 31 Fiedler, and Dwight Lauderdale. The sponsor shall have sole discretion over the 32 format of the forum. It is the intent of this ordinance that the forum provide a fair 33 and balanced examination of all candidates and, or issues, and that it reflect a 34 reasonable degree of familiarity with how those elective offices and, or, issues will 35 impact the stakeholders of the city of South Miami. 36 37 For the purpose of this ordinance, "forum" means whatever combination of 38 debate, discussion, question- and - answer, or other examination the sponsor shall 39 determine, and a reasonable format to fulfill the intent of this ordinance. 40 Additions shown by underlining and deletions shown by ever-striking. - _3777- , I The forum shall be conducted not less than one week and not more than 2 three weeks before the date of the election. The "date of the election" shall not 3 include the date of the commencement of an early election. The city manager shall 4 facilitate the forum by making the commission chambers available for the event, 5 by publicizing the event, and by broadcasting the forum on the municipal cable 6 network and on the city web site when that feature is available. The forum shall be 7 broadcast live and shall be rebroadcast at least four time a day at times designed to 8 present maximum audience exposure. The city manager shall publish the date, 9 time, place, and sponsor of the forum, and names of all candidates and, or, issues, 10 beginning not less than two weeks before the event.. Information regarding: the I1 forum shall be publicized in city media in current active use, as follows: municipal, 12 cable network (hourly), web site (home page link), news letter .(if published),' 13 announcements at commission meetings, posting at city hall. 14 15 Sponsors of election forums .shall comply with all applicable by federal and 16 ` state election laws and regulations, including, but not limited to, Federal Election 17 Commission, Federal Communications Commission (FCC), and Internal Revenue 18 Service regulations. The city shall comply with FCC regulations` regarding the 19 broadcast of the forum over the municipal cable network and the city web site. 20 The sponsor shall not support or oppose any political party, candidate or issue. 21 The sponsor shall present and conduct forums in such a way as to avoid creating 22 the impression that it favors one candidate over another, or favors or disfavors an 23 issue. No "empty chair" debates shall be permitted. 24 25 The city manager's duties shall be limited to soliciting and selecting a 26 sponsor, facilitating the event, and reporting to the city commission to demonstrate 27 that he, or she, has adequately planned and will take action to discharge his, or her 28 duties. The power of the city commission shall be limited to directing the city 29 manager to fulfill his, or her, duties under this ordinance. The city commission and 30 individual commissioners shall not direct the city manager in any way in the 31 solicitation or selection of a sponsor, or in the structure or conduct of the forum. A 32 violation of this prohibition will be considered interference by the commission or 33 by the offending commissioner: 34 35 Section 2. The city commission shall annually ;budget and appropriate 36 $1,000.00 for the cost of facilitating the election forum. For the 2004 election, the 37 expenditures of up to $1,000.00 shall be charge to account no. [], contingency. 38 Additions shown by underlining and deletions shown by estxildng: 1 Section 3. If any section, clause, sentence, or phrase of this ordinance is 2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, 3 the holding shall not affect the validity of the remaining portions of this ordinance. 4 5 Section 4. All ordinances or parts of ordinances in conflict with the 6 provisions of this ordinance are repealed. 7 8 Section 5. This 'ordinance shall be codified and included in the Code of 9 Ordinances. 10 11 Section 6. This ordinance shall take effect immediately upon enactment. 12 13 PASSED AND ADOPTED this day of 20 14 15 ATTEST: APPROVED: 16 17 18 CITY CLERK MAYOR 19 20 1 st Reading 21 ltd Reading 22 23 COMMISSION VOTE: 24 READ AND APPROVED AS TO FORM Mayor Feliu 25 Vice Mayor Russell: 26 Commissioner Wiscombe: 27 CITY ATTORNEY Commissioner Bethel: 28 Commissioner McCrea: Additions shown by underlie in and deletions sbown by everstr king Menendez, Maria From: Debra Jester [djester @ngf- law.com] Sent: Friday, October 10, 2003 2:27 PM To: mmenendez @cityofsouthmiaminet; npayne @cityofsouthmiaminet Subject: ORDINANCE NO Importance: High 19482.dm (25 KB) «19482 . doc» Maria: Attached is a proposed ordinance sponsored by Comm'r McCrea. This needs to be placed onto' the October 21 -, 2003 agenda. Please note that the whereas clauses in the beginning of the document are incomplete. Earl expects Comm'r McCrea will make insertions into these clauses prior to the meeting and will provide a replacement document for the meeting. Thank you. Debra A. Jester, Assistant to Earl G. Gallop, City Attorney' CITY OF SOUTH MIAMI c/o Nagin Gallop Figueredo, P.A. 3225 Aviation Avenue - #301 Miami, FL 33133 Telephone: (305) 854 -53`53 Facsimile: (305) 854 -5351 E -mail: djester @ngf- law.com 1 `b Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: October 21,,2003 City Commission ITEM No. From: Maria Davis RE: Fee Amendment City Manager Outdoor Seating ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE' SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 18 -99 -1692, 28- 00- 1730, 32 -01 -1763, AND 14 -02 -1782 IN ORDER TO ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE'. DATE BACKGROUND' The City's Permit Fee Schedule is adopted or amended in ordinance form , however, it is not codified (part of the City Code). It is generally updated ever two years. The City Commission on November 6, 2001 adopted Ordinance No. 32 -01- 1763, containing an overall updating of the City's Permit Fee Schedule. At that time the Commission specifically adopted a motion that the outdoor restaurant seating annual fee was to remain at $250 ( waived for first year of operation). However, the adopted ordinance did not reflect the Commission's motion and included the Administration's recommendation of amending the annual fee for restaurant outdoor seating to $25 per seat / per year. The City Commission at its October 7, 12003 meeting determined that the City's Permit Fee Schedule should be corrected and directed that the City Administration adjust the restaurant outdoor seating fee to reflect what was approved in 2001 The revised fee is the same fee contained in the outdoor seating regulations of the Land Development Code, Sec. 20- 3.3(E)(3) and Sec. 20- 7.29(C): The City Administration will review the fees charged for outdoor seating in other municipalities and will recommend appropriate changes as part of next year's budget. (2) RECOMMENDATION It is recommended that the attached draft ordinance changing the City's Permit Fee Schedule (H) be approved on first reading. Attachment: Draft Or&nance MVDISAY EAComm Items\2003 \10- 21 -03 \CM Report Revised Fee Outdoor Seating .doc op wwww" 1 2 3 ORDINANCE NO 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE 7 PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS 8 AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 9 18 -99 -1692, 28- 00- 1730,- 32 -01- 1763, AND 14 -02 -1782 IN ORDER TO 10 ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING, 11 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 12 AND AN EFFECTIVE DATE. 13 14 WHEREAS, it is the policy of the Mayor and City Commission to adjust the 15 City's Permit Fee Schedule to assure that fees charged are appropriate and comparable to 16 fees charged in other municipalities; and 17 18 WHEREAS, the City Commission on November 6, 2001 adopted "Ordinance No. 19 32 -01 -1763, which adjusted the City's Permit Fee Schedule; and 20 21 WHEREAS, the City's Permit Fee Schedule currently contains a Schedule H 22 which includes an annual fee for restaurant outdoor seating, which is to be added to the 23 annual occupational license fee; and 24 25 WHEREAS, the City Commission on November 6, 2001 'specifically adopted a 26 motion that the outdoor restaurant seating annual fee was to remain at $250 ( waived for 27 first year of operation); and 28 29 WHEREAS, Ordinance No. 32 -01 -1763 was memorialized , with the 30 Administration's recommendation of amending the annual fee for restaurant outdoor 31 seating to $25 per seat I per year; and 32 33 WHEREAS, the City Commission at its October 7, 2003 meeting determined that 34 the City's Permit Fee Schedule should be corrected and directed that the City 35 Administration adjust the restaurant outdoor seating fee to reflect what was approved in 36 2001. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 42 Section 1. That Fee Schedule (H) entitled "Land Use Application Fees" of 43 Ordinance 14-90-1454, as amended by Ordinances 6 -92- .1501, 17- 92- 1512A, 10 -95 -158, 1 18 -99 -1692, 28- 00- 1730, 32 -01 -1763, and 14 -02 -1782 is amended by adjusting the fee 2 charged for restaurant outdoor seating, as shown on Permit Fee Schedule (H) attached to 3 this Ordinance. 4 5 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 6 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 7 shall not affect the validity of the remaining portions of this ordinance. 8 9 Section 3. All ordinances or parts of ordinances in conflict with the provisions 10 of this ordinance are repealed. 11 12 Section 4. This ordinance shall take effect immediately upon approval. 13 14 PASSED AND ADOPTED this day of 2003' 15 16 17 ATTEST:- APPROVED: 18 19 20 CITY CLERK MAYOR 21 22 1 st Reading — 23 2nd Reading 24 25 COMMISSION VOTE: 26 READ AND APPROVED AS TO FORM: Mayor Feliu: 27 Vice Mayor Russel` 28 Commissioner Bethel: 29 CITY ATTORNEY Commissioner McCrea` 30 Commissioner Wiscomb 31 32 33 34 35 Attached: Permit Fee Schedule (H) 36 37 38 39 40 41 E:\Comm Items\ 2003 \10- 21- 03\Fee Ordinance Amend- 10- 21- 03.doc (H) LAND USE APPLICATION FEES 1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750 2. REZONING Ten acres or less $1,750 Over ten acres $13,500 3. SPECIAL USE PERMIT $1,750 4. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction in the RS and RT zoning districts Single unit $350 All other applications for: New construction $450 Renovation $150 Signs, fences, walls, etc. $50 For each additional appearance before the Board $50 5. VARIANCES First variance request $1,500 Each additional variance request $500 6. PLANNED UNIT DEVELOPMENT $3,000 7. CHANGES TO A PLANNED UNIT DEVELOPMENT $1,000 8. CLOSING OF ANY PUBLIC RIGHT -OF -WAY $1,500 9. WAIVER OF REQUIRED RIGHT -OF -WAY IMPROVEMENTS $1,500 10. WAIVER OF PLAT APPLICATION $3000 11. COMPREHENSIVE PLAN AMENDMENTS $20,000 12. SPECIAL EXCEPTION $1,750 13. ADMINISTRATIVE WAIVER $500 14. TEMPORARY SIGNAGE $35 15. SIDEWALK SALES $35 16. DUMPSTER AGREEMENT, CONSTRUCTION TRAILER AGREEMENT $25 17. OUTDOOR SEATING, p Annual fee (Waived for first year bf operation) $250 18. TREE REMOVAL PERMIT $40 (New wording underlined; words being removed indicated by mi Sour OF SOUTH MIAMI South Miami Inter - office Memorandum , r INCORPORATED 1927 �L O Rt0 2001 TO: Honorable Mayor, Vice Mayor DATE: October 21, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. ac) City Manager RE: Special Bulk Trash Pick -up Ordinance - Amendment to Sections 11 -21 ( C ) & 11 -23 (A) of the Code of Ordinances ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; AMENDING SECTION 11 -21 (C); AND 11 -23 (A) OF THE CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE SCHEDULE" RESPECTIVELY, AMENDING SPECIAL PICK -UP SERVICES FOR BULK TRASH; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE BACKGROUND & ANALYSIS: This ordinance was revised on February 4, 2003 with the intent to establish Special Bulk Trash pick -up services for appliances, furniture and other goods prohibited from landfill. So far, the Special Bulk Trash pick -up program has been working well with appliances. The City picks, -up and disposes appliances at resident's request, with a fee of $50 per appliance. Residents also have the option of calling private contractors for the pick -up services.' The 'furniture pick -up program, on the other hand, has created several challenges, to include: ❑ Residents placing furniture on the curbside without calling for pick -up. ❑ Since private contractors (for service without fee) do not provide furniture pick- up services, it makes it costly: for residents to pay the city for furniture pick -up and disposal. As a result, furniture is illegally dumped along, curbsides throughout the city.` ❑ Enforcing the code for furniture left along. the curbside illegally becomes more expensive than the special service fee and the city's expense for disposal. With these challenges, it is not cost effective to continue the special bulk pickup service for furniture. Especially, since the city had only sixteen pickup services for a total of $800 since the program 'started in February. As a result, it is recommended that "furniture" be deleted from items listed as Special Bulk Trash. If approved, furniture will be picked -up and disposed as part of regular trash pickup, at no additional cost to residents. The cost of this additional service may increase tipping fees by an estimated amount of $6,000. 1�FTF , , ,. , , WORM Page 2 of 2 Special Bulk Trash Oct. 21, 2003 RECOMMENDATION: It is recommended that the City Commission approve the ordinance. ATTACHMENTS: LI Proposed ordinance ❑ Current Ordinance number 02 -03 -1786 �. �-» ; 1 2 3 ORDINANCE NO. 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID 7 WASTE; AMENDING SECTION 11 -21 (C); AND 11 -23 (A) OF THE 8 CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND 9 POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE 10 SCHEDULE" RESPECTIVELY, AMENDING SPECIAL PICK -UP 11 SERVICES FOR BULK TRASH; ` PROVIDING FOR 12 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 13 EFFECTIVE DATE 14 15 16 WHEREAS, the City of South Miami maintains a Public Works Department that oversees collection 17 services in regard to refuse and garbage collection in the City; and; 18 19 WHEREAS, the City Commission 'wishes to amend Sections 11 -21 (c) and 11 -23 (a) of Chapter 20 Eleven of the Code of Ordinances to revise scope of Special Bulk Trash pick -up services. 21 22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA: 24 25 26 Section 1. That Section 11 -21 (c) of Chapter Eleven of the Code of Ordinances is hereby 27 amended as follows: 28 29 See. 11- 21Extent of Service and Points of Collection. 30 31 (c) Other^ domestic trash. - Domestic trash that cannot be 'containerized or bundled shall be neatly 32 stacked or placed gat the curb in front of the owner's property for special mechanized collection at the 33 convenience of the', city. Domestic trash exceeding the maximum allowable volume may be picked up at an 34 extra cost to the owner of the premises as set forth in section 11 -23 of this chapter. Pick -up services for the 35 City's Public Works Department shall provide Special Bulk Trash. Special Bulk Trash shall be defined as 36 Refrigerator, Stove, Air Conditioner, Washer,; Dryer, Microwaves, Water Heater, Paint cans, Furf4we and 37 other Goods designated by the City Manger or Public Works ,Director. Property owners and residents shall 38 contact the P: ublic Works Department to arrange for special pick -up services' before placing special bulk trash at 39 curbside. 40 41 (c -1) Property owners or residents of property have two options for the disposal of Special Bulk Trash: 42 43 (a) Special Bulk Trash can be picked up by the City at an extra cost to the owner or resident of 44 the property as set forth in section 11 -23 of this chapter. 45 (b) Property owners can use the services of a private contractor for the disposal of such items. 46 However, property owners or residents of the property shall notify the Public Works 47 Department of the option selected and Public Works Department shall specify date to place. 48 trash out for private contractors to- pick -up. 49 50 51 52 Additions shown by underlinin and deletions shown by ever -fig o� <.,ti_ -� _. _ ,..,� ,.fir, •_.. ,: 1 2 Sec. 11 -23 Refuse Collection Fee Schedule 3 4 (a) Domestic garbage and domestic trash 5 6 4 Each Special Bulk Trash pick- up ....................................... .............................$5 . 0 00 7 8 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held 9 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the 10 remaining portions of this ordinance. 11 12 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 13 are repealed.' 14 15 Section 4. This ordinance shall become effective immediately after adoption hereof. 16 17 18 PASSED AND ADOPTED this day of 2003. 19 20 21 APPROVED: ATTEST: 22 23 24 MAYOR CITY CLERK 25 - 26 1" Reading 27 2nd Reading 28 29 30 31 READ AND APPROVED AS TO FORM COMMISSION VOTE: 32 Mayor Feliu: 33 Vice Mayor Russell: 34 Commissioner Wiscombe: 35 CITY- ATTORNEY Commissioner Bethel 36 Commissioner McCrea: ORDINANCE NO. `02 -03 -1786 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; AMENDING SECTION 11 -21 (C) AND 11 -23 (A) OF THE CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE SCHEDULE" RESPECTIVELY, ADDING SPECIAL PICK -UP SERVICES FOR SPECIAL BULK TRASH; PROVIDING FOR SEVERADILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami maintains a Public Works Department` that oversees collection services in regard to refuse and garbage collection in the City; and; WHEREAS, the City Commission wishes to amend Sections 11 -21 (c) and 11 -23 (a)' of Chapter Eleven of the Code of Ordinances to provide for pick -up services for Special Bulk Trash and for proper fees being paid to the City for services provided. NOW THEREFORE, be it RESOLVED by MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 11 -21 (c) of Chapter Eleven of the Code of Ordinances is hereby amended as follows: Sec. 11- 21Extent of Service and Points of Collection: (c) Other domestic trash. Domestic trash that cannot be containerized or bundled shall be neatly stacked or placed at the curb in front of the owner's property for special mechanized collection at the convenience of the city. Domestic trash exceeding the maximum allowable volume may be picked up at extra cost to the owner of the premises' as set forth in section 11 -23 of this chapter.` Pick -up services for the City's Public Works Department shall provide 'Special Bulk Trash. Special Bulk Trash shall be defined as Refrigerator, Stove, Air Conditioner,: Washer, Dryer, Microwaves, Water Heater, Paint` cans. Furniture and other Goods designated by, the City Manger or Public Works Director. Property' owners and residents shall contact the Public Works Department to arrant e special pick -up services before placing special bulk trash at curbside. (c -0 Pro>l eM owners or residents of property have two options for the disposal of Special Bulk Trash: (a) Special Bulk Trash can be picked up the City at extra cost to the owner or resident of the property as set forth in section 11 -23 of this chapter. (b) Property owners can use the services of a private contractor for the disposal of such items. However. property owners or residents of the property shall notify Public Works Department of the option selected and Public Works Department shall specify date to place trash out for private contractors to pick -up Additions shown by underlinina and deletions shown by everstfiking .,^.,TT ....,, -- .,�- •- -a- ° -r,- -, - -- ,- ,m- ,.., -^^- .,.., .,;: -.'�"i ,M -qu, Sec. 11 -23 Refuse Collection Fee Schedule (a) Domestic garbage and domestic trash 4 Each `Special Bulk Trash pick- up ...... ...................... .......................... . $50.00 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity, of the remaining portions of this ordinance.' Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 4TH day of February, 2003. APPROVED: ATTEST: MAYOR C CLERK 1st Reading -1 /7/03 2 I Reading - 2/4/03 READ AND APPROVED AS TO FORM COMMISSION VOTE: 4 -1 Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Wiscombe: Yea r' CITY ATTORNEY Commissioner Bethel: Yea Commissioner McCrea: Nay i I Additions shown by underlining and deletions shown by ei+e-strildng