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12-16-03Wecti l city MegaKarf' offers durability and hard working features The MegaKart'" is molded of HDPE resin for exceptional durability that translates into along, cost - effective life expectancy. Container body resists damage from oil and most chemicals. C Corners,, lift points, hinges, axle fixtures, and handles are all reinforced during the molding process for maximum strength without excessive additional weight or reduced maneuverability. Use Instructions: s s , Easy -to -read, molded -in multi- lingual instructions Hot stamp ID Area: Large, hot stamp areas for serial number or logo ID Ergonomic Handles: Foot Tilt Pocket: M Molded as part of Molded above axle for maximum c container body leverage and utility 1 Nesting: Patented design allows carts to nest with installed lids and latchbars for compact shipping and storage Aerodynamic' Shape: Body design enhances L Lid: stability and strength in D Domed design repels water high wind environments.' a and allows over - packing. Factory- installed, hang flat Wheels: design for compact stacking 9 , _p g 12 " and shipping. Double contact Snap -On style s seal keeps moisture and Axles: i insects out, odors in 3/4" O.D. zinc plated > > Top Rim/Lip:' Load Rating: E Engineered for maximum 335 lbs. r rigidity and strength Textured Corners.— C Capacity: Non -slip nnn marring I I 9 96 gallons (container only) surface for automated C Container Body: lift systems I Injection- molded HDPE for Scuff Rails: er r rugged durability Molded in the base for L Latch Bar: added durability.; Expanded k. 1 1 "tubular steel supported by footprint for stability r reinforced, construction Reinforced Lift Points: L Latch Bar Pocket: Ribbed design and added E Extra deep recess for easier, materials at latch bar fitting _ s secure hook -up with semi - distribute weight evenly a automated lift systems during lift cycle 1 110 Dimensions: Height: 46.. Width: 28" Depth: 32" Option: Lids can be ordered with patented latch feature to restrict full opening to ® IvAA M 710 degrees. I ®,` ®r 433 Industrial Road, Goddard, KS 67052 -0751 • 'email: sales @amerikart.com For other waste handling products and systems, visit our webslte www.amerikart.com - @ @.Amed- Kart/Myers Industries, Inc: Form No. 002084 4 -02 2.5M 7 n- CITY OF SOUTH MIAMI Inter- office Memorandum TO: Honorable Mayor, Vice Mayor BATE; December 16, 2003 & City Commission FROM: Maria V. Davis LS AGENDA ITEM No. City Manager RE: Authorizing the City Manager to execute an agreement with Florida Power & Light for the installation of street lights within the Church, Street Improvements construction corridor RESOLUTION: A" RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CONSTRUCTION AGREEMENT WITH FLORIDA POWER & LIGHT FOR THE INSTALLATION OF STREET LIGHTS ALONG THE CONSTRUCTION CORRIDOR OF THE SW 59TH PLACE (CHURCH STREET) IMPROVEMENTS — PHASE I, IN AN AMOUNT OF $6,188.00 TO BE CHARGED TO MIAMT -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACCOUNT NUMBER 001 -- 0000 -115 -7044; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: As part of the SW 59th Place (Church Street) Improvements — Phase 1 project, Public Works staff has negotiated a sole source service with Florida Power and Light (FPL) to prepare the electrical design and furnish and install two 13 -foot Black Victorian II style streetlights along with all associated conduit and pull boxes within the improvements corridor. The lights are Acrylic Acorn fixtures that will provide ;14,400 Lumens at 175 Watts each. The agreement requires that FPL install the light system, to provide electrical energy necessary for operation of the lighting system and to maintain the system for twenty years. This project will be funded through grants from Miami -Dade County Office of Community & Economic Development, Community Development Block Grant (CDBG) account number 001- 0000 - 115 -7044. The Public Works Department's grants account management sheets, per submitted requisitions, are attached. Page 2 of 2 Comm. Mtg. Agenda Dec. 16, 2003 RECOMMENDATION: It is recommended that the City Commission approve the funding for the work. ATTACHMENTS: ❑ Proposed Resolution; ❑ Proposal letter from FPL ❑ Copy of agreement ❑ Pictures of the light systems ❑ Project's Funding Source fund balance sheets 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CONSTRUCTION 6 AGREEMENT WITH FLORIDA POWER & LIGHT FOR THE INSTALLATION OF STREET 7 LIGHTS ALONG THE CONSTRUCTION CORRIDOR OF THE SW 59TH PLACE (CHURCH 8 STREET) IMPROVEMENTS — PHASE I, IN AN AMOUNT OF $6,188.00 TO BE CHARGED TO 9 MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT, 10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACCOUNT NUMBER 001- 0000 -115- 11 7044; PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the Mayor and City commission wish to provide street lights within the Church Street 14 Phase I roadway improvements construction corridor (SW 59th Place from SW 69th Street to SW 701h Street) 15 and; 16 17 WHEREAS, this improvement is part of the Church Street Master Plan, and; 18 19 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a sole source 20 construction contract agreement with Florida Power & Light for street light installation along the SW 59th Place 21 (Church Street) Improvements — Phase I project for an amount of $6,188.00. 22 23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF 24 SOUTH MIAMI, FLORIDA: 25 26 Section 1: The city wishes to use the services of FPL for the installation of streetlights within 27 the proposed construction corridor of the SW 59th Place (Church Street) Improvements - Phase I. 28 29 Section 2: The project will be funded through grants from Miami -Dade County Office of 30 Community & Economic Development, Community Development Block Grant (CDBG) account number 001- 31 0000 -115- 7044. 32 Section 3: That the Mayor and City Commission authorize the City Manager to execute a sole 33 source construction contract with FPL for the construction/installation of street lights along the SW 59th Place 34 (Church Street) Improvements Phase I project for an amount of $6,158.00. 35 36 Section 4: This resolution shall be effective immediately. 37 38 PASSED AND ADOPTED this day of ,2003. 39 40 APPROVED: ATTEST: 41 42 43 Maria Menendez, City Clerk Horace G. Feliu, Mayor 44 45 46 READ AND APPROVED AS TO FORM: Commission Vote: 47 Mayor Feliu: 48 Vice Mayor Russell: 49 Commissioner Bethel: 50 CITY ATTORNEY Commissioner Wiscombe: 51 Commissioner McCrea: Florida Power & Light 9250 West Flagler Street, Miami, FL. 33174 PPL November 7, 2003 Mr. W. Ajibola Balogun, R.E.M. Public Works Director City of South Miami Dept of Public Works 4755 SW 75U' Avenue Miami, FL. 33155 Re: Binding Cost Calculations - Decorative Street Lighting City of South Miami - SW 59h Place (Church Street) Improvements — Phase 1 FPL Work Request No. 732254 - Account No. 03299 -50125 Dear Mr. Balogun: Per your request, the binding cost calculation to install a new underground decorative street lighting system for the SW 59s` Place (Church Street) phase l project is $6,263 *, less the $75.00 previously paid deposit which leaves a balance of $6,188. This estimate is based on FPL to install the following: • 2 Acrylic Acorn fixtures with 175W Metal Halide lamps on 2 - 13 foot' Victorian II style black concrete' poles. • All of the electrical wiring necessary to operate the decorative street lighting system.; *Note: This does not include trenching and the installation of the FPL- provided PVC and Pull Boxes (FPL handholes) or the restoration of sidewalks,'' landscaping, and pavement. It is our understanding that this function is to be performed per FPL specifications by a City of South Miami selected contractor. This binding cost calculation is valid for six (6) months from the date of this letter. Attached is FPL's invoice for $6,188.00 and FPL's Premium Lighting Agreement requiring execution on behalf of the City of South Miami. The Premium Lighting Agreement and payment 'check or City authorized purchase order must be received in advance of construction. The purchase order must state "payment in full due withi . 30 days after completion of the FPL construction ". Once these documents are received, we will ' order the materials and schedule the job for construction. Upon'; completion of the FPL project, the non - refundable engineering deposit of $75.00 will be credited to the Decorative Streetlight electrical account that will subsequently be created. If you have any questions or need additional information, please contact me at (305) 552- 3914. Sincerely, L ou Perez Major Customer Manager Cc: Greg Perry -; Public Works Raul Gonzalez — FPL Engineering j DSL Binding Cost City of South Mimi-59th PI Ph C �. i Fourth Revised Sheet No. 9. 120 FLORIDA POWER & LIGHT COMPANY Cancels Third Revised Sheet No. 9. 120 FPL Account Number: 03299 -50125 FPL Work Order Number: 732254 PREMIUM LIGHTING AGREEMENT In accordance with the following terms and conditions, City of South Miami (hereinafter called the Customer), requests on this 151h day of October. 2003 from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of premium lighting facilities at (general boundariesl SW 59`h Place (Church Street Phase 1) From SW 69`h Street to SW 70`h Street located in South Miami/Miami -Dade Florida. (city/county) (a) Installation and /or removal of FPL -owned facilities described as follows: Lights Installed Lights Removed Fixture Fixture Type # Installed Fixture Fixture Type # Removed Rating Rating (In Lumens) (In Lumens) 14,400 Lumens MH 175 Watt ' Acrylic Acorn 2 Poles Installed Poles Removed Pole Type # Installed Pole Type # Removed Concrete 13 foot Black Victorian II 2 (b) Modification to existing facilities other than described above (explain; fully): Total work order cost is t5,397.00 That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPL AGREES: 1. To install or modify the premium lighting facilities described and identified above (hereinafter called the Premium Lighting System), furnish to the Customer the electric energy necessary for the operation of the Premium Lighting System, and fumish such other services as are specified in this Agreement, all in accordance with the terms of FP12s currently effective Premium Lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any successive Premium Lighting rate schedule approved by the FPSC. (Continued on Sheet No. 9.121) issued by: P.J. Evanson, President Effective: July- 8.1998 "I .�"' ` . n., r y ., _,l";t i_':'+✓. ..�. _"k"' . `SF�s`..'?`.r'a"'s_s""�,"^_'Tm Si 'fig kr`2°'..z .t T9 ^".�. , . u, tee i Fourth Revised Sheet No. 9. 121 FLORIDA POWER & LIGHT COMPANY Cancels Third Revised Sheet No. 9. 121 (Continued from Sheet No. 9.120) THE CUSTOMER AGREES: 2. To purchase from FPL all of the electric energy used for the operation of the Premium Lighting System. 3. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective Premium Lighting rate schedule on at the FPSC or any successive Premium Lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this Agreement. 4. To provide access, final grading and, when requested, good and sufficient easements, suitable constructign drawings showing the location of existing and proposed structures; identification of all non -FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Premium Lighting System. 5. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights of -way or easements required by FPL to accommodate the premium lighting facilities. IT IS MUTUALLY AGREED THAT: 6. Modifications to the facilities provided by FPL under this Agreement, other than for maintenance, may only be made through the execution of an additional Premium Lighting Agreement delineating the modifications to be accomplished. Modification of FPL premium lighting facilities is defined as the following: a. the addition of premium lighting facilities; b the removal of premium lighting facilities; and c; the removal of premium lighting facilities and the replacement of such facilities with new facilities and /or additional facilities: Modifications will be subject to the costs identified in FPL's currently effective Premium Lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 7. FPL will, at the request of the Customer, relocate the premium lighting facilities covered by this Agreement, if provided sufficient right -of -ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL premium lighting facilities. 8. FPL may, at any time, substitute for any luminaire /lamp installed hereunder another luminaire /lamp which shall be of at least equal illuminating capacity and efficiency. 9. FPL will ensure the facilities remain in working condition and it will repair any facilities as soon as practical following notification by the Customer that such work is necessary. The Company agrees to make reasonable cn—o LV vvtauI Ja%,auica 101 use 111 J elllelt IU match me original facilities. the Company, ; however, does not guarantee that facilities will always be available as manufacturers` of facilities may no longer make such facilities available or other circumstances beyond the Company's control. In the event the original facilities are no longer available, FPL will provide and the Customer agrees to ''a similar kind and quantity. 10. This Agreement shall be for a term of twenty (20) years from the date of initiation of service. The date` of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. At the end of the term of service, the Customer may elect to execute a new Agreement based on! the current estimated replacement cost. 11. The Customer has elected to pay for these facilities as described in this Agreement by either paying a. a lump sum of $.6,263.00 in advance of construction, or b. N/A per month for a period of (10) ten years, or c. N/A per month for a period of (20) twenty years. 12. The monthly Maintenance Charge is 30.66. This charge may be adjusted subject to review and approval by the Florida Public Service Commission. 13. The monthly Billing Charge is None This charge may be adjusted subject to review and approval by the Florida Public Service Commission.' (Continued on Sheet No. 9.122) Issued by: P.J. Evanson, President Effective: July 8,1998 (Continued from Sheet No. 9.121) 14. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL, this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL. 15. Should the Customer fail to pay any bills due and rendered pursuant to this Agreement or otherwise fail to perform the obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to exercise its rights hereunder, shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. 16. If the Customer no longer wishes to receive service under this schedule, the Customer may terminate the Premium Lighting Agreement by giving the Company at least (90) ninety days advance written notice to the Company. Upon early termination of service, the Customer shall pay an amount computed by applying the Termination Factors, as stated in rate schedule PL -1, to the total work order cost of the facilities, based on the year in which the Agreement was terminated. These Termination Factors will not apply to Customers who elected to pay for the facilities in a lump sum in lieu of a monthly payment. At FPL's discretion, the Customer will be responsible for the cost to the utility of removing the facilities. 17. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented from compliance, and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreement by reason of any partial, temporary or entire shut -down of service which,, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment. 18. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement' between the parties. This Agreement does not create any rights' or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties. 19. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. 20. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. in the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules shall control, as they are now written, or as they may be hereafter revised, amended or supplemented. IN WITNESS WHEREOF,; the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: City of South Miami FLORIDA POWER & LIGHT PANY Customer (Print or type name of Organization) r By: y: Signature (Authorized Representative) L. A. Perez (Print or type name) (Print or type name) Title: Title: Maior Customer Manager Issued by: P.J. Evanson, President Effective: July 8. 1998 �MMWIIWTM� 77K! 7-1 CITY OF SOUTH MIAMI W. AJOBOLA BALOGUN lelow 4795 SW 75TH AVE FPL MIAMI FL 33155 GENERAL MAIL FACILITY PL1 -PREM LIGHTING LUMP SUM K MIAMI FL 33188 -0001 ........ ...:... ....- .....I... ........ ..._.. .... ... Florida Power & Light Company .... ......... ........ ......... ......... ......... .................. Federal Tax ID #. 59.0247775 INVOICE Customer Name and Address CHURCH ST PHS 1 `Customer Number: 360787 CITY OF SOUTH MIAMI W.'AJOBOLA BALOGUN Invoice Number: 572558 4795 SW 75TH AVE MIAMI FIL 33155 ` Invoice Date: 10/31/2003 For Inquiries Contact: B 01012 0000572558 0 0 01 01 01 IRENE HERRING Please Retain This Portion for your Records CURRENT CHARGES AND CREDITS Payment Due upon Receipt Customer No: 360787 Invoice No: 572558 DESCRIPTION QUANTITY PRICE AMOUNT PL1 -PREM LIGHTING LUMP SUM K 1 6,188.00 6,188.00 LUMP SUM $6263 LESS $75 PREVIOUSLY PD- CHURCH ST PHS 1 0000 -00 -616 For Inquiries Contact: Total Amount Due $6,188.00 IRENE HERRING Phone: (800) 847 -5484 Payment Due upon Receipt �r r T1 TC`r e' was- fi - �y �I Al AIF Jim hilt", A k y� was- fi - �y �I Al z z � 4 � a --Man, to Y .gym"^. .3,. AIF Jim w ry r z z � 4 � a --Man, to Y .gym"^. .3,. Y 9K t Y ,,r• 0 CH own Z" �:`' -+,; .i1�"�� �`s,. � L �.:�. � ®aim ®... �: ■ rear � { ° } ifs a 9 s S R oil�s f i to r ; S-YN j� 1 n . s Y 9K t Y ,,r• 0 CH own Z" �:`' -+,; .i1�"�� �`s,. � L �.:�. � ®aim ®... �: ■ rear � { ° } i i cn k a z w 0 cu CITY OF SOUTH MIAMI South Miami bftd N�- nmericac�ty Excellence, Integrity, Inclusion 2001 TO: Honorable Mayor, Vice Mayor DATE: December 16, 2003 & City Commission FROM: Maria V. Davis E. City Manager ITEM No. RE: Authorizing the City Manager to Execute a Construction Contract with TJ Pavement Corp. for the Sanitary Sewer Lateral Installation at the Police Department. 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 T.J. PAVEMENT CORP. FOR THE POLICE DEPARTMENT SANITARY SEWER LATERAL IN AN AMOUNT OF $11,167.00 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ENGINEERING & CONSTRUCTION'S CONTRACTUAL SERVICES ACCOUNT NUMBER 01 -1790 -519 -3450; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS The current condition of the septic tank system at the City's Police Department has been of great concern to employees and maintenance crews. It is evident that the septic tank and the drainfield have exhausted their design lives. The tank is collapsing and during heavy rainfall the system becomes completely flooded hence creating a backup in restrooms throughout the building. During the past few months, an outside contractor had to be hired to empty the tank at least once a month to temporarily alleviate the backups. A design was recently created by our engineering consultants to provide a permanent solution to this problem. It involves the installation of a new 4 -inch sanitary sewer lateral that will connect the building to the existing 12 -inch gravity sewer line along SW 61s' Court. This will allow for the total decommissioning and abandonment of the existing septic tank. Public Works staff requested and received three (3) proposals` from contractors doing work within the City. The proposal submitted by T.J. Pavement Corp. for $11,167.00 turned out to be the lowest and most responsive. This amount will be funded through the Public ' Works Department Engineering & Construction's Contractual Services Account Number 01- 1790 -519- 3450. Page 2 of 2 Comm. Mtg. Agenda December 16, 2003 RECOMMENDATION It is recommended that the City Commission approve the funding for the work. Attachments: ❑ Proposed Resolution ❑ Contractors' proposals ❑ Design Plan for the proposed sewer lateral MVD /WAB R I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT CORP. FOR THE POLICE DEPARTMENT SANITARY SEWER LATERAL IN AN AMOUNT OF $11,167 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ENGINEERING & CONSTRUCTION'S CONTRACTUAL SERVICES ACCOUNT NUMBER 01- 1790 -519 -3450; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wish to provide a sanitary sewer service connection for the Police Department Building located at 6130 Sunset Drive and; WHEREAS, the construction activities will consist of the abandonment of the existing septic tank, installation of a new 4 -inch sewer lateral with connection to the existing sanitary sewer system along SW 61s' Court along with pavement and driveway restoration and; WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with T. J. Pavement Corp. for the Police Department Sanitary Sewer Lateral for an amount of $11,167. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The city received proposals as a small project. Section 2: The project will be funded through Public Works Department Engineering '& Construction's Contractual Services Account Number 01-1790-519-3450. Section 3: That the Mayor and City Commission authorize the City Manager to execute an agreement with T. J. Paving, Corp. for the installation of the sanitary sewer lateral at the City of South Miami Police Department. PASSED AND ADOPTED this APPROVED: Maria Menendez, City Clerk day of , 2003 READ AND APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Horace G. Feliu, Mayor Commission Vote: Mayor Feliu: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe'. Commissioner McCrea: FROM :T J PAVEMENT CORP FAX NO. :3052201019 Dec. 01 2003 04:52PM P2 554uth M.fanii Police, Department : Proposed NAI S.Uitary Sewer Lateral 1 ?t7 �1 - lair ?YO "eta e4'r7i+dn, BID FORM Bid prices stated in toe proposal include an costs and expenses for taxes, labor, m overhead and profit. The quantities for payment under �� eat, materials;' contractors this Contract eagrious nt the completed iteptis in place, ready for service and accepted by the Owner. Conan Contract rices actual. m vo itettls are intended to establish a total price for completing the project its entire Fa k �= yment for any ite�t not listed n the ]Bid Forms but shown in the plans shall be included. in the proposal All work stud incidental included a under the de..payrnent several scheduled items of the overall contract, no separate or additional tai costs shad} be will be made. o payment ITE1111x ; DESCRII'TIQN UANTXTY /01 U_ NiT UNIT CE AMA _UNT LIA Mobilization l (Includes mobilization and demobilization LS $— S of all equipment and personnel. Also includes ail testing, inspection ,.and certification costs), 1.02 Maintenance of Traffic i (including temporary barricades.) , LS `7- 1.03 Removal ofExistimg Driveway (Concrete) '65 (Includes Sy S sawcutting, removal, and disposal.) 1.04 Limerook Base - compacted (8" Thiok) 65 Sy. S $ 1.05 �� ✓ 1„ Type S ISt Asphalt Concrete 315 , --- TN $ S 1.06 Restore Driveway pavement Markings 1 LS A �" •07 purnish 4" PVC Sanitary Sewer Lateral 165 Lp $ nF Install 4V' SWtary Sewer lateral 1 (Includes verification of locations and elevations, LS $ $-•- - , 2--d eo;u:evu,10-15 to two 'W existing laterals. Also includes•the ftunishing and installation of approximately 6 cieanouts with all associated tec -wyes, adapters, collars, boxes, aovcrs, and rOVIred appurtenances Also includ= restoration of all disturbed landscaping, curbing, sidewalk, and Concrete and asphalt pavement unless otherwise directed.) 1.09 Existing Septic Tank Abandonment 1 (Including tank pump, demolition of LS bottom, filling with suitable soil, and provision o fp=p out receipt) 1.10 Contingency I LS .15 0.00 1r2 -3 FROM :T J PAVEMENT CORP FAX NO. :3052201019 Dec. 01 2003 04:52PM 'P3 South Miaami Police Department 1?roposed Sanitary Sewer Lateral TOTAL R— D AMOUNT: Il TOTAL BXD AMOUNT y�, (L,N WORDS): ��'x�c ��v�� � �.�,.�, •tip AY TZMATEs Furnish 4" DIp Sanitary Sewer Lateral A -1.02 Reconstruct Concrete Driveway to 165 LF S' 5, match existing. 65 ` SY $ S. Bidder (C mpaay Name): BY (Representative): .� Iva rZ Title: '�, Signature: Date: NOTI79 14 ALL BI DDER,S 1. The City of South Miami reserves the right to waive arty. information in any bid, to reject any and all bids an to delete any part of the above items. d 2. Changes in the Contract Price and Contract Time require prior authotzation in writing from the Comer and the tngineer, in the form of a Change Order or Work Change Directive. The Contractor is responsible for verification of all bid quantities and to report to the Engineer any discrepancies found prior to ordering materials and or equipment for construction. Refer to General Conditions. 3. Bid prices for the vatious,wark items are intended to establish a total price for completing the projeat in its entirety: The Contractor shall include in the Bid, any item for which a separate pay item has not been established in the Bid Form (under any related pay item), to reflect the total rice for completing the its ' entirety, as specified in. the Project Manual and Construction Drawings. ot price s project in 4. Bid prices for various work items may be extended by the City of South Miami for additional work at other similar locations within the City. The Contractor hereby agrees to honor the unit prices established within this bid proposal for other similar work as requested by the City. Name of Bidder Signature of Bidder Telephone No. Fax No. E2-4 South Mianu PoLce De artm'euc - - -- — Proposed Sanitary Sewer Lateral - BID FORM Bid prices stated in the proposal include all costs and expenses for taxes, labor,: equipment, materials, contractors overhead and profit. The quantities for payment under this Contract will be determined by actual measurement of the completed items in place, ready for service and accepted by the Owner. Contract prices for the various work items are intended to establish a total price for completing the project in its entirety. Payment for any item not fisted n the Bid Form but shown in the plans shall be included in the proposal. All work and incidental costs shall be included for payment under the several scheduled items of the overall contract, no separate or additional payment, will be made. ITEM DESCRIPTION - OUA1oTTITY UNIT UNIT PRICE AMOUNT 1.01 Mobilization ' 1 LS ` $1,200.00 $ 1,200.00 (Includes mobilization and demobilization of all equipment and personnel. Also includes all testing, inspection, and certification costs) 1.02 Maintenance of Traffic 1 LS $_11200.00 $ 1,200.00 (Including temporary barricades.) 1 -.03 Removal of Existing Driveway (Concrete) 65 SY $ 28.80 $ 1,872.00 (Includes sawcutting, removal, and disposal.) 1.04 Limerock Base - compacted (8" Thick) 65 SY $ 16.80 $ 1,092.00 1.05 1" Type S -III Asphalt Concrete 3.5 - TN $ 257.10 $ 899.85 1.06 Restore Driveway Pavement Markings ` 1 LS $ 1, 200.00 $1,200.00 ®- y"> 1.07 Furnish 4" PVC Sanitary Sewer Lateral 165 LF $ 12.00 $ 1, 980.00 1.08 Install 4" Sanitary Sewer Lateral 1 LS $ 13, 680.00 $ 13„ 680.00 (Includes verification of locations and elevations, and connections to two (2) existing laterals. Also includes the furnishing and installation of approximately 6 cleanouts with all associated tee -wyes, adapters, collars, boxes, covers, and required appurtenances. Also includes restoration of all disturbed landscaping, curbing, sidewalk, and concrete and asphalt pavement unless otherwise directed.) 1.09 Existing Septic Tank Abandonment 1 LS $ 2,400.00 $ 2,400.00 (Including tank pumping, demolition of bottom,; filling with suitable soil, and provision of pump out receipt) 1.10 Contingency 1 LS $1.500.00 E2 -3 - = --- SouthiNi;uui�uHce:D�artment -- - - Proposed Sanitary Sewer Lateral - TOTAL BID AMOUNT: S $ 27, 023.85 TOTAL BID AMOUNT (IN WORDS): Twenty -seven thousand W n Y-three nnllar and eL9bty five rents ALTERNATES A -1.01 Furnish 4" DIP Sanitary Sewer Lateral 165 LF $ 42.00 $ 6.930.00 A -1,02; Reconstruct Concrete Driveway to 65 SY $ 54.00 - $ 3 aQ 00 match existing. Bidder (Company Name): Williams Paving Company, Inc. By (Representative): Ron Smith Title: Vice President Signature:, . X:X Date: May 27, 2003 NOTICE TO ALL BIDDERS 1. The City of South Miami reserves the right to waive any information in any bid, to reject any and all bids and to delete any part of the above items. 2. Changes in the Contract Price and Contract Time require prior authorization in writing from the Owner and the Engineer, in the form of a Change Order or Work Change Directive. The Contractor is responsible for verification of all bid quantities and to report to the Engineer any discrepancies found prior to ordering materials and or equipment for construction. Refer to General Conditions: 3. Bid prices for the various work items are intended to establish a total price for completing the project in its entirety. The Contractor shall include in the Bid, any item for which a separate pay item has not been established in the Bid Form (under any related pay item), to reflect the total price for completing the project in its entirety, as specified in the Project Manual and Construction Drawings. 4. Bid prices for various work items may be extended by the City of South Miami for additional work at other similar locations within the City. The Contractor hereby agrees to honor the unit prices established within this i bid proposal for other similar work as requested q by the City. Williams Paving Company. Name of Bidder Signature of Bidder 305- 882 -1950 305- 882 -1966 Telephone No.' Fax No. E2 -4 1 O O M: LO O V p N LO 00 p 7al L� � 0 M M 60- 6a C CI J�UOJ V V O O O O O O L 00 O M � � 4. V L. O w 6 6 0 I.: FO- O CO O O O T- 0 H 111 r M U') 0 to w M C t N C15 TZ O 6c} ffl if? 6/ E c°n V a c 69. 1 O O M: LO O V p N LO 00 p 7al L� � 0 M M 60- 6a C CI J�UOJ O O O L O M 60P U) J Tl- V V O O O O 3 .i O 0) c � � 4. V L. LO U') O m FO- O CO r M CL Q 0 H .i � y O 10 w _0 C t � (0 U co cu O �. w c°n V a c 00 0 O 0 C 0 3 N E V c C N E U— Q Co C Cc L W tJl vJ• L aa) 3 m o o o om aa) G.. N Co v U) F- 0) 0 ,� d U cn o E U. a o o �� w cam N Md'LO rn O O O O O L 0 'a — Cn a O O O L O M 60P U) J Tl- V C O O O O 3 U 0) c � � O O O L O M 60P U) J Tl- b" t!'f V C Z C � 3 U c 'L O V ._ W m FO- E � � ' .m CL — N -0 3 0 H .i � y O 10 w _0 C t � (0 U co cu � �. w c°n U � a 00 0 b" t!'f C Z E 3 FL c 'L O V ._ W m J H E � N W O 10 w _0 IL D Z U co cu C9 v� Development Group Development & Comm Grain of Fl., Inc. phone : 305- 666 -0611 fax : 305- 661 -6426 FACSIMXLE TRANSMITTAL Date R. Fax Total number' of pages including cover. i .0 Kell i i s l e i 1 Please Note; If you have not received the total number of pages or nave j any questions concerning the tax, please contact has at the phone #305- 596 -0611 Fax 305-661 -642 - Mailing Address: F.O.Box 160178, Miami, Florida 33116 ��ar- c ilri i'o but wawa In the pliss &a be its nis W propo�. All warm and blVidlsttat Crowe # s&R Ot lmelue CO for paydp* i under the seVerM schadultd t � of the ovtta cotta, as sipmus or atdtli4Wul pqqmat 1 LS s . '' 1.01 al�ipla�lia�ti.nas flttclssdes imetwaz si ou and demabal*c►st .a of aU cluipmm and peel. Also i is all tadnS„ iu p dm sud = ificaboalc k I `q Tr aft ..- �,d.�-'"°s tesxipa c �� I I �-. a 1.03 RMOVAL m xiatiu$ Llrivcwaq tkm ) 6S SY f { M (lrtclesaes ssuµ= tit* ramoval, and "00s l,} � 1.04 Lim"Mi Base � (S,. TIIaaC3lc . 55 SY, S211-3 1,05 l -Type 5 -arz Ampbsk Coacaete ' 3.5 TN L�' S . OCtt�ludcs w ost +of lay � a w 41vastior►s, aid cOMCCOQU to Alw iw3bludes the iax I of � iy 6 is wi ' 'aaso�iated tec>v�yes, Bonus, boxes.. .: mumm of bed l am � w Ov .179 gxisting Scpu al c Ta* Ab 4onamt i LS �0 ---�i �-- , (%acludit►g tarde IIrsaa�pia�tg, dexnvlitioxi c�$ I i br UOM cili 9 With suitable soil and psovisioa a �P nut mvipt} ..aJJ •d � Zz- i TOTHL 'P.212 up it Acceptance of PfopoSald ° The above prices, specifications and t Ijl conditions are sa isfactory and are hereby accepted. You are authorized Signature: _-- ----- - _---- to do the work as specified. Payment will be made as outlined above. i Data of acceptance. - - -- Signature; - - - - -- - - - - - -- - — ---- - - - - -- _--- -_._:— _ I r mow_ T - trLLTBLES06 SM19Wfl ld QN3 Fiinos d.Ti3tB® Ep Go [nr `I, �s, .TI_ Phone: 305 -235 -7177 • Fax: 305- 378 -9774 CCA 000006a208t Email: southend,Dl@aol.com �- IPROPOSALSUSIMITTEDTC7 c PHONE +� - DATE �_ ! S'IF.E� ET CELL FAX —� 0 �e 0 t�7 U �d c�e� 1 .fs ra clyd' � CITY, S�A'E,AN ZIP ,ODE EIJAII JOe PHDNE 31 43 rs"�.,- ..r.;r ,10 1 t v 7- 0C.,r4- JOB ADPPESS i � 2- 02- --3 � - :Ve hrr9tsy subrmtt so-.,.dl0alions and estimatas'orr r"'(teti/Ur SAi f.,7 ,4.�Aa41 Jr�Y7i'f.4 '�r�12.=A.: �r,.> G,. O YtN �[,.I aII�' �' 'isy.�i�/� -'�I i'/'+.0 +e..n.� -' �3- .- f�..�: �aL :`�✓YZ- •�I v `"-- Z -..... -- I. — • ---- -� � '� � � s ,4r 5 �" U S � +� 7 G 3 cs �� c u �' �3� x 4r rTrt � � max- -•�. _.5' I wits d rZ r ij -:� C,a_C__ �t � rrA � 'i`b. �,:i ?= !'. >'7 �O vrtr � Q C•ra '7� dt Q h � rS i�.Nl- '�nJ4"3.'3.t I I Wig Propose hereby to furnish and labor- complete in accordance with above specifications, for the sum of: - '!%3_r� _i?dS9! s f(�r+��'•Jiu1r02�_ T� �I! I , Payment to be made as follows: All material is guaranteed to be as sPoriPed. All work to be comp toted in a wrramanlike mnr.neraccordrg Authorized _ to standard practices: Acv anarstior ar daYlsilon "n .above epee ri a lon_ Invciv ng axtr2 Costs will be -- earttrmad one It andmaterialbasft to €500 Coupon which a writen charge ordarwip be executed signatul'g.,� r and Wk'1 bBbame F P axtra:hd "�E' - v4ara-Ni abOYe 4h8 esd 1918. AttHgreem ?�Ilta COn;inyenf Upb'1 S:riYea, aC 'dents 6t. delays bi1,�Rfd 6.ir COnIrOt. Owner id Caf'y tre, tornado aa+� other nacass9ry !rauranre. If owner t,iraas t� nay raasOnab a edornay� Foes and all otner costs of co!lac;itx7 pros t 5'X per mcnth Note: This prenoss�i may be Into esr an alp mPatd 08�2nCea past 3o days our workers fully0ove ^ed 0y tt�Orkrnen's Carapensatian Insurance. Any warranty 5ervisewir. only be performer during normalwarkmg hours, R9cn -Fri belW:en yuj(hdPBWn by 15$ if not-accepted lYlflllCl days. up it Acceptance of PfopoSald ° The above prices, specifications and t Ijl conditions are sa isfactory and are hereby accepted. You are authorized Signature: _-- ----- - _---- to do the work as specified. Payment will be made as outlined above. i Data of acceptance. - - -- Signature; - - - - -- - - - - - -- - — ---- - - - - -- _--- -_._:— _ I r mow_ T - trLLTBLES06 SM19Wfl ld QN3 Fiinos d.Ti3tB® Ep Go [nr `I, �s, .TI_ Phone: 305 -235 -7177 • Fax: 305- 378 -9774 CCA 000006a208t Email: southend,Dl@aol.com �- IPROPOSALSUSIMITTEDTC7 c PHONE +� - DATE �_ ! S'IF.E� ET CELL FAX —� 0 �e 0 t�7 U �d c�e� 1 .fs ra clyd' � CITY, S�A'E,AN ZIP ,ODE EIJAII JOe PHDNE 31 43 rs"�.,- ..r.;r ,10 1 t v 7- 0C.,r4- JOB ADPPESS i � 2- 02- --3 � - :Ve hrr9tsy subrmtt so-.,.dl0alions and estimatas'orr r"'(teti/Ur SAi f.,7 ,4.�Aa41 Jr�Y7i'f.4 '�r�12.=A.: �r,.> G,. O YtN �[,.I aII�' �' 'isy.�i�/� -'�I i'/'+.0 +e..n.� -' �3- .- f�..�: �aL :`�✓YZ- •�I v `"-- Z -..... -- I. — • ---- -� � '� � � s ,4r 5 �" U S � +� 7 G 3 cs �� c u �' �3� x 4r rTrt � � max- -•�. _.5' I wits d rZ r ij -:� C,a_C__ �t � rrA � 'i`b. �,:i ?= !'. >'7 �O vrtr � Q C•ra '7� dt Q h � rS i�.Nl- '�nJ4"3.'3.t I I Wig Propose hereby to furnish and labor- complete in accordance with above specifications, for the sum of: - '!%3_r� _i?dS9! s f(�r+��'•Jiu1r02�_ T� �I! I , Payment to be made as follows: All material is guaranteed to be as sPoriPed. All work to be comp toted in a wrramanlike mnr.neraccordrg Authorized _ to standard practices: Acv anarstior ar daYlsilon "n .above epee ri a lon_ Invciv ng axtr2 Costs will be -- earttrmad one It andmaterialbasft to €500 Coupon which a writen charge ordarwip be executed signatul'g.,� r and Wk'1 bBbame F P axtra:hd "�E' - v4ara-Ni abOYe 4h8 esd 1918. AttHgreem ?�Ilta COn;inyenf Upb'1 S:riYea, aC 'dents 6t. delays bi1,�Rfd 6.ir COnIrOt. Owner id Caf'y tre, tornado aa+� other nacass9ry !rauranre. If owner t,iraas t� nay raasOnab a edornay� Foes and all otner costs of co!lac;itx7 pros t 5'X per mcnth Note: This prenoss�i may be Into esr an alp mPatd 08�2nCea past 3o days our workers fully0ove ^ed 0y tt�Orkrnen's Carapensatian Insurance. Any warranty 5ervisewir. only be performer during normalwarkmg hours, R9cn -Fri belW:en yuj(hdPBWn by 15$ if not-accepted lYlflllCl days. _ ► v� � � v� vvv � � � en�r�►ru Inc. E. EI EZ, P.E. POLICE DEPARTMENT � 02003 Registered Eng*�eer PROPOSED SANITARY SEWER LATERAL 8603 SWIM DIXIE F9(iiWAY, SINTE 220, FL 33143 State of F orida tense #56704 Phone (305)662 -6445 Fax (305 )662 -6492 j Date: 1{ �� 5' ®� LOCATION .MAP C -1 =c, 5f `1`— .�19 �is'il �ril�� nlpe I�� zr�;� •I °�F q I I! yp Pit T— GENERAL NOTES 1. ALL WORK ON THIS PROJECT SHALL BE IN ACCORDANCE WITH 14. THE MATERIAL QUANTITIES SHOWN ON THE PLANS ARE THE LATEST STANDARDS, CODES AND SPECIFICATIONS OF THE ESTIMATES. IT SHALL: BE THE CONTRACTOR'S RESPONSIBILITY TO MIAMI —DADE` COUNTY -' DEPARTMENT OF PUBLIC WORKS, CITY OF VERIFY THE QUANTITIES REQUIRED TO COMPLETE THE PROJECT IN SOUTH MIAMI DEPARTMENT OF PUBLIC' WORKS, MIAMI. -DADE WATER ACCORDANCE' WITH THE CONTRACT_ DOCUMENTS. PRIOR TO AND SEWER DEPARTMENT, AND ALL OTHER APPLICABLE LOCAL, ACCEPTING THE CONTRACT. ADDITIONAL MATERIALS, REQUIRED TO STATE AND NATIONAL CODES. COMPLETE THE PROJECT MUST BE APPROVED BY THE ENGINEER . PRIOR TO PERFORMING THE WORK, AND WILL BE PAID AT THE 2. THE LOCATIONS OF EXISTING RIGHT -OF —WAY LINES,` CONTRACT UNIT PRICES PROVIDED IN THE CONTRACTOR'S CENTERLINES, ROADWAY PAVEMENT, UTILITIES, TREES, AND OTHER PROPOSAL AND /OR BID. PHYSICAL ABOVE - GROUND FEATURES SHOWN ON THE PLANS ARE APPROXIMATE. THE CONTRACTOR SHALL VERIFY THE ACTUAL - LOCATIONS PRIOR TO COMMENCING THE WORK, AND SHALL NOTIFY 15. IT IS THE CONTRACTOR'S RESPONSIBILITY 70 INVESTIGATE SITE THE ENGINEER IMMEDIATELY IF FIELD < CONDITIONS ARE FOUND TO BE . CONDITIONS OF THE PROJECT AND FULLY SATISFY HIMSELF OF DIFFERENT THAN SHOWN ON THE PLANS. BOTH THE SURFACE AND SUBSURFACE CONDITIONS AND BASE HIS PRICING ACCORDINGLY. 3. ANY NGVD — 1929 MONUMENT WITHIN THE LIMITS OF CONSTRUCTION IS TO BE PROTECTED. 16. THE CONTRACTOR SHALL REPLACE ALL CURBS, SIDEWALKS, SOD, ASPHALT AND - CONCRETE PAVEMENT, LIMEROCK BASE AND 4. THE CONTRACTOR "SHALL RESPONSIBLE -FOR OBTAINING AND STABILIZING EARTH, ETC., REMOVED DURING CONSTRUCTION, WITH _BE PAYING FOR ALL PERMITS REQUIRED TO PERFORMED THE WORK THE SAME TYPE OF MATERIAL THAT WAS REMOVED UNLESS INDICATED ON THE PLANS. -' OTHERWISE SPECIFIED. THE CONTRACTOR WILL RESTORE ALL AREAS DISTURBED BY HIS CONSTRUCTION TO A CONDITION. EQUAL TO, OR 5. CONTRACTOR SHALL PROTECT EXISTING DRAINAGE STRUCTURES BETTER THAN EXISTING. REMOVED ITEMS ARE TO BE DISPOSED OF ADJACENT TO THE PROJECT AREA AND PROVIDE NECESSARY IN A LEGAL- AND PROPER MANNER AWAY FROM THE JOB SITE AT EROSION CONTROLS PER FOOT STANDARD INDEX #102. IF THE CONTRACTOR'S EXPENSE. NECESSARY, CONTRACTOR SHALL CLEAN SUCH 'EXISTING DRAINAGE STRUCTURES. 17. THE CONTRACTOR SHALL NOT ENCROACH INTO OTHER PRIVATE PROPERTY WITH 6. THE CONTRACTOR SHALL PREPARE A MAINTENANCE OF TRAFFIC PERSONNEL, MATERIAL OR EQUIPMENT. PLAN FOR THIS PROJECT IN ACCORDANCE WITH' APPLICABLE FOOT INDEX NUMBERS (600 SERIES) AND THESE DOCUMENTS; THE 18. THE CONTRACTOR, AT HIS EXPENSE, SHALL PROTECT, TEMPORARILY REMOVE; STORE, AND REPLACE ANY ABOVEGROUND MANUAL ON UNIFORM TRAFFIC, CONTROL DEVICES FOR STREETS AND HIGHWAYS (U.S. DEPARTMENT OF TRANSPORTATION, FHWA), SHALL UTILITIES, STRUCTURES, TREES,; MAIL BOXES, FENCES, OR OTHER BE FOLLOWED IN THE DESIGN, APPLICATION, INSTALLATION, 'TRAFFIC PHYSICAL IMPROVEMENTS THAT ARE NOT SPECIFIED FOR PERMANENT REMOVAL AND THAT MAY BE DAMAGED DURING MAINTENANCE AND REMOVAL OF ALL CONTROL DEVICES, CONSTRUCTION. WARNING DEVICES AND BARRIERS NECESSARY TO PROTECT THE PUBLIC AND WORKMEN FROM HAZARDS WITHIN THE PROJECT LIMITS. 19. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING PEDESTRIAN AND VEHICULAR TRAFFIC SHALL BE MAINTAINED AND PROTECTED AT ALL TIMES. AND REPAIRING EXISTING PAVEMENT, SIDEWALKS, PIPES'; CONDUITS, CURBS, CABLES, ETC., WHETHER OR NOT SHOWN ON THE PLANS, 7. THE UTILITY COMPANIES SHALL BE NOTIFIED BY THE DAMAGED AS A RESULT OF THE CONTRACTORS OPERATIONS AND /OR THOSE OF HIS SUBCONTRACTORS, AND SHALL CONTRACTOR ,48 HOURS IN ADVANCE OF ANY EXCAVATION INVOLVING THEIR UTILITIES 'SO THAT COMPANY REPRESENTATIVE ,RESTORE THEM PROMPTLY AT NO ADDITIONAL EXPENSE TO THE OWNER. CAN BE PRESENT. CONTRACTOR SHALL REPORT ANY DAMAGE TO SIDEWALK, DRIVEWAY, ETC., PRIOR TO BEGINNING WORK IN ANY; AREA. 8. THE CONTRACTOR IS TO USE CAUTION WHEN WORKING IN OR AROUND AREAS OVERHEAD :TRANSMISSION LINES OR 20. ALL AREAS OF CONCRETE' OR ASPHALT PAVEMENT THAT ARE UNDERGROUND UTILITIES. THE CONTRACTOR IS RESPONSIBLE FOR TO BE REMOVED SHALL BE SAW —CUT IN NEAT, STRAIGHT LINES. T RT R THE PROTECTION OF ALL UTILITIES THAT ' REMAIN IN PLACE. NEW PAVEMENT SHALL MATCH EXISTING PAVEMENT ELEVATIONS AND SLOPES. 9. PRIOR TO COMMENCEMENT OF ANY EXCAVATION, THE CONTRACTOR SHALL 'COMPLY' WITH FLORIDA STATUTE 553.851 FOR THE PROTECTION OF UNDERGROUND GAS PIPELINES. 10. THE CONTRACTOR SHALL 'CALL SUNSHINE STATE ONE CALL 1 -800- 432 -4770 FOR FIELD LOCATIONS 48 HOURS BEFORE DIGGING NEAR UNDERGROUND' UTILITIES. 11. STAGING_ AND MATERIAL STORAGE SHALL NOT BE CONDUCTED ON ABUTTING PRIVATE PROPERTY WITHOUT APPROVAL FROM THE OWNER. FOR PAVED AREAS USE USF 12. NO BASE MATERIAL REMOVED IN EXCAVATION SHALL BE ` No.7630 VALVE BOX WITH THE LETTER "S" CAST IN THE COVER IN, UNPAVED AREAS USE REUSED AS PROPOSED - BASE MATERIAL. 18 "x18 "x4" OR 18" DIA. CONCRETE COLLAR 13. APPARENT ERRORS, DISCREPANCIES, OR OMISSIONS ON THE EXISTING GRADE DRAWING SHALL BE BROUGHT TO THE ENGINEER'S ATTENTION PRIOR TO CONTRACTOR ACCEPTING THE PROJECT. NO EXTRA PAYMENT WILL BE ALLOWED FOR ANY WORK REQUIRED DUE TO MISUNDERSTANDING OF JOB OR SITE CONDITIONS AFFECTING THE SOLVENT WELD CLEAN -OUT WORK AS DESCRIBED IN THE SPECIFICATIONS OR SHOWN ON THE ADAPTER WITH MALE "TEE—WYE DRAWINGS. THE CONTRACTOR SHALL NOT TAKE ADVANTAGE OF ANY THREADED 'PLUG APPARENT ERROR OR OMISSION IN DRAWINGS OR SPECIFICATIONS, AND THE ENGINEER SHALL BE PERMITTED TO MAKE CORRECTIONS FLOW AND INTERPRETATIONS AS MAYBE DEEMED NECESSARY FOR - FULFILLMENT' OF THE INTENT OF THE CONTRACT DOCUMENTS. THE TENDERING OF A PROPOSAL WILL ACKNOWLEDGE ACCEPTANCE OF SANITARY SEWER CLEANOUT DETAIL THESE CONDITIONS BY THE CONTRACTOR. C2=nIGmley Nom CITY OF SOUTH MIAMI and Associates, Inc.' POLICE DEPARTMENT E. , P.E. — 86AiS0UiliWEWMAY ,SUIiE22o,t�9AI�N FL 33143 Registered Engineer State of Florida cense #56704 PROPOSED SANITARY SEWER LATERAL Phone 0502- 6445 Fax (305)662-6492 ( %U Date: ` / � GENERAL NOTES AND DETAILS C -2 . -. �IXi� C 1 EWT RESTORE EXIST. CONC. PAVEMENT j CONNECT TO EXIST. SAN. PARKING LOT i SEWER LAT. W/ 4" C.O. EXIST. SAN. SEWER — l , -- — — — — -- — - - - ° - -- TYPE "I" ASPHALT PAVEMENT 'S 'I REST. PER MDWASD A1.0; I I Ia I lm: I a. 1 EXIST. ASPHALT ,1j I ROADWAY CITY OF SOUTH MIAMI POLICE STATION o 6130 SUNSET DRIVE I � N Eli SAW -CUT AND REMOVE EXIST. CONC. 1 O� DRIVEWAY. REPLACE WITH 8" COMPACTED LIMEROCK' BASE (PER I M —DCPW MANUAL SECTION 51) AND 1" TYPE S -III ASPHALT PAVEMENT (PER FDOT SPEC. SECTION 331). F-- 2.5' C/° c o !LPI 5'.r - -L —� CUT EXIST. SAN. SEWER •i I I iN I LATERAL AND CONNECT 1,25' ; I PROP. 4" PVC SAN. SEWER LATERAL I C/O C/C � --- J I I .I 29.3' ' PROP. 4" SAN. -- � - -- - - -- - - -- — SEWER LAT. MST. SEPTIC TANK T BE DECOMMISSIONED PER � I i FDOH REQUIREMENTS I 4b' I i j EXIST. ASPHALT Ts 122.5' I 22.5 1 NOTES: 1) PROP. LATERAL TO BE D.I.P. IF GROUND COVER LESS THAN 24 '. /I I 2) PRIOR APPROVAL FROM THE ENGINEER IS l REQUIRED TO SLOPE PROP. LATERAL AT LESS THAN 1 I� Il V /FOOT. III I II 3) CLEAN —OUTS SHALL BE INSTALLED NOT MORE o THAN 50' APART ALONG THE PROP. LATERAL Z SCALE: 1" = 20' fGmley -Hom CITY OF SOUTH MIAMI o ®�❑ and Associates,Inc. NEZ, P.E. POLICE DEPARTMENT 8603 SOUTHDDEHWAY,EM220,hAJAFL33M Statetof Rprdo License #56704 PROPOSED SANITARY SEWER LATERAL Phone (305)662 -6445 Fax (305)662 - 6492 Date:' � 2; f 4 SANITARY SEWER PLAN C -3 ., _ a,,7 , 7 7 r ., I lk r .`gs�.. -, ,.� -.::�• .n3?'�,;, ^_ .-�,. .'� -. P,:- F.`�^s : ... ,,;^e�m mv.,�., ..., ,,i�- -mss;,.: .�en3t:�t �aa'�h'�„'�s_^....,*�+� A�;+?7", � ;,.,�,-r.�.3'"=x';cr.,- � x,.�,;?.:'4" =-�- c*,��:r'���*� —> ��.,,. �°:.�., a�rs.;�, rx ,� ,,. : 0 cc wwwwwco O r 00 C70 '� C70 CKI ULLI o 00 co -o—m00 Z W CD S O W c0: O N N N N N N. N N. a m Ess 091 et C14 C) O C) O N 00 0000r M '.CD CV O O C> Z M'M O O M O IV N .- Q 40- EA Es» I Efr Es3 69 EFr ; x LU o_ Y U O a a z, Cl) M Cl) M co Cl) O O O O O O O O O O O O LU Q N q \\ O M N C-4 '.�— � N LO N N ^-.N . N C� N N U C:) r � N Q i$ N O CD C) O CN I ''.Lo H S M H} ti- Z U 69 EA r /W V � Z O ✓/ d D< W�/� r Vr. Q O O O O O U 1--; Z' E E 2 O V o o ca o' (- Lii, v a U le CO = E ° rn °s M; o °- a`) G�, c E a c d w' QW Cf) co O a , Q o M 0 w>' "' 2 c X w E 0 0, =, a � ,- C �' � �J,�, o'. b ° F- Q ''..2� n z �� Q .`gs�.. -, ,.� -.::�• .n3?'�,;, ^_ .-�,. .'� -. P,:- F.`�^s : ... ,,;^e�m mv.,�., ..., ,,i�- -mss;,.: .�en3t:�t �aa'�h'�„'�s_^....,*�+� A�;+?7", � ;,.,�,-r.�.3'"=x';cr.,- � x,.�,;?.:'4" =-�- c*,��:r'���*� —> ��.,,. �°:.�., a�rs.;�, rx ,� ,,. TO: Honorable Mayor, Vice Mayor DATE: December 16, 2003 & City Commission FROM: Maria V. Davis ITEM No. City Manager RE: Request o authorize City Manager to execute a professional service agreement with Kimley- Horn &Associates, Inc. for Snapper Creek Traffic Plan /Study 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 WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR SNAPPER CREEK TRAFFIC PLAN /STUDY FOR AN AMOUNT OF $13,900.00 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION TAX FUND ACCOUNT NUMBER 124 -1730 -541 -4455; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS As one of our general engineering professionals, Kimley -Horn & Associates, Inc. (KHA) will be providing,' transportation planning services and a traffic engineering study within the Snapper Creek area. The area is bound by 'SW 62nd Avenue on the west, Red Road on the east, Snapper Creek Canal on the south and SW 80th Street on the north. The services will include data collection, such as Daily Volume counts at the following locations: ❑ SW 81St Terrace west of Red Road ❑ SW 82nd Street west of Red Road • SW 83rd Street west of Red Road • SW 84th Street west of Red Road ❑ SW 62nd Avenue south of SW 801h Street ❑ SW 59th Avenue south of SW 80' Street ❑ SW 58th Avenue south of SW 8'01h Street ❑ Red Road south of SW 84th Street ❑ Red Road south of SW 83rd Street Red Road south of SW 82nd Street Page 2 of 2 Comm. Mtg. Agenda December 16, 2003 Data for AM peak period turning movement counts will be collected at: ❑ Red Road and SW 801h Street ❑ SW 62" d Avenue and SW 80th Street Data for AM peak period origin- destination counts will be collected at: ❑ SW 81St Terrace at Red Road — Eastbound Right -Turn ❑ SW 82nd Street at Red Road - Eastbound Right -Turn ❑ SW 83rd Street at Red Road - Eastbound Right -Turn ❑ SW 84th Street at Red Road - Eastbound Left -Turn ❑ Epiphany School Entrance at Red Road - Inbound Traffic One stakeholder meeting will be held with city staff and neighborhood residents to present results of the data collection and analysis, and discuss the proposed turning restrictions. At the conclusion of the study, one presentation will be made to the City Commission to summarize the results and recommendations and a final report will be prepared. KHA anticipates completing the study in approximately ninety days after notice to proceed is issued, Attachments: Proposed Resolution o Professional Engineering Services Work Order ❑ Map of project area MVD/ (WAB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38- 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 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 WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR SNAPPER CREEK TRAFFIC PLAN /STUDY FOR AN AMOUNT OF $13,900.00 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION TAX FUND ACCOUNT NUMBER 124 -1730- 541- 4455; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of Kimley -Horn and Associates, Inc., to provide traffic plan /study for the Snapper Creek area which is bound by SW 62 °d Avenue, Red Road, SW 80th Street and the Snapper Creek canal; and WHEREAS, Kimley -Horn is one of the City's approved Professional General Engineering Consultants; and WHEREAS, the proposed services shall be funded through the People's Transportation Tax Fund. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1: The City Manager is authorized to execute _a Work Order with Kimley -Horn & Associates, Inc. for the professional services in connection with traffic plan/study for the Snapper Creek area, in an amount not to exceed $13,900,00. Section 2: That the proposed services shall be charged to People's Transportation Tax Fund Account number 124- 1730 - 541 - 4455. Section 3: That the attached proposal, Professional Service Work Order, be made a part of the resolution. PASSED AND ADOPTED this day of ATTEST: Maria Menendez, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY .92003 APPROVED: Horace Feliu, Mayor Commission Vote: Mayor Feliu: Vice Mayor Russell: Commissioner McCrea: Commissioner Bethel: Commissioner Wiscombe 1 Kimley -Horn and Associates, Inc. December 3, 2003 suite 157 5100 NK 33rd Avenue Ft. Lauderdale, Florida 33309 Mr. Ajibola Balogun City of South Miami" Public Works Director 4795 SW 75d' Avenue outh Miami, Re: Snapper Creek Traffic Calming Plan Dear Mr. Balogun: Kimley -Horn and Associates, Inc. ( "KHA ") is pleased to submit this letter agreement ( "Agreement ") to the City of South Miami ( "the Client ") for transportation planning services related to the Snapper Creek Neighborhood. The purpose of this study is to assess the magnitude of cut- through traffic in the neighborhood, which has been identified as a problem particularly in the A.M. peak hour when traffic accesses the Epiphany School. We have developed a scope of services based on our understanding of your needs and budget for transportation planning and traffic engineering services within the study area, which is bound by SW 62nd Avenue on the west, Red Road on the east, Snapper Creek Canal on the south, and SW 80th Street on the north. Our proposed scope of services, schedule, and fee are as follows: E SCOP OF SERVICES s � .., Es Task I - Stakeholder Kick -Off Meeting A stakeholder kick -off meeting will be organized by the City with neighborhood residents. The purpose of this meeting will be to provide the residents an opportunity to reaffirm the existing traffic issues within the study area to provide direction for the study's focus. The turning restrictions previously proposed will be presented and discussed This meeting will be held in a City facility and, if necessary, any public notification will be performed by the City of South Miami. Task II = Data Collection Traffic data will be collected to measure the existing traffic conditions at key locations within the study area. The traffic data collection' effort will include TEL 954 739 2233 FAX 954 739 2247 ,�'ad. °�_�,'a, -° r�;z�^ °,r y.: ter=... , «�„,E, ..- ..,x�° s',s"'",�'"st:.e°xs -, < r ei,;.r ;c,...., �— e�4 F;,''€^"o-"�.m z;`'r:5. �s-s�,�� •� ,�,; '�t Klmiey-Horn Mr. Ajibola Balogun, December 3, 2003,; Page 2 and Associates, Inc. A.M. peak hour turning movement counts, roadway volume counts, and origin - destination counts. The following data may be collected: Daily Volume Counts • SW 81" Terrace west of Red Road • SW 82nd Street west of Red Road • SW 83rd Street west of Red Road • SW 84"' Street west of Red Road • SW 62nd Avenue south of SW 80th Street • SW 59th Avenue south of SW 80"' Street • SW 58"' Avenue south of SW 801 Street • Red Road south of SW 84th Street • Red Road south of SW 83rd Street • Red Road north of SW 82nd Street A.M. Peak Period Turning Movement Counts (6.45 A.M. to 8.45 A.M.) • Red Road and SW 80'h Street • SW 62nd Avenue and SW 80th Street A.M. Peak Period Origin- Destination Counts (6.45 A.M. to 8.45 A.M.) ■.. SW 81st Terrace at Red Road — Eastbound Right -Turn _ ■ SW 82nd Street at Red Road — Eastbound Right -Turn SW 83rd Street at Red Road — Eastbound Right -Turn ■ SW 84"h Street at Red Road — Eastbound Left -Turn ■ Epiphany School Entrance at Red Road - Inbound Traffic If additional locations for improvements (i.e. turning restrictions) are identified in the stakeholder kick -off meeting, additional traffic data collection may be necessary. Any additional traffic data collection will be considered an additional service and require additional fee. in addition to the above listed traffic data, a field review of the study area will be conducted during the A.M. peak traffic period to help identify operational issues related to cut - through traffic. Task III — Data Analysis Results from the data collection efforts will be summarized and evaluated to determine (1) the existing traffic conditions including the magnitude of cut - through traffic and (2) the future traffic conditions considering the previously proposed turning restrictions or other alternative neighborhood traffic management strategies developed in this study. Operational analyses, using a methodology consistent with the 2000 Highway Capacity Manual, will be performed at the two (2) intersections where turning movement count data is collected to assess the impacts of traffic flow modifications. Klmiey-Horn Mr. Ajibola Balogun, December 3, 2003, Page 3 and Associates, Inc. Task IV — Conceptual Improvement Plan Based on the outcome of the data collection and analysis, and input from City staff and neighborhood representatives, the neighborhood traffic management plan may be further refined. Additional improvements and/or modifications to the previously proposed turning restrictions may be identified to address neighborhood traffic issues. Task V - Stakeholder Meeting/Commission Presentation One (1) stakeholder meeting will be conducted with City staff and neighborhood stakeholders to present the results of the data collection and analysis, and preliminary recommendations. This meeting will be organized by the City. Based on the outcome of this meeting, the neighborhood traffic management plan may be refined. At the conclusion of the study, one (1) presentation will be made to the City Commission to summarize the results and recommendations. Task VI - Report A report will be prepared summarizing the data collection, data analysis, and proposed conceptual improvement plan. The report will also include summaries of the meetings conducted during the development of the neighborhood traffic management plan. Ten (10) bound copies and one unbound set of originals will be provided. Task VII — Miami -Dade County Public Works Coordination A maximum of two (2) meetings will be held with City staff and the Miami -Dade County Public Works Department to present the study methodology, findings, and recommendations. The purpose of these meetings will be to answer questions from County staff to expedite the implementation of the proposed neighborhood traffic management plan. Task VIII — Additional Services We will provide, as requested and authorized by you, additional services that require analyses beyond those' described in Tasks I.through VH. These additional services may include, but not be limited to`. - Attendance at additional meetings and public hearings. Additional traffic data collection. Design services. - Permitting and regulatory assistance. Forensic (expert witness) services. Site /Civil Engineering. Landscape Architecture services. j_ f Klmley-Horn Mr. Ajibola Balogim, December 3, 2003; Page 4 and Associates, Inc. SCHEDULE We will provide our services expeditiously as practical to meet mutually agreed upon schedule. We anticipate that the project can be completed in approximately three (3) months after authorization and notice to proceed. FEE AND BILLING KHA will perform the services described in Tasks I through VII of the Scope of Services for alump sum fee of $13,900.00. KHA will perform the services described in Task VIII of the Scope of Services on a labor fee plus expense basis. Labor fees will be billed based upon hourly rates in effect at the time the services are provided. Direct reimbursable expenses such as express mail, fees, air travel, out -of -town mileage, and other direct expenses will be billed at 1.15 times cost. An amount equal to 5..85% of the labor fee will be added to each invoice to cover certain other expenses such as in- house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing computer time. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based, upon the percentage of services completed as of the invoice date for lump sum services, or based on the amount of services performed and expenses incurred through the invoice date for labor fee plus expense tasks. Payment will be due within 25 days of the date of invoice: CLOSURE In addition to the matters set forth herein, our Agreement shall include, and be subject to our currently existing contract. The term "the Consultant" shall refer to Kimley- Horn 'and Associates, Inc., and the term "the Client" shall refer to the City of South Miami.' If_ you concur in all the foregoing and wish to direct us to proceed with the services, pleased have authorized persons execute this Agreement in the spaces provided below and return the letter to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. rtP`,. _ -.-r- ra,--^ '. -°�.•T *'k .3,. #:a>'�-;F�"'v� ., Klmley-Horn Mr. Ajibola Balogun, December 3, 2003, Page 5 and Associates, Inc. We are excited about working with you and the team on this project. Please call Greg Kyle if you have any questions. Very truly yours, KEALEY -HORN AND ASSOCIATES, INC. Gary R. Ratay, P.E. Greg S. Kyle, AICP Associate Project Manager Attachments: Standard Provisions Agreed to this day of , 2003. City of South Miami By: Title: Witness: 0Agky1e\South N iami \120303 Proposal.doc KIMLEY -HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ( "Additional Services ") hereunder. (2) Client's Responsibilities In addition to other responsibilities described herein or imposed bylaw, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority, to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, 'environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which' the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities !of the Client. (3) Period of Services Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance' shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), the rates of compensation provided for in this Agreement shall be renegotiated.' (4) Compensation for Additional Services Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's current hourly rates plus an amount to cover certain direct expenses including ;in -house duplicating, local mileage, telephone' calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, and graphics, etc., will be billed at $25.00 per hour. (5) Method of Payment Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted by the Consultant to the Client' periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all taxes, if any, whether state, local, or federal,` levied with respect to amounts paid hereunder, including but not limited to sales tax. The Consultant shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services under this Agreement until all amounts due are paid in full. (b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the: invoice or the Client's`, objections will be waived, and the invoice shall conclusively be deemed due and owing. (c) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the i Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (6) Use of Documents All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement. They are not intended or represented to be suitable for partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys', fees, resulting therefrom. Any authorization or adaptation will entitle rev 2/03 1 :.N-. �,.. ^�.r-- ,.,� —.� 'r`I , � ';^.,;r°�, €--.ry �: ..;`. mr ='�`� =, r �.�- r . a-•,- '""�"�"� ;�""? , .,��.,� �- ^mss :n ;r.s,;-*m the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardeopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without authorization of the data's creator, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data transferred. (7) Opinions of Cost Because the Consultant does not control the cost of labor, materials, ,equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (8) Termination The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform; in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. In the event of any termination,` the Consultant shall be. paid for all services rendered' and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable' for services will be a proportional amount of the total fee based on the ratio of the 'amount 'of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed.' (9) Insurance The Consultant is protected by Workers' Compensation insurance, professional liability insurance, and general liability insurance and will exchange certificates of insurance upon request. If the Client directs the Consultant to obtain increased insurance coverage, or if the nature of the Consultant's activities requires additional insurance coverage, the Consultant' will take out such additional; insurance, if obtainable, at the Client's, expense. (10) Liability In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking' herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. To the fullest extent of the law, and notwithstanding any other provisions of this Agreement, the total liability, in the aggregate of the Consultant and the Consultant's: directors, employees, agents, and 'subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, 'costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of:contraet or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50;000, whichever is greater. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. (11) Certifications The Consultant shall not be required to execute any, certifications or other documents that might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability,, applicability, or cost of its insurance. (12) Dispute Resolution All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a' condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual` of the cause of action asserted but in no event later than allowed by applicable statutes. (13) Hazardous Substances and Conditions ; (a) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant to perform any services or to make any determinations involving hazardous substances or conditions,' as defined by, federal or state law. If such services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the: scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services, until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to rev 2/03 2 rg-- . ., u---a , ...— .--- x--i • +�.? -ice;= , °"45 .,." A?5±''r'+?rne ". ;,may-?;,,` . q�'a-: *-�" - s'��" ",h— arr'T, 'i`3n °k` -s.. . !'—e r. « �n TTV"+i'" -'"`5 < < , -,a°"U `cLL5',,e^,M1T'"Z rF= f� proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and terms for such services. i (c) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services of the Consultant. (14) Construction Phase Services (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto, (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means,' methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor' shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall: be made additional insureds under the contractor's general liability insurance policy. (15) Assignment and Subcontracting This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. Neither the Client nor the Consultant shall assign or transfer any rights under or interest in this Agreement without the written consent of the 'other. However, the Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided. by in -house employees, contract employees, or independent subconsultants. (16) Confidentiality The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miscellaneous Provisions This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. This Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. rev 2/03 3 8001800 8001 6200 6150 6120 6040 6020 6000 Sag 8025 8020 030 8035 6151 6051 6041 6021 6001 8030 040 8045 7 100 8101 8100 E15 8125 8120 8141 8140 6051 6041 6011 6001 k 20 8210. 8205 8200 8201 8201 8202 6200 5 21 8220 8215 8220 8225 8225 22 8230 ` 8225 23 8240 8235 8240 8235 8290 8234 8235 301 8300 8301 8300 8301 8300 8301 8300, 31 1 8310 C834 8315 8310 8325' 8320 3218320 8325 8340 33 8340 8377' 6155 6045 8360 a% -1 6250 6220 6200 01 15 6040 020 000 6245 6255 6225 6201 49 614 6091 Q. STH ST PF 6256 6240 6220 6200 6160 6150 6090 6060 6020 0 6151 6131 6111 6041 6021 6001 SW 6 H ST 6260 6240 6220 6200 6150 6048 6040 6020 6000 8763 *8762 8765 k;•� 8773 8772 8775 OS 60 1 05160 60 1 60 1 8783 8782 8785 ' 61 02 001 150 8800 6140 6100 0 6052 40 8860 8875 6084. 8 5990 5970 5960 59405920 5800 5900 59915971 82 596159415921 5801, 5950 5901 587 . 85 83 5820 5800 5871; 8515 3 1 1 82 5801, 5790 5770 5750 5714, 5702 p 8020 5711 5950 0 5950 0 5800 5792 5750 5753 8 11 5717 5713 5761 5600 �. 5520 i 1 0 0 8019 8101 8151 8235 5645 k2 5685 64 5680 60 5685 64 E5645 60 62 5678 6 5695 N' 5530 - vvii 5795 '5787 5711 5950 0 5950 0 5800 5792 5750 570' 0 5600 �. 5520 i 1 0 0 8019 8101 8151 8235 5645 k2 5685 64 5680 60 5685 64 E5645 60 62 5678 6 5695 N' 5530 South Miami o �r U, � Ali- Am�ieaCity 1 U CITY OF SOUTH MIAMI INCORPORATED 2 1927 �, OFFICE OF THE CITY MANAGER 3 ° R`° INTER- OFFICE MEMORANDUM 2047 4 5 6 To: Honorable Mayor, Vice Mayor Date: December 8, 2003 7 and City Commission 8 9 From: Maria V. Davis Subject: Agenda Item # 10 City Manager ` Public Hearing 11 12/16/03 12 13 14 REQUEST IS 16 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 17 SOUTH MIAMI, FLORIDA, RELATING TO 2004 LEGISLATIVE PRIORITIES; 18 APPROVING LEGISLATIVE PRIORITIES; DIRECTING THE CITY MANAGER TO 19 FORWARD LEGISLATIVE PRIORITIES TO APPROPRIATE ENTITIES; 20 PROVIDING AN EFFECTIVE DATE. 21 BACKGROUND AND ANALYSIS A Florida Statute requires that all agencies submitting funding requests to the Florida Legislature hold a public hearing to discuss its legislative and funding priorities for the Legislative Session. Our funding priorities for the upcoming session have been determined by the Commission to be as follows: Water Distribution System Improvements, Stormwater Drainage Improvements, Murray Park Swimming Pool- related and Fitness Center Improvements, Palmer Park Improvements and the Youth Transportation Initiative. These "items were presented to the Miami -Dade Legislative Summit on Wednesday, December '3rd. Lobbyist Fausto Gomez will be present at the City Commission meeting on December _16th to discuss the items and the process. RECOMMENDATION Your approval is recommended. tCITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor Date: December 8, 2003 and City Commission From: Maria V. Davis Subject: Agenda Item # City Manager Public Hearing 12/16/03 REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 2004 LEGISLATIVE PRIORITIES; APPROVING LEGISLATIVE PRIORITIES; DIRECTING THE CITY MANAGER TO FORWARD LEGISLATIVE PRIORITIES TO APPROPRIATE ENTITIES; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS A Florida Statute requires that all agencies submitting funding requests to the Florida Legislature hold a public hearing to discuss its legislative and funding priorities for the Legislative Session. Our funding priorities for the upcoming session have been determined by the Commission to be as follows: Water Distribution System Improvements, Stormwater Drainage Improvements, Murray Park Swimming Pool - related and Fitness Center Improvements, Palmer Park Improvements and the Youth Transportation Initiative. These items were presented to the Miami -Dade Legislative Summit on Wednesday, December 3rd. Lobbyist Fausto Gomez will be present at the City Commission meeting on December 16th to discuss the items and the process. RECOMMENDATION Your approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO "2004 LEGISLATIVE PRIORITIES; 5 APPROVING LEGISLATIVE PRIORITIES; DIRECTING THE CITY MANAGER TO 6 FORWARD LEGISLATIVE PRIORITIES TO APPROPRIATE ENTITIES; 7 PROVIDING AN EFFECTIVE DATE. 8. 9 WHEREAS, the Mayor and City Commission of the City of South Miami have identified Water 10 Distribution System Improvements, Stormwater Drainage Improvements, Murray Park Swimming ,Pool- 11 related and Fitness Center Improvements, Palmer Park Improvements and the Youth Transportation 12 Initiative as priorities for the current year; and 13 14 WHEREAS, the Florida Legislature will be meeting shortly to prepare the State's budget; and 15 16 WHEREAS, the Mayor and City Commission desire to seek funding through the `f Legislative 17 process to accomplish the identified improvements;. and 18 19 WHEREAS, Florida statute requires that all entities requesting State funding hold a' public 20 hearing before a body of duly elected public officials before a funding request can be submitted to the 21 Legislature. 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. The following legislative priorities have been approved for forwarding to 27 the Florida Legislature:` Water Distribution System Improvements, Stormwater Drainage Improvements, 28 Murray Park Swimming Pool - related Improvements, Murray Park Fitness Center Improvements, Palmer 29 Park Improvements and the Youth Transportation Initiative. 30 31 Section 2. The City Manager's office is hereby directed to forward Legislative Priorities 32 attached as Exhibit "A" to appropriate entities. 33 34 Section 3. This resolution shall take effect immediately upon approval. 35 36 PASSED AND ADOPTED this day of 12003. 37 38 ATTEST: APPROVED: 39 40 41 CITY CLERK MAYOR 42 43 Commission Vote: 44 READ AND APPROVED AS TO FORM: Mayor Feliu: 45 Vice Mayor Russell: 46 Commissioner Bethel: 47 Commissioner McCrea: 4$ Commissioner Wiscombe: 49 CITY ATTORNEY 50 Additions. shown by underlinina and deletions shown by z South Miami SOUTH AIRmerica City H � U � INCORPORATEa � .1927 .�C o R 14, P 2001 CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: December 16, 2003 Commission Members ITEM NO. From: Maria Davis RE: Special use Approval r City Manager Stealth Antenna 6781 Sunset Dr. (B) PB -03 -019 Applicants First Baptist Church of South Miami and Verizon Wireless Location:'' 6781 Sunset Drive Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INSTALL A STEALTH ; ROOFTOP CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The applicants, First Baptist Church of South Miami and Verizon Wireless are requesting approval to place a stealth cellular antenna on the church's property located at 6781 Sunset Drive. The facility will consist of antennas mounted inside a religious cross feature mounted at the roofline of the main sanctuary building. The existing religious cross on the south fagade will be replaced with a new cross. The highest point of the new cross with the antenna will be 112 feet above grade (40 ft. above the 72 ft. height of the structure). The antennas will be connected to an equipment cabinet to be located on the roof but not visible from Sunset Drive or SW 67th Ave: SITE ANALYSIS 1) The church property consists of a combined sanctuary and school building and two accessory structures in the rear. The sanctuary building with the bell tower is built to a height of 72 ft. The lot size is over 7 acres: Special Use Approval 6781 Sunset Drive Page 2 of 4 2) The existing zoning on the property is "PI', Public Institutional Use District which permits churches, schools, and government facilities. The maximum height of buildings in this district is to be compatible with the height of surrounding districts. The height approved for the church is 72 ft., thereby establishing the applicable height for the district at this location. 3) The property is surrounded by the following zoning districts and existing uses: ZONING EXISTING USES North RS -3 Low Density Residential Single Family Residential East LO Low Intensity Office Office building/ 2 stories South RS -2 Semi- Estate Residential Single family residences PI Public Institutional Church West RS -2 Semi- Estate Residential Single family residences APPLICABLE REGULATIONS 1) The City's- Land Development Code contains extensive regulations for _ siting of telecommunications tower and antennas. The proposal in this application is considered a `stealth facility as defined in Section 20 -10.2 of the LDC`. "Stealth Facility —Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include, but are not limited to, architecturally screened, roof - mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like poles, power poles or trees" 2) The proposed facility is subject to requirements and minimum standards spelled out in Section 20 -10.4 which requires the submission of the following: a) A property owner's letter consenting to the installation; b) An affidavit stating that within one -half mile of the site there are no other structures which can accommodate the facility(collocation), c) An affidavit stating that there will be no interference with other wireless communications in the vicinity; d) An affidavit stating that the facility is designed to meet the current wind load criteria as set forth in the South Florida Building Code; e) An affidavit that the facility is compatible with the design of the existing structure. Special Use Approval 6781 Sunset Drive Page 3 of 4 3) Section 20 -10.6 of the LDC provides that in certain zoning districts, a telecommunications tower may be approved administratively by the City Manager after review by the ERPB. However, this application is essentially a stealth tower which is defined as "a structure which blends into the existing surroundings." It can be located in a "PI" zoning district if approved via the special use approval process. Specifically, Sec. 20 -10.6 (A) lb states that "stealth towers not exceeding 125 feet in height shall be permitted.... pursuant to special use approval in the following zoning 'district: Public /Institutional ". The approval process requires the affirmative vote of four City Commissioners, after receipt of a recommendation from the Planning Board. 4) In addition to the. above, all special uses must comply with the conditions specified in LDC Section 20 -10.7 Procedure for Special Use, LDC Section 20- 3.4(A) requiring compatibility with the surrounding uses, and LDC Section 20 -5.8 'requiring that the proposed use not adversely affect the health or safety of persons in the vicinity nor will it be detrimental to the public welfare or property in the area (LDC Sections attached): STAFF OBSERVATIONS 1) The applicant has submitted the appropriate documentation concerning no other compatible location being available, collocation potential (see letter from Nextel), compliance with the Building Code wind load standards, and a non- interference statement. 2) The height of the current' cross is 22 feet above the 72 foot height of the building for an overall height of 94 feet above ground. The cross appears to be only a few inches wide. 3) The proposed stealth tower antenna also in the form of a cross will be 40 foot above the .72 foot height of the building for an overall height of 112 feet above ground. The new cross will be 18 inches wide; the cross arm section will be 7 1/2 feet in length. 3) The use of a religious cross as an antenna can be a good example of the stealth principle, however, the size and height of the stealth tower (cross) will be visually` dominant in the surrounding residential area made up of one story single family homes. 6) The proposed tower, at the scale proposed, will detract from the architectural character of the building on which it is being located. 7)- As a special use the application is not compatible or complementary to the surrounding uses and as such does not meet the requirements set forth in Section 20- 3.4(A)(2) of the LDC. PLANNING - DEPARTMENT RECOMMENDATION The Planning Department recommended denial of the special use application as submitted due to the observations and concerns expressed above. The applicant at the meeting agreed to amend the submitted request by keeping the height of the antenna to the existing height of 94 feet. Based upon the height concession offered by the applicant, the Planning Department then recommended approval. ���- g.,,� -4�= �-�TM.. ..•.� -, >,< �n� —gym. �, —.., �� ._,., , ..,,.�. Special Use Approval 6781 Sunset Drive Page 4 of 4 PLANNING BOARD ACTION The Planning Board failed to adopt a motion with conditions recommending approval of the special use application by a vote of 2 ayes (Gibson, Morton) and 4 nays. RECOMMENDATION If the applicant agrees to limit the height of the stealth antenna tower to the height of the existing cross, the visual impact on the surrounding residential community will be minimized. Approval of a modified application is recommended. It is important to note that the approval of the application or a modified application requires the affirmative vote of four City Commissioners Attachments: Application Location map Letter of intent, 10 -16 -03 Affidavits Communication - Nextel' 11 -10 -03 Site plan Illustration photos Excerpt f tom Planning Board Minutes 11125103 LDC Sections, 20 -3.4; 20.5.8, 20 -10.6 Copies of Public notices MD /SAY EAComm Items\2003 \12- 16- 03\PB -03 -019 Stealth 6781 Sunset.doc IVIIHIVII umill. I nLG V IGVY Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF`MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County,Flonda, that the attached copy : ' u1 advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING- 12/16/03 RES. REQUEST PURSUANT TO SECTION 20 -10.6, ETC. in the XXXX Court, was published in said newspaper in the issues of 12/05/2003 Aff iant 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 next preceding the first publication of the attached copy of advertisement; and affiant further says that he or She has neither paid nor promised any person, firm or corporation i any discount, r te, co mi ` r'refund for the purpose of securing Is a e i ent for p blication in the said newspap ' Sworn to and s s ribed before me this 0 y of EMBER A. 3 (SEAL) O.v. FERBEYRE pers known to me OFFICIAL NOTARY SEAL jANETT LLERENA NOTARY PUBLIC SPATE OF FLORIDA COMMISSION NO CC 912958 MY COMMISSION EXP. E 23,2004 ., €�,i �P�" , .,sm,.: �°. �,�_.'�" rt; >fi%` °'zz^ra«°"�- ";�?!�` r�[. �' nas€< N�; t' i" i' e�.^ �;: r.=,`��. ^Frx`�°'°':.��,:`?"gH,t :''s'P, v'^-. ��sF�' ��s 'fl«,.��.-+,5�,�YS.t'^�x',t?:"vF .. Fn''F�"•:a�°'... ,r�-, r�� � - ;i�"'y;:., 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 6 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 7 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE 8 APPROVAL TO INSTALL A STEALTH ROOFTOP CELLULAR ANTENNA 9 TOWER ON PROPERTY LOCATED AT 6781 SUNSET DRIVE WITHIN THE 10 "PI ", PUBLIC /INSTITUTIONAL ZONING DISTRICT 11 12 13 WHEREAS First Baptist Church of South Miami and Verizon Wireless have 14 submitted an application for a special use to allow a stealth rooftop cellular antenna 15 tower on property located at 6781 Sunset Drive "PI" Public / Institutional Zoning 16 District; and 17 18 WHEREAS, Section 20 -10.6 of the South Miami Land Development Code 19 provides that a stealth antenna tower is permitted in a " PI" Public / Institutional 20 Zoning District as an accessory use pursuant to a special use approval process ;and 21 22 WHEREAS, a stealth communications facility is subject to requirements and 23 minimum standards specified in Land Development Code Section 20 -10.4 in 24 addition to compliance with conditions set forth in Land Development Code Sections 25 20- 3.4(A) and 20` -5.8, applicable to all special use approvals; and 26 27 WHEREAS. The approval of a special use requires a recommendation from 28 the Planning Board and the affirmative vote of four members of the City 29 Commission after public hearing; and 30 31 WHEREAS, on November 25, 2003, the Planning Board failed to adopt a 32 motion with conditions recommending approval of the special use application by a 33 vote of 2 ayes and 4 nays. 34 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 Section 1: That a special use approval is hereby granted for placement of a stealth 41 rooftop antenna tower on property located at 6781 Sunset Drive. 42 43 44 45 46 47 I Section 2: This resolution shall take effect immediately upon approval. 2 3 4 PASSED AND ADOPTED this day of 52003. 5' 6 7 ATTEST: APPROVED: 8 9 10 CITY CLERK MAYOR Ll 12 13 READ AND APPROVED AS TO FORM: 14 15 16 17 CITY ATTORNEY 18 19 20 21 22 23 24 25 26 27 28 29' 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 EAComm Items\2003 \12- 16- 03\PB -03 -019 Stealth Resolution.doc - :;RPM City of South Miami MENEM Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: V15,e Y'1 Ve Lot(s) Block Subdivision Meets & Bounds: reliant: a ®0 Q 5 one: B R u� Organization: SbA &-,f Vlcl Address W Phone: Property Owner: , ,p (: I\VK at' Signature: Nt P . ev Mailing Add ess: , Phone: QQ 7F) q�i hyivf , 56A M I Architect/Engineer Phone: '* sty . -'' 0(1 C1 ,91 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase — Option to purchase enant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING:' SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEA S€ CHECK ALL THAT APPLY: _ Text Amendment to LDC _variance ktefter of intent _ Zoning Map Amendment pecial Use _Justifications for change _ PUD Approval _Special Exception Statement of hardship, PUD Major Change _Other Proof of ownership or iletter from owner wer of attorney Brie fly explain application nd cite specific Code sections; _Contract to purchase Q Current survey (1 original sealed and — ®( yka sign d/1 reduced copy @ 11° x 17 ") 9/'f5 co p ies of Site PI an and Floor Plans A 0!o r 1 reduced copy @ 11" x 17" 0 S _ 20% Property owner signatures C p C� ��� Section: Subsection: Page #: Amended Date: L- 41ling labels (3' sets ) and map tt- equired Fee(s) The undersigned has read this completed a plication and represents that the information and all submitted materials are true and orrect to the best of the applicant's knowledge and belief. 6 / Applicant's Signature d title D to Upon receipt, application and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment' 8/2/00 City of South Miami' PB -03 -019 Special Use Approval - Stealth Rooftop Antenna First Baptist Church of South Miami and Verizon Wireless 6781 Sunset Drive 6700 70 70 65 6708 6712 70 0 0 0 0 O 0 6716 6751 0 6830 6800 6790 6740 6706 6736 0 0 6780 0 755 74 0 0 6792 6800 6701 6721 6741 6761 6781 6801 0 6864. 6848 6832 6816 6800 6801 6830 SW 68TH C� < 6821 6850 6 6740 F6720 6700 C 6675 ' 6665 6655 � 6841 6900 6875 6861 6845 6831 6815 6801. 0 6781 D 6905 TE 6761 6741 6721 6701 6680 6660 6670 6940 �7 _ 0 6925 6940 6931 SUBJECT 6990 7001 6951 6780 6760 6740 6720 6700 PROPERTY 6935 7010 6945. 0 Y , 7045 0. 7011 a 6955 69TH LA 6901 7020 7009 7051 7029 g 6610 7115. 6863 7040 F-- SW 70TH LA 7049 U 0 7101 7113 7125 7100 T 00 6701 SW 71 ST LA 7133 7135 6891 6871 6851 6841 C 6821 811 7145 � 7143 S, 1SET DR SW 72ND ST 6890 6880 U 6868 6800 _ 6790 6750 6896 7222 7221 7250 6900 v 7301 7300 7300 1 _ 5951 7250 fA 7340 7341 6795 6755 73 7341 7340 7335 7300 7380 7381 73 7355 7401 7400 SW ' 74TH ST TH S 736 7400 7401 6700 7401 6871 6851 7421 7420 6790 6770 6750 6730 k7410 7435 7441 7420 7411 0 ` 300 600 900 1,200 1,500 Feet BA _ ils October 16, 2003 VIA HAND DELIVERY City of South Miami Department of Planning and Zoning 6130 Sunset Drive South Miami, Florida 33143 Re: Proposed Stealth Rooftop Antennas at the First Baptist Church of South Miami 6781 Sunset Drive. Mr. Youkilis On behalf of VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d/b /a Verizon Wireless (LESSEE) and the First Baptist Church of South Miami (PROPERTY OWNER) we are submitting this letter and the supporting documentation as a request for a Special Use Permit to install stealth rooftop antennas inside a'Cross pursuant to Article X, Section 20 -10 of the City of South Miami's Land Development Code. In this case, Verizon is proposing to install three (3) antennas inside a cross on the rooftop of the First Baptist Church. Verizon will replace the .existing cross with one that will house their antennas and allow space for two more antenna installations or collocations. The existing cross extends 22 feet above the bell tower structure (72ft.) for a total height of 94 feet above ground. Verizon proposes to extend the existing cross height by 18 feet or 40 feet above the bell tower structure for a total height of 112 feet from the ground to the top of the cross. The computer equipment cabinets will be on the roof as well and will be screened from view by the taller church structure. This property, according to the City of South Miami Zoning Map, is located within a PI district at 6781 Sunset Drive (Folio #09- 4026 -000- 0130). According to Article X, Section 20 -5.8 Special Use Approval, prior to approving a special use the city; commission should review the application based on the following criteria. Below are the criteria and a narrative detailing Verizon's compliance with each: • Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use. Verizon's stealth cross antenna facility will be designed according to all local, state, and federal codes and regulations and telecommunication industry standards. Detailed drawings certifying the proposed stealth cross will be provided to the City of South Miami Building Department as a part of Verizon's building permit application. The antenna facility is safe and will even enhance Emergency E911 services in this area of the -City of South Miami and Miami -Dade County. • Will not be detrimental to the public welfare or property or improvements in the neighborhood. The proposed stealth cross will not be detrimental to the surrounding neighborhood as it is designed to blend. into the existing structure and neighborhood. All the antennas will be housed inside the stealth cross and will not be visible. The cross and coaxial cables will be painted to match the color ` of the existing cross and church building. The associated equipment cabinets will be installed on the north side of the church's roof and will not be visible from Sunset Drive or Ludlam Road. Also, Verizon is designing the cross to allow for two additional antenna installations for a future collocation by Nextel Communications and any other interested wireless antenna company. Complies with all other applicable Code provisions.` Verizon's stealth cross antenna facility will comply with all other applicable' City Code provisions. The proposed cross antennas are a permitted use in the PI zoning district requiring Special Use approval. Following Special Use Approval, Verizon will obtain a building permit that will ensure compliance with all local and state building code requirements. Attachments: • Power of Attorney • Warranty Deed a 15 site plans and 1 (l Ix17) • $1,750.00 Special Use Fee • $1,500.00" Telecommunication Review Fee 0 3 copies of the Public Notice Labels and map • Application Notification Affidavit • Photo- simulations • Wind - loading Capacity Statement ® Non- interference Statement If you have any questions please contact me at my office (561) 226 -9453 or my email iproffittgsbasite.com. r r. .---- �- �- �-- - ��-- :,- �,.�, . .,. , . , :.., r• m� �� .tee Thank you, Jus T. Proffitt Zoning Specialist SBA Network Services, on behalf of Verizon Wireless ..<"'St ISBAE AFFIDAVIT Verizon Search Ring: #68233 Verizon Site Name: First Baptist Church of South Miami — Stealth Cross I, Justin Proffitt, Zoning Specialist, attest and affirm that based on an extensive review of the search area 468233, issued by Verizon Wireless on July 19, 2001, no useable tower or antenna support structure, city or privately owned,; meeting Verizon's requirements was identified. This review is based on Verizon's intended coverage area and within a radius of a %2 mile surrounding the proposed stealth ,cross antenna facility. Attached to this affidavit is a map and inventory of all existing towers or antenna support structures submitted to Verizon Wireless staff for review and consideration. Also, attached is a copy of an email correspondence between the Assistant City Manager, Orlando Martinez, and I discussing the city's lack of interest in using the baseball field light poles at the City's Palmer ark. Justi Proffitt, BA Network Services, INC. D to Notarized Statement: STATE OF rib P & �5 COUNTY OF The foregoing instrument was acknowledged before me this day of ()C40 , 200jr, D by t 12®: rzf �� � e (AF (OFFICIAL TARY SIGNATURE) " `%N, EUZABETH M. REGA NOTARY PUBLIC —STATE OF Fl die / )SA MY COMMISSION # CC 999115 ay Bond d XThru Notary P blic Underwrtters My commission expires: ��/ ( PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: G V`I" , 777 Yamato Road - 6th Floor Gustavo Dezzuto Boca Raton, Florida 33431 Construction Project Manager (561) 995 -5794 fax (561) 995 -5568 September 16, 2003 Sanford Youkilis City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Re' Proposed Wind- Loading Capacity Stealth Cross Housing Verizon's Antennas. Mr. Youkilis: The proposed stealth cross will be designed in accordance with the 2001 Florida Building Code, City of South Miami Codes and Ordinances, and the= TIA/EIA — 222 -F 1996 "Structural Standard for Steel Antenna Towers and Antenna Support ing Structures." The wind load requirement is based upon a 3- second gust wind speed condition of 146 MPH with no ice for Miami -Dade County. Detailed drawings certifying.the proposed` monopole tower will be provided to the City of South Miami Building Department as a part of Verizon's building permit application. If you have any q r nee dditional information please contact me at my office (561) 995 -5794. uestio Thank o Gustavo ezzuto Construction Manager Verizon Wireless STATE OF r' 4e7C bf COUNTY OF W41 I"rt The foregoing instrument was Sworn to and Subscribed before me this `day of ae_ 20 by 1 --? e-17 V who is personally know to me _or-.---wlter ---- has -� ca ion. Witness my signature and official seal this / � day of in the County and State aforesaid. Print Name of Notary Pub ' __. Signature of Notary Public e2Y P41,9 OFFlGL4liVOTAAYSEAe I' JOSEPHINE CONDE My Commission Expires: 110 COMMISSION NUMSER DD 024074 WCOMMESIONEXPIRES ofpig MAY 8,2005 v'w -- •--°^ ,,,�, , , ,,,mm^.n— ,r.,. r: , , -'.;. ...,.?-' -3 =; e°J'.%'— '!S^.'°";,`' wireless Verizon Wireless 777 Yamato Road Suite 600 Boca Raton, FL 33431 September 16, 2003 Sanford Youkilis Department of Planning and Zoning 6130 Sunset Drive South Miami, Florida 33143 RE: Site name /number: First Baptist Church of South Miami/ #68233 Address: 6767 Sunset Drive, South Miami, Fl. 33143 Dear Sir: Verizon Wireless and /or affiliates ( "Verizon Wireless ") operate a "PCS network authorized by the Federal Communications Commission (FCC) to provide state of the art digital wireless communications in many parts of the nation,` including Florida. Verizon Wireless' operations and network are licensed and regulated by the FCC. The, RF design, as proposed for the above noted site, is. in compliance with all applicable FCC requirements. In addition, the proposed site meets all applicable ANSUIEEE C95. I � 1992 exposure levels, as adopted by the FCC requirements. Verizon Wireless is committed to assuring the safety and welfare of its employees, the public and the environment. Additionally, upon receipt of notification from the FCC and/or The City; of South Miami, Florida, that harmful interference is being caused by the licensee's emitter, the licensee shall either immediately reduce the power to the point of no interference, cease operation, or take such immediate corrective action as is necessary to eliminate the harinful interference. If you have any questions, please do not hesitate to contact me of (561) 995 - 5564. You truly, ar a o g, Manager, ystem f rmance STATE OF FLORIDA COUNTY OF PALM BEACH / The foregoing instrument was acknowledged before me this ,� day ofr.�fCa', 2003 by Weimar Taborga, as Manager, System Performance of Verizon Wireless Personal Communications LP, a Delaware Limited Partnership, d/b /a Verizon Wireless. He is personally known to me e&ledttee4 ac rlantifirao v ^ix. (Printed/Typed/Stamped Notary Name) Official otary Signature) Notary Public - State of Florida ®�P�av P& tioraRVSEraL { JOSEPHINE OONDE t COMMISSIOPdNUMBER DD 024074 �My COM MISSION EXPIRES ���OFF�®q MAY 8,2005 Nextel Communications 6700 North Andrews Avenue, Suite 700 Ft. Lauderdale, FL 33309 954 202 - 7500" FAX 954 202 -7501 NOCI 11/10/03 Mr. Sanford Youkilis City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Telecommunication facility application filed by Verizon Wireless located at the First Baptist Church of South Miami at 6781 Sunset Drive, South Miami, Florida. Dear Mr. Youkilis: As per our telephone conversation, `please accept this letter as'_ Nextel Communications letter of intent to collocate on the existing and proposed structure being constructed by Verizon Wireless, at the above referenced property. Nextel is proposing to install three (3) antennas inside the proposed stealth structure, if approved by the City at the November 25, 2003 hearing, in addition to installing an equipment cabinet on the roof (see attached specs), similar to the one being proposed by Verizon. Nextel asks that you please take this letter of intent into consideration when considering the Verizon proposal, to possibly avoid Nextel having to take up the cities time in going through a special exception process as well. Nextel will have a representative at the hearing if the city has any questions or concerns to be addressed. Additionally, I can be reached at 954- 444 -2822 if any further information is needed before the hearing. Thank you in advance for all your time and consideration on this matter. Respectfu ly, Bart Simon Representative for Nextel Communications .my CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, November 25, 2003 City Commission Chambers 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Fla Action: The meeting was called to order at 7:55 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll >Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Mann, Ms. Gibson, Ms. Yates, and Mr. Comendeiro. Board members absent: Mr. Illas City staff present: Michael A. Sprovero, CBO (Executive Director of Community Development), Sanford A. Youkilis, AICP (Acting Planning and Zoning Director), Eve Boutsis,Esq (City Attorney), James McCants (Community Outreach Coord.), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary): III. Public Hearing (Mr. Morton swore in speakers) PB -03 =019 Applicant: First Baptist Church of South Miami and Verizon Wireless Location: 6781 Sunset Drive Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INSTALL A STEALTH ROOFTOP CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Applicant present: Jason Lasky representing Verizon Wireless, Corp, Gustavo Dezuco (Structural Engineer). Planning Board Meeting November 25 2003 Mr. Youkilis made a staff presentation explaining that the applicants were requesting approval to place a stealth cellular antenna on the church's property located at 6781 Sunset Drive. The facility will consist an antenna mounted inside a religious cross feature mounted at the roofline of the main sanctuary building. The existing religious cross on the south fagade will be replaced with a new cross. The highest point of the new cross with the antenna will be 112 feet above grade (40 ft. above the 72 ft. height of the structure). The antenna will be connected to an equipment cabinet to be located on the roof but not visible from Sunset Drive or SW 67th Ave Mr. Youkilis advised that the Planning Department was recommending denial of the application because the proposed tower, at the scale proposed, will detract from the architectural character of the building and as , a special use the application is not compatible or complementary to the surrounding uses and as such does not meet the requirements set forth in section 20- 3.4(a)(2) of the LDC Speakers: NAME ADDRESS Craig Z. Sherar ' 6501 SW 65th Street "supported application Michelle Q. 5867 SW 68th Street - opposed R. Ramjit 6845 SW 59th Place - opposed Gerald Knight 320 NE 23 Avenue - opposed Barbara Acker 7222 SW 68t' Ct - opposed Mirla Arteaga 6720 SW 69 Terrace - opposed Paula A. Eisenhart 7029 SW 68 Ct. - opposed Wayne LaMora 6970 Sunset Drive opposed " Cathy McCann 5820 SW 87 Street - opposed During discussion the applicant offered to reduce the height of the antenna so that the existing 94 foot height above ground would be maintained. The width of the antenna would need to stay at the proposed 18 inches. The Planning Director advised that based upon the applicant's height concession he would recommend approval. Motion: Mr. Morton moved to recommend the approval of the application with the following conditions: that the stealth tower height (cross ) be limited to a height of 94 feet above ground•, that the staff verifies if the setback of the tower is at least 110% times the height of the tower; and that the City Attorney is to advise- on the issue of requiring the church to pay property taxes on any increased assessment was an appropriate requirement. Ms. Gibson seconded the motion. Vote: Ayes 2 Nays 4 ( Mr. Mann, Ms. Yates, Mr. Comendeiro, Mr. Liddy). The motion failed to pass. (2) E:\PB\PB Minutes\2003 Minutes\Excerpt Church Cell Tower 11- 25- 03.doc 20 -10.5 SOUTH MIAMI LAND DEVELOPMENT CODE b. Stealth towers not exceeding 125 feet in height shall be permitted as a principal or accessory use in the following zoning districts. MO Medium- Intensity Office SR Specialty Retail TODD Transit- Oriented Development District C. A stealth tower and antenna designed to look like a light pole may replace a light pole, which existed before the adoption of this Ordinance, located in the PR district, provided that the height of the stealth tower and antenna do not exceed the height of the existing light pole by more than ten (10) feet. d. Upon receipt of the appropriate application, the City Manager, at his or her sole discretion, will determine the application's consistency' with the definition of a stealth facility. 2. Non - Stealth, Facilities. a. Non- Stealth antennas mounted to buildings or rooftops, not exceeding 15 feet above the roofline and 5 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use in the following zoning districts: MU- 5/TODD Transit- Oriented Development District b. Any non - stealth building or :rooftop antennas approved administratively shall only be permitted on buildings in excess of 40 feet in height. (Ord. No. 24 -98- 1672, § 2, 11- 17 -98) 20-10.6. Uses requiring special use approval. (A) The following uses may be approved pursuant to the special use process, as regulated by the Land .Development Code: 1. Stealth Facilities. a. Stealth rooftop or building mounted antennas, not exceeding 25 feet above the roofline and 10 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: RM -24 Medium Density Multi- Family PI Public/Institutional LO Low Intensity Office GR General Retail H Hospital PUD Planned Unit Development b. Stealth towers not exceeding 125 feet in height shall be permitted as a principal or accessory use pursuant to special use approval in the following zoning district: l Supp. No. 4 214 SITING REOUL,ATIONS FOR TEL,ECObB UNICATION TOWERS 20 -10.7 PI.- i Public/Institutional` C. Stealth towers not exceeding 125 feet in height shall be permitted as an accessory use pursuant to special use .approval in the following zoning districts: H Hospital TIM. Planned Unit Development*' d Upon receipt of the appropriate application; the City Manager, at his or her sole discretion; will determine the ;application's consistency with. the defini tion. of a stealth facility. e. , Residential Planned Unit Developments shall not be.: a permitted location `:for. telecommunication facilities. 2. Non- Stealth Facilities. a. Non- Stealth antennas mounted to 'buildings or rooftops, not. exceeding. 15 feet above the rootline and 5 feet above the maximum height of the applicable zoning district, .shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: RM -24 Medium Density Multi- Family MO Medium - Intensity Office SR. Specialty Retail MU- 4/MU- 5/TODD Transit- Oriented Development District PI Public/Institutional . b. Any non - stealth building or rooftop antennas permitted pursuant to special use approval shall only be permitted 'on buildings in excess of 30 feet in height. C. Monopoles not exceeding 125 feet in height .may be permitted in the following zoning districts pursuant to special use approval: PI Public/Institutional (Ord. No. 24 -98 -1672, § 2, 11- 17 -98) 20-10.7 Procedure_ for special use. Any of the permitted special uses in this Article maybe approved and permitted by. the City Commission at a, public hearing, upon an affirmative vote of four of the Commissioners, after . a recommendation by the Planning Board, provided that the use complies with the require- ments of this .Article, Section 20- 3.4(A), entitled "General Requirements," Section 20 -5,.8, entitled' "Special use approvals," and any , other requirements and. conditions the. City Commission may consider appropriate and necessary. Supp. No. 4 215 i '�Ekx. 7 717 DEFINITIONS'; 20 -3.4 '(10) Tables, chairs and all other furniture used in the operation of an outdoor seating/dining` area on the public rights -of -way shall not be anchored or restrained in any manner. , Individual table urmbrellas, planters, or other such non stationar y. elements may be , permitted within the .outdoor seating / dinng area (11) Outdoor seating /dining use and area on public nights-of-way shall be restricted to the length of the sidewaIk or public right- of-way immediately fronting the cafe or other establishinent. The utilization of space extending on either side beyond the subject property frontage may be authorized subject to annual written consent provided by the property owners in-front of whose properties the outdoor seating /dining service would . occur. (12) Outdoor seating /dining areashall.be.at the same elevation.as the adjoining sidewalk . or public right -of- way. (13) Carts and trays for serving food,are permitted in the outdoor seating/dining area. (14) Outdoor seating /dining use and area shall not be provided with amplified sound of any kind. (Ord. No. 12 -90- 1452,` 7- 24 -90; Ord. No. 11 -90 -1451, 8- 21 =90; Ord. No. 2-91-1487, 1- 15 -91; Ord. No. 3-91-1468,.1-15-91; Ord. No. 4 -91 -1469, 2 -5 -91; Ord. N6.'7-91-9091, 3- 19 -91; Ord. No. 12 -91- 1477,4- 16 -91; Ord. No. 15 -91 -1430, 5- 21 -91; Ora. No.'19 -91- 1484,7- 23 -91; Ord.INo. 26-9M490,11-5-91; Ord. No. 26 -91- 1491 -A, 11- 19 -91; `Ord. No. 3- 92- 1498, 1 -7 -92; Ord.'' No. 7 -92 =1502; 5 -5 -92; Ord. No. -10 -92 -1505, 6 -2 -92 Ord. No. 13 -92 -1508, -4 -92 Ord. No.. 29 -92 -1524; 11 -3 -92; Ord. Igo. 1 -94 -1550, 2 -1 -94; Ord. No. 16 -94 -1566, § 1,11 -1 -94; Ord. ''No. 16-97-1631,.§ 1; 4 -1 -97; Ord. No. 14- 98=1662, § 2, 9 -1 -98) 20 -3,4 Special use conditions. Any of the following special uses may approved and permitted by the city commission at a public hearing, after .a recommendation by the planning board, provided that such use is specifically listed as a permitted. special use in the appropriate district column in the Permitted Use' Schedule (Section 20- 3.3E), and that such use complies with the following general and special requirements and any other conditions that .the . city commission may consider appropriate and necessary: (A) General Requirements.. . (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the city commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any eansting or planned surrounding uses. (3) A public hearing shall be held by the city commission to' determine the overall compatibility of the use with the surrounding neighborhood.. Supp. No. 4 39. PROCEDURES AN APPLICATiO?�'S 20 =S :f3 (E) ApplicaiionRequiremenrs With the .complete application, applicants shall also submit a Ietter of intent, a property survey by a registered surveyor and a document indicating. the: `written swam consent of the owners of at least seventy-five 75percent of the subject property or persons with a contract to purchase conditioned on. rezoning approval. Such consent may be, given duly authorized agents of mtimners and agency shall. be evidenced by a proper written power of attorney. (F) Neighborhood Concurrence. All applications for a rezoning shall be:accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius. of the subject property. The applicant shall obtain and submit the sinnatures of at least twenty (2 0) percent of such property owners, indicating their awareness of the proposed rezoning petition. (Ord No. 11 -90 -1451, 5- 21 -90) 20-5.8 .Special use approvals: (A) Use Schedule Reference. A special use may be granted for any use indicated in the Permitted:lise. Schedule (Section 20 -3.4E) with an "S" designation in the appropriate'districtcolumm. ($) Required Conditions: (l) Prior to- approving a special use; the city commission shall find that such 'use meets the - conditional requirements set forth in Section 20 -3:4 and that it: (a) Will not adversely affect the health or safety of persons 'residing Of workdng in the vicinity of the proposed use; (b) Will not be detrimental to the public welfare. or property or improvements in the neighborhood; -and (c) .. ' Complies with all other applicable Code provisions. (2) Additional Conditions. The city-commission may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will conform to the foregoing requirements. (C) Expiration of Special Use Approvals. An approved special use shall lapse after six. (6) months if no building permit or certificate of occupancy has been issued for such use and if the city . . commission has not specified a longer approval period for good cause. (D) Extension`ofSpecial Use Approvals. Four (4) affirmative votes of the city commission may grant an extension for a previously approved special use if 'a proper and timely request is made by the - applicant prior to the expiration of the approval period (E) Special Use Reapplication.. No reapplication for a special use shall be accepted by the city within twelve (12) months of'the date of final disapproval by the city commission of a previous application for a special use involving the same or substantially the same property, unless evidence is submitted to and accepted by the city commission which justifies such reconsideration. Supp. No. 5A 111 �I 20 -5 9 PROCEDURES AN APPLICATIONS (F) Application Requirements. An application for a special use shall include:. (1) A property survey by a registered surveyor;: . (2) A letter of intent; (3) A site plan for any nonresidential use showing.the information required for site plan review approval .in Section 20-5. 11;. ;: : (4)' Where the use includes. a vehicular use area or landscaped buffer, a. proposed Iaridscape plan and information regarding permanent maintenance arrangements; (5) A neighborhood location map showing all surrounding land uses within five hundred (500) feet of the proposed site; (6) All information required for any other type of application which is being processed simultaneously or for any other type of application; and (7j Any :other information necessary to demonstrate that the proposed special use will conform fully..w•ith the requirements of this Code. 20 75.9 Variance approval's. (A) Expiration .of Variance Approvals ` A variance approved pursuant to Section- 20 -5.5 shall lapse after. six (6) months if no substantial construction or change of use has taken place in: accordance with the request for such:variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant.an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications fora variance .shall include a letter bf intent indicating. the specific nature of the hardship upon which the request is based. (D) Property Survey Require d. All applications for a variance shall include a current property survey prepared by a.registered surveyor. (E) Neighbo?hood Concurrence. All appiicati.ons for a variance shall be accompanied.by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at.least twenty (20) percent of such property owners, indicatin® heir awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing. all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the foIlowine: (1) Yard setbacks .. Supp.-No. 5A 112 J'i J f CI" I`, ' � J'i View southwest First Baptist Site # 68223 Church g a r ;k x, installation looking northeast before Verizon Wireless tower III III View southwest' ' looking g""gg E ryry northeast after Verizon M ;Y Wireless tower k installation CMFI IGmieyNom and Assodates, Inc, e, r I ■ Prepared for: ' ven Fonwireless Prepared by: Kimley -Horn and Associates, Inc. 4431 Embarcadero Drive ' West Palm Beach, Florida 33407 (561) 845 -0665 EB0000696 October 2003 Project No. 044047385 2 Photo Simulation Views Kimley -Horn and Associates, Inc. deyNom EAssociates, Inc, aw a x:\ �selte \WFww \ouot »as\2on.Ny \�OKhaey youtt sey t]. 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Q,E O Z 'G,I W �'I = tpi �i'�i FYi O � q f�,I p• zIn m m o c o �i��C o n v1 0 �I A, i � n o m m °❑ - � b Q I vyi p c A*1 T N o �� —i ® � 0 �� o _ ml rg�z ?µDµ 4 � r-4 .I r µ R D O Z ¢R O . 51 2 N s g �, D ; D z N O N J m y 1. mD cn m m o c o �i��C o n v1 Z �I A, i � n o m m °❑ - � Q I vyi p c A*1 T N AO m. m rg�z W � r-4 �° O m m m . 51 2 N s g �, D ; D z N O N J m y 1. mD cn 6 t� D�� ® o m "c'�. m N� O � y oon'� ° n�cZ�'5 = >o _I�° �l�$ I a z C aa m m z N. W, 00 O z rn > 8 m rnr m m0�7 0 �� � �v O owl =w0 00 O ow 'w CJ1 Cl) —I b A ' O� _ p p ff C O z Gzj O W P r.3 v+ ' + o p m �i tYi �i m < F E 8 A S P� N C,J C!) o o � � o� SOUT y South Miami f ELECU All- AmmicaCiiy CITY OF SOUTH MIAMI INCORPORATED • 1927 OFFlCE OF THE CITY MANAGER P I o Rta INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor bate: December 8,2003 and City Commission From: Maria V. Davis Subject: Agenda Item 4 0 g City Manager Commission Meeting 12/16/03 Re: Candidate Forum REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AUTHORIZING MASS MEDIA ENTERPRISES TO USE THE COMMISSION CHAMBERS FOR A CANDIDATE FORUM; PROVIDING FOR RESOLUTIONS IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS In order to facilitate access to the public as well as coverage on the City -run cable channel, Mass Media Enterprises, the publishers of the South Miami Times, is requesting the use of the Commission Chambers as a venue for a political, debate with the candidates running for municipal office in the February 10, 2004 elections. The South Miami Times would assume all responsibility for organizing, the debate, notifying the public, coordinating the participation of candidates and moderating the debate. RECOMMENDATION Your approval is recommended. I f) 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 ELECTIONS; AUTHORIZING MASS MEDIA ENTERPRISES 7 TO USE THE COMMISSION CHAMBERS FOR A CANDIDATE 8 FORUM; PROVIDING FOR RESOLUTIONS IN CONFLICT, 9 AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami 13 desire to make the city commission chambers available to Mass Media 14 Enterprises, publisher of the South Miami Times, to sponsor and hold a political 15 forum with the candidates running for office in the February 10, 2004 elections;' 16 and, 17 18 WHEREAS, the Mayor and City Commission also desires to allow the 19 taping and broadcasting of the forum on cable channel 5. 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 23 24 Section L The city commission chambers may be used by Mass Media 25 Enterprises for the conduct of a candidate forum for the 2004 general election. 26 Mass Media Enterprises shall assure that adequate notice of the scheduling of the 27 forum is given to all candidates, and shall further assure ''a fair and open forum 28 among candidates. Neither the city nor the sponsor shall endorse or in any way 29 show favoritism for a candidate in the scheduling or conduct of the forum. 30 31 Section 2. The forum shall be broadcast one or more times on cable 32 channel 5 so long as the broadcasting of the forum complies with all laws 33 applicable to the city. 34 35 Section 3. Mass Media Enterprises shall comply with all applicable laws 36 regarding the presentation of the forum. The candidates shall also comply with all 37 applicable laws, including, but not limited to, the prohibitions on making available 38 or distributing campaign literature at city; hall, and accepting campaign 39 contributions in public buildings.' 40 Additions shown by underlining and deletions shown by a �°o o �r-stms =g. I Section 4 All resolutions, parts of resolutions, and approved guidelines 2 for access to cable channel 5 in conflict with the provisions of this resolution are 3 suspended for the forum. 4 5 Section 5. This resolution shall take effect immediately upon approval. 6 7 PASSED AND ADOPTED this 16th day of December 2003. 8 9 ATTEST: APPROVED: 10 11 12 CITY CLERK MAYOR 13 14 15 COMMISSION VOTE: 16 READ AND APPROVED AS TO FORM: Mayor Feliu: 17 Vice Mayor Russell 18 Commissioner Wiscombe: 19 CITY ATTORNEY Commissioner Bethel: 20 Commissioner McCrea: 21 22 23 24 \ \02srvplaw \prolaw\ Documents \0022\EGG\20587.doc - -use of chambers for candidate forum Page 2 of 2 RESOLUTION NO. 8 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, RELATING TO ACCESS BY GROUPS OR ORGANIZATIONS TO THE CITY OF SOUTH MIAMI'S CABLE CHANNEL FOR BROADCAST OF MATERIAL, CREATING CRITERIA, CREATING A REVIEW COMMITTEE, AND AN APPLICATION. WHEREAS,, the City has a responsibility to its citizens that material broadcast on the City's cable channel is of community- wide interest; and WHEREAS, in order to fairly and consistently evaluate material presented by groups,. individuals, or organizations, criteria must be established by which a determination can be made as to the appropriateness of material for broadcast, NOW THEREFORE BE IT RESOLVED BY THE. MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA`: Section 1. The City Manager is hereby authorized to implement the utilization of the application and criteria attached hereto, and that a review committee shall be created and appointed to ensure that all material presented on Cable Channel 5, the City's cable access, is of community -wide interest. Section 2. This resolution shall take effect immediately upon approval: PASSED AND ADOPTED thisl6th day of April 1996. ATT APP VED: CITY CLERK MAYOR -73AD AND APPROVED AS TO FORM CITY ATTORNEY ` COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Yo'ung': Yea CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: April 11, 1996 FROM` Eddie Cox, City Manager' RE: Agenda Item 4—LI Commission Meeting April 16, 1996 Cable Channel 5; Access The attached resolution establishes criteria, a review committee, and an application for requests for access to the City of South Miami's cable access channel. believe it is crucial that we establish such guidelines and procedures to ensure that the material we allow to be aired on our cable channel is of community -wide interest and not of a political or self- serving nature to any person or organization. You have directed me to prepare guidelines, and I am pleased to present the attached resolution, criteria and application for your approval. recommend approval.. Criteria - Access to Cable Channel 5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable Channel 5 by community groups or organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast /display. 1) Broadcast material must be City- generated or pre- approved. 2) Presentations for broadcast must be of community -wide interest. 3) Political ads or presentations are prohibited. 4) No person running for political office may appear in material for broadcast. 5) No non -city appointed committee or group shall be allowed to use this medium to further their views or to boost membership. 6) Broadcast material shall not exceed'', 30 minutes in length. 7) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast can be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval. M Y. Return completed application to City Manager's Office) Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 Date of Application App. Rec'd by Initial by City Employee receiving application Name of organization Address Name of primary contact for this. project Phone Number(s) Video ❑ Character Display ❑ Live BroadcastEl Length of planned broadcast Subject Provide script or detailed plan of subject matter (attach sheet if necessary) Review Date Committee Recommendation City Manager Approved Disapproved RESOLUTION NO. 150 -96 -9904 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, RELATING TO PROGRAM MATERIAL TO BE BROADCAST ON CABLE CHANNEL 5, ADOPTING CRITERIA BY WHICH MATERIAL WILL BE REVIEWED BY THE CABLE REVIEW COMMITTEE. WHEREAS, the City Commission passed a resolution creating a Cable Review Committee, and, WHEREAS, the Cable Review Committee drafted criteria and an application process to review material that is submitted for broadcast, and that criteria has been reviewed by the City Attorney, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby adopts and approves the criteria attached hereto, providing guidelines. for the Cable Review Committee to determine whether material submitted for broadcast is appropriate. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 20th day of " August 1996. ATTE T: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPR VED: MAYOR COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: August 13, 1996 FROM: Eddie Cox, City Manager RE: Agenda Item # Commission Meeting August 20, 1996 Cable Review Criteria A few weeks ago, you approved the creation of a Cable Review Committee. Julio Robaina, Jim Cowen, and Diana Morris were appointed to serve on that committee. They have held several meetings, drafted criteria, submitted it to Mr. Gallop for review, and incorporated his suggestions into the criteria presented to you as an attachment to this resolution. believe this establishes fair guidelines to allow public access, while providing restrictions to insure that material presented on the City's cable channel is appropriate, informative, and is of community -wide interest. recommend your approval. r;.... g.,; .,"�.:. ... .,._ .. Minutes Cable Review Committee August 6, 1996 6:30 p.m. Members: Diana Morris, Chairman Members Present: Diana Morris Julio Robaina Jim Cowen Jim Cowen Mrs. Morris convened the meeting at 6 :40 p.m. The first order of business was review and discussion of the revised criteria for review of broadcast material for Cable Channel 5. The City Attorney reviewed the first draft of the criteria presented to the committee by Mrs. Morris. His comments and recommendations were incorporated into the draft document, and distributed to members of the committee prior to the scheduled August 6 meeting. The committee voted 2 -0 in favor of adopting the revised criteria which will be presented to the Commission for final adoption. This item will be on the August 20 agenda. The Florida Medical Quality Assurance, Medicare Review for the U. S. Federal Government gave the city eight 30- minute video tapes on various subjects related to Medicare. These videos were reviewed, and 3 were approved by the Committee for broadcast on Cable Channel 5. The titles approved are: Understanding your Medicare Rights for Medicare Recipients and Their Families; Guide for Working through the Medicare and Social Security Systems; Understanding Advance Directives, Including Living Wills for Medicare Recipients and Their Families. The meeting was adjourned at 7 :15 p.m. Adopted Application'for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 is attached to these minutes. l mr Criteria - Access to Cable Channel 5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable Channel 5 by any organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display. l) Broadcast material must be created by the city or by another governmental entity, or sponsored by the City, and must have the characteristics of one of the following: (a) governmental program; (b) educational program; and, (c) community interest program. 2) Presentations for broadcast must be of community -wide interest. 3) Programs must not contain political advertisement, or tend to support or promote any party or candidate for public- office, or contain commercial advertisement or messages, or contain obscene or offensive material. No candidate for any political race may appear on any program regardless of the purpose or message of the program. 4) No non -city appointed committee or group shall be allowed to use this medium to further their views or to boost membership. 5) Broadcast material shall not exceed 30 minutes in length, and must contain credits at the end of the program. 6) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast will be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval. /D City of South Miami - 6130 Sunset Dr. - South Miami, FL 33143 (Return completed application to 'City Manager's Office) Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel S Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or, script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display. To be considered for sponsorship by City, an organization which desires to have its material broadcast by the City must be a currently active not-for-profit, federally tax- exempt organization. 1) Broadcast material must be created by the City, by another government entity, or sponsored by the City. 2) Material presented for broadcast must have the characteristics of one of the following: (a) governmental program; (b) educational program; and (c) community interest program. 3) Programs must not contain political advertisement, or tend to support or promote any party or candidate for public office, or contain commercial advertisement or messages, or contain obscene or offensive material. No candidate for any political office may appear in any program regardless of the purpose or message of the program. The city reserves the right to reject any program for any reason. 4) Broadcast material shall ' not exceed 30 minutes, in length, and must contain credits at the end of the program. 5) The Cable Broadcast Review Committee shall determine the number of times a broadcast will be repeated. Date of Application App. Rec'd by Initial by City Employee receiving application Name of organization l Address Name of primary contact for this project Phone Number(s) Video F-1 Character Display ® Live Broadcast Length of planned broadcast Subject Provide script or detailed plan of subject matter (attach sheet if necessary) Credits must appear at the end of the program and may not be more than 30 seconds in lend plicant must retain a copy of the tape. Cty is not responsible for lost or damaged tapes. Warranties and Representations: A. Applicant warrants that the program being submitted for presentation on South Miami's Cable Channel complies with and meets the requirements of the programming rules and regulations of the Federal Communications Commission. B. Applicant expressly, warrants that the program; 1) does not contain obscene or indecent material 2) does not contain advertisement of or providing information concerning any lottery. 3) does not contain advertisement promoting a commercial product. 4) does not contain advertisement nor does it promote a candidate for political office. C. Applicant warrants that the program does not contain material, statements, pictures, or representations which are known or should have been known to be untrue or to constitute liable or slander. D. Applicant warrants that the program being submitted is not copyrighted material and/or does not•contain copyrighted material, or that applicant has obtained a clearance for the copyrighted material. Applicant agrees to hold harmless and indemnify the City of South Miami for all expenses, including reasonable attorneys fees incurred by the City in defending itself from. claims or charges under copyright laws, FCC rules and regulations, laws of liable and slander, laws pertaining to rights of privacy and other claims or charges against the City arising from or caused by the presentation of applicant's material on the City's cable channel. Applicant's Signature Date Applicant certifies that the foregoing has been read and that applicant understands the rules governing the use of the City's cable channel and that applicant is bound by their rules and this agreement. Review Date Committee Recommendation Number of tinges program will run From to DATES City Manager Approved Disapproved RESOLUTION NO. 136 -98- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REVIEW COMMITTEE FOR CABLE ACCESS CHANNEL, AMENDING RESOLUTION NO. 82 -96 -9836; PROVIDING FOR APPOINTMENT; TERM OF OFFICE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Commission recognized it had a responsibility to its citizens that material broadcast on the City's cable channel is of community - wide interest therefore Resolution No. 82 -96 -9836 on April 16, 1996 ;' and WHEREAS, the city Commission desire to amend the composition of the Cable Review Committee to include a resident' of the city of South Miami with a term of office for two years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Resolution No. 82 -96 -9836 is hereby amended to provide for the appointment of a resident to serve on the Cable Review Committee for a two year term. Section 2._ This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 19th day of Ma.Y' , 1998. ATTEST: APPROVED': Ae CITY CLERK' MAYOR COMMISSION VOTE: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice -Mayor Oliveros Yea Commissioner Bethel: Yea CITY ATTORNEY Commissioner Russell: Yea Commissioner Feliu: Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5 /15/98 AGENDA ITEM #J/_ FROM: Charles D. Scurr Comm. Mtg. 5/19/98 Interim City Manager CABLE REVIEW COMMITTEE Mayor Robaina sponsored the attached resolution, which amends Resolution No. 82 -96 -9836 and allows for the appointment of 'a resident to serve on the Cable Review Committee for a two year term. RESOLUTION No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH` MIAMI, FLORIDA,; RELATING TO ACCESS BY GROUPS OR ORGANIZATIONS TO THE CITY OF SOUTH- MIAMIiS CABLE CHANNEL FOR BROADCAST OF MATERIAL, CREATING CRITERIA, CREATING A REVIEW COMMITTEE, AND AN APPLICATION. WHEREAS, the City has a responsibility to its citizens that material broadcast on the City,s cable channel is of community wide interest; and WHEREAS, in order to fairly and consistently evaluate material presented by groups, individuals, or organizations, criteria must be established by which a determination can be made as to the appropriateness of material for broadcast, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to implement the utilization of the application and criteria attached hereto, and that a review committee shall be created and appointed to ensure that all material presented on Cable Channel 5, the City,s cable access, is of community -wide interest. Section `2. This resolution shall take effect immediately upon approval PASSED AND ADOPTED thisl6th day of April 1996. ZATT APP VED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea CITY OF SOUTH MIAMI ®� 6130 Sunset Drive, South Miami, FL 33143 v TO: Mayor and Commission DATE: April 11, 1996 FROM( Eddie Cox, City Manager RE: Agenda Item 4—PI Commission Meeting April 16, 1996 Cable Channel 5. Access The attached resolution establishes criteria, a review committee, and an application for requests for access to the City of South Miami's cable access channel. 1 believe it is crucial that we establish such guidelines and procedures to ensure that the material we allow to be aired, on our cable channel is of community -wide interest and not of a political or self- serving nature to any person or organization. You have directed me to prepare guidelines, and I am pleased to present the attached resolution, criteria, and application for your approval`. recommend approval. Criteria - Access to Cable Channel 5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable Channel 5 by community groups or organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display. 1) Broadcast material must be City- generated or pre- approved. 2) Presentations for broadcast must be of community -wide interest. 3) Political ads or presentations are prohibited. 4) No person running for political office may appear in material for broadcast. 5) No non -city appointed committee or group shall be allowed to use this medium to finther their views or to boost membership. 6) Broadcast material shall not exceed 30 minutes in length. 7) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast can be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval. Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel S Date of Application App. Ree'd by Initial by City Employee receiving application Name of organization Address Name of primary contact for this. project Phone Number(s) Video ❑ Character Display Live Broadcast Length of planned broadcast Subject Provide script or detailed plan of subject matter (attach sheet if necessary) Review Date Committee Recommendation City Manager Approved, Disapproved r< ----+ - a- •"°�''- 1'='-- F s- *'i,.x, .n"r , ., ';' n A?s'T'""'s .?^a' : s-NC ;`- °i,' -i , ; rr;.. to;,,r ewl f� q ij CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor DATE: December 16 2003 & City Commission FROM: Commissioner McCrea AGENDA ITEM No. RE: Channel 5 policy repeal resolutions RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REPEALING RESOLUTIONS NOS. 82 -96 -9836, 150 -96 -9904, AND 136 -98- 10404, ALL RELATING TO CABLE CHANNEL 5' PROVIDING FOR RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS In 1998, a three- person committee was formed to establish policy for Channel 5. It met once when only two members attended. Those two people in that one meeting drafted the guidelines, later adopted by the commission, which form our current Channel 5 policy. While their work is appreciated, it does not reflect current needs and conditions. A first step in correcting this condition is to repeal our current policy. The second step is for us to re -visit Channel 5 policy in future. This repeal resolution only addresses step one. Among the points needing correction are the following: • Current policy constitutes a "Cable Broadcast Review :Committee." There is no standing committee now, nor has there been one for much of the time since passage in 1998. We probably don't need a committee if we pass an adequate policy resolution. • Current policy requires a 30- day -in- advance application for consideration by the committee. 30 days is probably an unreasonable burden and we have no standing committee to which application can be made. We'd have to re- constitute the committee and observe the 30-day-in-advance provision in order to consider an application today. cur.._. .`rim .�,. .r,�-,?—.,�A .,r'R% —:-? r, t s,s .-r'�;• ,��z.,: _ S„t, _,— ?':�,,." • Criteria item #3 of current policy states, "Political ads or presentations are prohibited." While political ads should be prohibited, "political presentations" certainly includes the various forms of "debates" and the commission has recently expressed its desire to allow some forms of debates to be broadcast over Channel 5. Therefore, current language is too restrictive. • Criteria item #4 of current policy states, "No person running for political office may ,appear in material for broadcast." The same debate issue mentioned above applies. Also, if taken literally, we wouldn't be allowed to broadcast commission meetings by current policy. Therefore, current language is too restrictive and in conflict with current practice and the public interest. • Criteria item #5 of current policy states, "No non -city appointed committee or group shall be allowed to use this medium to further their views or to boost their membership." This language is probably too broad and restrictive. • Criteria item #6 of current policy states, "Broadcast material shall not exceed 30 minutes in length." This is probably too restrictive. • Current policy states, "The Cable Broadcast Review Committee will present its recommendations to the City Manager for final approval or disapproval." This commission has strongly expressed its position that the City Manager should not be placed in the position of determining what is and is not allowed where political content may be involved. Therefore, this provision is in conflict with current commission policy. Taken together, these deficiencies suggest a complete repeal of current policy is appropriate. The city is better served at present with no policy than with current policy conflicts and inconsistencies. The commission might consider returning to the issue of establishing new policy covering use of city facilities and Channel 5 policy in the near future. RECOMMENDATION You approval is recommended. 1 RESOLUTION NO 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, REPEALING 5 RESOLUTIONS NOS. 82 -96 -9836, 15`0 -96- 9904,, AND 136- 6 98- 10404, ALL RELATING TO CABLE CHANNEL 5; 7 PROVIDING FOR RESOLUTIONS IN CONFLICT AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission at its April 16, 1996 meeting 11 adopted Resolution No. 82 -96 -9836, relating to access by groups or 12 organizations to the City of South ;Miami's Cable Channel 5 for 13 broadcast of material; and 14 15 WHEREAS, the City Commission at its August 20, 1996 meeting 16 adopted Resolution No. 150 -96 -9904, relating to program material to 17 be broadcast on Cable Channel 5; and 18 19 WHEREAS, the City Commission at its May 19, 1998 meeting adopted 20 Resolution No. 136 -98- 10404, relating to review committee for cable 21 access channel, amending Resolution No. 82 -96 -9836. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 24 OF THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. The City Commission of the City of South Miami hereby 27 repeals Resolutions Nos 82 -96 -9836, 150 -96 -9904, and 136 -98- 10404, all 28 relating to Cable Channel 5. 29 30 Section 2 This Resolution shall take effect immediately upon 31 approval., 32 33 PASSED AND ADOPTED this day of 2003 34 35 ATTEST: APPROVED: 36 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 READ AND APPROVED AS TO FORM: Mayor Feliu: 43 Vice Mayor Russell: 44 Commissioner Wiscombe 45 Commissioner McCrea: 46 Commissioner Bethel 47 CITY ATTORNEY 48 49 50 51 J:\My Documents\resolutions \Resolution repealing channel 5 resolutions1doc e RESOLUTION NO. 8 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACCESS BY GROUPS OR ORGANIZATIONS TO THE CITY OF SOUTH MIAMI'S CABLE CHANNEL" FOR BROADCAST OF ;MATERIAL, CREATING CRITERIA, CREATING A REVIEW COMMITTEE, AND AN APPLICATION. WHEREAS, the City has a responsibility to its citizens that material broadcast on the City's cable channel is of community - wide interest; and WHEREAS, in order to fairly and consistently evaluate material presented by groups, individuals, or organizations, criteria must be established by which a determination can be made as to the appropriateness of material for broadcast, NOW THEREFORE BE IT RESOLVED BY THE. MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to implement the utilization of the application and criteria attached hereto, and that a review committee shall be created and appointed to ensure that all material presented on Cable _Channel 5, the City's cable access, is of community -wide interest. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED thisl6th day of April 1996. ATT 1 CITY 'CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ` APP VED r MAYOR COMMISSION VOTE 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea. Commissioner Price: Yea Commissioner Bethel: Yea CommiJssioner Young: Yea WT, _nom CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL -33143 v TO: " Mayor and Commission DATE: April 11, 1996 FROM] Eddie Cox, City Manager RE: Agenda Item 4 —L q Commission Meeting April 16, 1996 Cable Channel 5_ Access The ,attached resolution establishes criteria, a review committee, and an application for requests for access to the City of South Miami's cable access channel. believe it is crucial that we establish such guidelines and procedures to ensure that the,, material we allow to be aired on our cable channel is of community -wide 'interest and not of a political or self- serving nature to any person or organization. You have directed me to prepare guidelines, and I am pleased to present the attached resolution, criteria and application for your approval. recommend approval. i Criteria - Access to Cable Channel 5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable Channel 5 by community groups or organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display. 1) Broadcast material must be City- generated or pre- approved. 2) Presentations for broadcast must be of community -wide interest. 3) Political ads or presentations are prohibited. 4) No person running for political office may appear in material for broadcast. 5) No non -city appointed committee or group shall be allowed to use this medium to further their views or to boost membership. 6) Broadcast material shall not exceed 30 minutes in length. 7) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast can be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval'. /9 .... .. (Return completed' application to City Manager's Office) Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 Date of Application App. Rec'd by Initial by City Employee receiving application Name of organization Address Name of primary contact for this. project Phone Number(s) Video Character Display Live Broadcast Length of planned broadcast Subject Provide script or detailed plan of subject matter (attach sheet if necessary) Review Date Committee Recommendation City Manager Approved Disapproved RESOLUTION NO. 150 -96 -9904 A RESOLUTION OF THE .MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO PROGRAM MATERIAL TO BE BROADCAST ON CABLE CHANNEL 5, ADOPTING CRITERIA BY WHICH MATERIAL WILL BE REVIEWED BY THE CABLE REVIEW COMMITTEE: WHEREAS, the City Commission passed a resolution creating a Cable Review Committee, and; WHEREAS, the Cable Review Committee drafted criteria and an application process to review material that is submitted for broadcast, and that criteria has been reviewed by the City Attorney, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby adopts and approves the `criteria attached hereto, providing guidelines. for the Cable Review Committee to determine whether material submitted for broadcast is appropriate. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 20th day of August 1996. ATTE T CITY CLERK READ AND APPROVED AS TO FORM: �,} I CITY ATTORNEY APPR VED: MAYOR COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina:: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: August 13, 1996 FROM: Eddie Cox, City Manager RE: Agenda Item # Commission Meeting August 20, 1996 Cable Review Criteria A few weeks ago, you approved the creation of a Cable Review Committee. Julio Robaina, Jim Cowen, and Diana Morris were appointed to serve on that committee. They have held several meetings, drafted criteria, submitted it to Mr. Gallop for review, and incorporated his suggestions into the criteria presented to you as an attachment to this resolution: I believe this establishes fair guidelines to allow public access, while providing restrictions to insure that material presented on the City's cable channel is appropriate, informative, and is of community -wide interest. recommend your approval. Minutes Cable Review Committee August 6, 1996 6:30 p.m. Members: Diana Morris, Chairman Members Present: Diana Morris Julio Robaina Jim Cowen Jim Cowen Mrs. Morris convened the meeting at 6 :40 p.m. The first order of business was review and discussion of the revised criteria for review of broadcast material for Cable Channel 5. The City Attorney reviewed the first draft of the criteria presented to the committee by Mrs. Morris. His comments and recommendations were incorporated into the draft document, and distributed to members of the committee prior to the scheduled August 6 meeting. The committee voted 2 -0 in favor 'of adopting the revised criteria which will be presented to the Commission for final adoption. This item will be on the August 20 agenda. The Florida Medical Quality Assurance, Medicare Review for the U. S. Federal Government gave the city eight 30- minute videotapes on various subjects related to Medicare. These videos were reviewed, and -'3 were approved by the Committee for broadcast on Cable Channel 5. The titles approved are: Understanding your Medicare Rights - for Medicare Recipients and Their Families;. Guide for Working through the Medicare and Social Security Systems; Understanding` Advance Directives, Including Living Wills for Medicare Recipients and Their Families. The meeting was adjourned at 7 :15 p.m. Adopted Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5` is attached to these minutes.' lD Criteria - Access to Cable Channel 5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable; Channel 5 by any organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s),;material must be submitted at least 30 days prior to date of requested first broadcast /display. 1) Broadcast material must be created by the city or by another governmental entity, or sponsored by the- City, and must have the characteristics of one of the following: (a) governmental program; (b) educational program and, (c) community interest program: 2) Presentations for broadcast must be of community -wide interest. 3) Programs must not contain political advertisement, or tend to support or promote any party or candidate for public. office, or contain commercial advertisement or messages, or contain obscene or offensive material. No candidate for any political race may appear on any program regardless of the purpose or message of the program. 4) No non- city appointed committee or group shall be allowed to use this medium to further their views or to boost membership.' 5) Broadcast material shall not exceed 30 minutes in length, and must contain credits at the end of the program. 6) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast will be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval. City of South Miami - 6130 Sunset Dr. - South Miami, FL 33143 (Return completed application to City Manager's Office) Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or, script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display. To be considered for sponsorship by the City, an organization which desires to have its material broadcast by the City must be a currently active not- for - profit, federally tax- exempt organization. 1) Broadcast material must be created by the City, by another government entity, or sponsored by the City. 2) Material presented for broadcast must have the characteristics of one of the following: (a) governmental program; (b) educational program; and (c) community interest program. 3) Programs must not contain political advertisement, or tend to support or promote any party or candidate for public office, or contain commercial advertisement or messages, or contain obscene or offensive material.' No candidate for any political office may appear in any program regardless of the purpose or message of the program. The city reserves the right to reject any program for any reason.' 4) ' Broadcast material shall not exceed 30 minutes in length, and must contain credits at the end of the program. 5) The Cable Broadcast Review Committee shall determine the number of times a broadcast will be repeated. Date of Application App. -Rec'd by Initial by City Employee receiving application Name of organization Address Name of primary contact for this project Phone Number(s) Video ❑ Character Display Live Broadcast Length of planned broadcast Subject Provide script or detailed plan of subject matter (attach sheet if necessary Credits must gMear at the end of the program and may not be more than 30 seconc Applicant must retain a copy o the tape. ON is not responsible for lost or damaged Wes. Warranties and Representations: A. Applicant warrants that the program being submitted for presentation on South Miami's Cable Channel complies with and meets the requirements of the programming rules and regulations of the Federal. Communications Commission. B. Applicant expressly warrants that the program: 1) does not contain obscene or indecent material 2) does not contain advertisement of or providing information concerning any lottery. 3) does not contain advertisement promoting a commercial product. 4) does not contain advertisement nor does it promote a candidate for political office. C. Applicant warrants that the program does not contain material, statements, pictures, or representations which are known or should have been known to be untrue or to constitute liable or slander. D. Applicant warrants that the program being submitted is not copyrighted material and/or does not`contain copyrighted material, or that applicant has obtained a clearance for the copyrighted material. Applicant agrees to hold harmless and indemnify the City of South Miami for all expenses, including reasonable attorneys fees incurred by the City in defending itself from claims or charges under copyright laws, FCC rules and regulations, laws of liable and slander, laws pertaining to rights of privacy and other claims or charges against the City arising from or caused by the presentation of applicant's material on the City's cable channel. Applicant's Signature Date Applicant` certifies` that the foregoing has been read and that applicant understands the rules governing the use of the City's cable channel and that applicant is bound by their rules and this agreement. Review Date Committee Recommendation Number of times program will run From to DATES City Manager Approved Disapproved RESOLUTION NO. 136 -98 -10404 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, "RELATING TO REVIEW COMMITTEE; FOR CABLE ACCESS' CHANNEL, AMENDING RESOLUTION NO. 82 -96- 9836; PROVIDING FOR APPOINTMENT; TERM OF OFFICE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Commission recognized it had a responsibility to its citizens that material broadcast on the City's` cable channel is of community -wide interest therefore Resolution No. 82 -96 -9836 on April 16, 1996; and WHEREAS, the city Commission desire to amend the composition of the Cable Review Committee to include a resident of the city of South Miami with a term of office for two years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Resolution No. 82 -96 -9836 is hereby amended to provide for the appointment of a resident to serve on the Cable Review Committee for a two year term. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 19th day of May , 1998. ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea �-- vice Mayor Oliveros: Yea Commissioner Bethel: Yea CITY ATTORNEY Commissioner Russell: Yea Commissioner Feliu: Yea ...:x} ..:..., a. 4... �Tl „'v xu..4A' -�,_ !,'�v';5' - .�TR,x,- ,�i3u`xZ„�•`�?m �'. �T;'�^•r"�n t, .,. ,., ,,� ..,e:. ..+m'$°Su'�'g'. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/15198 FROM: Charles D. Scurr AGENDA ITEM #Z_ Comm. Mtg. 5/1/98 Interim City Manager CABLE REVIEW COMMITTEE Mayor Robaina sponsored the attached resolution, which amends Resolution No. 82 -96 -9836 and allows for the appointment of a resident to serve on the Cable Review Committee for a'two year term. ,, r .. „�zr. ..'^ , ,�e�. �c�{;"�+„' °r , � :',�.�r m r^4as' S�"was; : " _ a• : J�^..'�' � xs�'�'—°t ;; Gsxri+� t"s 'r: F„�T�� 4 'w. �, -r,�,r +'+,x- riii?' �r�°'�. n �"-:. A :U„ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACCESS BY GROUPS OR ORGANIZATIONS TO THE CITY OF SOUTH MIAMI'S CABLE CHANNEL FOR BROADCAST OF MATERIAL, CREATING CRITERIA, CREATING A REVIEW COMMITTEE, AND AN APPLICATION. WHEREAS, the City has a responsibility to its citizens that material broadcast on the City's cable channel is of community wide interest and WHEREAS, in order to fairly and consistently evaluate material presented by groups, individuals, or organizations, criteria must be established by ,which a determination can be made as to the appropriateness of material for broadcast, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. The City Manager is hereby authorized to implement the utilization of the application and criteria attached hereto, and that a review committee shall be created and appointed to ensure that all material presented on Cable Channel 5, the City's cable access, is of community -wide interest.' Section 2 This resolution 'shall take effect immediately upon approval. PASSED AND , ADOPTED this loth day of April 1996. ATT APP VED: CITY CLERK -MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea ■E CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, 'FL 33143 TO: Mayor and Commission DATE: April 11, 1996 FROM Eddie Cox, City Manager RE: Agenda Item #1 Commission Meeting April 16, 1996 Cable Channel 5-Access The attached resolution establishes criteria, a review committee, and an application for requests for access to the City of South Miami's cable access channel. I believe it is crucial that we establish such guidelines and procedures to ensure that the material we allow to be aired on our cable channel is of community -wide interest and not of a political or self - serving nature to any person or organization. You have directed me to prepare guidelines, and I:am pleased to present the attached resolution, criteria and application for your approval' recommend approval: Criteria - Access to Cable Channel ;,5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable Channel 5 by community groups or organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display. 1) Broadcast material must be City- generated or pre- approved. 2) Presentations for broadcast must be of community - wide interest. 3) Political ads or presentations are prohibited. 4) No person running for political office may appear in material for broadcast. 5) No non -city appointed committee or group shall be allowed to use this medium to further their views or to boost membership. 6) Broadcast material shall not exceed 30 minutes in length. 7) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast can be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval. i "'=""'i�+'�r^AT. ,i. 'a"°�, ,..s+r,- rgm.A.""*'1°=#, -•-^., F mn.;. „ .�R 'sS*r�,'.^.T.. a, ,.,+ .''?€ ,g'v,'A;r'• ^.a-„�c .". w'.' �f' Fi ,,+",�"r- r^s,�;�wt."',�,'�%"'P , :i,': t', F.'Y°�,i.a�'. -c ' _ t' - ,r'S!'; 4 �'t'�fPh .;F�.rxi *`TE.._ r"I (Return completed application to City Manager's Office) Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 Date of Application App. Rec' d by Initial by City Employee receiving application Name of organization Address Name of primary contact for this. project Phone Number(s) Video ❑ Character Display ❑ Live Broadcast Length of planned broadcast Subject Provide script or detailed plan of subject matter (attach sheet if necessary) Review Date Committee Recommendation City Manager Approved Disapproved