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11-18-03CITY COMMISSION AGENDA City Commission Meeting Meeting date: November 18, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: December 2, 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 CALL TO ORDER: A. Roll Call: B Invocation° C Pledge of Allegiance: D. Presentation(s) 7:00 p.m. a) Mayor, Vice Mayor and Commissioners to present Certificates, of Appreciation to members of the Budget and.Finance Committee. b) Recognizing Mr. Rudice Bryant on his retirement. c) Recognizing Mr. Alvin Hannah on his retirement. d) The Miami Herald -to give .a synopsis of their Health Fair event. e) Jay Beckman to present "Dangerous Intersection of Ludlum Road and SW 64th Street." REGULAR CITY COMMISSION 1 AGENDA - November 18, 2003 rc�"�,Y`s'"- Ems-- �..�FS.�,r� �€�;-.. ;.. .rte?' ,�'>., .- •.:;r, ,t?;, --+-� u�- .- .�''°.,- r"- �t^.�= s��„+' = :r�,=.„,r�'�:rn;`- '^,.�.::� „�. �.. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Oct. 21, 2003 2. City Manager's Report a) Discussion of Legislative Request 2004 Session;; b) Selection of workshop date for the Murray Park pool feasibility study: 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 BOARDS AND COMMITTEES; APPOINTING MARY RUBIN TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A 'TWO- YEAR TERM ENDING NOVEMBER 17, 2005 AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO BOARDS AND COMMITTEES, APPOINTING MARY RUBIN TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO -YEAR' TERM)_ (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF SOUTH MIAMI`, FLORIDA, APPROVING AN AMENDMENT TO THE ADOPTED CITY /COUNTY /SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) INTERLOCAL COOPERATION AGREEMENT DATED JUNE 1, 2000; AND DIRECTING THE INTERIM SMCRA EXECUTIVE DIRECTOR TO FORWARD THE INTERLOCAL AMENDMENT REQUEST TO THE BOARD OF COUNTY COMMISSIONERS FOR MIAMI -DADE COUNTY FOR FINAL APPROVAL; PROVIDING AN EFFECTIVE DATE 3/5 (A RESOLUTION APPROVING' AN AMENDMENT TO THE ADOPTED SMCRA INTERLOCAL COOPERATION AGREEMENT DATED JUNE 1,`2000; AND DIRECTING THE INTERIM SMCRA EXECUTIVE DIRECTOR TO FORWARD THE INTERLOCAL AMENDMENT REQUEST TO THE BOARD OF COUNTY COMMISSIONERS FOR FINAL APPROVAL) (City Attorney) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY' MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI POLICE DEPARTMENT`' FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH :MIAMI POLICE% DEPARTMENT PURSUANT TO SECTION 23.1225 (`3), FLORIDA STATUES; AND PROVIDE FOR AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 2 c AGENDA — November 18, 2003 �";' —�,, . , .,,- -- .-`^ .7w- .. .. ,i. �f f = .+3,'— r.,, zs:r > ., ^s y .r N .n,,:r— «-e ---� . ",` v^ ? c;y •• ; �.W'17— - , (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI 'POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES) (City Manager) 7. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 2003/04 FOR $5`,909.00; TO DESIGNATE $1,477.00 FROM THE POLICE OVERTIME ACCOUNT #01- 1910- 521 -1410, AS MATCHING FUNDS AS REQUIRED BY THE GRANT, AND TO PROVIDE FOR AN EFFECTIVE DATE„ 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO 'ACCEPT AND EXECUTE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEMS IMPROVEMENT GRANT FROM 'MIAMI -DADE COUNTY 'FY 03104 FOR $5,909) (City Manager) B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 'AGREEMENT WITH PROTURF, INC. FOR PALMER PARK DRAINAGE IMPROVEMENTS CONSTRUCTION IN AN AMOUNT OF $24,900.00 TO BE CHARGED TO - FLORIDA EMERGENCY; MANAGEMENT AGENCY' (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING ACCOUNT NUMBER 110 - 0000 - 132 -2070 AND THE STORMWATER DRAIN TRUST FUND ACCOUNT NUMBER 111 - 1730- 541 -3450; PROVIDING FOR AN'EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PROTURF, INC. FOR PALMER PARK DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $24,900). (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY j MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO CORZO "CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR SURVEYING & TESTING, FINAL DESIGN AND BID PHASE FOR DOWNTOWN IMPROVEMENTS PHASE III, IN AN AMOUNT OF SIXTY- NINE THOUSAND EIGHT HUNDRED FIFTY DOLLARS, ($69,850.00) TO BE CHARGED'` TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001 -0000- 132 - 2060; PROVIDING AN EFFECTIVE' DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO 'C3TS FOR SURVEYING & TESTING, FINAL DESIGN AND BID PHASE FOR DOWNTOWN _IMPROMEVEMENTS PH III IN THE AMOUNT OF $69,850) (City Manager) REGULAR CITY COMMISSION 3 AGENDA`- November 18, 2003 .;s,:,`r, =•..^wm`°°—''s- 10 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO l APPROVE A tSPECIAL EVENT PROVIDED BY THE MIAMI HERALD FOR A TOTAL HEALTH FAIR EVENT THAT WOULD BE HELD ON SUNDAY, JANUARY 18, 2004, LOCATED ON SW 72 STREET (SUNSET DRIVE) BETWEEN SW 58" COURT ' AND SW 57Tx ' AVENUE (RED ROAD) ; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY THE MIAMI 'HERALD FOR A HEALTH' FAIR EVENT, WHICH WILL BE HELD` ON SUNDAY, JANUARY 18, 2004, ON SUNSET DRIVE BETWEEN SW 58' CT AND SW 57' AVE).. L (City Manager) 11. A RESOLUTION OF THE MAYOR: AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION OF EQUIPMENT, AUTHORIZING THE CITY MANAGER TO PURCHASE_ A NEW PRINTER FROM IR DATALINK CORPORATION IN THE AMOUNT OF- $6,692.00 AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER: 001 -1340- 513 -6430 AND 001- 1410 - 513 -6430' "OPERATING EQUIPMENT ". 3I5' (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A' NEW PRINTER FROM IR DATALINK CORP IN THE AMOUNT OF $6,692) (City Manager) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION OF CERTAIN COMPUTER EQUIPMENT; AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW SERVER FROM DELL CO. IN THE AMOUNT OF $7,959.00 AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 1340 -513 - 6430, "OPERATING, EQUIPMENT ". (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW SERVER FROM DELL CO. IN the amount of $7,959) 3/5 (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2004 GENERAL ELECTION FOR THE MAYOR AND CITY COMMISSIONERS j- FOR GROUPS, II AND III AND UNEXPIRED TERM FOR COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY,' PLACE r AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE, OF ELECTION BOOKS; APPROVING THE OFFICIAL' BALLOT; PROVIDING FOR i NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 j (Mayor Feliu) REGULAR CITY CONNISSION AGENDA — November 18, 2003 4 =��-� t�� •� ,; =�g�"", <�'�r ,: �', —mow., .;c.��;,�, is i RESOLUTION (S) /PUBLIC HEARING (S) None RESOLUTION (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGENDA; CREATING AN AGENDA SUBJECT FOR `NEW BUSINESS "; i PROVIDING AN EFFECTIVE 'DATE 3/5 (A RESOLUTION CREATING AN AGENDA SUBJECT FOR "NEW BUSINESS. (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION; APPROVING ;;A SETTLEMENT' AGREEMENT BETWEEN THE CITY AND TK PROMOTIONS, INC..; PROVIDING AN EFFECTIVE DATE. '3/5 (A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY AND TK PROMOTIONS, INC.) (City Attorney) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; CREATING ELECTION °FORUM; PROVIDING GUIDELINES, AND AN EFFECTIVE DATE. ' 3/5 (A RESOLUTION CREATING ELECTION FORUM AND GUIDELINES) (Commissioner McCrea) ORDINANCE (S) FIRST "READING (S) i 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, ENTITLED "COMPENSATION FOR COMMISSIONERS AND MAYOR - ESTABLISHED" TO ALLOW FOR AN 'INCREASE _IN COMMISSIONER COMPENSATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 {' (deferred 11/4/03) i (Commissioner McCrea) SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING REGULAR CITY COMMISSION cJ AGENDA - November 18, 2003 ---r ; o-a;sa. „ +{2.'@Ir 1 , n'- ,. ;a�9 x { , nY;. "r'.` :. ,-s .m °..,, ^-,r•,?''°n -"' s-rs", .,..'_" ^r, F„ 7ROM -: nu-a.�: "�"' "' '7-707 fr , ° 3,# 't'' —rrn= s 5rzz* ,- - �..,,'s � ,'�'F^°4�s'?2c;:; =^ =. ?'�, # - PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE 'COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION j TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. } t 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 j J: \My Documents \agenda \11.18.03.doc i j r I I i i j I j j REGULAR CITY COMMISSION 6 AGENDA November 18,. 2003 Sovr�r CITY OF SOUTH MIAMI South Miami All- AmenCa ft Excellence, Integrity, Inclusion INCORPORATED I •_� 1927 A O Rte 2001 TO: Mayor, Vice Mayor & Commissioners DATE: November 12, 2003 FROM: Maria Davis City Manager RE: 2004 Legislative Request The Miami -Dade County Legislative Delegation has scheduled an intergovernmental summit in preparation for the upcoming 2004 Legislative Session. The Summit will be held on Wednesday, December 3, 2003 at Miami -Dade Community College, Wolfson Campus, from noon to 4:00' pm. As part of the Summit, we are required to present our 2004 Legislative Appropriations request. The Miami -Dade County 'Legislative Delegation requires that we submit our presentation package (the Legislative Request) no later than seven working days before the summit. We have prepared the enclosed 2004 Legislative Request package for your review. If you approve, we will send 26 sets of the package to the Miami. -Dade County Legislative Delegation for the summit.. Should you have any questions or comments, please do not hesitate to contact me. END OF MEMORANDUM E O u r South Miami Ar 04r' Y Oftedcacily INCORPORATED 1427 RAID P 2001 Legislative Request 2004 Legislative Session Area: Capital Improvement Program: Water Distribution System Improvement Amount: $2,000,000 Background and Justification The City of South Miami is an established community in the heart of urban Miami -Dade County. The majority of the City was developed prior to the 1960s, when surrounding commercial and residential densities were low and inhabitants relied upon their own property to provide drinking water through shallow wells and filter wastewater ;through septic tanks, often located next to each other. Since that time, however, the surrounding landscape has dramatically changed. The City of South Miami is now the center of a very dense and populated urban core. The higher density and presence of more intensive land uses have severely taxed the natural environment's ability to provide clean drinking water and filter wastewater. As a result, inhabitants now turn to local government for the provision of drinking water and wastewater collection to ensure public health and to safeguard the environment. In addition, these parts of the City of South Miami do not have Fire Hydrants. Without fire protection, it is very difficult for the local Fire Department to safe lives and protects properties during any routine fire calls: The majority of the City of South Miami was developed prior to the construction of Miami -Dade County's water and sewer system. Consequently, many of the City's residential neighborhoods still rely upon wells to provide for drinking water needs. Unfortunately, the significant stress put on the aquifer by urbanization has resulted in deteriorating water quality. Providing high- quality municipal water and fire protection are of utmost importance for our residents. The goal of this appropriations request is to provide high - quality drinking water. The area requiring service includes all residential areas in the City. Appropriation Request Potable drinking water and fire protection continues to be the City's most pressing need. Our recent citywide study showed that we could bring our residential areas on -line with County water for approximately $2,000,000. sour F � v INCORPORATED 1927 P R:o Legislative Request 2004 Legislative Session South Miami Nt- wedcapy _I I 11.1 2001 Area: Capital Improvement Program: Stormwater Improvement Amount: $1,750,000 Background and Justification The purpose of this appropriations request is to receive the necessary funding to upgrade the City of South Miami's stormwater drainage system in ; order to eliminate or significantly reduce pollutant loading to water bodies from the direct discharge of stormwater runoff and prevent local flooding events by provide drainage system citywide. Recent requirements mandated by the Federal and State Government have affected the environmental and flood protection responsibilities of all municipal and local governments, including the City of South Miami. The most critical of these recent requirements are the Environmental Protection Agency's National Pollution Discharge Elimination System ( NPDES) program and Florida's implementation of this program via Section` 403.0885 of Florida Statutes. In order to evaluate the City's compliance with these requirements, the City of South Miami commissioned a comprehensive engineering study to identify and detail priority stormwater drainage projects. The comprehensive engineering study, the basis for the City of South Miami Stormwater Capital Improvements Program, found that the City contains 32 municipally:- owned stormwater outfalls which discharge untreated stormwater into waterways that flow into Biscayne Bay and do not comply with NPDES program standards; and localized flooding events occur in the City at significant expense to citizens. The study prioritized the projects necessary to upgrade the City's stormwater' drainage system to comply with all applicable Federal, State and local law and estimated the total capital cost of the upgrade at $1,750,000. Appropriation Request The funding of these additional critical components of this environmental project is clearly beyond the City's financial ability and will require assistance from the State. With $1,750,000, the City will be able to perform the much- needed service for the project. soUTy South Miami Al A114meficaCfty F 1 1 ., INCORPORATED • 1927 P �OR'i 11Q) 2001 Legislative Request 2004 Legislative Session Area: Parks and Recreation/Capital Improvements Program: Murray Park Improvements — Swimming Pool Amount: $1,200,000 Background and Justification The City of South Miami has made a significant commitment to preserving and enhancing its recreational resources. The 'City, with assistance from several funding sources has constructed a multipurpose center at the City's largest park, Murray Park. This legislative request would allow for the multipurpose facility to be equipped with a swimming pool, new restrooms and security lighting. The area surrounding Murray Park is an urban 'residential neighborhood comprised of a predominantly minority population which experiences many of the socioeconomic problems associated with the urban/inner -city environment, including crime, drugs, single - parent families, truancy and a high drop -out rate. The multipurpose center is envisioned as an important step in reducing the number of South Miami children entering the juvenile justice system and fostering a sense of community pride and identity among the City's residents, The City has already invested close to $4,000,000 in this inner city facility. This has come from a variety of sources including Florida Recreation Development Assistance Program, Trust for Safe Neighborhood Parks, Community Development Block Grants and over $1,500,000 in City funds. The one major unfunded component is an Aquatic Safety Center. There are no public pools in South Miami and, tragically, a number of youths have drowned in the numerous canals that traverse the City. An Aquatic Safety Center is critical to teaching the youth of the community to swim and providing them with a viable and safe recreational opportunity. Appropriation Request The City of South Miami is requesting $1,200,000 for the Murray Park Aquatic Safety Center. nwm �' -�.•;, .:;.=-�r�e. s; 7=.� -.s;, ��T'': -'P� - sour F � U INCORPORATED 1927 P R1,Q Legislative Request 2004 Legislative Session Area: Parks and Recreation /Capital Improvements Program: Palmer Park Improvements Amount: $112,500 Background and Justification South Miami AIL- AmelicaCily 1 r 2001 The City of South Miami. has made a significant commitment to preserving and enhancing its recreational resources. The City, with assistance from several funding sources, is renovating each of its parks, all of which had suffered from neglect for several decades. The City is now seeking funding opportunities to enhance "Palmer Park. Adjacent to one of the busiest thoroughfares in South Miami, Palmer Park is one of the most utilized parks in the City. The park is nestled between South Miami Elementary School and South Miami Middle School, making it a preferred recreational location for the children attending both schools and faculty who incorporate recreational activities in their regular curriculum. In addition, Palmer Park is the only park in the City that has the required facilities to accommodate year -round sport leagues. Consequently, time and heavy usage had deteriorated the existing equipment. Palmer Park contains 4 basketball courts and 5 playing fields for football, baseball, and soccer. These fields accommodate year -round sports leagues and are in dire need of refurbishing. A playground /tot lot adds to the appeal of the park. This element must be updated to meet new ADA standards. Additionally, new ADA - approved bleachers are needed to accommodate the audience attracted by the sports leagues and family games.' The park is nicely landscaped, but will benefit from the addition of canopy` trees to provide needed 'shade. Restroom and parking facilities also exist, but need repairing. Appropriation Request This legislative request would allow for necessary renovations to take place, including purchasing ADA- accessible bleachers, playground equipment and picnic tables. The funds will also be allocated for the renovation of the existing restrooms, vita course fitness trail, scoreboard, ball fields, landscaping, and lighting/electric repairs. s�UTr CITY OF SOUTH MIAMI South Miami UUM °Ali•AmlficaCity Excellence, Integrity, Inclusion 2001 V TO: Mayor, Vice Mayor & Commissioners DATE: November 12, 2003 FROM: Maria Davis L s' City Manager ` - RE: Murray Park Master Plan Swimming Pool Feasibility Study Staff and our consultant greet last week to kick-off the Murray Park Master Plan Pool Feasibility Study. During the meeting, the pros and cons of a public swimming pool vs. an interactive water feature was discussed. It was tentatively agreed upon that the scope of this study be modified to address the following water feature development options: 1. A public swimming pool vs. 2. A 25 meter public pool capable of hosting competitive swimming events (8 to 10) vs. 3. A limited, 25 meter lap pool (2 to 4 lanes) 4. An infant pool 5. An interactive water feature for non- swimmers 6. Public health department related support facilities (pool sanitation equipment, toilets, showers, and locker rooms) To promote public awareness, we recommend that a community workshop be convened to solicit public input at the beginning of the study. As a result, we ask for a convenient date and time for the workshop. Attached are preliminary alternative conceptual plans reviewed during the meeting. Should you have any questions or comments, please do not hesitate to contact me. END OF MEMORANDUM $o u r� South Miami CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM *AmmicaChy + INGORPORATEO 192 A 2001 To Honorable Mayor, Vice Mayor Date: November 18, 2003 and City Commission From: Maria V. Davis Subject: Agenda Item # CityManager Appointment of *ircommission for Women REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH :MIAMI, FLORIDA, RELATING` TO BOARDS AND COMMITTEES; APPOINTING MARY RUBIN TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING NOVEMBER 17, 2005; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Feliu, appoints Mary Rubin to the Junior Commission. for Women for a two year term ending November 17 2005 or until a successor is duly appointed and qualified. RECOMMENDATION Approval' is recommended. i . L 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING MARY RUBIN 6 TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN 7 FOR A TWO YEAR TERM ENDING NOVEMBER 17,' 2005; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS,, the Mayor and Commission recognize the important contributions made by 11 those who serve on the various city boards and committees, and wish to appoint a full 12 complement to each of the active boards and committees; and 13 14 WHEREAS, the City Commission desires to appoint Mary Rubin to serve for a two year 15 term on the Junior Commission for Women. Appointment shall expire <November 17, 2005 or 16 until a successor is duly appointed and qualified. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 20 21 Section 1. The City Commission hereby appoints Mary Rubin to the Junior 22 Commission for Women. 23 24 Section 2. _ The expiration date of this appointment shall be November 17, 2005 or 25 until a successor is duly appointed and qualified: 26 27 Section 3. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED THIS DAY OF , 2003 30 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK' MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39` Vice Mayor Russell: 40 Commissioner Wiscombe: 41 Commissioner Bethel: 42 Commissioner McCrea: 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY' 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: og�r�i�1 (Please print) 2. Home Address: W Li !A ... 3. Name of School: S Lt 1y► am°1 JAI: L-,8' 4. School Address: 'y-, L - \,i 5. Home Phone No. `SpS 2VOL Date of Birth: I -L / 16 6. E -mail Address: 516-"4 19 S -7 44-1 �0L -cc N 7. Are you a resident of the City? Yes No S. PLEASE ATTACH THE FOLLOWING TO APPLICATION: '-a.: Two letters of recommendation from current or former teachers One letter of recommendation from an adult other than a family member N,, Copy of last report card. Proof of participation in at least one extra - curricular activity. 9. Ethnic Origin? / White non - Hispanic ,/ African American Hispanic Americans Other Signature Date 2- ®p3 C7 9 2c� Applicant 9 Signature % �`'� ` Date nc a, tC)Q; -1 ent /Guardian State of Florida County of Miami -Dade Sworn to (or affirmed) before me this 2` day ofQ. a i', 2022, byA rpa q yecl h l �1 (seal of Notary) )1A"z?L MARTHA M.RODRIGUEi .Signature of Notary.. . MY COMMISSION N D0104901 a s Qe EXPIRES June 18 2068 9fEOV4�aP\ Bonded TtxuMWONOWYSerOM Printed Name of Notary Personally known OR produced identification ' Type of identification produced Jr i Ile f � S �� c P - S C THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED; ., m�.k- TO: City of South Miami Junior Board FROM: Elena Ruiz, English teacher, South Miami High School RE: Mary Rubin DATE: October 23, 2003 Mary Rubin is a student in my English I Honors class at South Miami High School. I have known Mary since the beginning of the school year, and she has already proven that she is a remarkable young woman. Mary is a congenial student who quickly earned the respect and trust of her classmates. She did not attend one of the middle schools in South Miami's feeder pattern, yet she enrolled in our school knowing that she would be with out close friends. From the first day of school, Mary introduced herself to her classmates and easily made friends. Her outgoing manner made the transition to South Miami a smooth one. In my classroom, students sit together in groups of four. Mary has emerged as a respected leader in her group. She carefully listens to her classmates' opinions and is never rude or condescending when responding to questions or concerns. Mary will be an asset to the City of South Miami Junior Board. She is a very self - motivated, friendly, and hardworking student who will eagerly promote the many positive programs' created by the board. Sincerely, Elena-Ruiz October 24, 2003 Deborah Gormley South Miami Senior High School 6856 SW 53 Street Miami, FL 33155 To Whom It May Concern: I am writing this letter of recommendation on behalf of Mary Rubin. Mary is a talented student in my magnet computer graphics class this year. I have found her to be a responsible and reliable student who takes her school assignments and deadlines very seriously. She is friendly, out=going, and has a great attitude. Mary has an excellent attendance record, carrying a 3.5 weighted GPA overall with an "A" average in my class, making her one of my best students. I have observed that Mary is active in a number of school activities, for example, Future Business Leaders of America (FBLA), the English Honor Society, the : Angel Project, and the Underwater Society. The diverse nature of her interests helps to make her a well- rounded individual with good leadership skills. She demonstrates a sincere desire to give back to her school and community. I highly recommend Mary to you and am certain that she would be an asset to your organization. If you have any questions, I can be reached at (305) 666 -5871 ext 2297. Sincerely, Deborah Gormley - r— p-,i, -r-.� .= `^s^'23.F`F%A t.:,;, v"Ti °" ^`°" -Ti.ia r';'; -., %' `°.;,4'^ V, ,-- °Bn g^°`5".r ,.9."*ti T-.,, ,7'+a"•3r,:, October 27, 2003 To Whom It May Concern: I have had the pleasure of knowing Mary Rubin over the past; couple of years. During this time, she has shown herself to be a very responsible young lady. Her enthusiasm and energy when dealing with others is a tribute to the dedication and commitment she puts into any goals she sets for herself. Mary is by far the most loyal young lady my family has ever met. If you have any further questions, please feel free to contact me at (305) 975 -7716, Sincerely, G!urdxe� J E�nxn�cr�uuz ,.''k,x -k t".r,^^ :.w..',';` „"'"a ";- -:°-qxr -w r,; "N i- ;^. =,q a.,: s. =-:.r;:• .F*.rv,,, -r y. ,...,i; ,..a s,`„;'.*w >v..' .: To: City of South Miami Junior Board From: Dana Ligocki, English Teacher and English Honor Society Sponsor, South Miami Senior High Re: Rubin Date: October 24, 2003 Mary Rubin takes part in the English Honor Society, which I am the sponsor of. She is one of two web design chairpersons. Her responsibilities include collecting creative writing from the student body, editing the work, then posting it on the web site. She also participates in our FCAT tutoring program as an FLAT tutor. Sincerely, Dana Ligocki r. 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 c 26 27 28 29 1 30 r 31 32 33 34 35 r 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF SOUTH MIAMI, FLORIDA, APPROVING AN AMENDMENT TO THE ADOPTED CITY /COUNTY /SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA), 1NTERLOCAL COOPERATION AGREEMENT DATED JUNE 1, 2000; AND DIRECTING THE INTERIM SMCRA EXECUTIVE DIRECTOR TO FORWARD THE INTERLOCAL AMENDMENT REQUEST TO THE BOARD OF COUNTY COMMISSIONERS FOR MIAMI -DADE COUNTY FOR FINAL APPROVAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, pursuant to Ordinance No. 12- 97- 1633 enacted on April 15, 1997, accepted a delegation of powers from the Miami -Dade County Board of Commissioners (`Boar&" ), found a need for and created the City of South Miami Community Redevelopment Agency ( "SMCRA "), declared members of the City Commission to be the members of the Agency, granted the Agency the power to exercise all powers permitted by the Act which were delegated by the Board to the Agency, and directed the initiation, preparation and adoption of a community redevelopment plan by the Agency; WHEREAS, the Mayor and City Commission of the City of South Miami pursuant to Ordinance No. 12 -97 -1633, created on April 15 1997, the SMCRA, onsistent with Chapter 163, Part III, Florida Statutes, and the rules and regulations of Miami -Dade County; and, WHEREAS, the SMCRA adopted a community redevelopment plan, dated March 0, 1998, to serve as a guide in implementing redevelopment in the City's community edevelopment area; and, WHEREAS, the Board, pursuant to Ordinance No. 98 -70 and Ordinance No. 98 80, enacted by the Board on May 19, 1998, approved and adopted the South Miami Community Redevelopment Plan, and approved the creation of a community edevelopment trust fund; WHEREAS, the City entered into an interlocal cooperation agreement ( "Interlocal Agreement ' ) with Miami -Dade County dated June 1, 2000, to specify and coordinate the administrative and financial aspects of the community redevelopment agency; and, WHEREAS, the SMCRA now desires to approve an amendment to the Interlocal Agreement in order to increase the administrative cap from 10 to 20 percent; and, Additions shown by underlining and deletions shown by .g. I 2 WHEREAS, on via SMCRA amended Resolution No.: , the 3 SMCRA approved a separate amendment to the Interlocal Agreement dated June 1,2000, 4 in order to increase the administrative cap from 10 to 20 percent; and, 5 6 WHEREAS, the proposed amendment has received the preliminary approval of 7 the County's tax increment finance committee. 8 9 NOW THEREFORE BE IT RESOLVED BY THE CITY OF 'SOUTH MIAMI, 10 FLORIDA THAT: 11 12 Section 1. The modification to the Interlocal Agreement changing the 13 SMCRA's administrative expense limit, as specified in Exhibit A attached hereto, 14 is also approved and adopted. 15 16 Section 2. This resolution shall be immediately transmitted to Miami -Dade 17 County for consideration and final approval by the Board as required by the June 18 1, 2000 Interlocal Agreement. 19 20 Section 3. This resolution amends prior resolution 141 -99- 10765, approved by 21 the City Commission and approved by the Board on June 1, 2000, only to the 22 extent that it increases the administrative cap available to the SMCRA from 10 to 23 20 percent. 24 25 Section 4. This resolution shall take effect immediately upon adoption. 26 27 PASSED AND ADOPTED this day of , 2003. 28 29 ATTEST: APPROVED: 30 31 32 CITY CLERK MAYOR 33 34 COMMISSION VOTE: 35 Mayor Feliu: 36 Vice Mayor Russell: 37 READ AND APPROVED AS TO FORM: Commissioner Wiscombe: 38 Commissioner Bethel: 39 Commissioner McCrea: 40 41 CITY ATTORNEY Page 2 of 2 City of South Miami INTER-OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: November 18, 2003 and City Commission FROM: Maria Davis l 'SRe: Agenda Item # City Manager Comm. Mtg 11/18 /03 Mutual Aid Agreement with the City Miami Police Department RESOLUTION A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUES; AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Florida State Statutes (Chapter 23) authorize the governing body of municipalities to empower the Chief Executive Officer of the municipality to enter into agreements for shared law enforcement services in specific times of need. The aforementioned agency has, in the past, had an agreement in effect with the City of South Miami. As a matter of course this agreement should be renewed every five years, a recommendation of the Florida Department of Law Enforcement, the agency statutorily charged with the administration of mutual aid within the state. This agreement allows the Police Department to draw upon resources in furtherance of the law enforcement mission, including personnel and equipment, as well as providing for reciprocity. RECOMMENDATION Your approval is recommended. 1 2 3 4 RESOLUTION NO. 5 6 7 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF 8 SOUTH ML"% FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO 9 A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI POLICE 10 DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON 11 BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO 12 SECTION 23.1225 (3) FLORIDA STATUES; AND PROVIDE FOR AN EFFECTIVE 13 DATE, 14 15 16 17 18 WHEREAS, Chapter 23 Florida Statutes , the Florida Mutual Aid Act, requires the 19 authorization by the governing body of the municipality before a Mutual Aid Agreement may be 20 entered into by the Mayor or Chief Executive Officer of the municipality on behalf of the law 21 enforcement agency; and 22 23 24 Vd-IEREAS, there is the existing and continuing possibility of the occurrence of law 25 enforcement problems and other natural and man -made conditions which are or likely to be 26 beyond control of the services, personnel, equipment or facilities of the City of South Miami 27 and/or the aforementioned entity; and 28 29 30 WHEREAS, to ,meet the responsibility of the respective governments to ensure public 31 safety of their citizens by providing adequate levels of police services, preparation must be made 32 to protect the public peace and safety and to preserve the lives and property of the people in the 33 jurisdictions; and 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 39 Section 1. The City Manager of the City of South Miami is authorized to enter into a 40 Mutual Aid Agreement in a form' acceptable to the City Attorney, with the 41 City of Miami Police Department, on behalf of the City of South Miami 42 Police Department pursuant to Section 23.1225 (3), Florida Statues. 43 44 Section 2. That this resolution be effective immediately after the adoption hereof. 45 46 PASSED AND ADOPTED this day of , 2003. 47 48 ATTEST: APPROVED: 49 50 51 CITY CLERK MAYOR 52 53 COMNIISSION VOTE: 54 READ AND APPROVED AS TO FORM: Mayor Feliu: 55 Vice Mayor Russell 56 Commissioner Wiscombe: 57 CITY ATTORNEY Commissioner Bethel: 58 Commissioner McCrea: VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITNESSETH Whereas, it is the responsibility of the governments of the City of Miami, Florida, and the City of South Miami, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and Whereas, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the City of Miami Police Department or the City of South Miami Police Department; and i Whereas, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Miami and the City of South Miami; and Whereas, it is to the advantage of each agency to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi-jurisdiction law enforcement, problems, so as ` to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including but not limited to emergencies as defined under Section 252.34, F.S. or joint provision of certain law enforcement services specified herein and allowed pursuant to F.S. 166.0495; and, Whereas, the City of Miami and the City of South Miami have the authority under Section 23.12, F.S., et seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines as allowed under F.S. 166.0495; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, F.S. NOW THEREFORE, BE IT KNOWN that the City of Miami, apolitical subdivision of the State of Florida, and the City of South Miami, a political' subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in wa dealing with any violations - of Florida Statutes to include, but not necessarily be limited to, investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., routine traffic offenses, backup services during patrol activities, school resource officers on official duty out of their jurisdiction, and inter-agency task forces and/or joint investigation. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to dealing with, the following: 1. Joint multi jurisdictional criminal investigations 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, 'train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within, prisoner processing facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security: 11. Major events, ', e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene and police information 14. Emergency situations in which one agency cannot perform its functional objective. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1 Mutual aid requested or rendered will be approved by the Chief of Police, or. designee. 2 . •4., .'. _, � ; r, ,. .- ..s�� . �. +�. ",�'� .°r,;.,• ; 4a, .,. ,; .''A;, 2. Specific reporting instructions for personnel rendering; mutual aid will be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and each agency's communications centers will maintain radio contact with each other until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency, or directors involved. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, the Chief of Police or designee, shall notify the agency, director or his/her designee from whom such assistance is requested. The director or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he /she deems appropriate. The director in whose jurisdiction assistance is being rendered may determine who is t authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted, This authority may be granted either verbally or in writing as the particular situation dictates. 1 Should a -sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the area on routine business, attending a meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, he /she shall be empowered to render enforcement assistance and act in accordance with law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the tatter's arrival, turn the situation over to them and offer any assistance requested including but not limited to a follow -up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants, and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life' - threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting director shall be under the immediate command of a supervising officer designated by the assisting director. Such supervising officer shall be under the direct supervision and command of the director or his /her designee of the agency requesting assistance. -3- CONFLICTS: Whenever an officer is rendering assistance pursuant to this agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employer. If any such regulation, personnel policy general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such role, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the director or his/her" designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining patty can be contacted. 3. The specific allegation 4. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent' documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review_ The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each party; engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section 768.28., Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS` a. Employees of the City of Miami and the City of South Miami, when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this Agreement, shall pursuant to the provisions of Section 23.127(l), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to the agreement as set forth above; provided 4 however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. (c) A political subdivision that fimiishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. (d) The agency furnishing and pursuant to this agreement shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. (e) The privileges ; and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraternto, rally under the provisions of this mutual aid agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. (f) Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency .performing hereunder'. SECTION VII: INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28 (14), Florida Statutes, in an amount which is, in the judgment of the governing body of that ' party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all "parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION "VIII: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until , 2008. Under no circumstances may this agreement be renewed, amended, or extended except in writing.: _5 Fes,- SECTION IX: CANCELLATION Any party may cancel its participation in this agreement upon delivery of written notice to the other or parties. Cancellation will be at the direction of any subscribing party. In witness whereof, the parties hereto cause to these presents to be signed on the date specified. AGREED TO AND ACKNOWLEDGED this day of , 2003. JOE ARRIOLA MARIA DAVIS CITY MANAGER CITY MANAGER CITY OF MIAMI, FLORIDA CITY OF SOUTH MIAMI, FLORIDA Dater Date: Attest: Attest: PRISCILLA S. THOMPSON MARIA MENENDEZ CITY :CLERK CITY CLERK CITY OF MIAMI, FLORIDA CITY OF SOUTH MUM, FLORIDA APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AND LEGAL SUFFICIENCY: ALEJANDRO VILARELLO EARL GALLOP CITY ATTORNEY CITY ATTORNEY CITY OF MIAMI, FLORIDA CITY OF SOUTH MIAMI, FLORIDA JOHN F. TIMONEY ORLANDO MARTINEZ DE CASTRO CHIEF OF POLICE CHIEF OF POLICE CITY OF MIAMI, FLORIDA CITY OF SOUTH MIAMI, FLORIDA City of South Miami INTER - OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: November 18, 2003 and City Commission FROM: Maria Davis Re: Agenda Item # City Manage L Comm. Mtg 11/1' 03 Authorization to accept the ` Federal Drug Control and System Improvement Grant RESOLUTION A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AUTHORIZING THE 'CITY MANAGER TO ACCEPT AND EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT FROM MIAMI DADE COUNTY FY 2003/04 FOR $5,909.00; TO DESIGNATE $1,477.00 FROM THE POLICE OVERTIME ACCOUNT #01 -1910- 521 -1410, AS MATCHING FUNDS AS REQUIRED BY THE GRANT, AND TO PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The United States Department of Justice, through the Federal Drug Control and System Improvement Grant, has allocated through Miami -Dade County, an amount of $5,909.00 for this City to assist school age children at risk. The Police Department desires to use the funds to provide for an additional day of coverage using police personnel in the City's existing Civil Citation Program. The required matching funds of $1,477.00 would come out of the Police Overtime Account #01- 1910 - 521 -1410 and would not adversely affect the operation of the Police Department. Current Approximate Balance $234,168.17 Request $ 1,477.00' New Approximate Balance $232,691.17 RECOMMENDATION Your approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 ACCEPT " AND EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS 6 RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEM 7 IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 2003104 FOR 8 $5,909.00; TO DESIGNATE $1,477.00 FROM THE POLICE OVERTIME 9 ACCOUNT #01- 1910 - 521 -1410 AS MATCHING FUNDS REQUIRED BY THE 10 GRANT AND PROVIDE FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the United States Department of Justice through the Federal Drug Control 13 and System Improvement Grant, has allocated through Miami-Dade County for the City of South 14 Miami Police Department $5,909.00 for assistance for school age children at risk; and 15 16 WHEREAS, the Police Department desires to use the funds to provide for an additional 17 day of coverage using police personnel in the city's existing Civil Citation Program; and 18 19 WHEREAS, the matching funds requirement for this grant, $1,477.00 would not 20 adversely affect the operation of the Police Department; and 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. The City Manager is authorized to accept and execute all applicable 26 contracts from the Federal Drug Control System Improvement grant 27 through Miami -Dade County in the amount of $5,909.00. 28 29 Section 2. The City Manager is authorized to designate $1,477.00 from the Police 30 Overtime Account #01 -1910- 521 -1410 as matching funds required by the 31 grant. 32 33 PASSED AND ADOPTED this day of 2003. 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR` 39 40 COMMISSION VOTE: 41 READ AND APPROVED AS TO FORM: Mayor Feliu: 42 Vice Mayor Russell: 43 Commissioner Wiscombe: 44 CITY ATTORNEY Commissioner Bethel: 45 Commissioner McCrea: o� soul, CITY OF SOUTH MIAMI South Miami q ;I- AmencaC y .. Inter- office Memorandum INCORPORATED 1927 L Rte 2001 TO: Honorable Mayor, Vice Mayor DATE: November 18, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. City Manager l S RE: Authorizin g the City Manager to _ . g execute an agreement with Proturf, Inc. for Drainage Improvements at Palmer Park i RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PROTURF, INC. FOR PALMER PARK DRAINAGE IMPROVEMENTS CONSTRUCTION IN AN AMOUNT OF $24,900.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND RELIEF 'FUNDING ACCOUNT ` NUMBER 11'0- 1310 - 513 -4670 AND THE STORMWATER DRAIN TRUST FUND ACCOUNT NUMBER 111- 1730. -541 -3450; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: I i The proposed Drainage Improvement at Palmer Park was initiated as a result of "No Name Storm" of October '2, 2000. Through Disaster Relief agreement number 1345, FEMA allocated some funding to provide drainage improvements between the baseball fields. The construction project will consist of installation of three new catch basins, j installation of approximately 80 lineal feet of drainage exfiltration trenches, construction of Type "D" curb, asphalt restoration and incidental rehabilitation. This construction j agreement will "piggyback" on Proturf's existing contract for Dante Fascell Park improvement project. Proturf's proposal is attached. This project will be funded through grants from FEMA Disaster Relief Number 1345, Florida Recreation Development Assistance Program and the City's Stormwater Trust Fund. The account balance for both funds is $22,184.00 and $43,000.00, respectively. RECOMMENDATION: It is recommended that the City Commission approve the resolution. Page 2 of 2 Comm. Mtg. Agenda Nov.18, 2003 ATTACHMENTS: ❑ Proposed Resolution ❑ Proturf's`Proposal ❑ Project Schematic Plan LJ Copy of current contract for Dante Fascell Park 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT 6 WITH PROTURF, INC. FOR PALMER PARK DRAINAGE IMPROVEMENTS CONSTRUCTION IN AN 7 AMOUNT OF $24,900.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY 8 (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING ACCOUNT NUMBER 110 -1310 -513 -4670 9 AND THE STORMWATER DRAIN TRUST FUND ACCOUNT NUMBER 111- 1730 -541 -3450; 10 PROVIDING FOR AN EFFECTIVE DATE it 12 WHEREAS, the Mayor and City commission wishes to provide much needed drainage 13 improvements at Palmer Park and; 14 15 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a 16 construction contract with Proturf, Inc. for drainage improvements at Palmer Park, in an amount of 17 $24,900.00. 18 19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, FLORIDA: 21 22 Section 1: The City intends to "piggyback" on the existing contract with Proturf, Inc. for 23 drainage improvements at Dante Fascell Park. 24 25 Section 2:' That the Mayor and City Commission authorize the City Manager to execute 26 an agreement with Proturf, Inc. for the Drainage Improvements at Palmer Park in an amount' of 27 $245900.00. 28 29 Section 3: The project will be funded through grants from FEMA Disaster Relief 30 number 1345, the Florida Recreation Development Assistance Program and the city's Stormwater 31 Drain Trust Fund, with account numbers 110 - 1310- 513 -4670 and 111 -1730- 541 -3450, respectively. 32 33 Section 4: This resolution shall be effective immediately. 34 35 36 PASSED AND ADOPTED this day of , 2003. 37 38 APPROVED: ATTEST: 39 40 41 City Clerk Horace G. Feliu, Mayor 42 43 44 READ AND APPROVED AS TO FORM: Commission Vote; 45 Mayor Feliu: 46 Vice Mayor Russell: 47 Commissioner Bethel: 48 City Attorney Commissioner Wiscombe: 49 Commissioner McCrea: PROTURF A GOLF COURSE CONSTRUCTION & MAINTENANCE COMPANY PROPOSAL November 3, 2003 Ramon Castella, P.E. Principal 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 Reference Project: Palmer Park Drainage It is with great pleasure that Proturf, Inc. Presents this proposal package for the Palmer Park Drainage project. Our proposal is based on sketch prepared and provided by C3TS dated November 3, 2003. There are no specifications provided other than the ones depicted on the above referenced drawings. All work is to be performed under standard working hours. No weekend or nighttime work is to be included in this base bid. Division l: General Conditions. Provide all supervision inclusive of a designated project manager and superintendent. The assigned management team is to provide all meetings, coordination, progress billings, and scheduling as required for the completion of this scope of work. Division 2: Site Work. The following stated description items are to be included herein this proposal as our scope of work (items not mentioned shall not be assumed as included under this scope of work): - Security of site - Limerock Testing - Saw cutting as required - Clearing of Site (scraping of existing clay) t 303 - 80 linear feet of exfiltration trench drain ► 3' - Type "P" catch basins - 9" of fill for grading purposes - 6" of limerock base - 1" of Type S -3 Asphalt - Type "D" curb - Sod as shown on sketch 7344 S.W. 48th Street, Suite 301, Miami, FL 33155(305) 665 - 9351 Fax (305) 665 -5478 Email: proturf @bellsouth`.net 1 sour CITY OF SOUTH MIAMI South Miami co q *America ft Inter - office Memorandum t ' INCORPORATED .1927 P fit O itt0 2001 TO: Honorable Mayor, Vice Mayor DATE: November 18, 2003 & City Commission P FROM: Maria V. Davis ; L AGENDA ITEM No. City Manager RE: Authorizing the City Manager to execute a professional service agreement with C3TS for the Downtown Improvement Phase III RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR SURVEYING & TESTING, FINAL DESIGN AND BID PHASE SERVICES FOR DOWNTOWN IMPROVEMENTS PHASE III, IN AN AMOUNT OF SIXTY - NINE THOUSAND EIGHT HUNDRED FIFTY DOLLARS, ($69,850.00) TO BE CHARGED TO THE SOUTH FLORIDA WATER! MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001- 0000 -132- 2060; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS: As the selected, professional engineering and 'architectural consultant for the Downtown Infrastructure Improvements, C3TS will provide survey & testing services, final design and bid phase professional' services for drainage improvements within the downtown area. The professional services will be provided for phase III downtown area defined as: SW 73rd Street from US -1 to SW 58h Court, SW 70 Street from SW 59`h Court' to SW 57th Court, SW 59' Court from SW 73rd` Street to SW 74t' Street, SW 59' Avenue from SW 73rd Street to SW 74h Street, SW 58d' Court from SW 73rd Street to SW 74' Street and SW 58d' Avenue from SW 73rd Street to SW 74`h Street. The proposed improvements include catch basins, exfiltration trenches, piping and pavement restoration. The professional services will be funded through the South Florida Water Management District grant account number 001- 0000 - 132 -2060, with account balance of $700,450.00. RECOMMENDATION: It is recommended that the City Commission approve the resolution. Page 2 of 2 Comm. Mtg. Agenda Nov. 18, 2003 ATTACHMENTS: • Proposed Resolution • C3TS' Work Order for Professional Services ❑ C3TS' Fee Worksheet ❑ Project Location Map FFF 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY- OF SOUTH 4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL 5 SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. 6 (C3TS) FOR SURVEYING & TESTING, FINAL DESIGN AND BID PHASE SERVICES FOR 7 DOWNTOWN IMPROVEMENTS PHASE 111, IN AN AMOUNT OF SIXTY -NINE THOUSAND 8 EIGHT HUNDRED FIFTY DOLLARS, ($69,850.00) TO ' BE CHARGED TO THE SOUTH 9 FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001- 0000 -132- to 2060; PROVIDING AN EFFECTIVE DATE 11 12 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to provide drainage 13 improvements within the City's downtown area;. and, 14 15 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional 16 services of C3TS, to provide survey & testing services, final design and bid phase services for Downtown 17 Improvements - Phase III; and 18 19 WHEREAS, the streets within the boundaries of Phase 11 are defined as: SW 73rd Street from US -1 to 20 SW 58th Court, SW 74th Street from SW 59th Court to SW 57th Court, SW 59th Court from SW 73rd Street to SW 21 74th Street, SW 59th Avenue from SW 73`d Street to SW 74th Street, SW 58th Court from SW 73rd Street to :SW 22 74th Street and SW 58th Avenue from SW 73rd Street to SW 74th Street; and 23 24 WHEREAS, this portion of the Downtown Improvements - Phase III professional services will be 25 funded through the South Florida Water Management District grant. 26 27 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH 28 MIAMI, FLORIDA, that; 29 30 Section 1: The City Manager is authorized to execute a Work Order with Corzo Castella Carballo 31 Thompson Salman, P.A. in connection with the survey & testing, final design and bid phase services for 32 Downtown Improvements - Phase III project, in an amount of $69,850.00, account number 001 - 0000 -132 -2060. 33 34 Section 2: The attached proposal, Professional Service Work Order, is made part of the resolution. 35 36 PASSED AND ADOPTED this day of 2003. 37 38 ATTEST: APPROVED: 39 40 41 City Clerk Horace Feliu, Mayor 42 43 44 READ AND APPROVED AS TO FORM; 45 46 47 City Attorney Commission Vote: 48 49 Mayor Feliu: 50 Vice Mayor Russell: 51 Commissioner McCrea: 52 Commissioner Bethel: 53 Commissioner Wiscombe: 54 . t . "z,, +WKWW,,,n kwl i WORK ORDER FOR PROFESSIONAL SERVICES • e e • TO: City of South Miami Date: 10/30103 Engineers Public Works Department File: 1929 -15 Architects P l a n n e r s 4795 SW 75th Avenue South Miami, Florida 33155 ATTENTION: W. Ajibola Balogun, Public Works Director PROJECT NAME: Downtown Improvements - Phase III City of South Miami, Florida SCOPE OF PROJECT: Drainage Infrastructure improvements along the following streets (as shown on attached site E60005022 plan), AAC002142 SW 73rd Street (from US -1 to SW 58th Court) SW 74th Street (from SW 59th Court to SW 57th Court) SW 59th Court (from SW 73rd Street to SW 74th Street) SW 59th Avenue (from SW 73rd Street to SW 74th Street) SW 58th Court (from SW 73rd Street to SW 74th Street) SW 58th Avenue (from SW 73rd Street to SW 74th Street) Proposed improvements include catch basins, exfiltration trenches, piping and pavement restoration. SCOPE OF SERVICES: Survey & Testing Phase Engineering survey of project route, and perform four (4) usual open hole tests for hydraulic and testing. Final Design Phase: Final design and preparation of construction documents, specifications, project manual and cost estimates for the drainage infrastructure improvements. Services include permitting assistance through Miami -Dade DERM Water Control. Bid Phase Services; During the bid phase, we will provide bid advertisement documents, respond to bidders' questions and attend pre -bid conference.' Prepare addenda to Bid Documents, if required, to clarify the requirements of the Bid Documents. Tabulate and evaluate bids received, check references of the responsible lowest bidder and make recommendation for award. 901 Ponce cle Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile, 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer - T'�T`^,v?:",*s -- City of South Miami W.O. Downtown Improvements - Phase III October 30, 2003 Page 2 TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional Services for Downtown Infrastructure Improvements. Our fees for the above services shall be as per the following lump sum fee schedule: Surveying & Testing Phase .................................................. $12,420 Final Design Phase ............................................................... $53,920 BidPhase ............................................................................ $ 3,510 $69,850 The City will provide printing and distribution of bid documents as well as bid advertisement. We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. Corzo Castella Carballo Thompson Salman, P.A. r, / P.E. Ramon C -st I 41- la, P Vice-President RC/er City of South Miami Approved by: Date: LAProjectskl 929-00\W.0-ProposaiskW.O.DwntwnimpPhaselliI 03003.doo Corzo Castella Carballo Thompson Salman, P.A. FEE WORKSHEET DATE: October 30, 2003 PROJECT: Downtown Improvements - Phase III City of South Miami Survey & Testing. Phase: Fee Worksheet - Page 1 Coordination & Verification 2 8 10 4 4 Bid Phase Sub -Total Hours Billing Rate Labor Cost 2 8 10 4 0 4 140 95 75 65 55 45 $280 $760 $750 $260 $0 $180 Total $2,230 Survey Sub - Consultant Geotechnical Sub- Consultant $8,900 $1,240 + $50 expenses $8,950 $1,240 Total $12,420 Survey & Testing Phase: Drama e Key Sheet 2 4 Typical Sections (1 sheet) 2 4 4 8 Plan & Profile Sheets (9 slits @ 1"=20') 8 48 80 80 140 Special Plan Details (2shts.) 2 8 16 6 24 Special Profiles (2 shts.) 4 12 24 8 Cross Sections (2 sheets : 2' 12 48 8 24 Notes, Details & Schedules (3 slits.) 4 12 4 4 General South Miami Coord. and Review Mtgs. 4' 4 4 Cost Estimates (50% and 100 %) 2 16 12 8 2 Project Specifications 2 121, 12 g Project Manual / Bid Forms 2` 6 12 6 Permitting: 9 Miami-Dade - Water Gontrol 2 4 8'— 2 Final Design Phase Sub-Total Hours 30 132 ' 232 122 192 22 Billing Rate 140 95 751 65 55 45 Labor Cost $41200' $121,5401 $17,400 $7,930 $10,560 $990 Labor Sub - Total $53,620 Reproduction Costs ( Sub mittals and Permitting Printing)', $300 Total $53,920 Bid Phase: Pre -bid Meeting 2 4 2 Contractor Inquiries and Addendum 2 4 2 2 2- Review Bid Proposals 2 4 2 Bid Tabulation 2 4 Recommendation for Award 2 ;' 2 2 Bid Phase Sub -Total Hours 6 16 10 2 0 6 Billing Rate 140: 95 75 65 55 45 Labor Cost $840 $1,520 $75-01— $130 1 1$0 $270 Total $3,510 L:\Clerical \1929- 00\W.O. Proposals\ FeeWorksheetDwntwnPhasell 1103003.xis AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES Between FORD, ARMENTEROS & MANUCY, INC. And C3TS Project: CITY OF SOUTH MIAMI — 01 -075 Based on our understanding of your requirements, Ford, Armenteros & Manucy, Inc., (FAM) is prepared to provide you with the fMowing scope of services: TASK #1 ROUTE SURVEY (RIGHT -OF -WAY) (357) SITE: City of South Miami — Central Business District (approximately 3,350 Uf) Under this task, FAM shall prepare aRoute Survey including the following information from within the public right -of -way. • Edge of pavement, curbs & gutters, sidewalks; and driveways. • Trees and landscaped areas in right-of-way, caliper and species of trees. • ` Utilities: water valves, drainage inlets, sanitary sewer manholes, water meter boxes, power poles, light poles, etc. Indicate sizes ofundergroundutilities • Fence lines, signposts, and other private improvements. • Aerial overhead lines: • Property lines / lot lines. • Right -of way centerlines and elevations. • Dimensions ofpertirent information • Pavement cuts and changes in pavement surfaces. • Survey 50 feet into side street. Also we are to provide elevations as follows: • At 25 feet on center, of centerline, edge of pavement, front of sidewalk, center of grass swale, back of sidewalk right-of-way line and 25 feet outside ofright -of -way line. • Utility pipe inverts where connected to manholes, inlets, or headwalls, • A drawing fide (Autc)CAD RI 4) will be provided along with a reproducible plot PROFESSIONAL FEES TASK #1 ............. ......................$8,900.00 fixed (plus expenses *) Fixed fee includes above work description & five copies of survey. * see last page 2 Client's Initials WORD NT IIStoragelstorage _21DocumentlFORD COMPANIESIProposalslSurveyinglPROPOSAL CITY OFSOUTHMIAMI- CM.doc It is our policy to complete our work in the most efficient and cost- effective manner. Please rest assured that we would utilize our best efforts on the client's behalf We are prepared, to proceed with the work described above. We request that you acknowledge acceptance of the proposal by signing the enclosed copy of this letter and returning it to us; at your earliest possible convenience. We appreciate the opportunity to submit our proposal and look forward to working with you on this project. THIS AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES" AND ATTACHED GENERAL CONDITIONS ARE HEREBY ACKNOVd-ED GE D AND Ac CE,1 PTED FORD, ARMENTEROS & MANUCY, INC. C3TS ZIP Edwin J. Authorized Representative Survey Department Director For the Firm Print Name Date: s 6Z& ` Date: 3 Client's Initials IIFORD_ NT_l IStoragelstorage _2lDocuinentlFORD COMPANIESI ProposalslSurveyinglPROPOSAL CITY OFSOUTHMIAMI- OTS.doc IF� PRICE QUO TA TZO N TO: Mr. Sean Compel, E.I. Date: October 22, 2003 Corzo, Castella, Carballo, Thompson, Salman, P.A. Telephone No.: 305 - 445 -2S'00 901 Ponce De Leon Blvd., Suite 900 Fax #: 305445 -0£ 69 Coral Gables, FL 33134 Project: South Miami Downtown Improvements SW 74" Street, South Miami, Florida PROPOSED SERVICES. 1.- Conduct Underground Utility Clearance 4 hours at $35.001ln'_ $140.00 2. Perform four (4) FDOT / SFW1b1D Type, Open Hole Constant Head Soil Permeability Tests. Four (4) Tests at $ 275.00/each. $1100.00 ESTIMATED TOTAL = $1240.00 PAYMENT TERMS To be invoiced After Completion of Work For Your convenience we accept MASTERCARD or VISA Prepared Sy: r Cv; is Fuentes field Services Coordinator I hereby authorize WJNGERTER LABORATORIES, INC. to proceed with above referenced' scope of work and agree to pay for these services as per the terms described above. Accepted By Date. Name: - Title• Signature: Page l of 2' .._....wrexxa c+exst+c.,rm, r. ..meet - �= '3�n'?Emerw' y:..• t;n}�,,.,.-� 10/24/03 FRI 12:45 FAX 3059491328 WINGERTER LABS,INC. U003 STANDARD TERMS AND CONDITIONS 1 _ Client agrees to pay the fees 1}sted ou the Professional Service Agx'ett =4 Pz uposal or Price Quota for services rendered_ . k1i Prices are based oo a normal scheduled work day during the hours of 7:06 am, to 5;00 pm. Overdwe rates will be charged at the rata of 1 V2 times the unit rate for testing conducted outside the normal workday, work on Saturday, Sundays and Ralidays til be charp i i at twicC the standard unit rate unless otherwise specifed 2. Charges writ be lavoiced m the month that the work is performed, Standard Terms ate net 30: days, unless it is CO-D. Clients in good standing will be offered a 2°/a discount if payout is received within ten. (10) days. All accauuts are to be paid in full wi film 30 days_ The Client agmes to pay a service charge of 1- 1(2ala per umnth (18% per auauru) ort all open balances over tbir y (30) d says old WlNGERTER FIABORr TORM, INC– (WLI) reserves the right to suspend or termiaate work cnderthis agreement upon -'dalme oL the Client to pay invoices as due_ If in outside collection. service audfor attorney fbes are required for obtaining payment of fees, client and endorser agree to pay all fees for additional services, 3. Client tivW not use or cause to be used any WYA reports, correspondence, ox reproductions thereof, for advertising. sales pi numotion, or other publicity purposes without prior written permission of WLI 'Client farther agrees not to volmi at ly present an f data or iufb mEation obtained from this investig4on as evidence in any dispute, litigation, or other administrative proceeding wid out prior viritten pexn ssioA from Wlu'L 4. In the event that ` U is requested. by Client or required by taw to testify or to provide discovery relates to its ,work on th is project (kcludaxg, without l zzxztaiion, testimony or discovery in connection with any deposWons, subpoena, of any subpoena. duce; tecunz), Client shall. pay the charges incurred by WLI in connection therewith (mcludln& without 1ha tatian, staff time charges and v a sonable attvzrtey`s fees). Client shall incur all associated casts for subpaeaaed deposition times when no Payment is sc:c�red from apposing artomeys suet as assisting witaL, -.s or mformation see =g testamony. Client shall hold harmless and imda=ifyr WLI and it t officers and employees from and agast any 'claims which arise out of or are conuccted with the above descubed' pro )ect S. Test samples tined by WJJ in the conduct of this project will be retained. thirty (30) days aft= WJJ submits k report . Wtr tins period, they wfl1 he discarded unless other arrang ents are requested by the Client. Storage char.- s will, be invoiced for nass!xi retained beyond thirty (30) days. If the Client requests that the malcrials be retarned, sWpmez;t wM be made C. O. D. E aznnious materials will be disposed of at Clients sole expense mud responsibility. G. Meld work will be performed only ander safe conditions_ Charges may be made by WU for safely or security Measures V,47=- ,47 feed by hazardous gain conditions and for measures to conform with all mgalatory, statutory, or other tegal requirerueuts. WLI <win not assume responsibility far dame to underground utilities, septic taulz or other und=;cound sttuctures which may result frar i dig activities or mobilizztion of the tEuck wovhted equlpmeatz if not identifled to us p4oc to, mobilization to the sim 7_ Client may teaxdrurae the project at any tune upon thirty (30) days written notice by WTI: Client shall pay charges for work completed by WLI through date of terzubudon. S. WU will exercise reasonable skiIl and judgsuent, normaily,e arc C1 by testing laboratories performing SID117 lr professional services- WLI is not s guarantor of the project to which its services are directed, and its responsibility is Iimited to 'rtrorlc spat is ally performed for rize Client. WL shall not be responsible forscts or omissions of the Client, nor third parties not corder control ( f'WLL 9. WLX stall not be hi default because of any failure to perffirm this agreement under its terms if the failure arises from came; beyond the control and without the fault or negligence of WLL Z:camples of these causes. are I) acts of nature, 2) fires, 3) tic ions, 4) earthquakes 5)' equipment failure: 6) strikes, 7) freight embargoes, and 8) severe weather_ y '�'7�YG�RT3✓�G Lmac�r.a Tarr.caTSaFG :P ,r TO: Honorable Mayor, Vice Mayor DATE: November 18 2003 and City Commission FROM: Maria V. Davis l ITEM NO. /D City Manager RE: Approval Special Event The Miami Herald Total Health Fair 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 THE MIAMI HERALD FOR A TOTAL HEALTH FAIR EVENT THAT WOULD BE HELD ON SUNDAY, JANUARY 18, 2004, LOCATED ON SW 72 STREET (SUNSET DRIVE) BETWEEN SW 58TH COURT AND SW 57TH AVENUE (RED ROAD); 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. The Miami Herald would like to close down Sunset Drive for a health fair event. This event will provide a variety of free health care and incentives, live entertainment, a cooking station with a renowned personality, exercise` techniques, and community outreach program through various police and firefighters providing various demonstrations in the area of safety for the entire family and South Miami community. Team Footworks located in the City of South Miami will also be participating with the Miami Herald by holding a 5k Run/Walk to promote health and fitness. The following costs will be covered by the applicant: Meters: 15 X $ 48 = $ 720.00 Barricades: 145 barricades = $ 150.00 (Flat fee due to weekend event) Police: Estimated Cost $ 2,229,50 16 Supervisor hours 65 Officer hours Cost for extra -duty supervisor $35.00 per hour Cost for extra -duty officer $25.50 per hour One time radio fee S 3.00 ner day ner radio (4 radios) Street Closure: SW 59 Avenue from SW 72 Street to SW 73 Street 14,255 square feet X .05 Per'sq feet - $3,252.00 Public Works Estimated Cost $ 900.00 1 Supervisor plus 4 employees @ $20.00 per hour for approximate nine (9) hour day. Total Estimated Cost: $ 7,251.50 RECOMMENDATION Approval is recommended. Street closure fee is being assessed, along with police, meters, barricades, and clean up charges will be paid by the applicant. Attachment: Resolution No. (27- 03- 11576) Application MVD/MSTBR Canrtd .n Spe dFWIdMi HaddOwl&Bvad Od 9 { �`T,� -;r, .� -_.r. .,- ,--.; z °:�,`_c•, �,,-{°s�,' -�"r,; 'M"F .ry ;.ems _ z ., ..sa; , :. e°* '„ e: i^ ?..-" �+ iST'„, ", ,'°"'-„ T' �^', �`,.. -"�'-^",a��a,�.,..'r��z%�':" ,- TF _ ;"',�':^ "1?,°waa�,,'ja'�"',. -,? I Resolution No. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A 5 SPECIAL EVENT PROVIDED BY THE MIAMI HERALD FOR A TOTAL HEALTH 6 FAIR EVENT THAT WOULD BE HELD ON SUNDAY, JANUARY 18, 2004, 7 LOCATED ON SW 72 STREET (SUNSET DRIVE) BETWEEN SW 58.. COURT AND 8 SW 57TH AVENUE (RED ROAD); PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, The City of South Miami City Commission on February 18, 2003, 11 adopted a Resolution (No. 27- 03- 11576), providing guidelines for Special Events;; and 12 13 WHEREAS, The Miami Herald has requested the closure of Sunset Drive for a Health 14 Fair; and 15 16 WHEREAS, This event will provide a variety of free health care products and 17 incentives, live entertainment, a cooking station with a renown personality, exercise 18 techniques, and community outreach programs through various police and firefighters 19 providing various demonstrations in the area of safety for the entire 'family and South 20 Miami community; and 21 22 WHEREAS, Team Footworks who has a store in the City of South Miami will also 23 participate with the Miami Herald by holding a 5k Run/Walk to promote health and fitness; 24 and 25 26 WHEREAS, Cost of street closure, police, public works and City meters will be 27 assessed to the applicant. 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI,` FLORIDA: 31 32 Section 1. The City Manager is hereby authorized to approve The Miami 33 Herald Total Health Fair event to be held on January 18th 2004 in 34 the City of South Miami, and will request the closing of SW 72 35 Street (Sunset Drive) between and SW 58TH Court and SW 57TH Avenue 36 (Red Road). 37 38 Section 2. This resolution shall take effect immediately upon 39 approval. 40 41 PASSED AND ADOPTED this day of November,' 2003. 42 43 ATTEST: APPROVED: 44 45 CITY CLERK MAYOR 46 47 READ AND APPROVED AS TO FORM: Commission Vote: 48 Mayor Feliu: 49 Vice Mayor Russell: 50 CITY ATTORNEY Commissioner Bethel: 51 3peeielEVa¢MMHe:eldRew 2003 Commissioner Wiscombe: 52 Commissioner McCrea: Application for the purpose of conducting a Special Event in the City of South Miand shall be filed in the City Manager's Office, not less than twenty -ape (21) days _prior to the effective date together with all the requirements Name of Organization Telephone (Office) ee —(Home) Address of Organization ZA F -2, Name of Principal Officers and/or manager of Organization: President &,PAO Al Secretary 16 (JC_ v 41 Al — , ',,A 4 A Address tl,\"; Address r I Office Phone (,a - q- 7,F -1) Office Phone E-mail Address E-mail Address Briefly describe event and purpose- A/ Location of Event: (Name Streets/City Park) .102 k3 r- C Q Pfb Alh AO)L> C"K_T (A rental fee will be apvlicable if a City Parkas being utilized. Reservations are made ➢ The proposed date(s) and hours of operation: Set-up dates and times VA KV 1 0 Clean-up completed by /,r,2 4 N -T60 LI A A_�11 L) Time of Actual Event: From: I D (&tm) To: South Miami City of South Miami F I o r i d a 6130 Sunset Drive., South Miami, Florida 33143 AM"taft R 30-5-663-6338 SPECIAL EVENT PERMIT APPLICATION Application for the purpose of conducting a Special Event in the City of South Miand shall be filed in the City Manager's Office, not less than twenty -ape (21) days _prior to the effective date together with all the requirements Name of Organization Telephone (Office) ee —(Home) Address of Organization ZA F -2, Name of Principal Officers and/or manager of Organization: President &,PAO Al Secretary 16 (JC_ v 41 Al — , ',,A 4 A Address tl,\"; Address r I Office Phone (,a - q- 7,F -1) Office Phone E-mail Address E-mail Address Briefly describe event and purpose- A/ Location of Event: (Name Streets/City Park) .102 k3 r- C Q Pfb Alh AO)L> C"K_T (A rental fee will be apvlicable if a City Parkas being utilized. Reservations are made ➢ The proposed date(s) and hours of operation: Set-up dates and times VA KV 1 0 Clean-up completed by /,r,2 4 N -T60 LI A A_�11 L) Time of Actual Event: From: I D (&tm) To: Page # 2 To what extent, if any, would the City benefit: C' s' 05 y ` i I ►2 f t�Mcl r s i T 4 r, VAS n�? � 1� cr l` 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 Phone Aty"JG Ac4n N / t�r� �4�� l�ft1 30,5'- 5' 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: Name Address Phone ` J,Ak ,� 6LE&II �1. ., c� A.rr� 3OL 3Z- q 779 The following firm(s) will be utilized to promote this event: Name t Address Phone (1�.1tlt 5�8� 4 c6s C^ /7// 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 marking agents 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 devices 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 pj lic property or public streets within the CiV of South Miami must receive prior approval by resolution from the - South Miami Cites Commission. . The resolution must include the estimated _.- a- J.-- b.........:A 4- 4.1..- 0.4— � ,..:,11 0:4..,tee: "1 /l'(�i1zr,avran�il�wae ✓ 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. 4.* 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 1 day usage is approximately $75.00. ❖ Approximate dollar(s) for Police Officers: Onetime radio fee: Extra' d1q pay for Supervisor is $35.00 per hour. Extra duty pay for Officer is $25.50 per hour. $3.00 per officer, per day, per radio ❖ Cost of Meters: $15.00 per day, per meter. FUMT Page 4 ❖ 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 City For Grant Recipients: Payment of these charges could be deducted from the designated ant amount approved by the City. Public liability insurance coverage certificate naming the City of South Miami as an additional insured for the time, date, mace and name of the event, in the amount of $1,000,000 is required prior to the event! Signed: Name Title 0 C D Address I �E/ l fIr ?A Phone A�-.,3 � - �IV S �`MI-11� t 331.3a Subscribed and sworn to before me, this _ day of 5200 Notary Public State Florida at Large Application Fee: $00. . Received by Date �1 . (0,0 3 Time pC, 04 ° REVIEW BY CITY OF SOUTH MM MII 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 'DW rtment Authorized Signature Recreation Department Authorized Signature avPi rATION ea spedW E-d 003 Authorized Signature APPROVAL BY CITY MANAGER Date NOOV► -10 -2003 15:53! AON RISK SERVICES P.02iO3 � AV�sr. >' R�6.. DATE (MM /DD YY) L p ,l. n�' ,F' is ,' 11/10/03 PRODUCER Aon Risk Services, Inc of F1 on da THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 1001 Bri ckell Bay Drive AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Suite 1100 CERTIFICATE DOZES NOT AMEND, (EXTEND OR ALTtR THE Miami FL 33131 uSA COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE- 305 372 -9950 PAx• 30S 372 -14SS INSURERS AFFORDING COVERAGE INSURSD INSURRRA: Travelers indemnity co_ Of IL Miami Herald Publishing CO, Knight Ridder INSURER 8: one Herald Plaza Miami FL 33132 USA INSURSRC> INSURER D INSURER I! MEMO 3 as THE POLICMS'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE jNSURM NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANDING ANY REQUiRKMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CFR71FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERM 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAV r BEEN REDUCED BY PAID CLAIMS. RYSR 1LiR 71'PE OF INSURANCE POLICY NUMBIR POLICY EFFWnV1 POLICY EXPIRATION DATRMMI%VjYY) DATE(MMOSKYY) LIMITS A GENERALLiARILrrV TCZJGLSA231TSS2903 01101/03° 01/01104 EACH.00CU8RINC8 52,AD0,000 X COMMERCIAL GENERAL LIABiLITr f IRE DAMIAGE(wnv one file) $2,000.000 CLAIMS MADE I OCCIM MRD I? KIP (ARV one M"n► PERSONAL A ADV INJURY 52,000,000 GENERAL AGMGATIS S10,0DO,000 GsN7, AGGREGATE LIMIT APPLIES PER. PRO, PRODUCTS - COMP/OP A00 POLICY El ❑ LOC 52,000,000 Jscr A AUTOMOBILE LIABILITY TC23CAP23IT212103 -ADS 01/01/03 01/01/04 COMBINED SINGLE LIMIT A TCZECAP122DOS1101 -TX 01/01/03 01/01/04 X ANY AUTO (lbw6d+n) $5.000,000 ALL OWNED AUTOS BODILY INJURY SCHBDULID AUTOS ( Por Vim„) X HIRM AUTOS BODILY tN1URY' X NON OWNED AUTOS (Per+ccldeel) PIIOPERTY DAMAGE (Paaeiderit) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT ANY AUTO '. . - - OTtMR THAN EA ACC AUTO ONLY. AGG EXCESS. LIABILITY' - EACIi!OCCURRENCE OCCVR ❑ CLAIMS mAD6 ACGR24ATE DEDUCTIBLE R TZNT10N A WORKERS TC2JUB 047028803 -A0 A NS 01/01/03 Ol 01/04 X G STwTV- 0771. EM]ILOYERS'UAwLn -v TRJUB151TA97303- AZ,MIt,WI 01/01/03 01/01/04 E.1- EACH ACCI— 51, 000, 000 E.L. DISEASB- POLICY LIMIT S 1, 000, 000 E L. DISEASE-RA EMPL0YEr, $1,000.000 OTHER DBSCIiPTION OF OPERATIONS4LW .ATIONSIVEHICL"XCLUSIONS ADDED BY ENOORSSMENNSMC1AL PROVISIONS Re: Total Health - January 18, 2004, Day Health Event Help On Sunset Drive at City of South Miami with stages. speakers. & demonstrations. The city of south Miami and unipro Group are named Additional Insureds" with respect to liability arising out of SHOVLDANYIIF THE AIiOV633ESCRIBBD P011CIfi598 CANCELLED RBPORP 7118 ION Cl t6 Ot South Miami DATE THEAPOP, THE ISSUING COMPANY wiLL ENDEAVOR TO 'MATE Sunset 613U Sunset Drive 30 DAYS wR1TTEN NOTICE TO THE CERTtf1CATB HOLDER NAM®D TO THB LBAr, South Mi aeti FL 33143 USA RUT FAILURE TO DO 50 SHALLIMJPOSB NDOBUOAT)ON OR LIABILITY OP ANYXiNDUPOI� THfi COMFANV, ITS AGRN?S OR RBPRPSBNTATIVBS. AUTHOw7,ED RSPRESENTATiVE �,�,r,y- /��„ CorliF I Cafe Nn! G7nnn7RF,nSiq. Finl.iPr Te1PR/7fPr.: Nov 07 03 08:21p marketing 3059958172 p.2 ghcalamif, firato www.herdd.com wwwetherAd.com 11/10/04 Maria Davis City Manager City of South Miami 6130 Sunset Drive South Miami, FL, 33143 The Honorable Ms. Davis: The Miami Herald's third annual "TotalHealth" event is a day for the whole family that will provide South Floridians and your community with infori-nation on a wide -range of health, fitness and medical topics. It will take place between 10 a.m. and 5 p.m., Sunday, January 18, 2004. The proposed site is Sunset Drive, between 57th Avenue and 58th Court. As we did last year, there will be free screenings, healthy cooking demonstrations, and a focus on "Fit Kid" activities for children, run by Radio Disney. This year, we are happy to announce a partnership with one of your merchants, Team FootWorks. A Fun Run will be held on the morning of the event, and proceeds will benefit a charitable organization. We are in talks with Dan Marino's Foundation to have them be the recipient of these proceeds. We are also working with Celeste Restaurant, to provide a VIP area for our speakers. We have offered the merchants open on that day a free listing in the special section, which will run in The Miami Herald and El Nuevo Herald the Sunday prior to the event, and will be the official show guide on -site. Based on our attendee survey, ratings about the South Miami location and convenience of parking around the event site were at an 87% strong approval rating. As a result, the respondents rated 90% that they would return to the event the following year. We would also like to request a waiver for the street closure fee. This is a new fee that adds additional cost to our budget. We hope the city will consider this request. We are thrilled at the prospect of having the City of South Miami and The Miami Herald work together once again. Thank you for your consideration and we hope that you will find in favor of this great community event once more. - Sincerely, Anne'Caron Project Manager The Miami Herald — Herald Events w, u CASH ..� CASH RECEIPT CHECK NO. DATE: II 11t) /w City of South .Miami +A&d n oz-- 7z FUND"' C 1v- cm T NO RECEIVED► OF QUM /DESCRIPTION ! R;Q 7 RV 7 J_6,4g� �yl-/ M ",teeAl r AMOUNT �Ql PLEASE MAKE ALL CHECKS PAYABLE TO:, "CITY OF SOUTH MIAMI" VALID ONLY WHENDEARING OFFICIAL REGISTER VALIDATION CASHIER Event Facts at a Glance Location: Sunset Drive, South Miami Date: Sunday, January 18, 2004 Time: 10 A.M. - 5:00 P.M. Expected Attendance: Over 10,000 people- Admission: Free Presented by: The Miami Herald & El Nuevo Herald Previous Keynote Speakers: -Katie Couric -Don Shula •Marilu Henner *Alan Thicke -Kathleen Daelemans Event Highlights -Outdoor stages for entertainment & demonstrations -interactive roundtable sessions -Health screenings with medical experts *Fitness & cooking classes *Hispanic Pavilion *Interactive Kids Area Several marketing tools will be used to promote TotalHealth 2004. Advertising The Miami Herald Salsa 98 El Nuevo Herald Amor 107.5 StreetMiami Radio Mambi 710 Am WFOR CBS 4 WQBA 1140 AM Univision Radio Disney Total Health Special Section Lite 101.5 FM Special Section The Total Health special section will publish in The Miami Herald and El Nuevo Herald, the Sunday prior to the event with a circulation of approximately 1.4 million. The special section will also serve as the official` program guide and will be distributed in the attendee bags. Press Releases Press releases will be sent out for TotalHealth event. The objective is to create awareness of TotalHealth and to maximize publicity for The Miami Herald and its sponsors. Editorial Coverage In years past, The Miami Herald and El Nuevo Herald, and newsletters from health organizations, featured articles and event information on TotalHealth. We expect to receive similar recognition for TotalHealth 2004. Additionally, we had several radio and television interviews with previous speakers. - Online promotion Miami.com, The Herald's English and Spanish websites, will produce banner ads. Miami.com receives over 1.3 unique visitors. TotalHealth online was available at www.totalhealthevent.com and enables attendees, sponsors, and media the opportunity to look at the schedule of panels and stage activities, as well as sponsorship benefits. <: � W "�° �t�` . �^`cz , Advertising, Promotion &More Several marketing tools will be used to promote TotalHealth 2004. Advertising The Miami Herald Salsa 98 El Nuevo Herald Amor 107.5 StreetMiami Radio Mambi 710 Am WFOR CBS 4 WQBA 1140 AM Univision Radio Disney Total Health Special Section Lite 101.5 FM Special Section The Total Health special section will publish in The Miami Herald and El Nuevo Herald, the Sunday prior to the event with a circulation of approximately 1.4 million. The special section will also serve as the official` program guide and will be distributed in the attendee bags. Press Releases Press releases will be sent out for TotalHealth event. The objective is to create awareness of TotalHealth and to maximize publicity for The Miami Herald and its sponsors. Editorial Coverage In years past, The Miami Herald and El Nuevo Herald, and newsletters from health organizations, featured articles and event information on TotalHealth. We expect to receive similar recognition for TotalHealth 2004. Additionally, we had several radio and television interviews with previous speakers. - Online promotion Miami.com, The Herald's English and Spanish websites, will produce banner ads. Miami.com receives over 1.3 unique visitors. TotalHealth online was available at www.totalhealthevent.com and enables attendees, sponsors, and media the opportunity to look at the schedule of panels and stage activities, as well as sponsorship benefits. <: � W "�° �t�` . �^`cz , Previous Topics General Market • Dispelling the Myths of Incontinence • Hormone Replacement Therapoy • Heart Attacks • Hooked on Drugs: Chemical'de dependency in adults and teens • Men's Health issues • Women an dConception • Preventing Heart Disease • Holistic Medicine • The Latest Trends in Plastic Surgery • The Diabetes Epidemic • The Future of Orthopedic Medicine • Advances in Cancer Research & Treatment • Embracing Menopause • World AIDS Day • Alzheimer's Disease & the effects on Caregivers • Outsmarking cancer • The Ins and Outs of Health Insurance • New Cholesterol Guidelines and Cardiac Prevention • Training Techniques • Balancing your Spiritual, Emotional and Physical Sides • Alternative Methods for Healthy Life • Diabetes and Children' • Keeping Your Child Safe • Your Kids and Drugs • Kids and STDs • Having a Healthy Baby • Children: and Testing Spanish • Como Vencer el Cancer Cervical y de Seno • Venciendo la Infertilidad • Obesidad y Nutricion • Lo que Necesita`Saber Sobre Planes Medicos de Seguro • EI Colesterol y Su Salud •La Paradoja de la Depresion • Cancer: Tratamiento y lnvestigacion • Estrategias en Diabetes • Reacciones Despues del;lncidente Traumatico ';°.=.':,. -,- a €F1�F'uRM Previous Sponsors & Exhibitors Sponsors: Booth _Sponsors: Mount Sinai Medical Center & • Baja Fresh Mexican Grill Miami Heart Institute • Filter Club of America • Kendall Regional Medical Center • Florida Department of Health • South Miami Hospital • OleoMed • Coca Cola/Dasani, Publix • Page Chiropractic Life Center • Total Body Scan • Sery All Chiropractic • Cottonelle • Smoothy King of South Miami Crest Healthy Smiles" • Family Chiropractic Healthcare • Humana • Alliance for Aging Total Body Scan • Like Night & Day Spa • Crest • Quan Yin Meidcal Center • Humana • Sylvan Learning Center Diet Kit 123 • University of Miami CPRC • Lactaid • Dr. Maritza Fuentes • Balanced Body Miami • Pharmed •Dallas taichi Society • General Nutrition Centers • DermaWorld • 413eauty Esthetic Institute • Prana Yoga Center • South Miami'Fitness • Mack Cycle • The Vein Clinic Partners: • VRC Longevity LLC • Sears • American Diabetes • Atlantic Dental • Williams- Sonoma •Miami Dade Public Schools • Trattoria Sole • A Safe Haven • The Biltmo're • Body Balancing Herbs • First National Bank of South Miami • Nirvana Spa • Barnes & Nobles • Worldcom Wireless • CDC / Folic Acid • Laser Eye Center of Miami • Life Imaging • B'iltmore Fitness Center • Cardiovascular Associates • Sanchelima • Home Instead Senior Care • Keystone Wellness • Internal Medicine Associates • The Heat RESOLUTION NO. 27-03-11576 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO , 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 MIAMI, FLORIDA, AS FOLLOWS: Section 1. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must reimburse the City for all City revenue loses, and City expenditures associated with the approved special event. Section 2. All organizations sponsoring special events using public property or public streets within the City of South Miami must receive approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event.. Section 3. The resolution described in Section 2 above may also specify an additional monetary contribution to be made by the organization to the City; the resolution shall specify as how the additional monetary ' contribution is to be used by the City. Section 4. All organizations sponsoring an approved special event which closes a public street within the City of South Miami, must provide in advance, a petition signed by a majority of businesses facing the street affected by the approved special event. Section 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. .7- 03- 11576 (2) Section b. All organIZal1V115 sjwt»UIII% ar pivvv� a1,..... - -b t r--r- v -- r_____ streets within the City of South Miami which have been allocated monetary grants in the adopted City Budges, should pay for the required reimbursement from the designated monetary grant. Section 7. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 18th day of February , 2003. ATTEST: APPROVED; t 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 W15,72FIF7, RE M South Miami T City of South Miami F l o r i d a :r 6130 Sunset .Drive, f y' South Miami, Florida 33143 Aar -A=dGa 0141 Y 305- 663 -6338 r� f` 2. 7 f SPECIAL EVENT PERMIT APPLICATION 2001 I Application for the purpose of conducting a Special Event in the City of South Miand shall be sled in the City Manager's Office, not less than twenty -one (21) days prior to the effective date f I together with all the requirements. _ I Name of Organization / "mil AST DV S Telephone c, Co (o f2 - 7 Z 2 3 (Office) ©S• 6& 7 -13 2. , (Home) Address of Organization \ 7 24 S,SUAW i ,mil 06' i Name of Principal Officers and/or manager of Organization: 1 President ` t ys dvjvaZ S ecretary ROC77 !" 67a'A)1 j Address _terns AAQV r Address AAW5 Office Phone K ci Office Phone E -mail Address E -mail Address Briefly describe event and purpose: t JAL-¢5 Iry /0/2ZM0 g Location of Event: (Name Streets /City Park) so -"7 A ✓s S�.J 7,9- S% s iacfts� M ➢ (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: Set -up dates and times / •/8 •o / & :o ode Clean-up completed by I • .' 8 1 D * // : vo a Time of Actual Event: From: $ --3 o oum (Odpm) To: q : 3 o awe (dWpm) ,. _ `^r' wig,. T".' T''3- :��r.•- F•�r�3^r=a- � -,—."+ °,m-- ar:-•.a„� --� _ xs--- �.�-',:,re-m ,�-'��^sY'°- �, :, ..._,:,.��^.h'�^: -i: w':,3° Page # 2 To what extent, if any, would the City benefit: yl � Q WA I-& -J .S (DA)B- Ojr7-11C g'VpJ7Z J-JjrLA rgnz. ;6�z_ i9w Please give any additional information deemed pertinent to this application: The following person(s) will be in direct charge of the conductingthe activities: Name Ir Address h 'm AOCS, It CC 7& d-S 75 7 /c ddb 2 7#61 (0) 7R6 jal 744S 7 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: Name Address Phone 11Z The following firm(s) will be utilized to promote this event: Name Address Phone Approximate number of Participants Jo o Spectators -10 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 marking ag nts must be removed immediately after the completion of the event. Please initial \ L 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 evices 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 The adopted resolution may also specify an additional monetaa 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. 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 (ILday usage is approximately $75.00. ❖ Approximate dollar(s) for Police Officers: Extra duty pay for Supervisor is $35.00 per hour. Extra dutypav for Officer is $25.50 per hour. ❖ One time radio fee: $3.00 per officer, per day, per radio ❖ 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 •3 Banner fee: $75.00 (This fee does not include the placement of the banner). •3 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 designated grant amount approved by the City. ➢ Public liability .insurance coverage certificate naming the City of South Miami as an additional insured for the time, date, place and name of the event, in the amount of $1,000,000 is required prior to the event! Signed: N �, s4 b Title Q, 01 Address S71 L Phone 30S 664>7 L Q Subscribed and sw befo e,4tis day of /jet/ 00 aP P4�, Michael Yap Notary Public State, lorid at Large My Commission DD223315 orr�° Expires August 05, 2007 Application Fee: $60.00 Received by Date Time REVIEW BY CITY OF SOUTH MIAMI 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). Qy of South Miami Police Department Public Works Department Authorized Signature Authorized Signature Recreation Department APPROVAL BY CITY MANAGER Date Authorized Signature APPLICATION fm Special Event 71g3 SUNSET. DRIVE m -M w fl- ❑ e O cc w CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: November 18, 2003 Davis Re: Agenda Item # From: Maria. S L g City Manager Commission Meeting 11 /18/03 AS400 Printer RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION OF EQUIPMENT, AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW PRINTER FROM IR DATALINK CORPORATION IN THE AMOUNT OF $6,692.00 AND CHARGING THE DISBURSEMENT` TO ACCOUNT NUMBER 001- 1340 - 513 -6430 AND 001- 1410 -513 -6430 "OPERATING EQUIPMENT ". BACKGROUND & ANALYSIS The 'resolution before you for approval relates to acquisition of a wide - carriage, heavy- duty IBM 6400 line matrix printer for use in our AS 400 computer network system. This printer will replace the one located in the Finance Department that is being shared by all departments connected to the network system, which was purchased seven years ago and has been subject to frequent breakdowns and poor performance due to aging. The MIS Manager has evaluated different wide- carriage printers in the market and is recommending the purchase of the IBM 6400 printer because of its durability and compatibility with our network system. The best quoted price of $6,692.00 includes the cost of the actual printer along with Ethernet connection, and one year extended warranty, which was obtained from IR Datalink Corporation. The other two quotes of $7,321.00 and $7,857.99 were obtained from Computer Products Corporation and Super Warehouse respectively. The Finance Department's budget account number 001- 1410 -59 -6430 titled "Operating Equipment" with a current balance of $3,500.00 will be charged $3,500.00 of the printer value and the remaining` balance of $3,192.00 will be charged to 001 - 1340- 513- 6430, which has a balance of $30,000.00. RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ACQUISITION OF EQUIPMENT, AUTHORIZING THE CITY 6 MANAGER TO PURCHASE A NEW PRINTER FROM IR DATALINK 7 CORPORATION IN THE AMOUNT OF $6,692.00 AND CHARGING 8- THE DISBURSEMENT TO ACCOUNT NUMBER 001- 1340 -513 -6430 , 9 ' AND 001 - 1410 -513 -6430 "OPERATING EQUIPMENT ". 10 11 WHEREAS, the Finance Department and other departments connected to the City 12 AS 400 computer system share one network wide- carriage printer for their day to day 13 operation; and 14 15 WHEREAS, the current printer used in the department was purchased seven years 16 ago; and has been subject to frequent breakdown and poor performance due to aging; and 17 18 WHEREAS, the City has been able to obtain government bid price from IR 19 Datalink Corp. to purchase a 'replacement printer as 'demonstrated in the attached 20 document. 21 22 NOW THEREFORE BE IT- RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 24 25 Section 1. That the City Manager is hereby authorized to disburse the sum 26 A6,692.00 to IR Datalink Corp. for the purchase of a new heavy -duty wide - carriage 27 IBM 6400 line matrix printer for the City computer network system. 28 29 Section 2. That this resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED this day of , 2003. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 Commission Vote: 39 READ AND APPROVED AS TO FORM: Mayor Feiiu: 40 Vice Mayor Russell: 41 Commissioner McCrea: 42 CITY ATTORNEY' Commissioner Bethel: 43 Commissioner Wiscombe: 44 Additions shown by underlining and deletions shown by ever-strik-i rg: Nov- 7 -03 FR I 1 4: 1'9 a P.01 _1..DataLink00RR AM —Noss] lop 'Par#ner Peripherals* Systems $ Communications 58- Newtown- Richboro Road • Richboro, PA 18954 215 -953 -2024 + 1.600-782-9376 + FAX: 215.953- 5212 www.irdatalink.com + E-mail: sales 01rdatalink.com AFFIRMATIVE ` AXIS November 7, 2003 • BOS C.7, Reyes Clf City of South Miami COMF'SEE Via Fax: (305) 6664591 • Pages: 1 DATAMAX DECISION DATA Subjcot iBM 6400410 Printer • ELTRON EPSON • GENICOM • HEWLETT PACKARD 1 -0 2 Description Unit Price Extension 1 IBM 6400 410 - Quietilzed.Cabinet New, 90 warm $5,330 $5,330 1 Ethernet 101100BaseT $463 $40 1, i Yeas Extcn& -d Warran �. $899 $899 ISM . 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(D H y N O O W N Qty Park# Manufacturer Description Price Ext Price 1 6400 -HO IBM 1000 LPM CABINET PRINTER ' $5,996.00 $5,996.00 1 6400- 4177 '' IBM 10/100MB ETHERNET NIC $521.00 $521.00 1 31L2638 ibm 1 YEAR EXTEDED WARRANTY $804.00 $804.00 City of South Miami THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF THE ABOVE LISTED COMPANY, HEREBY APPROVES PURCHASE OF THE ITEMS LISTED ABOVE, AT PRICES AND TERMS SET FORTH HEREIN AND ATTACHED. Subtotal $7,321.00 Freight Total $7,321,00 SIGNED TITLE - DATE THE ACCOMPANYING TERMS AND CONDITIONS ARE AN INTEGRAL PART OF THIS PROPOSAL. BY SIGNING THIS PROPOSAL, THE PURCHASER IS BOUND BY iTS TERMS AND CONDITIONS. IF THE TERMS AND CONDITIONS ARE NOT PRESENT WITH THIS PROPOSAL, IMMEDIATELY OBTAIN A COPY FROM YOUR SALES REPRESENTATIVE. I IBM 6400 line matrix family: data sheet Page 1 of 2 Home I Products & services Support & downloads My account Select a country Printers Printing systems IBM 6400 line matrix family Solutions _ Slectio Printers Overview I Features and benefits Data sheet suppes AlnU Models 105, i5P, 110, UP, i15 , i2s details-1—Model 124 details 1-80 Software............ ................. ...... ....... .............. .. .......... ............... Wctrl Professional services , KB) Supplies and paper Data sheet (153 Detailed.technical. specifications: i05, i'5P,.J1Q.., HIP, i.,15 (US) Related i How to buy DetailedJechni.cal specifications: i2ls (US) i Compa printers Support and maintenance - •.• "••• • "•" Infoprint 6400 Line Matrix Printers at a glance Printer '. Service Direct Maximum Print speed (Ipm)l utility News and events Literature Mode 12 i05/i5P ilo/ilp US its Financi Fast draft mode 500 1000 1500 2000 Soitition Related Links: DP mode 375 750 1125 1500 0 Wareho NLQ mode 200 400 600 842 distribut Warranty info Acoustics 50 dBA/ 50 dBA/ 52 dBA 55 dBA Business Partner and 62 dBA 66 dBA General reseller assistance Provide feedback Print options Vertical spacing 3, 4, 6 or 6 lines per inch, or as selected by host Horizontal spacing 10, 12, 13.3, 15, 16.7, 18 or 20 characters per inch Paper specifications Continuous form width: 3" to 17" (7.6 cm to 43.2 cm) with tear strips Continuous form length: 3" to 24" (7.6 cm to 61 cm) Horizontal and vertical fine-scale forms adjustments One- to six-part forms Dual-position lid on pedestal to allow quick access to forms Printer emulations Standard Epson FX 1050; IBM Proprinter@ III XL; Printronix P-Series and P-Series XQ Variant; Printronix Serial Matrix Optional Twinaxial IPDS: IBM 4234-008, 4234-012; Twinaxial non- IPDS: IBM 4234-002, 5225-001 or 5225-004; Coaxial IPDS: IBM 4234-007, 4234-011; Coaxial non-IPDS: IBM 4234-001 or 3287-00; ANSI 3.64; Telnet 3270/5250 Optional graphics features Code V, IGP and IBM IPDS Physical characteristics i5p/ilp 105/i10/i15/i2s i2s w/Stacker Width 24.6" (62.5 cm) 27" (68.6 cm) 27" (68.6 cm) Depth 20.7" (52.6 cm) 29" (73.7 cm) 32.8" (83 cm) Height 35" (88.9 cm) 42.5" (108 cm) 42.5" (108 cm) Weight 120 lbs. 225 lbs. 237 lbs.(108.kg) (54.4 kg) (102 kg) http://204.146.27.1 10/intemet/wwsites.nsf/vwwebpublished/6400data—ww 11/6/03 IBM 6400 line matrix family: data sheet Page 2 of 2 Interfaces RS- 232/RS -422, IEEE 1284 /Centronics Parallel, Coax /Twinax (SCS /IPDS),10 /100BaseT Ethernet ( ASCII /IPDS) Auto Switching, Wireless Ethernet Power Requirements — 100/120/220/240 / AC nominal, 50/60 Hz Power Consumption —268 watts maximum ECMA 132 (its at 220 VAC. For all other, models, watts - ENERGY STAR® compliant Environmental conditions Operational limit: Relative Humidity 15% to 80% RH Temperature 500 to 104 0F (100 to 40° C) Supplies3 —All Purpose Ribbon: 20M characters. All Purpose Ribbon: 30M characters 'Exact speed varies depending on document complexity, system configuration, software application, driver and printer state. 2For certain report or listing applications, IBM offers a specialized Model 124 which is capable of printing up to 2400 fpm. 3Actual ribbon life is dependent upon many factors, Including printer condition, machine settings, paper quality and bar code requirements. Gr-) Copyright IBM Corporation 2003 IBM Printing Systems Dept. HT7/002N P.O, Box 1900 Boulder, CO 80341 -9191 Published in the United States of America 08 -0a All Rights Reserved IBM and IPDS are trademarks or registered traderarks of International Business Machines Corporation in the United States, other countries, or both. ENERGY STAR. is a U.S. registered mark. The ENERGY STAR ernblem does not represent EPA endorsement of any product or service. Other company, product and service names may be trade €:narks or set-vice marks of others. References in this publication to IBM products or services do not imply that IBM intends to make them available in all countries in which IBM operates. IBM hardware products are manufactured from new parts, or new and used parts. In some cases, the hardware product may not be new and may have been previously installed. Regardless, our warranty terms apply. G544- 5283 -08 About IBM Privacy ( Tereus of use I Contact http://204.146.27.1I0/ internet / wwsites .nsf /vwwebpublished /6400data ww 11/6/03 ., CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: November 18, 2003 From: Maria V. Davis Re: Agenda Item # City g Mana er h Commission Meeting 'I I /18/03 Acquisition of Computer Server RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION OF CERTAIN COMPUTER EQUIPMENT; AUTHORIZING: THE CITY MANAGER TO PURCHASE A NEW SERVER FROM DELL CO. IN THE AMOUNT OF $7,959.00 AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 1340 - 513 - .6430 ' "GENERAL FUND OPERATING EQUIPMENT ". BACKGROUND & ANALYSIS The attached resolution is requesting your authorization to buy a Dell Computer server as an addition to our existing servers which have experienced a lot of breakdown lately because of lack of adequate data storage space. With the level of day to day data ,generated by all departments and the state statute requirements that public records be kept for certain number of years, acquisition of this server will provide us the additional data storage space needed to be in compliance with the statute. Furthermore; acquisition of the server will provide: 1) Reliable connection to the network system by the employees when using their computers. 2) Better security to the network system, preventing intrusion from outsiders. 3) Space for additional users that will be connected to the network when multi - purpose center computer system is brought online with the rest of the City. 4) Faster printing on the network system. The disbursement of $7,959.00 needed to acquire the server from Dell Computer will be charged to account number 001- 1340 - 513 -6430, titled "Operating Equipment" which has a current balance of $38,177.00 RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ACQUISITION OF CERTAIN COMPUTER EQUIPMENT; 6 AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW 7 SERVER FROM DELL CO. IN THE AMOUNT OF $7,959.00 AND 8 CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 9 1340 -513 -6430 "OPERATING EQUIPMENT ". 10 11 12 WHEREAS, the City MIS division currently has couple of servers that it's 13 using to process and store data as part of our computer network; and 14 15 WHEREAS, these servers are out of adequate space needed to keep our 16 computer network functioning effectively and need to be augmented; and 17 18 WHEREAS, Dell Computer has furnished the city a government bid price for 19 the additional server needed for the augmentation, as demonstrated in the attached 20 document. 21 22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 24 25 Section 1. That the Mayor and City Commission wish to purchase a new 26 server to help resolve potential problems and the City Manager is hereby authorized 27 to disburse the sum of $7959.00 to Dell Co. for the purchase of a new server; 28 29 Section 2. This resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED this day of , 2003. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 Commission Vote: 39 READ AND APPROVED AS TO FORM: Mayor Feliu: 40 Vice Mayor Russel: 41 Commissioner McCrea: 42 CITY ATTORNEY Commissioner Bethel: 43 Commissioner Wiscombe: 44 Additions shown by underlining and deletions shown by °_ °F.g. ERR., Page 1 of 2 DELL QUOTATION QUOTE #: 122743060 Customer #: 1052096 Quote Date: 10 /30103 Date: 10/30/03 9:42:16 Ann Customer Name: MIAMI DADE COUNTY TOTAL QUOTE AMOUNT: $7,959.00 SYSTEM PRICE: $6,610-001 GROUP TOTAL: $6,610.00 Product Subtotal: $7,959.00 Base Unit: PowerEdge 2650,2.8GHzI612K Cache1533MHz FSB Xeon (221- 2654) Tax: $0.00 Memory`. 1GB DDR SDRAM 266MHZ (2X512) PowerEdge (311- 2732)' Shipping & Handling: '' $0.001 Monitor: 1 Shipping Method: I Groundl Total Number of System Groups: 1 1 GROUP- FQUANTITY- 1 SYSTEM PRICE: $6,610-001 GROUP TOTAL: $6,610.00 Base Unit: PowerEdge 2650,2.8GHzI612K Cache1533MHz FSB Xeon (221- 2654) Processor: 2nd Processor, Xeon, 2.8GHz, 612K Cache ,533MHz FSB,, PowerEdge 2650 (311 -2724) Memory`. 1GB DDR SDRAM 266MHZ (2X512) PowerEdge (311- 2732)' Keyboard: No Keyboard Option (310 -3281) Monitor: No Monitor Option (320 -0058) Hard Drive: 146GB`10K RPM Ultra 320 SCSI Hard Drive (340 -7968) Hard Drive Controller: Raid on Motherboard,PERC3 -DI 1 28MB,vrith Documentation,for Dell PowerEdge 2650 (340 - 3943) Floppy Disk Drive: 1.44MB,3.5 in,Floppy Drive Dell PowerEdge Servers (340 -3961) Operating Systemt W2K3 Server Standard Edition 32 -bit (420- 2965) Operating System: Dell OpenManage Kit,32 -13it (310 =1261) Mouse: Mouse Option None (310 -0024) CD -ROM or DVD -ROM Drive: 24X IDE CD -RW /DVD ROM Drive for PowerEdge Servers (313 -1999) Sound Card: Bezel Option for Dell PowerEdge 2650 (310 -1487) Speakers: 5 Bay SCSI Hard Drive Backplane,IXS, (1 in only), PowerEdge 2650 (340 -3932) Documentation Diskette: No Hard Copy Documentation (3'10- 1989) Additional Storage Products: 146G6 10K RPM Ultra 320 SCSI Hard Drive (340 -7968) Feature MRS, ROMB 0, C4, for PowerEog'e2650 (340 -3946) Feature RapidRails for Dell Rack (310 -1482) Service:' Premier Enterprise Support - Gold -'Advanced Software Support Quantity 3 Resolutions (950- . 0117)_ Service: Premier Enterprise Support - Gold - Premium Services, Initial Year (950 -0138) Service:' Premier Enterprise Support Service Gold Welcome Letter (310-3785) Service: Premier Enterprise Support - Gold - Premium Services, 2YR Extended (960 -3029) Service:'; Type 2 Contract Same Day 4 HR! and Labor On -Site Response , Initial Year (960 -4130) Service: Type 2 Contract Same Day 4 HR! Parts and Labor On -Site Response, Two Years (960 - 4132) Serviced Premier Enterprise On Demand Engineer Dispatch Severity 'l Three Years (970- 0237) installation: On -Site Installation Declined (900 - 9997), Misc: 146GB 10K RPM Ultra 320 SCSI'Hard Drive (340 -7968) Misc: Redundant AC Power Supplies PE2660 533FSB, <126V (310 -4324) CF1,9104,Information, Label,Asset,Medium, #2, Factory Install (362- 8800) file: / /C: \WINDOWS \TEMP \Quote_1227430601.html 11/7/03 Page 2 of 2 CFI, 9104, Information,, Label,Asset,Large, #2, Factory Install (362 - 8801)' CFI Bypass EIDO (364 -7502) CFI Routing SKU (365 -0257) CFI, Rollup, Integration, OR- System,Label,Service (366 -4301) - Quantity 2 SOFTWARE & ACCESSORIES Product Quantity Unit Price 11 Total 1U KMM'Console, Rapid Rail Included, Customer Install (310 -4227) 1 $1,349.001 Number of S & A Items: 1 S A Total Amount: $1,349.00 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at .dell.com /quote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. * *Sales /use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512- 283 -9276, referencing your customer number. if you have any questions regarding tax', please call 800- 433 - 9019. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell financial Services' Asset Recovery Services group for EPA compliant disposal options at US_DFS_AssetRecovery @dell.com. Minimum quantities may apply. file:HC: \WINDOWS \TEMP \Quote 1227430b01.html 11/7/03 SALES REP: APRIL DELASHAW PHONE: 800 - 981 -3355 Email Address: April_Delashaw @Dell.com Phone Ext: 44721 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at .dell.com /quote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. * *Sales /use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512- 283 -9276, referencing your customer number. if you have any questions regarding tax', please call 800- 433 - 9019. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell financial Services' Asset Recovery Services group for EPA compliant disposal options at US_DFS_AssetRecovery @dell.com. Minimum quantities may apply. file:HC: \WINDOWS \TEMP \Quote 1227430b01.html 11/7/03 The Dell PowerEdge 2650 server is architecturally balanced to maximize processing speeds as well as provide high data input /output (1/0) and memory bandwidth. Featuring dual Intel® Xeon' processors with a 533MHz front side bus, the server is well suited for compute- and memory intensive applications. 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Plus, the chipset supports 2:1 memory interleaving for reduced memory latency. The split backplane design also offers configuration flexibility. For instance, you can configure two hard drives to mirror the operating system for redundancy and use the remaining three drives in a RAID 5 configuration for storing data. Furthermore, its five hot -plug SCSI hard drives allow up to 730GB of internal storage. And three 1/0 slots expand functionality to beyond what is supported with the embedded feature set. Manageability and Serviceability The PowerEdge 2650 incorporates special design features that make the server easy to deploy, service and manage remotely. It consists of a cable -less motherboard design that results in improved airflow for better temperature control and simplified serviceability. The tool -less chassis enables easy access to internal components for quick maintenance. 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The PowerEdge 2650 full- featured server delivers exceptional performance, bandwidth and flexibility in a slim PowerEdge 2650 chassis to cost effectively manage a variety of front -end and mid -tier workloads. i Exceptional performance, Easy as Visit www.dell.com for more information, Se Dir IR1110ES4 FE ATURES DESCRIPTION i3y leveraging the 'Pro adages of rr�ffrrect Form factor 2U lac he 'ht% \ u rrrvdnf rnf ltadtna Ic1'redsa yt �d sLtdp�ltrw Processor(s) Up to two Intel' Xeon'" processors at 2.01314z, 2 4GHz, 2.8GHz and 3.06GHz with mat srngler� adctttatrtlrtyr Oe<< hyper threading support ru�esXcW,liravlde :you wlt1iffet£tve Front side busIUiHz frvtlil�t�e�cir f daft thTt111i1P1 affordatl�s�ar fCe oflerings at any prtiTV rn you fT a procaa a4C a Pal�atictn v� L2 cache 512KB advanced transfer cache designed to improve access time to server data g p huhdledile &� t alttfteapredsv�tsthat Chipset Serttct eCCIChtpaets pvltsfua��IreePf4 {hgj38f#z . -1, the' r"to ravtt�r� vale d 12.x � 3 ffa kl r yvU it a "'ItU rP�t ?7lfiant Memory 256MB - 12GB PC266 ECC DDR SDRAM and�idattrlft fesslrtn ai consU ttit Serv- ,i, t� r ItUr[died asap Six DIMM sockets on system board configurable for Spare Bank support s�t1 *Z, iek�pttrmrses to a 7. a I/O channelsuon teleli[tattl x 6brtz girt xb tl OOIG1Ffz),. � fty10g1+ p 'Din embedffeif i�b H ,x d aE ckt rltfet etti ted�d Uftta3 iU1bSl(ffAl�i controfCers,(8�ftrt/a6Ml) `r) RAID controller Embedded dual channel Ultra3 (U160) SCSI with 128MB cache (enablement optional) ` Dell Prot foftA rvlees enahf a l�eil cu tolnet Drive bays r ! drnre ba far 8 x 1 sir 20 hot'pluo SCSI drty� tlptlltt[r4�1alnevghnplvgy i.,AeE » Etledlbdrtrana24?tIDE.CD RC1Mcrr$lt,vnel9t3drskbttedr�we, #3It the tlesfgfl�df tC�trertt acid tfPltiyrrltent Maximum internal storage 730GB (5 x 146GB► Mtrtivatnie rDbrst rf�tc saille husmessrval y3� r11dths Wtth each etY rft +Ne 0i Hard drives k ii�methvdvlDgy 6n, rnanagene� External storage SCSI and fibre channel storage systems Mffl \e�€�ttl�to urldetstanttfu nitssofl�vtRea` ' Network interface card±N#;Integ3ecv�rgsrtas�pd balart t)dfilldversupport!, r iat'aref�lYettle aePr ttde y,TTR*1 4 T . dtrr "Otirlronmer# T e st r r€ t� h Power Optional hot plug redundant 50OW power supplies Availability a Bettkittrfrgtt %alr��!iitlit(�rOi ill techtt)tsg1K(12N18 and U pill Ileptit;ttt Senria+rs v % b' 3T•'" 5ic I Ch �} > Cke� CBCha y4i 46P.�1�i 'item I /ou deplvyment4ssrss nee thatd' \• ha from beglnntngk Dell can tal©r flUplextn ' z»< Itul, emedded NICs wftlt fatlouerindload belantg support ystes Ctt our eustorraars sPet tfrcatianls� the hero software Hot pie rUndanfi power supplies �si6rFmg c rRl rf1 orlon dtlrf t I I systenr Is l l to Hot lard drlwres and eoolmg f r6 k, t�r�� redurrd��')!me �fe �a1t"i%��a�d the Htft��varfabibtyTtbr��iffiel artr[ ��51 vkuster swffrt �'` r(elf'," 1 msta8ati4k` tt&.dos lxsal a sets P y �t�kt`tnanted ke � o��i�r�d�fnanrtorpnrta; ��F q �, ) �� 1Gitl1 6Bflptl01W E1rl�edded l�ia ��t�=�yrsffws sart+er ln�?ardern €nt Papa�ffty , Graphics Integrated ATI Rage of �fv5l fad; XL controller with 8MB SDRAM (not upgradable) Our apfsrrEacto Training anl�fldatlonj) kc aw Optional software1,ovell Nye'rslaTr t Ivueil,Netlfiyrstvn 6¢u Pip trrtec� faDtl . yvtLu�inartyour cotnfsef fat vutstert therr1wlth sta€1d €Inrd 6 I n* taliatt atratlable),.Iyllvrosv Witrdttrervet 003endtd Edrtron Mlcra inflows NT;Server 4.0 Mrcrf}iiltdaws °NT�tUer Enterrrse tndUStry jrti raandlndustryfa r�tsftwark Bpi! 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Easy as ;, Visit _ www.dell.com for more information. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 5 2004 GENERAL ELECTION FOR THE MAYOR AND CITY 6 COMMISSIONERS FOR GROUPS, II AND III AND UNEXPIRED 7 TERM FOR COMMISSIONER FOR GROUP IV; SCHEDULING THE 8 DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR 9 QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF 10 ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; 11 PROVIDING FOR NOTIFICATION; PROVIDING FOR 12 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 13 DATE. 14 15 WHEREAS, Section 2, Article V, of the City of South Miami Charter provides 16 that the City Commission of the City of South Miami shall schedule a general election for 17 February of each even year, and that the Mayor shall be elected for a term of two (2) 18 years and commissioners shall be elected for terms of four (4) years at the general 19 election; and 20 21 WHEREAS, the Charter requires the City Commission of the City of South Miami 22 to schedule the day, place and time of the general election by ordinance; and 23 24 WHEREAS, state law requires election books to close thirty (30) days prior to the 25 election. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The 2004 General Election will be held on Tuesday, February 10, 31 2004. On that date, a mayor will be elected to serve a term of two (2) years, two (2) 32 Commissioners from Groups II and III will be elected to serve a term of four (4) years 33 and one (1) Commissioner from Group IV, will be elected to serve an unexpired term of 34 two (2) years 35 36 Section 2. The qualifying period for this election shall open Tuesday December 37 30 2003 and close Tuesday, January 6, 2004, precisely at 5:00 p.m. Candidates shall 38 qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. 39 40 Section 3. Voting shall be conducted at City Hall in the City Commission 41 Chambers, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 42 7:00 a.m., and close' precisely at 7:00 p.m. 43 Additions shown by underlining and deletions shown by everstfiking I Section 4. The official ballot for the 2004 general election is annexed to this 2 ordinance. 3 4 Section 5. The election books shall close Monday, January 12, 2004. 5 6 Section 6. The City Clerk shall publish notice of such general; election once a 7 week for four consecutive weeks next preceding the general election in a newspaper of 8 general circulation in South Miami. The notice shall contain the date, time, and place of 9 the general election and identify the commission groups and proposed charter revisions to 10 be voted for: 11 12 Section 7. If any section, clause, sentence, or phrase of this ordinance is for any 13 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 14 shall not affect the validity of the remaining portions of this ordinance. 15 16 Section 8. All ordinances or parts of ordinances in conflict with the provisions 17 of this ordinance are repealed. 18 19 Section 9. This ordinance shall take effect immediately upon approved. 20 21 PASSED AND ADOPTED this day of , 2003. 22 23 ATTEST; APPROVED; 24 25 26 CITY CLERK MAYOR 27 28 l st Reading — November 4, 2003 29 2" d Reading — November 30 COMMISSION VOTE: 31` READ AND APPROVED AS TO FORM: Mayor Feliu: 32 Vice Mayor Russell: 33 Commissioner McCrea 34 CITY ATTORNEY Commissioner Bethel`. 35 Commissioner Wiscombe:` Additions shown by underlining and deletions shown by ever striking. ,n, „ _ .. I ELECTION BALLOT 2 CITY OF SOUTH MIAMI GENERAL ELECTION 3 FEBRUARY 10, 2004 4 5 MAYOR'S RACE 6 There is hereby elected a Mayor for the City of South Miami to serve for a two (2). year 7 term. Vote for one (1) 8 9 COMMISSIONER RACE GROUP II 10 There is hereby elected a Commissioner for the City of South Miami from Group 11 to 11 serve for a four (4) year term. Vote for one (1) 12 13 COMMISSIONER RACE —GROUP III 14 There is hereby elected a Commissioner for the City of South Miami from Group III to 15 serve for a four (4) year term. Vote for one (1). 16 17 COMMISSIONER RACE —GROUP IV 18 There is hereby; elected a Commissioner for the City of South Miami from Group IV to 19 serve for a two (2) year term. Vote for one (1). 20 21 22 23 24 25 26 27 The polls will be opened on Tuesday, February 10, 2004 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission Chambers, 29 6130 Sunset Drive, South Miami, FL. 30 31 32 33 34 35 36 37 38 39 J: \My Documents\resolutions \ordinance 2004 General Election Alt 2 11.18.03.doc tl Additions shown by underlining and deletions shown by ever-striking. w. tl MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF`MIAMI -DADEc Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (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 NOV. 18, 2003 ORD. RE: TO THE YEAR 2004 GENERAL ELECTION FOR MAYOR, ETC. ` in the XXXX Court, was published in said newspaper in the issues of 11/07/2003 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 a period of one year n: ext 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, r to commi 'on or refund for the purpose of securing t s adve ' ent f publication in the said newspape Sworn to and sg before me thig23 07 ay of N / !/ .9 f / A Iii /-F -u (SEAL) C/r OFFICIAL A.RY SEAL O.V. FERBEYRE personally kn wn to me JANETT LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.' CC 912958 MY COMMISSION EXP. JPNE 23,2004' I 1 RESOLUTION NO. 2 3 4 ; A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 AGENDA CREATING AN AGENDA SUBJECT FOR `NEW 7 BUSINESS "; PROVIDING AN EFFECTIVE DATE. 8 9 10 WHEREAS, Section 2- 2.1(C) of the City of South Miami code, entitled 11 "Agenda, provides that the agenda shall be prepared by the city clerk in 12 appropriate form approved by the city commission; and, 13 14 WHEREAS, the city commission directed the city attorney to prepare a 15 resolution creating an agenda subject for "New Business." 16 17 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 19 20 Section 1. The City Commission Agenda format is amended to provide: 21 22 CALL TO ORDER 23 ITEMS) FOR THE COMMISSIONS CONSIDERATION 24 PUBLIC REMARKS 25 CONSENT AGENDA 26 ORDINANCE(S) SECOND READING / PUBLIC HEARING(S) 27 RESOLUTIONS) /PUBLIC HEARING(S) 28 RESOLUTION(S) 29 ORDINANCE(S) FIRST READING(S) 30 NEW BUSINESS 3`1 COMMISSION REMARKS. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this 18 day of November, 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Additions shown byunderlinin and deletions shown by ^v°~.g. 1 COMMISSION VOTE: 2 3 READ AND APPROVED AS TO FORM: Mayor Feliu: 4 Vice Mayor Russell: 5 Commissioner Wiscombe: 6 CITY ATTORNEY Commissioner Bethel: 7 Commissioner McCrea: 8 9 10 \ \02srvplaw \prolaw\Documents \0022 \EGG\20226.doc -- agenda format/new business Page 2 of 2 �r="" -°. , �„. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and city comm'n. Maria V. Davis, city manager From: Earl G. Gallop, city attorney SUBJECT Date: November 12, 2003 Re: Settlement of case styled TK Promotions, Inc. v. CSM l6, A resolution approving a settlement agreement between TK Promotions, Inc. and the city to settle the federal litigation regarding the Booby Trap. DISCUSSION AND ANALYSIS 1. Nature of the action. TK Promotions, Inc., d/b /a Club Steel, initiated a civil action in federal district court against the city under 28 USC §2201 and §2202, and Fed. R. Civ. P. 62 for injunctive and declaratory relief, and attorney's fees. TK Promotions amended its complaint to challenge the enforcement of sec. 847.0134, Fla. Stat. (2001). The statute prohibits the operation of an adult entertainment establishment within 2500 feet of a- public or private school. Among other things, it contends that: (1) enforcement of the statute is an unlawful prior restraint on the freedom of erotic expression; (2) threats to arrest plaintiff's owners, managers and employees are an unlawful prior restraint on protected expression; (3) the threats to make arrests are "bad faith;" (4) application of the 2500 foot restriction is unconstitutional as it would "zone out" all adult entertainment in the city; (5) nude or semi -nude dancing cannot be "harmful to minors," as declared by statute, as minors are not allowed into the adult entertainment establishment; (6) the statute is unconstitutionally vague as it does not prescribe the means for measuring the distance between a school and the establishment; (7) the statute is vague as it allows an exception for valid non - conforming uses but does not provide standards to make that determination (8) there is no evidence that the statute furthers a substantial governmental interest as the Florida ; Legislature did not consider sufficient evidence to demonstrate that there are adverse secondary effects caused by 'adult entertainment establishments; and (9) the statute is overbroad, and is not narrowly tailored to Memorandum to Mayor and city comm'n And City Manager November 12, 2003 Page 2 of 3 accomplish an arguable substantial government interest. In short, TK Promotions attacks the constitutionality of the statute on its face, and as applied. 2. Recent developments. The federal district court judge denied plaintiffs' emergency motion for temporary restraining order and cancelled the trial on the motion for temporary injunction. The court ordered the parties to attend a pre- scheduling conference (between the attorney's) and to present a status report to the court. The court will schedule a status conference and schedule pre -trial discovery and the trial on the merits of the case. Even though the statute is challenged, the Florida Attorney General has advised that his office will not participate to defend the statute at this stage of the litigation. The city win be required to bear the substantial financial burden of the defense. 3. Settlement agreement. The city commission authorized the city attorney to enter into settlement negotiations with TK Promotions. A proposed agreement was achieved on the following principles: • TK Promotions will operate a "high end" adult entertainment establishment. • The city will allow TK Promotions to operate the establishment for the duration of the lease and any extensions. The right is personal to the corporation and does not run with the land. It cannot be transferred to any other entity. • TK and the city will work together to reduce incompatibilities between the use and other outdoor, family oriented uses in the downtown district.' To that end, TK will: (1) change the name from "Booby Trap" to "BT's Gentlemen's` Club "; (2) change the signage'to a more aesthetically' pleasing presentation; (3) prepare and enforce a behavior and dress code; (4) provide adequately trained security personnel to enforce the behavior and dress code, and to prevent unlawful and objectionable behavior on the premises and in the adjacent: parking area; (5) designate security liaison with the police department; and (6) comply with all laws. • The city will not enforce the 2,500' foot separation requirement between adult entertainment establishments and schools of sec. 847.0134, Fla. Stat. (2001) so long as TK is in compliance with all applicable laws. • The city is not precluded from enacting and enforcing a' adult entertainment zoning ordinance, but may not "zone out" TK establishment. The city can also enact Memorandum to Mayor and city comm'n And City Manager November 12, 2003 Page 3 of 3 ordinances regulating behavior, but may not violate the first amendment rights of TK and its entertainers. • The parties will bear their own attorneys fees and costs. In any action to enforce the agreement, the prevailing party will be entitled to an award of attorney's fees. We believe that this agreement is a reasonable way to settle costly and troublesome litigation, RECOMMENDATION Approve the settlement agreement. \ \02srvplaw \prolaw\ Documents \0022\EGG\20224.doc - -TK Promotions settlement agreement 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 LITIGATION; APPROVING A SETTLEMENT AGREEMENT 7 BETWEEN THE CITY AND TK PROMOTIONS, INC.; 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, TK Promotions, Inc. initiated federal litigation against the 12 city, styled TK Promotions, Inc., d1b /a Flub Steel, and Philip Gori v. City of South 13 Miami, Case no. 03- 22263- Civ- Gold/Simonton (S.D.F1a. 2003), alleging that the 14 city threatened to enforce sec. 847.0134, Fla. Stat. (26o I) by arresting entertainers 15 at an adult entertainment establishment known as the Booby Trap in violation of 16 their right to freedom of expression under the First Amendment to the U.S. 17 Constitution; and, 18 19 WHEREAS, the city denies the material allegations of the complaint but, 20 nevertheless, desires to avoid protracted and expensive litigation; and, 21 22 WHEREAS, the parties desire to settle the claims on the basis of allowing 23 TK Promotions, Inc. to present adult entertainment, as that term is described in the 24 settlement _agreement, and to minimize the potential incompatibility of the use 25 with the downtown, family oriented atmosphere of the area. 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 settlement agreement dated November 18, 2003, which is 31 annexed and made a part of this resolution' as App.l is approved. The city 32 manager is authorized to execute the settlement agreement on behalf of the city. 33 34 Section 2. This resolution shall take effect immediately upon approval; 35 36 PASSED AND ADOPTED this 18th day'of November, 2003. 37 38 ATTEST: APPROVED: 39 40 41 CITY CLERK MAYOR 42 COMMISSION VOTE: Additions shown by underlining and deletions shown by evers#iking. �°. -,^" ..... �.a.._ �., ..�, -. - . -;,-.. z- �. -.t,�. , :�"+�zT.� "�;� :F�"�'- �'*e�:�s: F*',- ,'�i.��i r �, "°;'��'�• -�`' "s �z�^a,m,,.�. -"'.` .^�-r- r�^,'r: ?;;i "�'w�;, a'�' 1 2 READ AND APPROVED AS TO FORM: Mayor Feliu: 3 Vice Mayor Russell: 4 Commissioner Wiscombe: 5 CITY ATTORNEY Commissioner Bethel 6 Commissioner McCrea: 7 8 \ \02srvplaw \prolaw \Documents \0022\EGG \20223.doc -- Settlement TK Promotion, Inc. Page 2 of 2 SETTLEMENT AGREEMENT BETWEEN TK PROMOTIONS, INC. AND CITY OF SOUTH MIAMI, FLORIDA Whereas, TK Promotions, Inc. operates an adult entertainment establishment, as that term is defined by sec. 847.0134, Fla. Stat. (2001), known as the Booby Trap, at 5922 South Dixie Highway, in the city of South Miami; and, Whereas, TK Promotions, Inc. initiated federal litigation against the city, styled ,TK Promotions, Inc., d/b /a Club Steel, and Philip Gori v. City of South Miami,'' Case_ no. 03- 22263- Civ- Gold/Simonton (SD. Fla. 2003); and, Whereas, the parties desire to , enter into a comprehensive settlement agreement to dispose of the litigation and to allow TK Promotions, Inc.; to continue operations of the establishment during the term of the current lease and any extensions of the lease; and Whereas, the major purpose to be achieved by this agreement is to achieve continuing compatibility between the establishment and the outdoor dining and family entertainment ambiance of the immediate downtown area. Now,' therefore, in consideration of the sum of $10.00 paid, by the city of South Miami to TK Promotions, Inc., and the exchange of other valuable consideration, the receipt and legal sufficiency of which is acknowledged by the parties, the parties agree as follows. 1. TK. Promotions shall have the right to operate a Special Cabaret, as that term is defined by sec. 847.001(2)(c), Fla. Stat. (2001), to mean any business that features persons who engage in specific sexual activities for observation by " patrons, and which restricts or purports to restrict admission only to adults. 2. The right to operate a Special Cabaret is a personal right and shall exist for the benefit of TK Promotions for the term of the current lease,: including any extensions of the lease. The right to operate a Special Cabaret shall not run with the land, nor be assignable or transferable to any other person, natural or artificial, whether by assignment, sale of assets, merger, or otherwise. Page l of 4 Settlement Agreement between TK Promotions, Inca And the City of South Miami 3. TK Promotions shall annually apply to the city for, and obtain an occupational license as a Drinking Establishment, or other appropriate category as may be established by the city from time to time. However, at no time shall any category of license interfere with TK Promotion's ability to offer nude entertainment with alcohol or interfere with its current entertainment format. 4. TK Promotions shall change the name of the establishment at 5922 South Dixie Highway from "Booby Trap" to "BT's Gentlemen's Club. The name shall be changed within 45 days from the date of dismissal of the above - styled litigation. Recognizing that sign approval must. be obtained from the ` city Environmental Review and Preservation Board (ERPB), the 45 -day time period may be extended by the city manager for good cause shown. The granting of an extension of time shall not be unreasonably withheld. 5. TK Promotions and a representative of the city, designated by the city manager, shall work together to design exterior signage that is aesthetically pleasing and is compatible with immediate area. ` The city representative shall assist TK Promotions in making a sign application to the ERPB and may, if necessary, appeal any adverse decision to the city commission on behalf of the city. 6. TK Promotions will establish and enforce a written dress and behavior code for entertainers governing dress and behavior upon arriving at and leaving the establishment. A copy of the written code shall be delivered to the city manager within 15 days of dismissal of the litigation. The city manager shall have 5 days to deliver a written response accepting, rejecting, or suggesting ;modifications to the code. The matter shall be submitted to binding arbitration in the event the parties are unable to resolve any issues pertaining to the written code within 30 days of dismissal of the litigation. 7`. TK Promotions will provide an adequate number of properly in -house trained security guards to enforce the dress and behavior code for entertainers, to suppress loud, boisterous and illegal behavior by patrons and others, and to deter crime on the premises and in the parking area. The city will notify TK Promotions at any time ' it believes' the number of security guards are insufficient. If TK Promotions disagrees with the judgment of the city the matter shall be resolved by binding arbitration. Page 2 of 4 Settlement Agreement between TK Promotions, Inc. And the City of South Miami 8 TK Promotions and the city will appoint and continuously maintain police- security liaison. With the assistance of the city, TK Promotions will prepare a written protocol for involvement of the city police in and around the premises and the parking area. A copy of the written protocol shall be delivered to the city manager within 15 days of dismissal of the litigation. The city manager shall have 5 days to deliver a written response accepting, rejecting, or suggesting modifications to the protocol. The matter shall be submitted to binding arbitration in the event the parties are unable to resolve any issues pertaining to the written protocol within 30 days of dismissal of the litigation. 9. TK Promotions shall comply with all federal, State, county and city laws that pertain to its business in the city. 10. The city shall not enforce sec. 847.0134, Fla. Stat. (2001), so long as TK Promotions is in compliance with this agreement and all laws that pertain to its business at 5922 South Dixie highway.' The city does not waive its power and duty to enforce all other laws. 11. By entering` into this agreement, the city does not in any way admit liability to TK Promotions, Inc. or Mr. Philip Gori, waive any defenses' it has or had to the claims, or admit any of the allegations of complaint,` or motion to preliminary injunction. 12. By entering into this agreement, the city is not precluded from exercising its police powers to enact an ordinance regulating the location of adult entertainment establishments in the city; provided; however, the ordinance shall have a savings clause that protects the right of TK Promotions to operate a Special Cabaret at 5922 South Dixie Highway for the term of its lease and any extensions of the lease. Further,, the city' is not precluded in enacting one or more ordinances regulating the conduct of persons in the city so long as the regulations do not violate the first amendment rights of TK Promotions and its entertainers. 13. Each party shall bear its own attorney's fees and costs in the litigation and in connection with entering into this agreement. In any action or proceeding to enforce the terms of this settlement agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees (at a rate not to exceed $300 per hour), Page 3 of 4 Settlement Agreement between TK Promotions, Inc. And the City of South Miami paralegal expenses and costs (collectively referred to as "expenses "), including expenses of investigation, pretrial discovery, trial to a court, jury or arbitrator, post -trial and appellate proceedings, and collection. 14. The city shall make no laws which interfere with TK Promotion's ability to offer nude entertainment with alcohol or interfere with its current entertainment format. Dated this November 18 2003. Attested to: CITY OF SOUTH MIAMI By: By: Maria M. Menendez Maria V. Davis Interim City Clerk City Manager Approved as to Form and Legal Sufficiency: By: Earl G. Gallop City Attorney TK PROMOTIONS, INC. By: Philip Gori President Page '4 of 4 Settlement Agreement between TK Promotions, Inc. And the City of South Miami sour South Miami b4 �, CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM All- Ames1caChy • INCORPORATED ' ORiO 2001 To: Honorable Mayor, Vice Mayor Date: 18 November 2003 and City Commission From: Commissioner McCrea Subject: Agenda Item # Election Forum REQUEST , A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,; RELATING TO ELECTIONS; CREATING ELECTION FORUM; PROVIDING GUIDELINES, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Further to our discussion at the last meeting, please find attached the election debate ordinance re- drafted into resolution form, and re- cast to reflect the changes discussed at the last meeting. Luis Figueredo called me the day after the last commission meeting with the following conceptual solution: Allow all staff action to be purely ministerial by placing the deciding criteria in the < resolution itself For instance, have the resolution determine sponsor qualification and staff simply review applications for completeness, much like building permit applications. It is a subtle departure from what was previously proposed but an important one that I believe goes to the heart of how the commission expressed it wanted to proceed. This is now the collaborative work product of us all and I believe much improved. Alternate venue is accommodated in this resolution. Examples of sponsors have been taken out because the criteria defines them clearly enough. Both notice and legal compliance are addressed. A procedure to lodge objection to a sponsor or declare anon performing sponsor in default are added since we can assume either condition may occur. And non - interference by commission and staff is given greater clarity. As a result of requiring the resolution criteria to make all decisions, the resolution presented here is longer and more detailed than the previous ordinance. It arrives at much the same place but now with better safeguards. RECOMMENDATION I appreciate the discussion we've had. It has made a better resolution. I recommend we consider any final adjustments and approve this resolution. AN 1 RESOLUTION NO. 2 3 A _ RESOLUTION OF THE MAYOR AND CITY COMMIISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ELECTIONS; CREATING. ELECTION FORUM; PROVIDING 6 GUIDELINES, AND AN EFFECTIVE DATE. 7 8 9 WHEREAS, the Mayor and City Commission of the City of South Miami 10 encourage a healthy democratic process in city :.elections, and; 11 12 WHEREAS, an informed electorate can be trusted to make the best choices, 13 and; 14 15 WHEREAS, a forum for a fair and balanced examination of all candidates 16 and issues in each election year is a valuable asset to the city and the electorate, 17 and; 18 WHEREAS, a sitting commission would routinely create a substantial 19 conflict of interest by involving itself in the particulars of such a forum because 20 some members of the commission may be candidates in the election, and; 21 22 WHEREAS, the Mayor and City Commission intend that the city does allow 23 for a fair and balanced forum, in each election year, notwithstanding the 24 commission's conflict of interest; and;, 25 26 WHEREAS, the City itself may be best equipped to facilitate and most 27 widely broadcast such a forum, and; 28 29 WHEREAS, City staff's role should be only to facilitate such a forum, 30 according to procedure most narrowly limited and defined, and; 31 32 WHEREAS, provision of such a forum is therefore best accomplished by 33- establishing the policies and procedures, whereby such a forum can take place at 34 each election year, without input from the commission, and with only limited, 35 defined input from staff, and; 36 37 WHEREAS, the Mayor and City Commission desire to make it so, 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Page 1 1 2 Section 1. Sponsor: 3 1.1. A Sponsor shall be selected according to the provisions of this resolution. 4 The Sponsor shall take responsibility for all aspects of the debate, including 5 format, staffing, promotion, participant notice, recording, etc., in keeping 6 with the provisions of this resolution 7 1.2. Qualifications: For purposes of qualifying as an eligible Sponsor, each 8 applicant must submit documentation that it is: 9 1.2.1. An organization established at least 5 years 10 1.2.2. Non - partisan, meaning it has not endorsed political parties or 11 candidates for public office for at least 5 years 12 1.2.3. Experienced, meaning it has conducted at least 2 similar or larger 13 forums /debates in the past 5 years. 14 1.2.4. Familiar with South Miami issues: by providing, at minimum a 15 narrative demonstrating that the forum will be substantive to election 16 issues. (See 6.2) 17 1.2.5. Able to demonstrate adequate resources necessary to conduct the 18 debate by providing a narrative identifying the proposed venue(s), 19 budget, staffing, recording, etc.. (See 6.2) 20 1.2.6. In agreement, by filing application, that it will produce a quality 21 recording of the event in its entirety and the recording shall be made 22 available to the city within 36 hours of the event for the purpose of re- 23 broadcast according to the provisions in this resolution. 24 25 Section 2. Forum; 26 2.1.For the purpose of this ordinance, "forum" means whatever combination of 27 debate, discussion, question -and- answer, or other examination the Sponsor 28 shall determine in its sole discretion is reasonable to fulfill the provisions of 29 this resolution. 30 2.2. Intent: The forum shall provide a fair & balanced examination of all 31 candidates and/or issues in the election, in keeping with the provisions of 32 this resolution and as determined solely by the Sponsor. 33 2.3. The forum shall be conducted not less than one week and not more than 34 three weeks before the date of the election. The "date of the election" shall 35 not include the date of the commencement of early voting. 36 2.4. Sponsors of election forums shall comply with all applicable federal and 37 state election laws and regulations, including, but not limited to, Federal 38 Election Commission, Federal Communications Commission (FCC), and 39 Internal Revenue Service regulations. Page 2 1 2.5. The City shall comply with FCC regulations regarding the broadcast of the 2 forum over the municipal cable network and the city web site: 3 2.6. The Sponsor shall` not support or oppose any political party, candidate or 4 issue. The Sponsor shall present and conduct` forums in such a way as to 5 avoid creating the impression that it favors one candidate over another, or 6 favors or disfavors an issue. 7 2.7.No "empty chair" debates shall be permitted. 8 9 Section3. Venue 10 3.1.1.: The City shall, upon request of the Sponsor, make available and 11 coordinate with the Sponsor, the use of Commission Chambers and the 12 City broadcast facilities as provided in Section 8 and elsewhere in this 13 resolution. 14 3.1.2. - At the discretion of the Sponsor, the forum may take place at 15 another venue, provided it is within the City of South Miami and that 16 the Sponsor ensures the event is recorded` in its entirety and a copy of 17 the recording is provided to the City in compliance with 1.2.6 of this 18 resolution. The Sponsor shall also be required to cooperate with the City 19 to provide for live broadcast of the event. 20 21 Section 4. Dissemination: 22 4.1.1. The forum shall be broadcast live, over City Media, if possible. 23 4.1.2. The forum shall be rebroadcast, over City cable TV, at least four times 24 a day at times designed to present maximum audience exposure. 25 4.1.3. The forum shall be rebroadcast on the City's website subject to 26 availability of that feature. 27 4.1.4. Copies of the forum recording shall be available for borrowing from 28 the City without charge. 29 30 Section 5. Advertisements /Notices /Schedules 31 5.1. Within 7 days of the election having been called (except that for the Feb 32 2004 election, which shall be within 7 days of approving this resolution), 33 the City Clerk shall advertise for Sponsors for a forum as follows: 34 5.1.1. Sponsorship advertisement shall be according to the same manner as 35 the election is advertised 36 5.1.2. State that the structure and conduct of the forum shall be in at sole 37 discretion of the Sponsor as provided in this resolution 38 5.1.3. Summarize Sponsor qualifications according to this resolution 39 5.1.4. State all races /issues to be covered (same as election) Page 3 1 5.1.5. State a deadline for application (based on provisions of this 2 resolution), where applications can be obtained (City Clerk's office, 3 internet), and where applications are to be returned (City Clerk's office) 4 5.1.6. State that selection shall be by a lottery among qualified applicants, 5 conducted by the City Attorney's office at the next commission meeting 6 following application deadline, and as provided in this resolution. 7 5.1.7. Give City Attorney as contact for any ,questions 8 5.2. The City Clerk, with the cooperation of the City Manager, shall publish the 9 date, time, place, and Sponsor of the forum, and names of all candidates 10 and, or, issues, beginning not less than one week before the event. I1 Information regarding the forum shall be publicized in city media in current 12 active use, as follows: municipal cable network (hourly), web site (home 13 page link), news letter (if published), announcements at commission 14 meetings, posting at city hall. 15 5.3. The Sponsor is requested to take special care that all candidates or persons 16 presenting on issues are reliably notified in a timely manner. 17 5.4. The City Clerk shall produce, keep up to date, and publish a schedule for all 18 sequences, deadlines, etc. further to the provisions of this resolution. 19 20 Section 6. Sponsor Selection 21 6.1.T ' he City Attorney shall create an application form in keeping with this 22 rsolution, including space for applicant's name, address, contact 23 information, type of organization, organization's registration, license or 24 other official identifying numbers, all provisions of 1.2 Sponsor 25 Qualifications, and a deadline for receipt of applications that allows 26 sufficient time for the provisions of this resolution. 27 6.2. The City Attorney shall review all Sponsor applications, accepting those 28 received by the announced deadline and that satisfy the criteria set forth in i 29 this resolution. This review shall be ministerial in nature and shall be 30 neither subjective nor qualitative. 31 6.3.At the first commission meeting following the application deadline, the City 32 Attorney shall conduct a lottery among the approved applications, selecting 33 the Sponsor and designating first Alternate, second Alternate, and so on, 34 from the remaining qualified applicants so that every qualified applicant' is 35 ranked. 36 6.4. The City Clerk shall notify the selected' Sponsor and all Alternates the day 37 after the commission meeting at which they are selected. 38 6.5.The selected Sponsor shall have responsibility for conducting the forum 39 from that notification forward, as provided in this resolution. Page 4 1 6.6. If for any reason the Sponsor is unable to fulfill its responsibilities to 2 conduct the forum, it shall notify the City Clerk in writing within 24 hours 3 of having made that determination. If the Sponsor fails to meet a deadline, it 4 shall be given 24 hours to correct the condition or shall be declared by the 5 City Attorney to have defaulted as the Sponsor. 6 6.7.If for any reason the Sponsor withdraws or defaults, the City Attorney shall 7 direct the City Clerk to offer the role of ;Sponsor to the next Alternate in 8 sequence If, after 24 hours notice, the queried Alternate has either declined 9 or not responded, the City Attorney shall direct the City Clerk to make same 10 offer to the next Alternate, and so on, until a new Sponsor is secured or 11 scheduling provisions of this resolution require the City Attorney to declare 12 that no forum can take place according to this resolution because 13 timeframes cannot be satisfied. 14 15 Section 7. Objection and Default 16 7. 1. Objection to' a Sponsor's qualification: At any time, any member of the 17 public may lodge an objection to the qualification of a Sponsor. Any 18 objection shall be limited to the facts contained or misrepresented in the 19 application. Objection shall be made in writing to the City Attorney. The 20 City Attorney shall have 2 business days to investigate the allegation and 21 determine whether there a factual basis for disqualifying the applicant.. The 22 City Attorney shall provide a written decision stating the basis for his or her 23 ruling. If the objection is sustained, the City Attorney shall direct the City 24 Clerk to notify the Sponsor of the ruling by the next business day. 25 7.1.1. A Sponsor that has had, an objection sustained by the City Attorney 26 shall have 24 hours to apeal the City Attorney's determination, 27 whereupon the City Attorney shall have 24 hours to consider any 28 additional evidence and/or information submitted in support of the 29 Sponsor before making a final determination. All correspondence shall 30 be in writing, citing provisions of this resolution in argument. 31 7.1.2. Once an appeal process has been exhausted, if the objection is 32 sustained, the City Attorney shall notify the City Clerk to offer 33 Sponsorship to the next Alternate according to provisions of this 34 resolution. 35 7.2.: If at any time, a Sponsor fails to fulfill its obligations under this resolution, 36 the City Attorney" shall provide the Sponsor with written notice of such 37 failure, citing specific provisions of this resolution. 38 7.2.1. The Sponsor shall have 24 hours to cure the default. { i Page 5 EM 1 7.3.A Sponsor found in default according to 7.2 shall not be eligible to apply to 2 Sponsor a forum under provisions of this resolution for a period of 3 years 3 from the date of the final ruling. 4 5 6 Section 8. Facilitation: The City shall facilitate the forum by making the 7 commission chambers available for the event if requested by the Sponsor, by 8 publicizing the event, and by broadcasting the forum on the municipal cable 9 network and on the city web site when that feature is available, according to the 10 provisions of this resolution. 11 12 Section 9. Appropriation: The city commission shall annually budget and 13 appropriate $1,000.00 for the cost of facilitating the election forum. 14 15 Section 10. Non- interference: 16 10.1. The City's duties shall be limited to advertising for and selecting a 17 Sponsor, facilitating the event, disseminating the event, and providing for 18 feedback, according to the terms of this resolution: 19 10.2. No member of City staff shall direct or attempt to direct the Sponsor 20 as to structure or conduct of the forum outside of the ministerial duties 21 called for in this resolution. 22 10.3. The power of the city commission shall be limited to directing 23 appointed staff to discharge their duties under this resolution. The city 24 commission and individual commission members shall not direct City staff 25 or the Sponsor in any way in the solicitation or selection of a Sponsor, or in 26 the structure or conduct of the forum. A violation of this prohibition shall 27 be considered interference by the commission or by the offending 28 commissioner. 29 10.4. Nothing in this resolution shall restrict members of the commission 30 from participating in the forum as candidates if they are so qualified. 3 32 Section 11. Feedback: 33 11.1. The City Manager shall prepare a survey form for voluntary use at the 34 end of the forum. It shall be designed to gather information that can be used 35 to improve over time the forum provided for in this resolution and shall be 36 made available to everyone viewing the forum, either live or recorded. The 37 form shall gather information from respondents on the following: 38 11.1.1. Was the forum useful to them 39 11.1.2`. What was positive or negative 40 11.1.3. What is suggested to improve the process Page 6 1 11.2. The City Manager shall make all responses available as public records 2 and prepare a report summarizing the findings of the survey. The summary 3 report shall be distributed to Sponsors, Alternates, appointed staff, the 4 commission and the public by way of the City website and the City Clerk's 5 office. 6 7 Section 12. Effective date: This resolution shall become effective immediately 8 upon approval. 9 10 11 12 13 14 PASSED AND ADOPTED this day of , 20_. 15 16 ATTEST: APPROVED: 17 18 19 CITY CLERK MAYOR 20 21 22 COMMISSION VOTE: 23 READ AND APPROVED AS TO FORM Mayor Feliu:' 24 Vice Mayor Russell: 25 Commissioner Wiscombe: 26 CITY ATTORNEY Commissioner Bethel 27 Commissioner McCrea: 28 29 30 31 32 Page 7 So u r� a4 �, CITY OF SOUTH MIAMI South Miami. INTER - OFFICE MEMORANDUM Alanmei c iks U } 2001 To: Honorable Mayor, Vice Mayor Date: 18 November 2003 and City Commission From: Commissioner McCrea Subject: Agenda Item # Commission Compensation REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, ENTITLED "COMPENSATION FOR`` COMMISSIONERS AND MAYOR — ESTABLISHED" TO ALLOW FOR AN INCREASE IN COMMISSIONER COMPENSATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS For many years, and long before I considered running for public office, I have supported paying elected officials a reasonable, salary. I've voted for it at the County level each time it has been on the ballot. In talking to constituents, I have found many agree and bring up the subject themselves. In preparing this item, two primary elements needed most of the consideration — salary rate and timing. Salary Rate: My calculation for salary rate was no fancier than this; 50% of white collar middle management salary rate, considering this a half -time position of similar requirements. $5,000 more for the Mayor who must give the position decidedly more time than other members. "White collar middle management" produces a broad range of perhaps $30,000 - $80,000 plus benefits, depending on the business. I settled on using a figure of $60,000 which might translate to $45,000 - $50,000 plus benefits — a reasonable middle of the range. Therefore, 50% of $60,000 = $30,000, without benefits. I considered gathering various research for guidance and decided on the simpler common sense approach stated above, with the following rationale: .l.'hT -^" e ,+ on ..,m•`_ R s� n. =1, iT.,+ ^r .e.. "�e'.v ..r.$ie„'r, What guidance there is generally follows two lines. The first is that elective office is public service and should attract little or no salary. This seems to be the predominant belief across the United States, with roots extending far back into US and European history. My thinking is that it is outdated, in part because it grew out of a time when it was primarily the rich and privileged who were expected to seek public office. They could afford that philosophy where others could not. As our society becomes increasingly egalitarian, one can argue that this tradition no longer serves us well. The argument goes that we no longer want to favor the rich and privileged to govern us, rather we want to ensure a more diverse pool of people from a more diverse range of social and economic sectors of our society are able to run for public office because they will be more representative and therefore will do a better job. The second guidance would apply a formula based upon population. I am not expert on this various methodology and have not tried to be for the ` following reason. Such formulae will fall down when applied to a relatively small population such as ours in South Miami, where there is a descending economy of scale. In other words, much of the work is no different than that required in larger populations. I'm sure some formulae work on sliding scales and attempt to address that condition but at the end of the day, the rate determined by formulae will only serve as guidance within a broad range and must be tested most vigorously against common sense Therefore I purposefully skipped salary comparisons because one type is outdated and the other would be vague. I considered it more important to move straight to the common sense approach outlined above. Timin There are three important aspects to timing. The first is that we are approaching an election now. Now is when the change will provide its greatest benefit because it is reasonable to assume there are prospective candidates considering running for office now, to whom this could be the difference between running and not running. If this opportunity passes, it will be two years before it presents itself again. The second important date is the general election on 10 February 2004. Our charter, in its wisdom, states that a raise may not go into effect until after the next general election, which is provided for in this ordinance. Obviously; that allows voters to express themselves with their votes. The next opportunity will not present itself for another two years — after the next general election scheduled for 2006, and why it is I mportant to pass this now. The third important date is 1 October 2004, the beginning of the next fiscal year. This ordinance further delays implementation until the next fiscal year. It does so to Page 2 of 2 allow the city to further recover from recent budget woes and to have plenty of time to plan implementation of this ordinance. RECOMMENDATION I welcome the commission's collaboration and recommend approval Page 3 of 2 1-M -5 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, 5 RELATING TO AMENDING SECTION 2 -3 OF THE CITY OF 6 SOUTH MIAMI CODE OF ORDINANCES, ENTITLED 7 "COMPENSATION FOR COMMISSIONERS AND MAYOR - 8 ESTABLISHED" TO ALLOW FOR AN INCREASE IN 9 COMMISSIONER COMPENSATION; PROVIDING FOR 10 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami seek to 14 ensure that the highest caliber candidates are attracted to serve on the City Commission; 15 and, 16 17 WHEREAS, public service is one element of offering; oneself as a candidate and 18 hard work, with its commitment of time, is another, and 19 20 WHEREAS, that commitment of time causes ` financial hardship to some who 21 might otherwise be willing and able public servants, causing them to refrain from 22 standing for Commission office, and 23 24 WHEREAS, the Mayor and City Commission desire to provide a modicum of 25 realistic financial compensation to Commission members in order to expand and enhance 26 the pool of candidates. 27 28 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 30 31 Section 1. That Section 2 -2.3 of the Code- of Ordinances entitled` 32 "Compensation for commissioners and mayor - Established" is amended as follows: 33 34 There shall be paid to the mayor of the city as annual compensation the 35 amount of $35.000.00 per year. There shall be paid to the vice -mayor 36 mayor -and to each city commissioner of the city as annual compensation 37 the amount of $30,000.00 per year. The 38 salaries to the commission and mayor shall be adjusted annually for Cost- 39 Of-Living (COLA) increases according to the same percentage adopted by 40 budget for the City Manager. Additionally, the mayor, vice-mgyor, and 41 each commissioner shall receive such sums as are approved by the annual 42 budget as reimbursement for allowable 43 expenses. Additions shown by underlining and deletions shown by O Verstr- iking. 1 2 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 3 reason held invalid or unconstitutional by a -court of competent jurisdiction, the holding' 4 shall not affect the validity of the remaining portions of this ordinance. 5 6 Section 3. All ordinances or parts of ordinances in conflict with the provisions 7 of this ordinance are repealed. 8 9 Section 4. - This ordinance shall be codified and - included in the Code of 10 Ordinances, 11 12 Section 5. This ordinance shall take effect 11 February 2004 provided, 13 however, the salary provision shall be implemented at the start of FY 2004 -05. 14 Commission salaries shall remain unchanged until implementation. 15 16 PASSED AND ADOPTED this day of November, 2003. 17 18 ATTEST: APPROVED: 19 20 CITY CLERK MAYOR 21 22 1" Reading — 23 2nd Reading 24 COMMISSION VOTE: 25 READ AND APPROVED AS TO FORM Mayor Feliu; 26 Vice Mayor Russell: 27 Commissioner Wiscombe: 28 CITY ATTORNEY Commissioner Bethel: 29 Commissioner McCrea: Additions shown by underlining and deletions shown by king